II 

Calendar No. 171 

112TH CONGRESS 

1ST SESSION S. 1573 

[Report No. 112–79] 

Making appropriations for financial services and general government for the 

fiscal year ending September 30, 2012, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2011 

Mr. DURBIN, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for financial services and general government for the fiscal year ending September 30, 2012, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for fi5 nancial services and general government for the fiscal year 

6 ending September 30, 2012, and for other purposes, 

7 namely: 
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1 TITLE I 

2 DEPARTMENT OF THE TREASURY 

3 DEPARTMENTAL OFFICES

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses of the Departmental Offices 

7 including operation and maintenance of the Treasury 

8 Building and Annex; hire of passenger motor vehicles; 

9 maintenance, repairs, and improvements of, and purchase 

10 of commercial insurance policies for, real properties leased 

11 or owned overseas, when necessary for the performance 

12 of official business, $306,388,000, including for terrorism 

13 and financial intelligence activities; executive direction 

14 program activities; international affairs and economic pol15 icy activities; domestic finance and tax policy activities; 

16 and Treasury-wide management policies and programs ac17 tivities: Provided, That of the amount appropriated under 

18 this heading, not to exceed $3,000,000, to remain avail19 able until September 30, 2013, is for information tech20 nology modernization requirements; not to exceed 

21 $200,000 is for official reception and representation ex22 penses; $200,000 is to support international representa23 tion commitments of the Secretary; and not to exceed 

24 $258,000 is for unforeseen emergencies of a confidential 

25 nature, to be allocated and expended under the direction 
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1 of the Secretary of the Treasury and to be accounted for 

2 solely on his certificate: Provided further, That of the 

3 amount appropriated under this heading, $6,787,000, to 

4 remain available until September 30, 2013, is for the 

5 Treasury-wide Financial Statement Audit and Internal 

6 Control Program, of which such amounts as may be nec7 essary may be transferred to accounts of the Department’s 

8 offices and bureaus to conduct audits: Provided further, 

9 That this transfer authority shall be in addition to any 

10 other provided in this Act: Provided further, That of the 

11 amount appropriated under this heading, $500,000, to re12 main available until September 30, 2013, is for secure 

13 space requirements: Provided further, That of the amount 

14 appropriated under this heading, up to $3,400,000, to re15 main available until September 30, 2014, is to develop and 

16 implement programs within the Office of Critical Infra17 structure Protection and Compliance Policy, including en18 tering into cooperative agreements: Provided further, That 

19 notwithstanding any other provision of law, up to 

20 $1,000,000, may be contributed to the Global Forum on 

21 Transparency and Exchange of Information for Tax Pur22 poses, a Part II Program of the Organization for Eco23 nomic Cooperation and Development, to cover the cost as24 sessed by that organization for Treasury’s participation 

25 therein: Provided further, That of the amount appro-
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1 priated under this heading, up to $2,500,000 may be used 

2 for training, recruitment, retention, and hiring additional 

3 members of the acquisition workforce as defined by the 

4 Office of Federal Procurement Policy Act, as amended (41 

5 U.S.C. 401 et seq.) and for information technology in sup6 port of acquisition workforce effectiveness and manage7 ment. 

8 OFFICE OF INSPECTOR GENERAL

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, $29,641,000, of which not to exceed 

13 $2,000,000 shall be available for official travel expenses, 

14 including hire of passenger motor vehicles; of which not 

15 to exceed $100,000 shall be available for unforeseen emer16 gencies of a confidential nature, to be allocated and ex17 pended under the direction of the Inspector General of the 

18 Treasury; and of which not to exceed $2,500 shall be avail19 able for official reception and representation expenses. 

20 TREASURY INSPECTOR GENERAL FOR TAX

21 ADMINISTRATION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Treasury Inspector 

24 General for Tax Administration in carrying out the In25 spector General Act of 1978, including purchase (not to 
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1 exceed 150 for replacement only for police-type use) and 

2 hire of passenger motor vehicles (31 U.S.C. 1343(b)); 

3 services authorized by 5 U.S.C. 3109, at such rates as 

4 may be determined by the Inspector General for Tax Ad5 ministration; $151,696,000, of which not to exceed 

6 $6,000,000 shall be available for official travel expenses; 

7 of which not to exceed $500,000 shall be available for un8 foreseen emergencies of a confidential nature, to be allo9 cated and expended under the direction of the Inspector 

10 General for Tax Administration; and of which not to ex11 ceed $1,500 shall be available for official reception and 

12 representation expenses. 

13 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED

14 ASSET RELIEF PROGRAM

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of the Special 

17 Inspector General in carrying out the provisions of the 

18 Emergency Economic Stabilization Act of 2008 (Public 

19 Law 110–343), $41,800,000. 

20 FINANCIAL CRIMES ENFORCEMENT NETWORK

21 SALARIES AND EXPENSES

22 For necessary expenses of the Financial Crimes En23 forcement Network, including hire of passenger motor ve24 hicles; travel and training expenses, including for course 

25 development, of non-Federal and foreign government per-
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1 sonnel to attend meetings and training concerned with do2 mestic and foreign financial intelligence activities, law en3 forcement, and financial regulation; not to exceed $14,000 

4 for official reception and representation expenses; and for 

5 assistance to Federal law enforcement agencies, with or 

6 without reimbursement, $110,788,000, of which not to ex7 ceed $34,335,000 shall remain available until September 

8 30, 2014: Provided, That funds appropriated in this ac9 count may be used to procure personal services contracts. 

10 TREASURY FORFEITURE FUND

11 (RESCISSION)

12 Of the unobligated balances available under this 

13 heading, $750,000,000 are rescinded. 

14 FINANCIAL MANAGEMENT SERVICE

15 SALARIES AND EXPENSES

16 For necessary expenses of the Financial Management 

17 Service, $217,805,000, of which not to exceed $4,210,000 

18 shall remain available until September 30, 2013, for infor19 mation systems modernization initiatives; and of which not 

20 to exceed $2,500 shall be available for official reception 

21 and representation expenses. 

22 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

23 SALARIES AND EXPENSES

24 For necessary expenses of carrying out section 1111 

25 of the Homeland Security Act of 2002, including hire of 
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1 passenger motor vehicles, $99,878,000; of which not to ex2 ceed $6,000 for official reception and representation ex3 penses; not to exceed $50,000 for cooperative research and 

4 development programs for laboratory services; and provi5 sion of laboratory assistance to State and local agencies 

6 with or without reimbursement: Provided, That of the 

7 amount appropriated under this heading, $2,000,000 shall 

8 be for the costs of special law enforcement agents to target 

9 tobacco smuggling and other criminal diversion activities. 

10 UNITED STATES MINT

11 UNITED STATES MINT PUBLIC ENTERPRISE FUND

12 Pursuant to section 5136 of title 31, United States 

13 Code, the United States Mint is provided funding through 

14 the United States Mint Public Enterprise Fund for costs 

15 associated with the production of circulating coins, numis16 matic coins, and protective services, including both oper17 ating expenses and capital investments. The aggregate 

18 amount of new liabilities and obligations incurred during 

19 fiscal year 2012 under such section 5136 for circulating 

20 coinage and protective service capital investments of the 

21 United States Mint shall not exceed $20,000,000. 

22 BUREAU OF THE PUBLIC DEBT

23 ADMINISTERING THE PUBLIC DEBT

24 For necessary expenses connected with any public25 debt issues of the United States, $173,635,000, of which 
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1 not to exceed $2,500 shall be available for official recep2 tion and representation expenses, and of which not to ex3 ceed $10,000,000 shall remain available until September 

4 30, 2014, for the Do Not Pay portal initiative: Provided, 

5 That the sum appropriated herein from the general fund 

6 for fiscal year 2012 shall be reduced by not more than 

7 $8,000,000 as definitive security issue fees and Legacy 

8 Treasury Direct Investor Account Maintenance fees are 

9 collected, so as to result in a final fiscal year 2012 appro10 priation from the general fund estimated at $165,635,000. 

11 In addition, $165,000 to be derived from the Oil Spill Li12 ability Trust Fund to reimburse the Bureau for adminis13 trative and personnel expenses for financial management 

14 of the Fund, as authorized by section 1012 of Public Law 

15 101–380. 

16 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

17 FUND PROGRAM ACCOUNT

18 To carry out the Community Development Banking 

19 and Financial Institutions Act of 1994 (Public Law 103– 

20 325), including services authorized by 5 U.S.C. 3109, but 

21 at rates for individuals not to exceed the per diem rate 

22 equivalent to the rate for ES–3, notwithstanding section 

23 4707(e) of title 12, United States Code, $200,000,000, to 

24 remain available until September 30, 2013; of which 

25 $12,000,000 shall be for financial assistance, technical as-
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1 sistance, training and outreach programs, designed to ben2 efit Native American, Native Hawaiian, and Alaskan Na3 tive communities and provided primarily through qualified 

4 community development lender organizations with experi5 ence and expertise in community development banking and 

6 lending in Indian country, Native American organizations, 

7 tribes and tribal organizations and other suitable pro8 viders; of which, notwithstanding sections 4707(d) and 

9 4707(e) of title 12, United States Code, up to 

10 $22,000,000 shall be for a Healthy Food Financing Initia11 tive to provide grants and loans to community develop12 ment financial institutions for the purpose of offering af13 fordable financing and technical assistance to expand the 

14 availability of healthy food options in distressed commu15 nities; of which up to $36,000,000 shall be for initiatives 

16 designed to enable individuals with low or moderate in17 come levels to establish bank accounts and to improve ac18 cess to the provision of bank accounts as authorized by 

19 sections 1204 and 1205 of Public Law 111–203; of which 

20 $19,000,000 shall be for the Bank Enterprise Award pro21 gram; and of which up to $22,965,000 may be used for 

22 administrative expenses, including administration of the 

23 New Markets Tax Credit. 
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1 INTERNAL REVENUE SERVICE

2 TAXPAYER SERVICES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Internal Revenue Serv5 ice to provide taxpayer services, including pre-filing assist6 ance and education, filing and account services, taxpayer 

7 advocacy services, and other services as authorized by 5 

8 U.S.C. 3109, at such rates as may be determined by the 

9 Commissioner, $2,195,522,000, of which not less than 

10 $6,100,000 shall be for the Tax Counseling for the Elderly 

11 Program, of which not less than $10,000,000 shall be 

12 available for low-income taxpayer clinic grants, of which 

13 not less than $12,000,000, to remain available until Sep14 tember 30, 2013, shall be available for a Community Vol15 unteer Income Tax Assistance matching grants dem16 onstration program for tax return preparation assistance, 

17 of which not less than $207,738,000 shall be available for 

18 operating expenses of the Taxpayer Advocate Service, and 

19 of which up to $6,000,000 may be transferred as nec20 essary from this account to ‘‘Health Insurance Tax Credit 

21 Administration’’ upon advance notification of the Commit22 tees on Appropriations: Provided, That this transfer au23 thority shall be in addition to any transfer authority pro24 vided in the Act: Provided further, That notwithstanding 

25 any other provision of law, the Secretary may publicize 
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1 the low-income taxpayer clinic program and refer tax2 payers to specific qualified low-income taxpayer clinics re3 ceiving funding under this heading. 

4 ENFORCEMENT

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses for tax enforcement activities 

7 of the Internal Revenue Service to determine and collect 

8 owed taxes, to provide legal and litigation support, to con9 duct criminal investigations, to enforce criminal statutes 

10 related to violations of internal revenue laws and other fi11 nancial crimes, to purchase (for police-type use, not to ex12 ceed 850) and hire passenger motor vehicles (31 U.S.C. 

13 1343(b)), and to provide other services as authorized by 

14 5 U.S.C. 3109, at such rates as may be determined by 

15 the Commissioner, $5,228,613,000, of which not less than 

16 $60,257,000 shall be for the Interagency Crime and Drug 

17 Enforcement program. 

18 OPERATIONS SUPPORT

19 For necessary expenses of the Internal Revenue Serv20 ice to support taxpayer services and enforcement pro21 grams, including rent payments; facilities services; print22 ing; postage; physical security; headquarters and other 

23 IRS-wide administration activities; research and statistics 

24 of income; telecommunications; information technology de25 velopment, enhancement, operations, maintenance, and se-
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1 curity; the hire of passenger motor vehicles (31 U.S.C. 

2 1343(b)); and other services as authorized by 5 U.S.C. 

3 3109, at such rates as may be determined by the Commis4 sioner; $3,893,216,000, of which up to $250,000,000 shall 

5 remain available until September 30, 2013, for informa6 tion technology support; of which up to $65,000,000 shall 

7 remain available until expended for acquisition of real 

8 property, equipment, construction and renovation of facili9 ties; of which not to exceed $1,000,000 shall remain avail10 able until September 30, 2014, for research; of which not 

11 less than $2,000,000 shall be for the Internal Revenue 

12 Service Oversight Board; of which not to exceed $25,000 

13 shall be for official reception and representation expenses. 

14 BUSINESS SYSTEMS MODERNIZATION

15 For necessary expenses of the Internal Revenue Serv16 ice’s business systems modernization program, 

17 $330,210,000, to remain available until September 30, 

18 2014, for the capital asset acquisition of information tech19 nology systems, including management and related con20 tractual costs of said acquisitions, including related Inter21 nal Revenue Service labor costs, and contractual costs as22 sociated with operations authorized by 5 U.S.C. 3109: 

23 Provided, That, with the exception of labor costs, none of 

24 these funds may be obligated until the Internal Revenue 
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1 Service submits to the Committees on Appropriations, and 

2 such Committees approve, a plan for expenditure that: 

3 (1) meets the capital planning and investment 

4 control review requirements established by the Office 

5 of Management and Budget, including Circular A– 

6 11; 

7 (2) complies with the Internal Revenue Serv8 ice’s enterprise architecture, including the mod9 ernization blueprint; 

10 (3) conforms with the Internal Revenue Serv11 ice’s enterprise life cycle methodology; 

12 (4) is approved by the Internal Revenue Serv13 ice, the Department of the Treasury, and the Office 

14 of Management and Budget; 

15 (5) has been reviewed by the Government Ac16 countability Office; and 

17 (6) complies with the acquisition rules, require18 ments, guidelines, and systems acquisition manage19 ment practices of the Federal Government. 

20 HEALTH INSURANCE TAX CREDIT ADMINISTRATION

21 For expenses necessary to implement the health in22 surance tax credit included in the Trade Act of 2002 

23 (Public Law 107–210), $15,481,000. 
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1 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

2 SERVICE

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 101. Not to exceed 5 percent of any appropria5 tion made available in this Act to the Internal Revenue 

6 Service or not to exceed 3 percent of appropriations under 

7 the heading ‘‘Enforcement’’ may be transferred to any 

8 other Internal Revenue Service appropriation upon the ad9 vance approval of the Committees on Appropriations. 

10 SEC. 102. The Internal Revenue Service shall main11 tain a training program to ensure that Internal Revenue 

12 Service employees are trained in taxpayers’ rights, in deal13 ing courteously with taxpayers, and in cross-cultural rela14 tions. 

15 SEC. 103. The Internal Revenue Service shall insti16 tute and enforce policies and procedures that will safe17 guard the confidentiality of taxpayer information. 

18 SEC. 104. Funds made available by this or any other 

19 Act to the Internal Revenue Service shall be available for 

20 improved facilities and increased staffing to provide suffi21 cient and effective 1–800 help line service for taxpayers. 

22 The Commissioner shall continue to make the improve23 ment of the Internal Revenue Service 1–800 help line serv24 ice a priority and allocate resources necessary to increase 
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1 phone lines and staff to improve the Internal Revenue 

2 Service 1–800 help line service. 

3 SEC. 105. None of the funds made available in this 

4 Act may be used to enter into, renew, extend, administer, 

5 implement, enforce, or provide oversight of any qualified 

6 tax collection contract (as defined in section 6306 of the 

7 Internal Revenue Code of 1986). 

8 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE

9 TREASURY

10 (INCLUDING TRANSFERS OF FUNDS)

11 SEC. 106. Appropriations to the Department of the 

12 Treasury in this Act shall be available for uniforms or al13 lowances therefor, as authorized by law (5 U.S.C. 5901), 

14 including maintenance, repairs, and cleaning; purchase of 

15 insurance for official motor vehicles operated in foreign 

16 countries; purchase of motor vehicles without regard to the 

17 general purchase price limitations for vehicles purchased 

18 and used overseas for the current fiscal year; entering into 

19 contracts with the Department of State for the furnishing 

20 of health and medical services to employees and their de21 pendents serving in foreign countries; and services author22 ized by 5 U.S.C. 3109. 

23 SEC. 107. Not to exceed 2 percent of any appropria24 tions in this Act made available to the Departmental Of25 fices—Salaries and Expenses, Office of Inspector General, 
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1 Special Inspector General for the Troubled Asset Relief 

2 Program, Financial Management Service, Alcohol and To3 bacco Tax and Trade Bureau, Financial Crimes Enforce4 ment Network, and Bureau of the Public Debt, may be 

5 transferred between such appropriations upon the advance 

6 approval of the Committees on Appropriations: Provided, 

7 That no transfer may increase or decrease any such appro8 priation by more than 2 percent. 

9 SEC. 108. Not to exceed 2 percent of any appropria10 tion made available in this Act to the Internal Revenue 

11 Service may be transferred to the Treasury Inspector Gen12 eral for Tax Administration’s appropriation upon the ad13 vance approval of the Committees on Appropriations: Pro14 vided, That no transfer may increase or decrease any such 

15 appropriation by more than 2 percent. 

16 SEC. 109. Of the funds available for the purchase of 

17 law enforcement vehicles, no funds may be obligated until 

18 the Secretary of the Treasury certifies that the purchase 

19 by the respective Treasury bureau is consistent with de20 partmental vehicle management principles: Provided, That 

21 the Secretary may delegate this authority to the Assistant 

22 Secretary for Management. 

23 SEC. 110. None of the funds appropriated in this Act 

24 or otherwise available to the Department of the Treasury 
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1 or the Bureau of Engraving and Printing may be used 

2 to redesign the $1 Federal Reserve note. 

3 SEC. 111. The Secretary of the Treasury may trans4 fer funds from Financial Management Service, Salaries 

5 and Expenses to the Debt Collection Fund as necessary 

6 to cover the costs of debt collection: Provided, That such 

7 amounts shall be reimbursed to such salaries and expenses 

8 account from debt collections received in the Debt Collec9 tion Fund. 

10 SEC. 112. Section 122(g)(1) of Public Law 105–119 

11 (5 U.S.C. 3104 note), is further amended by striking ‘‘12 

12 years’’ and inserting ‘‘14 years’’. 

13 SEC. 113. None of the funds appropriated or other14 wise made available by this or any other Act may be used 

15 by the United States Mint to construct or operate any mu16 seum without the explicit approval of the Committees on 

17 Appropriations of the House of Representatives and the 

18 Senate, the House Committee on Financial Services, and 

19 the Senate Committee on Banking, Housing and Urban 

20 Affairs. 

21 SEC. 114. None of the funds appropriated or other22 wise made available by this or any other Act or source 

23 to the Department of the Treasury, the Bureau of Engrav24 ing and Printing, and the United States Mint, individually 

25 or collectively, may be used to consolidate any or all func-
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1 tions of the Bureau of Engraving and Printing and the 

2 United States Mint without the explicit approval of the 

3 House Committee on Financial Services; the Senate Com4 mittee on Banking, Housing, and Urban Affairs; the 

5 House Committee on Appropriations; and the Senate 

6 Committee on Appropriations. 

7 SEC. 115. Funds appropriated by this Act, or made 

8 available by the transfer of funds in this Act, for the De9 partment of the Treasury’s intelligence or intelligence re10 lated activities are deemed to be specifically authorized by 

11 the Congress for purposes of section 504 of the National 

12 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

13 2011 until the enactment of the Intelligence Authorization 

14 Act for Fiscal Year 2012. 

15 SEC. 116. Not to exceed $5,000 shall be made avail16 able from the Bureau of Engraving and Printing’s Indus17 trial Revolving Fund for necessary official reception and 

18 representation expenses. 

19 SEC. 117. The Secretary of the Treasury shall submit 

20 a Capital Investment Plan to the Committees on Appro21 priations of the Senate and the House of Representatives 

22 not later than 30 days following the submission of the an23 nual budget for the Administration submitted by the 

24 President: Provided, That such Capital Investment Plan 

25 shall include capital investment spending from all accounts 
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1 within the Department of the Treasury, including but not 

2 limited to the Department-wide Systems and Capital In3 vestment Programs account, the Working Capital Fund 

4 account, and the Treasury Forfeiture Fund account: Pro5 vided further, That such Capital Investment Plan shall in6 clude expenditures occurring in previous fiscal years for 

7 each capital investment project that has not been fully 

8 completed. 

9 This title may be cited as the ‘‘Department of the 

10 Treasury Appropriations Act, 2012’’. 

11 TITLE II 

12 EXECUTIVE OFFICE OF THE PRESIDENT AND 

13 FUNDS APPROPRIATED TO THE PRESIDENT 

14 COMPENSATION OF THE PRESIDENT

15 For compensation of the President, including an ex16 pense allowance at the rate of $50,000 per annum as au17 thorized by 3 U.S.C. 102, $450,000: Provided, That none 

18 of the funds made available for official expenses shall be 

19 expended for any other purpose and any unused amount 

20 shall revert to the Treasury pursuant to 31 U.S.C. 1552. 

21 THE WHITE HOUSE

22 SALARIES AND EXPENSES

23 For necessary expenses for the White House as au24 thorized by law, including not to exceed $3,850,000 for 

25 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 
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1 subsistence expenses as authorized by 3 U.S.C. 105, which 

2 shall be expended and accounted for as provided in that 

3 section; hire of passenger motor vehicles, newspapers, 

4 periodicals, teletype news service, and travel (not to exceed 

5 $100,000 to be expended and accounted for as provided 

6 by 3 U.S.C. 103); and not to exceed $19,000 for official 

7 entertainment expenses, to be available for allocation with8 in the Executive Office of the President; and for necessary 

9 expenses of the Office of Policy Development, including 

10 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 

11 $57,851,000. 

12 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

13 OPERATING EXPENSES

14 For the care, maintenance, repair and alteration, re15 furnishing, improvement, heating, and lighting, including 

16 electric power and fixtures, of the Executive Residence at 

17 the White House and official entertainment expenses of 

18 the President, $13,536,000, to be expended and accounted 

19 for as provided by 3 U.S.C. 105, 109, 110, and 112–114. 

20 REIMBURSABLE EXPENSES

21 For the reimbursable expenses of the Executive Resi22 dence at the White House, such sums as may be nec23 essary: Provided, That all reimbursable operating expenses 

24 of the Executive Residence shall be made in accordance 

25 with the provisions of this paragraph: Provided further, 
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1 That, notwithstanding any other provision of law, such 

2 amount for reimbursable operating expenses shall be the 

3 exclusive authority of the Executive Residence to incur ob4 ligations and to receive offsetting collections, for such ex5 penses: Provided further, That the Executive Residence 

6 shall require each person sponsoring a reimbursable polit7 ical event to pay in advance an amount equal to the esti8 mated cost of the event, and all such advance payments 

9 shall be credited to this account and remain available until 

10 expended: Provided further, That the Executive Residence 

11 shall require the national committee of the political party 

12 of the President to maintain on deposit $25,000, to be 

13 separately accounted for and available for expenses relat14 ing to reimbursable political events sponsored by such 

15 committee during such fiscal year: Provided further, That 

16 the Executive Residence shall ensure that a written notice 

17 of any amount owed for a reimbursable operating expense 

18 under this paragraph is submitted to the person owing 

19 such amount within 60 days after such expense is in20 curred, and that such amount is collected within 30 days 

21 after the submission of such notice: Provided further, That 

22 the Executive Residence shall charge interest and assess 

23 penalties and other charges on any such amount that is 

24 not reimbursed within such 30 days, in accordance with 

25 the interest and penalty provisions applicable to an out-
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1 standing debt on a United States Government claim under 

2 31 U.S.C. 3717: Provided further, That each such amount 

3 that is reimbursed, and any accompanying interest and 

4 charges, shall be deposited in the Treasury as miscella5 neous receipts: Provided further, That the Executive Resi6 dence shall prepare and submit to the Committees on Ap7 propriations, by not later than 90 days after the end of 

8 the fiscal year covered by this Act, a report setting forth 

9 the reimbursable operating expenses of the Executive Res10 idence during the preceding fiscal year, including the total 

11 amount of such expenses, the amount of such total that 

12 consists of reimbursable official and ceremonial events, the 

13 amount of such total that consists of reimbursable political 

14 events, and the portion of each such amount that has been 

15 reimbursed as of the date of the report: Provided further, 

16 That the Executive Residence shall maintain a system for 

17 the tracking of expenses related to reimbursable events 

18 within the Executive Residence that includes a standard 

19 for the classification of any such expense as political or 

20 nonpolitical: Provided further, That no provision of this 

21 paragraph may be construed to exempt the Executive Res22 idence from any other applicable requirement of sub23 chapter I or II of chapter 37 of title 31, United States 

24 Code. 
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1 WHITE HOUSE REPAIR AND RESTORATION

2 For the repair, alteration, and improvement of the 

3 Executive Residence at the White House, $990,000, to re4 main available until expended, for required maintenance, 

5 resolution of safety and health issues, and continued pre6 ventative maintenance. 

7 COUNCIL OF ECONOMIC ADVISERS

8 SALARIES AND EXPENSES

9 For necessary expenses of the Council of Economic 

10 Advisers in carrying out its functions under the Employ11 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,192,000. 

12 NATIONAL SECURITY COUNCIL AND HOMELAND

13 SECURITY COUNCIL

14 SALARIES AND EXPENSES

15 For necessary expenses of the National Security 

16 Council and the Homeland Security Council, including 

17 services as authorized by 5 U.S.C. 3109, $13,048,000. 

18 OFFICE OF ADMINISTRATION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Administra21 tion, including services as authorized by 5 U.S.C. 3109 

22 and 3 U.S.C. 107, and hire of passenger motor vehicles, 

23 $114,908,000, of which $10,670,000 shall remain avail24 able until expended for continued modernization of the in-
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1 formation technology infrastructure within the Executive 

2 Office of the President. 

3 OFFICE OF MANAGEMENT AND BUDGET

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of Management 

6 and Budget, including hire of passenger motor vehicles 

7 and services as authorized by 5 U.S.C. 3109 and to carry 

8 out the provisions of chapter 35 of title 44, United States 

9 Code, $90,833,000, of which not to exceed $3,000 shall 

10 be available for official representation expenses: Provided, 

11 That none of the funds appropriated in this Act for the 

12 Office of Management and Budget may be used for the 

13 purpose of reviewing any agricultural marketing orders or 

14 any activities or regulations under the provisions of the 

15 Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 

16 601 et seq.): Provided further, That none of the funds 

17 made available for the Office of Management and Budget 

18 by this Act may be expended for the altering of the tran19 script of actual testimony of witnesses, except for testi20 mony of officials of the Office of Management and Budget, 

21 before the Committees on Appropriations or their sub22 committees: Provided further, That none of the funds pro23 vided in this or prior Acts shall be used, directly or indi24 rectly, by the Office of Management and Budget, for eval25 uating or determining if water resource project or study 
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1 reports submitted by the Chief of Engineers acting 

2 through the Secretary of the Army are in compliance with 

3 all applicable laws, regulations, and requirements relevant 

4 to the Civil Works water resource planning process: Pro5 vided further, That the Office of Management and Budget 

6 shall have not more than 60 days in which to perform 

7 budgetary policy reviews of water resource matters on 

8 which the Chief of Engineers has reported: Provided fur9 ther, That the Director of the Office of Management and 

10 Budget shall notify the appropriate authorizing and ap11 propriating committees when the 60-day review is initi12 ated: Provided further, That if water resource reports have 

13 not been transmitted to the appropriate authorizing and 

14 appropriating committees within 15 days after the end of 

15 the Office of Management and Budget review period based 

16 on the notification from the Director, Congress shall as17 sume Office of Management and Budget concurrence with 

18 the report and act accordingly. 

19 GOVERNMENT-WIDE MANAGEMENT COUNCILS

20 (INCLUDING TRANSFER OF FUNDS)

21 Notwithstanding 31 U.S.C. 1346 and section 708 of 

22 this Act, the head of each Executive department and agen23 cy is hereby authorized to transfer to or reimburse ‘‘Gen24 eral Services Administration, Government-wide Policy’’ 

25 with the approval of the Director of the Office of Manage-
26 

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1 ment and Budget, funds made available for fiscal year 

2 2012 by this or any other Act, including rebates from 

3 charge card and other contracts: Provided, That these 

4 funds shall be administered by the Administrator of Gen5 eral Services to support Government-wide and other multi6 agency financial, information technology, procurement, 

7 and other management innovations, initiatives, and activi8 ties, as approved by the Director of the Office of Manage9 ment and Budget, in consultation with the appropriate 

10 interagency and multi-agency groups designated by the 

11 Director, including the President’s Management Council 

12 for overall management improvement initiatives, the Chief 

13 Financial Officers Council for financial management ini14 tiatives, the Chief Information Officers Council for infor15 mation technology initiatives, the Chief Human Capital 

16 Officers Council for human capital initiatives, the Chief 

17 Acquisition Officers Council for procurement initiatives, 

18 and the Performance Improvement Council for perform19 ance improvement initiatives: Provided further, That the 

20 total funds transferred or reimbursed shall not exceed 

21 $17,000,000: Provided further, That the funds transferred 

22 to or for reimbursement of ‘‘General Services Administra23 tion, Government-wide Policy’’ during fiscal year 2012 

24 shall remain available for obligation through September 

25 30, 2013: Provided further, That such transfers or reim-
27 

•S 1573 PCS

1 bursements may only be made following written approval 

2 of the Committees on Appropriations of the House of Rep3 resentatives and the Senate. 

4 OFFICE OF NATIONAL DRUG CONTROL POLICY

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of National 

7 Drug Control Policy; for research activities pursuant to 

8 the Office of National Drug Control Policy Reauthoriza9 tion Act of 2006 (Public Law 109–469); not to exceed 

10 $10,000 for official reception and representation expenses; 

11 and for participation in joint projects or in the provision 

12 of services on matters of mutual interest with nonprofit, 

13 research, or public organizations or agencies, with or with14 out reimbursement, $26,125,000: Provided, That the Of15 fice is authorized to accept, hold, administer, and utilize 

16 gifts, both real and personal, public and private, without 

17 fiscal year limitation, for the purpose of aiding or facili18 tating the work of the Office. 

19 FEDERAL DRUG CONTROL PROGRAMS

20 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses of the Office of National 

23 Drug Control Policy’s High Intensity Drug Trafficking 

24 Areas Program, $238,522,000, to remain available until 

25 September 30, 2013, for drug control activities consistent 
28 

•S 1573 PCS

1 with the approved strategy for each of the designated 

2 High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of 

3 which not less than 51 percent shall be transferred to 

4 State and local entities for drug control activities and shall 

5 be obligated not later than 120 days after enactment of 

6 this Act: Provided, That up to 49 percent may be trans7 ferred to Federal agencies and departments in amounts 

8 determined by the Director of the Office of National Drug 

9 Control Policy (‘‘the Director’’), of which up to 

10 $2,700,000 may be used for auditing services and associ11 ated activities (including up to $500,000 to ensure the 

12 continued operation and maintenance of the Performance 

13 Management System): Provided further, That, notwith14 standing the requirements of Public Law 106–58, any un15 expended funds obligated prior to fiscal year 2010 may 

16 be used for any other approved activities of that High In17 tensity Drug Trafficking Area, subject to reprogramming 

18 requirements: Provided further, That each High Intensity 

19 Drug Trafficking Area designated as of September 30, 

20 2011, shall be funded at not less than the fiscal year 2011 

21 base level, unless the Director submits to the Committees 

22 on Appropriations of the House of Representatives and the 

23 Senate justification for changes to those levels based on 

24 clearly articulated priorities and published Office of Na25 tional Drug Control Policy performance measures of effec-
29 

•S 1573 PCS

1 tiveness: Provided further, That the Director shall notify 

2 the Committees on Appropriations of the initial allocation 

3 of fiscal year 2012 funding among HIDTAs not later than 

4 45 days after enactment of this Act, and shall notify the 

5 Committees of planned uses of discretionary HIDTA 

6 funding, as determined in consultation with the HIDTA 

7 Directors, not later than 90 days after enactment of this 

8 Act. 

9 OTHER FEDERAL DRUG CONTROL PROGRAMS

10 (INCLUDING TRANSFERS OF FUNDS)

11 For other drug control activities authorized by the 

12 Office of National Drug Control Policy Reauthorization 

13 Act of 2006 (Public Law 109–469), $105,950,000, to re14 main available until expended, which shall be available as 

15 follows: $92,600,000 for the Drug-Free Communities Pro16 gram, of which $2,000,000 shall be made available as di17 rected by section 4 of Public Law 107–82, as amended 

18 by Public Law 109–469 (21 U.S.C. 1521 note); 

19 $1,400,000 for drug court training and technical assist20 ance; $8,900,000 for anti-doping activities; $1,900,000 for 

21 the United States membership dues to the World Anti22 Doping Agency; and $1,150,000 shall be made available 

23 as directed by section 1105 of Public Law 109–469. 
30 

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1 UNANTICIPATED NEEDS

2 For expenses necessary to enable the President to 

3 meet unanticipated needs, in furtherance of the national 

4 interest, security, or defense which may arise at home or 

5 abroad during the current fiscal year, as authorized by 

6 3 U.S.C. 108, $988,000, to remain available until Sep7 tember 30, 2013. 

8 SPECIAL ASSISTANCE TO THE PRESIDENT

9 SALARIES AND EXPENSES

10 For necessary expenses to enable the Vice President 

11 to provide assistance to the President in connection with 

12 specially assigned functions; services as authorized by 5 

13 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex14 penses as authorized by 3 U.S.C. 106, which shall be ex15 pended and accounted for as provided in that section; and 

16 hire of passenger motor vehicles, $4,328,000. 

17 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

18 OPERATING EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For the care, operation, refurnishing, improvement, 

21 and to the extent not otherwise provided for, heating and 

22 lighting, including electric power and fixtures, of the offi23 cial residence of the Vice President; the hire of passenger 

24 motor vehicles; and not to exceed $90,000 for official en25 tertainment expenses of the Vice President, to be ac-
31 

•S 1573 PCS

1 counted for solely on his certificate, $307,000: Provided, 

2 That advances or repayments or transfers from this ap3 propriation may be made to any department or agency for 

4 expenses of carrying out such activities. 

5 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF

6 THE PRESIDENT AND FUNDS APPROPRIATED TO

7 THE PRESIDENT

8 (INCLUDING TRANSFERS OF FUNDS)

9 SEC. 201. From funds made available in this Act 

10 under the headings ‘‘The White House’’, ‘‘Executive Resi11 dence at the White House’’, ‘‘White House Repair and 

12 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National 

13 Security Council and Homeland Security Council’’, ‘‘Of14 fice of Administration’’, ‘‘Special Assistance to the Presi15 dent’’, and ‘‘Official Residence of the Vice President’’, the 

16 Director of the Office of Management and Budget (or 

17 such other officer as the President may designate in writ18 ing), may, 15 days after giving notice to the Committees 

19 on Appropriations of the House of Representatives and the 

20 Senate, transfer not to exceed 10 percent of any such ap21 propriation to any other such appropriation, to be merged 

22 with and available for the same time and for the same 

23 purposes as the appropriation to which transferred: Pro24 vided, That the amount of an appropriation shall not be 

25 increased by more than 50 percent by such transfers: Pro-
32 

•S 1573 PCS

1 vided further, That no amount shall be transferred from 

2 ‘‘Special Assistance to the President’’ or ‘‘Official Resi3 dence of the Vice President’’ without the approval of the 

4 Vice President. 

5 SEC. 202. The Director of the Office of National 

6 Drug Control Policy shall submit to the Committees on 

7 Appropriations of the House of Representatives and the 

8 Senate not later than 60 days after the date of enactment 

9 of this Act, and prior to the initial obligation of more than 

10 20 percent of the funds appropriated in any account under 

11 the heading ‘‘Office of National Drug Control Policy’’, a 

12 detailed narrative and financial plan on the proposed uses 

13 of all funds under the account by program, project, and 

14 activity: Provided, That the reports required by this sec15 tion shall be updated and submitted to the Committees 

16 on Appropriations every 6 months and shall include infor17 mation detailing how the estimates and assumptions con18 tained in previous reports have changed: Provided further, 

19 That any new projects and changes in funding of ongoing 

20 projects shall be subject to the prior approval of the Com21 mittees on Appropriations. 

22 SEC. 203. Not to exceed 2 percent of any appropria23 tions in this Act made available to the Office of National 

24 Drug Control Policy may be transferred between appro25 priated programs upon the advance approval of the Com-
33 

•S 1573 PCS

1 mittees on Appropriations: Provided, That no transfer 

2 may increase or decrease any such appropriation by more 

3 than 3 percent. 

4 SEC. 204. Not to exceed $1,000,000 of any appro5 priations in this Act made available to the Office of Na6 tional Drug Control Policy may be reprogrammed within 

7 a program, project, or activity upon the advance approval 

8 of the Committees on Appropriations. 

9 SEC. 205. From the unobligated balances of prior 

10 year appropriations made available for the Counterdrug 

11 Technology Assessment Center, $11,328,000 are re12 scinded. 

13 This title may be cited as the ‘‘Executive Office of 

14 the President Appropriations Act, 2012’’. 

15 TITLE III 

16 THE JUDICIARY 

17 SUPREME COURT OF THE UNITED STATES

18 SALARIES AND EXPENSES

19 For expenses necessary for the operation of the Su20 preme Court, as required by law, excluding care of the 

21 building and grounds, including purchase or hire, driving, 

22 maintenance, and operation of an automobile for the Chief 

23 Justice, not to exceed $10,000 for the purpose of trans24 porting Associate Justices, and hire of passenger motor 

25 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 
34 

•S 1573 PCS

1 to exceed $10,000 for official reception and representation 

2 expenses; and for miscellaneous expenses, to be expended 

3 as the Chief Justice may approve, $74,819,000, of which 

4 $2,000,000 shall remain available until expended. 

5 CARE OF THE BUILDING AND GROUNDS

6 For such expenditures as may be necessary to enable 

7 the Architect of the Capitol to carry out the duties im8 posed upon the Architect by 40 U.S.C. 6111 and 6112, 

9 $8,159,000, to remain available until expended. 

10 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

11 CIRCUIT

12 SALARIES AND EXPENSES

13 For salaries of the chief judge, judges, and other offi14 cers and employees, and for necessary expenses of the 

15 court, as authorized by law, $31,913,000. 

16 UNITED STATES COURT OF INTERNATIONAL TRADE

17 SALARIES AND EXPENSES

18 For salaries of the chief judge and eight judges, sala19 ries of the officers and employees of the court, services, 

20 and necessary expenses of the court, as authorized by law, 

21 $20,968,000. 
35 

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1 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

2 JUDICIAL SERVICES

3 SALARIES AND EXPENSES

4 (INCLUDING TRANSFER OF FUNDS)

5 For the salaries of circuit and district judges (includ6 ing judges of the territorial courts of the United States), 

7 justices and judges retired from office or from regular ac8 tive service, judges of the United States Court of Federal 

9 Claims, bankruptcy judges, magistrate judges, and all 

10 other officers and employees of the Federal Judiciary not 

11 otherwise specifically provided for, and necessary expenses 

12 of the courts, and the purchase of uniforms for Probation 

13 and Pretrial Services office staff, as authorized by law, 

14 $4,970,646,000 (including the purchase of firearms and 

15 ammunition); of which not to exceed $27,817,000 shall re16 main available until expended for space alteration projects 

17 and for furniture and furnishings related to new space al18 teration and construction projects. 

19 In addition, for expenses of the United States Court 

20 of Federal Claims associated with processing cases under 

21 the National Childhood Vaccine Injury Act of 1986 (Pub22 lic Law 99–660), not to exceed $4,775,000, to be appro23 priated from the Vaccine Injury Compensation Trust 

24 Fund. 
36 

•S 1573 PCS

1 DEFENDER SERVICES

2 For the operation of Federal Defender organizations; 

3 the compensation and reimbursement of expenses of attor4 neys appointed to represent persons under 18 U.S.C. 

5 3006A, and also under 18 U.S.C. 3599, in cases in which 

6 a defendant is charged with a crime that may be punish7 able by death; the compensation and reimbursement of ex8 penses of persons furnishing investigative, expert, and 

9 other services under 18 U.S.C. 3006A(e), and also under 

10 18 U.S.C. 3599(f) and (g)(2), in cases in which a defend11 ant is charged with a crime that may be punishable by 

12 death; the compensation (in accordance with the maxi13 mums under 18 U.S.C. 3006A) and reimbursement of ex14 penses of attorneys appointed to assist the court in crimi15 nal cases where the defendant has waived representation 

16 by counsel; the compensation and reimbursement of travel 

17 expenses of guardians ad litem appointed under 18 U.S.C. 

18 4100(b), acting on behalf of financially eligible minor or 

19 incompetent offenders in connection with transfers from 

20 the United States to foreign countries with which the 

21 United States has a treaty for the execution of penal sen22 tences (18 U.S.C. 4100(b)); the compensation and reim23 bursement of expenses of attorneys appointed to represent 

24 jurors in civil actions for the protection of their employ25 ment, as authorized by 28 U.S.C. 1875(d)(1); the com-
37 

•S 1573 PCS

1 pensation and reimbursement of expenses of attorneys ap2 pointed under 18 U.S.C. 983(b)(1) in connection with cer3 tain judicial civil forfeiture proceedings; and for necessary 

4 training and general administrative expenses, 

5 $1,034,182,000, to remain available until expended. 

6 FEES OF JURORS AND COMMISSIONERS

7 For fees and expenses of jurors as authorized by 28 

8 U.S.C. 1871 and 1876; compensation of jury commis9 sioners as authorized by 28 U.S.C. 1863; and compensa10 tion of commissioners appointed in condemnation cases 

11 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro12 cedure (28 U.S.C. Appendix Rule 71.1(h)), $59,000,000, 

13 to remain available until expended: Provided, That the 

14 compensation of land commissioners shall not exceed the 

15 daily equivalent of the highest rate payable under 5 U.S.C. 

16 5332. 

17 COURT SECURITY

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses, not otherwise provided for, 

20 incident to the provision of protective guard services for 

21 United States courthouses and other facilities housing 

22 Federal court operations, and the procurement, installa23 tion, and maintenance of security systems and equipment 

24 for United States courthouses and other facilities housing 

25 Federal court operations, including building ingress-egress 
38 

•S 1573 PCS

1 control, inspection of mail and packages, directed security 

2 patrols, perimeter security, basic security services provided 

3 by the Federal Protective Service, and other similar activi4 ties as authorized by section 1010 of the Judicial Improve5 ment and Access to Justice Act (Public Law 100–702), 

6 $500,000,000, of which not to exceed $15,000,000 shall 

7 remain available until expended, to be expended directly 

8 or transferred to the United States Marshals Service, 

9 which shall be responsible for administering the Judicial 

10 Facility Security Program consistent with standards or 

11 guidelines agreed to by the Director of the Administrative 

12 Office of the United States Courts and the Attorney Gen13 eral. 

14 ADMINISTRATIVE OFFICE OF THE UNITED STATES

15 COURTS

16 SALARIES AND EXPENSES

17 For necessary expenses of the Administrative Office 

18 of the United States Courts as authorized by law, includ19 ing travel as authorized by 31 U.S.C. 1345, hire of a pas20 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 

21 advertising and rent in the District of Columbia and else22 where, $82,000,000, of which not to exceed $8,500 is au23 thorized for official reception and representation expenses. 
39 

•S 1573 PCS

1 FEDERAL JUDICIAL CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Judicial Cen4 ter, as authorized by Public Law 90–219, $27,000,000; 

5 of which $1,800,000 shall remain available through Sep6 tember 30, 2013, to provide education and training to 

7 Federal court personnel; and of which not to exceed 

8 $1,500 is authorized for official reception and representa9 tion expenses. 

10 JUDICIAL RETIREMENT FUNDS

11 PAYMENT TO JUDICIARY TRUST FUNDS

12 For payment to the Judicial Officers’ Retirement 

13 Fund, as authorized by 28 U.S.C. 377(o), $86,968,000; 

14 to the Judicial Survivors’ Annuities Fund, as authorized 

15 by 28 U.S.C. 376(c), $12,600,000; and to the United 

16 States Court of Federal Claims Judges’ Retirement Fund, 

17 as authorized by 28 U.S.C. 178(l), $4,200,000. 

18 UNITED STATES SENTENCING COMMISSION

19 SALARIES AND EXPENSES

20 For the salaries and expenses necessary to carry out 

21 the provisions of chapter 58 of title 28, United States 

22 Code, $16,500,000, of which not to exceed $1,000 is au23 thorized for official reception and representation expenses. 
40 

•S 1573 PCS

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 appropria7 tion made available for the current fiscal year for the Judi8 ciary in this Act may be transferred between such appro9 priations, but no such appropriation, except ‘‘Courts of 

10 Appeals, District Courts, and Other Judicial Services, De11 fender Services’’ and ‘‘Courts of Appeals, District Courts, 

12 and Other Judicial Services, Fees of Jurors and Commis13 sioners’’, shall be increased by more than 10 percent by 

14 any such transfers: Provided, That any transfer pursuant 

15 to this 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 
41 

•S 1573 PCS

1 Administrative Office of the United States Courts in the 

2 capacity as Secretary of the Judicial Conference. 

3 SEC. 304. Within 90 days after the date of the enact4 ment of this Act, the Administrative Office of the U.S. 

5 Courts shall submit to the Committees on Appropriations 

6 a comprehensive financial plan for the Judiciary allocating 

7 all sources of available funds including appropriations, fee 

8 collections, and carryover balances, to include a separate 

9 and detailed plan for the Judiciary Information Tech10 nology Fund, which will establish the baseline for applica11 tion of reprogramming and transfer authorities for the 

12 current fiscal year. 

13 SEC. 305. Section 3314(a) of title 40, United States 

14 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec15 utive’’ each place it appears. 

16 SEC. 306. In accordance with 28 U.S.C. 561–569, 

17 and notwithstanding any other provision of law, the 

18 United States Marshals Service shall provide, for such 

19 courthouses as its Director may designate in consultation 

20 with the Director of the Administrative Office of the 

21 United States Courts, for purposes of a pilot program, the 

22 security services that 40 U.S.C. 1315 authorizes the De23 partment of Homeland Security to provide, except for the 

24 services specified in 40 U.S.C. 1315(b)(2)(E). For build25 ing-specific security services at these courthouses, the Di-
42 

•S 1573 PCS

1 rector of the Administrative Office of the United States 

2 Courts shall reimburse the United States Marshals Service 

3 rather than the Department of Homeland Security. 

4 SEC. 307. Section 203(c) of the Judicial Improve5 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

6 note), is amended— 

7 (1) in the third sentence (relating to the Dis8 trict of Kansas), by striking ‘‘20 years’’ and insert9 ing ‘‘21 years’’; and 

10 (2) in the seventh sentence (related to the Dis11 trict of Hawaii), by striking ‘‘17 years’’ and insert12 ing ‘‘18 years’’. 

13 This title may be cited as the ‘‘Judiciary Appropria14 tions Act, 2012’’. 

15 TITLE IV 

16 DISTRICT OF COLUMBIA 

17 FEDERAL FUNDS

18 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

19 For a Federal payment to the District of Columbia, 

20 to be deposited into a dedicated account, for a nationwide 

21 program to be administered by the Mayor, for District of 

22 Columbia resident tuition support, $30,000,000, to remain 

23 available until expended: Provided, That such funds, in24 cluding any interest accrued thereon, may be used on be25 half of eligible District of Columbia residents to pay an 
43 

•S 1573 PCS

1 amount based upon the difference between in-State and 

2 out-of-State tuition at public institutions of higher edu3 cation, or to pay up to $2,500 each year at eligible private 

4 institutions of higher education: Provided further, That the 

5 awarding of such funds may be prioritized on the basis 

6 of a resident’s academic merit, the income and need of 

7 eligible students and such other factors as may be author8 ized: Provided further, That the District of Columbia gov9 ernment shall maintain a dedicated account for the Resi10 dent Tuition Support Program that shall consist of the 

11 Federal funds appropriated to the Program in this Act 

12 and any subsequent appropriations, any unobligated bal13 ances from prior fiscal years, and any interest earned in 

14 this or any fiscal year: Provided further, That the account 

15 shall be under the control of the District of Columbia 

16 Chief Financial Officer, who shall use those funds solely 

17 for the purposes of carrying out the Resident Tuition Sup18 port Program: Provided further, That the Office of the 

19 Chief Financial Officer shall provide a quarterly financial 

20 report to the Committees on Appropriations of the House 

21 of Representatives and the Senate for these funds show22 ing, by object class, the expenditures made and the pur23 pose therefor. 
44 

•S 1573 PCS

1 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

2 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

3 For a Federal payment of necessary expenses, as de4 termined by the Mayor of the District of Columbia in writ5 ten consultation with the elected county or city officials 

6 of surrounding jurisdictions, $14,900,000, to remain 

7 available until expended and in addition any funds that 

8 remain available from prior year appropriations under this 

9 heading for the District of Columbia Government, for the 

10 costs of providing public safety at events related to the 

11 presence of the national capital in the District of Colum12 bia, including support requested by the Director of the 

13 United States Secret Service Division in carrying out pro14 tective duties under the direction of the Secretary of 

15 Homeland Security, and for the costs of providing support 

16 to respond to immediate and specific terrorist threats or 

17 attacks in the District of Columbia or surrounding juris18 dictions. 

19 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

20 COURTS

21 For salaries and expenses for the District of Colum22 bia Courts, $230,319,000 to be allocated as follows: for 

23 the District of Columbia Court of Appeals, $12,830,000, 

24 of which not to exceed $2,500 is for official reception and 

25 representation expenses; for the District of Columbia Su-
45 

•S 1573 PCS

1 perior Court, $111,687,000, of which not to exceed $2,500 

2 is for official reception and representation expenses; for 

3 the District of Columbia Court System, $66,712,000, of 

4 which not to exceed $2,500 is for official reception and 

5 representation expenses; and $39,090,000, to remain 

6 available until September 30, 2013, for capital improve7 ments for District of Columbia courthouse facilities: Pro8 vided, That funds made available for capital improvements 

9 shall be expended consistent with the District of Columbia 

10 Courts master plan study and building evaluation report: 

11 Provided further, That notwithstanding any other provi12 sion of law, all amounts under this heading shall be appor13 tioned quarterly by the Office of Management and Budget 

14 and obligated and expended in the same manner as funds 

15 appropriated for salaries and expenses of other Federal 

16 agencies, with payroll and financial services to be provided 

17 on a contractual basis with the General Services Adminis18 tration (GSA), and such services shall include the prepara19 tion of monthly financial reports, copies of which shall be 

20 submitted directly by GSA to the President and to the 

21 Committees on Appropriations of the House of Represent22 atives and the Senate, the Committee on Oversight and 

23 Government Reform of the House of Representatives, and 

24 the Committee on Homeland Security and Governmental 

25 Affairs of the Senate: Provided further, That 30 days after 
46 

•S 1573 PCS

1 providing written notice to the Committees on Appropria2 tions of the House of Representatives and the Senate, the 

3 District of 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 represen13 tation provided under the District of Columbia Criminal 

14 Justice Act), payments for counsel appointed in pro15 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, tech19 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 pay23 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-
47 

•S 1573 PCS

1 rable Power of Attorney Act of 1986), $55,000,000, to 

2 remain available until expended: Provided, That funds pro3 vided under this heading shall be administered by the 

4 Joint Committee on Judicial Administration in the Dis5 trict of Columbia: Provided further, That notwithstanding 

6 any other provision of law, this appropriation shall be ap7 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 agen10 cies, with payroll and financial services to be provided on 

11 a contractual basis with the General Services Administra12 tion (GSA), and such services shall include the prepara13 tion of monthly financial reports, copies of which shall be 

14 submitted directly by GSA to the President and to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate, the Committee on Oversight and 

17 Government Reform of the House of Representatives, and 

18 the Committee on Homeland Security and Governmental 

19 Affairs of the Senate: Provided further, That not more 

20 than $10,000,000 of the funds provided in this account 

21 may be transferred to, and merged with, funds made avail22 able under the heading ‘‘Federal Payment to the District 

23 of Colombia Courts’’ for District of Columbia courthouse 

24 facilities. 
48 

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1 FEDERAL PAYMENT TO THE COURT SERVICES AND OF2 FENDER SUPERVISION AGENCY FOR THE DISTRICT

3 OF COLUMBIA

4 For salaries and expenses, including the transfer and 

5 hire of motor vehicles, of the Court Services and Offender 

6 Supervision Agency for the District of Columbia, as au7 thorized by the National Capital Revitalization and Self8 Government Improvement Act of 1997, $212,983,000, of 

9 which not to exceed $2,000 is for official reception and 

10 representation expenses related to Community Supervision 

11 and Pretrial Services Agency programs; of which not to 

12 exceed $25,000 is for dues and assessments relating to 

13 the implementation of the Court Services and Offender 

14 Supervision Agency Interstate Supervision Act of 2002; 

15 of which $1,000,000 shall remain available until Sep16 tember 30, 2014 for relocation of the Pretrial Services 

17 Agency drug testing laboratory; of which $153,548,000 

18 shall be for necessary expenses of Community Supervision 

19 and Sex Offender Registration, to include expenses relat20 ing to the supervision of adults subject to protection or21 ders or the provision of services for or related to such per22 sons; of which $59,435,000 shall be available to the Pre23 trial Services Agency: Provided, That notwithstanding any 

24 other provision of law, all amounts under this heading 

25 shall be apportioned quarterly by the Office of Manage-
49 

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1 ment and Budget and obligated and expended in the same 

2 manner as funds appropriated for salaries and expenses 

3 of other Federal agencies: Provided further, That not less 

4 than $1,500,000 shall be available for re-entrant housing 

5 in the District of Columbia: Provided further, That the Di6 rector is authorized to accept and use gifts in the form 

7 of in-kind contributions of space and hospitality to support 

8 offender and defendant programs, and equipment and vo9 cational training services to educate and train offenders 

10 and defendants: Provided further, That the Director shall 

11 keep accurate and detailed records of the acceptance and 

12 use of any gift or donation under the previous proviso, 

13 and shall make such records available for audit and public 

14 inspection: Provided further, That the Court Services and 

15 Offender Supervision Agency Director is authorized to ac16 cept and use reimbursement from the District of Columbia 

17 Government for space and services provided on a cost re18 imbursable basis. 

19 FEDERAL PAYMENT TO THE PUBLIC DEFENDER SERVICE

20 FOR THE DISTRICT OF COLUMBIA

21 For salaries and expenses, including the transfer and 

22 hire of motor vehicles, of the District of Columbia Public 

23 Defender Service, as authorized by the National Capital 

24 Revitalization and Self-Government Improvement Act of 

25 1997, $37,241,000: Provided, That notwithstanding any 
50 

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1 other provision of law, all amounts under this heading 

2 shall be apportioned quarterly by the Office of Manage3 ment and Budget and obligated and expended in the same 

4 manner as funds appropriated for salaries and expenses 

5 of Federal agencies. 

6 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

7 WATER AND SEWER AUTHORITY

8 For a Federal payment to the District of Columbia 

9 Water and Sewer Authority, $15,000,000, to remain avail10 able until expended, to continue implementation of the 

11 Combined Sewer Overflow Long-Term Plan: Provided, 

12 That the District of Columbia Water and Sewer Authority 

13 provides a 100 percent match for this payment. 

14 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

15 COORDINATING COUNCIL

16 For a Federal payment to the Criminal Justice Co17 ordinating Council, $1,800,000, to remain available until 

18 expended, to support initiatives related to the coordination 

19 of Federal and local criminal justice resources in the Dis20 trict of Columbia. 

21 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

22 For a Federal payment, to remain available until 

23 September 30, 2013, to the Commission on Judicial Dis24 abilities and Tenure, $295,000, and for the Judicial Nomi25 nation Commission, $205,000. 
51 

•S 1573 PCS

1 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

2 For a Federal payment for a school improvement pro3 gram in the District of Columbia, $60,000,000, to be allo4 cated as follows: for the District of Columbia Public 

5 Schools, $20,000,000 to improve public school education 

6 in the District of Columbia, to remain available until ex7 pended; for the State Education Office, $20,000,000 to 

8 expand quality public charter schools in the District of Co9 lumbia, to remain available until expended; and for the 

10 Secretary of the Department of Education, $20,000,000 

11 to provide opportunity scholarships for students in the 

12 District of Columbia in accordance with the Scholarships 

13 for Opportunity and Results Act (Public Law 112–10, di14 vision C, 125 Stat. 199), to remain available until ex15 pended. 

16 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA

17 NATIONAL GUARD

18 For a Federal payment to the District of Columbia 

19 National Guard, $375,000, to remain available until ex20 pended for the Major General David F. Wherley, Jr. Dis21 trict of Columbia National Guard Retention and College 

22 Access Program. 

23 DISTRICT OF COLUMBIA FUNDS

24 The following amounts are appropriated for the Dis25 trict of Columbia for the current fiscal year out of the 
52 

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1 General Fund of the District of Columbia (‘‘General 

2 Fund’’), except as otherwise specifically provided: Pro3 vided, That notwithstanding any other provision of law, 

4 except as provided in section 450A of the District of Co5 lumbia Home Rule Act, (114 Stat. 2440; D.C. Official 

6 Code, section 1–204.50a) and provisions of this Act, the 

7 total amount appropriated in this Act for operating ex8 penses for the District of Columbia for fiscal year 2012 

9 under this heading shall not exceed the lesser of the sum 

10 of the total revenues of the District of Columbia for such 

11 fiscal year or $10,911,966,000 (of which $6,208,646,000 

12 shall be from local funds, (including $526,594,000 from 

13 dedicated taxes), $1,015,449,000 shall be from Federal 

14 grant funds, $1,499,115,000 from Medicaid payments, 

15 $2,040,504,000 shall be from other funds, and 

16 $25,677,000 shall be from private funds, and 

17 $122,575,000 shall be from funds previously appropriated 

18 in this Act as Federal payments: Provided further, That 

19 of the local funds, such amounts as may be necessary may 

20 be derived from the District’s General Fund balance: Pro21 vided further, That of these funds the District’s intra-Dis22 trict authority shall be $619,632,000: in addition, for cap23 ital construction projects, an increase of $4,024,828,000, 

24 of which $2,934,012,000 shall be from local funds, 

25 $223,858,000 from the District of Columbia Highway 
53 

•S 1573 PCS

1 Trust Fund, $50,466,000 from the Local Transportation 

2 Fund, $816,492,000 from Federal grant funds, and a re3 scission of $2,835,689,000 of which $1,796,345,000 shall 

4 be from local funds, $749,426,000 from Federal grant 

5 funds, $252,694,000 from the District of Columbia High6 way Trust Fund, and $37,224,000 from the Local Trans7 portation Fund appropriated under this heading in prior 

8 fiscal years, for a net amount of $1,189,139,000, to re9 main available until expended: Provided further, That the 

10 amounts provided under this heading are to be available, 

11 allocated, and expended as proposed under title III of the 

12 Fiscal Year 2012 Budget Request Act of 2011, at the rate 

13 set forth under ‘‘District of Columbia Funds Division of 

14 Expenses’’ as included in the of the Fiscal Year 2012 Pro15 posed Budget and Financial Plan submitted to the Con16 gress by the District of Columbia: Provided further, That 

17 this amount may be increased by proceeds of one-time 

18 transactions, which are expended for emergency or unan19 ticipated operating or capital needs: Provided further, 

20 That such increases shall be approved by enactment of 

21 local District law and shall comply with all reserve require22 ments contained in the District of Columbia Home Rule 

23 Act: Provided further, That the Chief Financial Officer of 

24 the District of Columbia shall take such steps as are nec25 essary to assure that the District of Columbia meets these 
54 

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1 requirements, including the apportioning by the Chief Fi2 nancial Officer of the appropriations and funds made 

3 available to the District during fiscal year 2012, except 

4 that the Chief Financial Officer may not reprogram for 

5 operating expenses any funds derived from bonds, notes, 

6 or other obligations issued for capital projects. 

7 This title may be cited as the ‘‘District of Columbia 

8 Appropriations Act, 2012’’. 

9 TITLE V 

10 INDEPENDENT AGENCIES 

11 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

12 SALARIES AND EXPENSES

13 For necessary expenses of the Administrative Con14 ference of the United States, authorized by 5 U.S.C. 591 

15 et seq., $2,900,000, to remain available until September 

16 30, 2013, of which not to exceed $1,000,000 is for official 

17 reception and representation expenses. 

18 CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION

19 SALARIES AND EXPENSES

20 For payment to the Christopher Columbus Fellow21 ship Foundation, established by section 423 of Public Law 

22 102–281, $450,000, to remain available until expended. 

23 COMMODITY FUTURES TRADING COMMISSION

24 For necessary expenses to carry out the provisions 

25 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in-
55 

•S 1573 PCS

1 cluding the purchase and hire of passenger motor vehicles, 

2 and the rental of space (to include multiple year leases) 

3 in the District of Columbia and elsewhere, $240,000,000, 

4 to remain available until September 30, 2013, including 

5 not to exceed $3,000 for official reception and representa6 tion expenses, and not to exceed $25,000 for the expenses 

7 for consultations and meetings hosted by the Commission 

8 with foreign governmental and other regulatory officials, 

9 and of which $66,000,000 shall remain available for infor10 mation technology investments until September 30, 2014. 

11 CONSUMER PRODUCT SAFETY COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Consumer Product 

14 Safety Commission, including hire of passenger motor ve15 hicles, services as authorized by 5 U.S.C. 3109, but at 

16 rates for individuals not to exceed the per diem rate equiv17 alent to the maximum rate payable under 5 U.S.C. 5376, 

18 purchase of nominal awards to recognize non-Federal offi19 cials’ contributions to Commission activities, and not to 

20 exceed $4,000 for official reception and representation ex21 penses, $114,500,000. 
56 

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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 de9 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) The Consumer Product Safety Act (15 

15 U.S.C. 2051 et seq.) is amended by inserting after section 

16 17 the following: 

17 ‘‘SEC. 17A. SERVICE OF PROCESS. 

18 ‘‘(a) DESIGNATING AGENTS.— 

19 ‘‘(1) IN GENERAL.—The Commission may re20 quire a manufacturer, or class of manufacturers, of21 fering a consumer product for import to designate 

22 an agent in the United States on whom service of 

23 notices and process in administrative and judicial 

24 proceedings may be made. 
57 

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1 ‘‘(2) FILING.—The designation shall be in writ2 ing and filed with the Commission. 

3 ‘‘(3) MODIFICATION.—The designation may be 

4 changed in the same way originally made. 

5 ‘‘(b) SERVICE.— 

6 ‘‘(1) PLACE OF SERVICE.—An agent may be 

7 served at the agent’s office or usual place of resi8 dence. 

9 ‘‘(2) SERVICE ON AGENT IS SERVICE ON MANU10 FACTURER.—Service on the agent is deemed to be 

11 service on the manufacturer. 

12 ‘‘(3) NO DESIGNATED AGENT.—If a manufac13 turer does not designate an agent, service may be 

14 made by posting the notice or process in the office 

15 of the Commission.’’. 

16 (b) The table of contents in section 1 of such Act 

17 is amended by inserting after the item relating to section 

18 17 the following: 

‘‘17A. Service of process.’’. 

19 SEC. 503. (a) Not later than 1 year after the date 

20 of the enactment of this Act, the Consumer Product Safe21 ty Commission shall promulgate, as a final consumer prod22 uct safety standard under section 7(a) of the Consumer 

23 Product Safety Act (15 U.S.C. 2056(a))— 

24 (1) a standard requiring button cell battery 

25 compartments of battery-operated or assisted con-
58 

•S 1573 PCS

1 sumer products to be secured, to the greatest extent 

2 practicable, in a manner that reduces access to but3 ton cell batteries by children that are 3 years of age 

4 or younger; and 

5 (2) standards requiring warning labels— 

6 (A) to be included in any literature that 

7 accompanies a battery-operated or assisted con8 sumer product, such as a user manual; 

9 (B) to be included on packaging for button 

10 cell batteries sold to consumers; and 

11 (C) to be included, as practicable, directly 

12 on a battery-operated or assisted consumer 

13 product in a manner that is visible to the con14 sumer upon installation or replacement of the 

15 button cell battery. 

16 (b) Warning labels required under subsection (a) 

17 shall— 

18 (1) clearly identify the hazard of ingestion; and 

19 (2) instruct consumers, as practicable, to keep 

20 new and used batteries out of the reach of children 

21 and to seek immediate medical attention if a battery 

22 is ingested. 

23 (c)(1) The standards required by subsection (a) shall 

24 be promulgated in accordance with section 553 of title 5, 

25 United States Code. 
59 

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1 (2) The requirements of subsections (a) through (f) 

2 and (g)(1) of section 9 of the Consumer Product Safety 

3 Act (15 U.S.C. 2058) shall not apply to the promulgation 

4 of the standards required by subsection (a) of this section. 

5 (d) Each final consumer product safety standard re6 quired by subsection (a) shall apply to battery-operated 

7 or assisted consumer products manufactured on or after 

8 the date that is 1 year after the date on which the Com9 mission promulgates the standard. 

10 SEC. 504. Not later than 1 year after the date of 

11 the enactment of this Act, the Comptroller General of the 

12 United States shall conduct an analysis of the potential 

13 safety risks associated with new and emerging consumer 

14 products, including chemicals and other materials used in 

15 their manufacture, taking into account the ability and au16 thority of the Consumer Product Safety Commission— 

17 (1) to identify, assess, and address such risks 

18 in a timely manner; and 

19 (2) to keep abreast of the effects of new and 

20 emerging consumer products on public health and 

21 safety. 

22 SEC. 505. Not later than 150 days after the date of 

23 the enactment of this Act, the Comptroller General of the 

24 United States shall conduct an analysis of— 
60 

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1 (1) the extent to which manufacturers comply 

2 with voluntary industry standards for consumer 

3 products, particularly with respect to inexpensive, 

4 imported products; 

5 (2) whether there are consequences for such 

6 manufacturers for failing to comply with such stand7 ards; 

8 (3) whether the Consumer Product Safety Com9 mission has the authority and the ability to require 

10 compliance with such standards; and 

11 (4) whether there are patterns of non-compli12 ance with such standards among certain types of 

13 products or certain types of manufacturers. 

14 SEC. 505. Not later than 540 days after the date of 

15 the enactment of this Act, the Consumer Product Safety 

16 Commission shall— 

17 (1) in consultation with representatives of con18 sumer groups, window blind manufacturers, and 

19 independent engineers and experts, examine and as20 sess the effectiveness of the ANSI/WCMA A100.1– 

21 2010 safety standard, as in effect on the day before 

22 the date of the enactment of this Act; and 

23 (2) if the Commission determines that a more 

24 stringent standard for window coverings, or revised 

25 version of the standard described in paragraph (1), 
61 

•S 1573 PCS

1 would eliminate the strangulation risk posed by 

2 corded window coverings, promulgate, in accordance 

3 with section 553 of title 5, United States Code, a 

4 window covering safety standard that is more strin5 gent than the standard described in paragraph (1). 

6 ELECTION ASSISTANCE COMMISSION

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses to carry out the Help Amer10 ica Vote Act of 2002 (Public Law 107–252), $14,750,000, 

11 of which $3,250,000 shall be transferred to the National 

12 Institute of Standards and Technology for election reform 

13 activities authorized under the Help America Vote Act of 

14 2002. 

15 FEDERAL COMMUNICATIONS COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Communica18 tions Commission, as authorized by law, including uni19 forms and allowances therefor, as authorized by 5 U.S.C. 

20 5901–5902; not to exceed $4,000 for official reception and 

21 representation expenses; purchase and hire of motor vehi22 cles; special counsel fees; and services as authorized by 

23 5 U.S.C. 3109, $354,181,000: Provided, That 

24 $354,181,000 of offsetting collections shall be assessed 

25 and collected pursuant to section 9 of title I of the Com-
62 

•S 1573 PCS

1 munications Act of 1934, shall be retained and used for 

2 necessary expenses in this appropriation, and shall remain 

3 available until expended: Provided further, That the sum 

4 herein appropriated shall be reduced as such offsetting 

5 collections are received during fiscal year 2012 so as to 

6 result in a final fiscal year 2012 appropriation estimated 

7 at $0: Provided further, That any offsetting collections re8 ceived in excess of $354,181,000 in fiscal year 2012 shall 

9 not be available for obligation: Provided further, That re10 maining offsetting collections from prior years collected in 

11 excess of the amount specified for collection in each such 

12 year and otherwise becoming available on October 1, 2011, 

13 shall not be available for obligation: Provided further, That 

14 notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from 

15 the use of a competitive bidding system that may be re16 tained and made available for obligation shall not exceed 

17 $85,000,000 for fiscal year 2012: Provided further, That 

18 of the amount appropriated under this heading, not less 

19 than $11,721,000 shall be for the salaries and expenses 

20 of the Office of Inspector General. 

21 ADMINISTRATIVE PROVISIONS—FEDERAL

22 COMMUNICATIONS COMMISSION

23 SEC. 510. Section 302 of the Universal Service 

24 Antideficiency Temporary Suspension Act is amended by 
63 

•S 1573 PCS

1 striking ‘‘December 31, 2011’’, each place it appears and 

2 inserting ‘‘December 31, 2013’’. 

3 SEC. 511. None of the funds appropriated by this Act 

4 may be used by the Federal Communications Commission 

5 to modify, amend, or change its rules or regulations for 

6 universal service support payments to implement the Feb7 ruary 27, 2004 recommendations of the Federal-State 

8 Joint Board on Universal Service regarding single connec9 tion or primary line restrictions on universal service sup10 port payments. 

11 FEDERAL DEPOSIT INSURANCE CORPORATION

12 OFFICE OF THE INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General in carrying out the provisions of the Inspector 

15 General Act of 1978, $45,261,000, to be derived from the 

16 Deposit Insurance Fund or, only when appropriate, the 

17 FSLIC Resolution Fund. 

18 FEDERAL ELECTION COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses to carry out the provisions 

21 of the Federal Election Campaign Act of 1971, 

22 $66,367,000, of which not to exceed $5,000 shall be avail23 able for reception and representation expenses. 
64 

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1 FEDERAL LABOR RELATIONS AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out functions of the 

4 Federal Labor Relations Authority, pursuant to Reorga5 nization Plan Numbered 2 of 1978, and the Civil Service 

6 Reform Act of 1978, including services authorized by 5 

7 U.S.C. 3109, and including hire of experts and consult8 ants, hire of passenger motor vehicles, and rental of con9 ference rooms in the District of Columbia and elsewhere, 

10 $24,723,000: Provided, That public members of the Fed11 eral Service Impasses Panel may be paid travel expenses 

12 and per diem in lieu of subsistence as authorized by law 

13 (5 U.S.C. 5703) for persons employed intermittently in 

14 the Government service, and compensation as authorized 

15 by 5 U.S.C. 3109: Provided further, That notwithstanding 

16 31 U.S.C. 3302, funds received from fees charged to non17 Federal participants at labor-management relations con18 ferences shall be credited to and merged with this account, 

19 to be available without further appropriation for the costs 

20 of carrying out these conferences. 

21 FEDERAL TRADE COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Trade Com24 mission, including uniforms or allowances therefor, as au25 thorized by 5 U.S.C. 5901–5902; services as authorized 
65 

•S 1573 PCS

1 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 

2 not to exceed $2,000 for official reception and representa3 tion expenses, $311,563,000, to remain available until ex4 pended: Provided, That not to exceed $300,000 shall be 

5 available for use to contract with a person or persons for 

6 collection services in accordance with the terms of 31 

7 U.S.C. 3718: Provided further, That, notwithstanding any 

8 other provision of law, not to exceed $149,000,000 of off9 setting collections derived from fees collected for 

10 premerger notification filings under the Hart-Scott-Ro11 dino Antitrust Improvements Act of 1976 (15 U.S.C. 

12 18a), regardless of the year of collection, shall be retained 

13 and used for necessary expenses in this appropriation: 

14 Provided further, That, notwithstanding any other provi15 sion of law, not to exceed $21,000,000 in offsetting collec16 tions derived from fees sufficient to implement and enforce 

17 the Telemarketing Sales Rule, promulgated under the 

18 Telemarketing and Consumer Fraud and Abuse Preven19 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 

20 account, and be retained and used for necessary expenses 

21 in this appropriation: Provided further, That the sum here22 in appropriated from the general fund shall be reduced 

23 as such offsetting collections are received during fiscal 

24 year 2012, so as to result in a final fiscal year 2012 appro25 priation from the general fund estimated at not more than 
66 

•S 1573 PCS

1 $141,563,000: Provided further, That none of the funds 

2 made available to the Federal Trade Commission may be 

3 used to implement subsection (e)(2)(B) of section 43 of 

4 the Federal Deposit Insurance Act (12 U.S.C. 1831t). 

5 GENERAL SERVICES ADMINISTRATION

6 REAL PROPERTY ACTIVITIES

7 FEDERAL BUILDINGS FUND

8 LIMITATIONS ON AVAILABILITY OF REVENUE

9 Amounts in the Fund, including revenues and collec10 tions deposited into the Fund shall be available for nec11 essary expenses of real property management and related 

12 activities not otherwise provided for, including operation, 

13 maintenance, and protection of federally owned and leased 

14 buildings; rental of buildings in the District of Columbia; 

15 restoration of leased premises; moving governmental agen16 cies (including space adjustments and telecommunications 

17 relocation expenses) in connection with the assignment, al18 location and transfer of space; contractual services inci19 dent to cleaning or servicing buildings, and moving; repair 

20 and alteration of federally owned buildings including 

21 grounds, approaches and appurtenances; care and safe22 guarding of sites; maintenance, preservation, demolition, 

23 and equipment; acquisition of buildings and sites by pur24 chase, condemnation, or as otherwise authorized by law; 

25 acquisition of options to purchase buildings and sites; con-
67 

•S 1573 PCS

1 version and extension of federally owned buildings; pre2 liminary planning and design of projects by contract or 

3 otherwise; construction of new buildings (including equip4 ment for such buildings); and payment of principal, inter5 est, and any other obligations for public buildings acquired 

6 by installment purchase and purchase contract; in the ag7 gregate amount of $8,144,967,000, of which: (1) 

8 $65,000,000 shall remain available until expended for con9 struction and acquisition (including funds for sites and ex10 penses, and associated design and construction services): 

11 Provided, That the General Services Administration shall 

12 submit a detailed plan, by project, regarding the use of 

13 funds to the Committees on Appropriations of the House 

14 of Representatives and the Senate within 30 days of enact15 ment of this section and will provide notification to the 

16 Committees within 15 days prior to any changes regarding 

17 the use of these funds; (2) $280,000,000, including 

18 $20,000,000 for a Judicial Capital Security program, to 

19 remain available until expended for repairs and alter20 ations, which includes associated design and construction 

21 services: Provided further, That funds made available in 

22 this or any previous Act in the Federal Buildings Fund 

23 for Repairs and Alterations shall, for prospectus projects, 

24 be limited to the amount identified for each project, except 

25 each project in this or any previous Act may be increased 
68 

•S 1573 PCS

1 by an amount not to exceed 10 percent unless advance 

2 approval is obtained from the Committees on Appropria3 tions of a greater amount: Provided further, That addi4 tional projects for which prospectuses have been fully ap5 proved may be funded under this category only if advance 

6 approval is obtained from the Committees on Appropria7 tions: Provided further, That the amounts provided in this 

8 or any prior Act for ‘‘Repairs and Alterations’’ may be 

9 used to fund costs associated with implementing security 

10 improvements to buildings necessary to meet the minimum 

11 standards for security in accordance with current law and 

12 in compliance with the reprogramming guidelines of the 

13 appropriate Committees of the House and Senate: Pro14 vided further, That the difference between the funds ap15 propriated and expended on any projects in this or any 

16 prior Act, under the heading ‘‘Repairs and Alterations’’, 

17 may be transferred to Basic Repairs and Alterations or 

18 used to fund authorized increases in prospectus projects: 

19 Provided further, That all funds for repairs and alterations 

20 prospectus projects shall expire on September 30, 2013 

21 and remain in the Federal Buildings Fund except funds 

22 for projects as to which funds for design or other funds 

23 have been obligated in whole or in part prior to such date: 

24 Provided further, That the amount provided in this or any 

25 prior Act for Basic Repairs and Alterations may be used 
69 

•S 1573 PCS

1 to pay claims against the Government arising from any 

2 projects under the heading ‘‘Repairs and Alterations’’ or 

3 used to fund authorized increases in prospectus projects; 

4 (3) $126,801,000 for installment acquisition payments in5 cluding payments on purchase contracts which shall re6 main available until expended; (4) $5,285,198,000 for 

7 rental of space which shall remain available until ex8 pended; and (5) $2,387,968,000 for building operations 

9 which shall remain available until expended: Provided fur10 ther, That funds available to the General Services Admin11 istration shall not be available for expenses of any con12 struction, repair, alteration and acquisition project for 

13 which a prospectus, if required by 40 U.S.C. 3307(a), has 

14 not been approved, except that necessary funds may be 

15 expended for each project for required expenses for the 

16 development of a proposed prospectus: Provided further, 

17 That funds available in the Federal Buildings Fund may 

18 be expended for emergency repairs when advance approval 

19 is obtained from the Committees on Appropriations: Pro20 vided further, That amounts necessary to provide reim21 bursable special services to other agencies under 40 U.S.C. 

22 592(b)(2) and amounts to provide such reimbursable fenc23 ing, lighting, guard booths, and other facilities on private 

24 or other property not in Government ownership or control 

25 as may be appropriate to enable the United States Secret 
70 

•S 1573 PCS

1 Service to perform its protective functions pursuant to 18 

2 U.S.C. 3056, shall be available from such revenues and 

3 collections: Provided further, That revenues and collections 

4 and any other sums accruing to this Fund during fiscal 

5 year 2012, excluding reimbursements under 40 U.S.C. 

6 592(b)(2) in excess of the aggregate new obligational au7 thority authorized for Real Property Activities of the Fed8 eral Buildings Fund in this Act shall remain in the Fund 

9 and shall not be available for expenditure except as au10 thorized in appropriations Acts. 

11 GENERAL ACTIVITIES

12 GOVERNMENT-WIDE POLICY

13 For expenses authorized by law, not otherwise pro14 vided for, for Government-wide policy and evaluation ac15 tivities associated with the management of real and per16 sonal property assets and certain administrative services; 

17 Government-wide policy support responsibilities relating to 

18 acquisition, telecommunications, information technology 

19 management, and related technology activities; services as 

20 authorized by 5 U.S.C. 3109; and the Office of High Per21 formance Green Buildings; $61,750,000. 

22 OPERATING EXPENSES

23 For expenses authorized by law, not otherwise pro24 vided for, for Government-wide activities associated with 

25 utilization and donation of surplus personal property; dis-
71 

•S 1573 PCS

1 posal of real property; agency-wide policy direction, man2 agement, and communications; the Civilian Board of Con3 tract Appeals; services as authorized by 5 U.S.C. 3109; 

4 and not to exceed $7,500 for official reception and rep5 resentation expenses; $70,000,000. 

6 OFFICE OF INSPECTOR GENERAL

7 For necessary expenses of the Office of Inspector 

8 General and service authorized by 5 U.S.C. 3109, 

9 $58,000,000: Provided, That not to exceed $15,000 shall 

10 be available for payment for information and detection of 

11 fraud against the Government, including payment for re12 covery of stolen Government property: Provided further, 

13 That not to exceed $2,500 shall be available for awards 

14 to employees of other Federal agencies and private citizens 

15 in recognition of efforts and initiatives resulting in en16 hanced Office of Inspector General effectiveness. 

17 INFORMATION AND ENGAGEMENT FOR CITIZENS

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses of the Office of Citizen Serv20 ices and Innovative Technologies, including services au21 thorized by 5 U.S.C. 3109, and for the necessary expenses 

22 in support of interagency projects that enable the Federal 

23 Government to conduct activities electronically, through 

24 the development and implementation of innovative uses of 

25 information technology, $39,084,000 to be deposited to 
72 

•S 1573 PCS

1 the Federal Citizen Services Fund and that these funds 

2 may be transferred to Federal agencies to carry out the 

3 purpose of the fund and this transfer authority shall be 

4 in addition to any other transfer authority provided in the 

5 Act: Provided, That the appropriations, revenues, 

6 reimburseables, and collections deposited into the Federal 

7 Citizen Services Fund shall only be available for necessary 

8 expenses of Federal Citizen Services and other informa9 tion activities in the aggregate amount not to exceed 

10 $90,000,000: Provided further, That revenues and collec11 tions accruing to the Fund during fiscal year 2012 in ex12 cess of such amount shall remain available in the Fund 

13 without regard to fiscal year and shall not be available 

14 for expenditure except as authorized in appropriations 

15 acts. 

16 ALLOWANCES AND OFFICE STAFF FOR FORMER

17 PRESIDENTS

18 For carrying out the provisions of the Act of August 

19 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 

20 $3,671,000. 
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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 

10 only to the extent necessary to meet program require11 ments: Provided, That any proposed transfers shall be ap12 proved in advance by 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 Con20 ference of the United States, and the Office of Manage21 ment and Budget; (2) reflects the priorities of the 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 con25 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 Build5 ings Fund, to any agency that does not pay the rate per 

6 square foot assessment for space and services as deter7 mined by the General Services Administration in compli8 ance with 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 Avail12 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 sav15 ings effected in other construction projects with prior noti16 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 Rep20 resentatives and the Committee on Environment and Pub21 lic Works of the Senate adopt a resolution granting lease 

22 authority pursuant to a prospectus transmitted to Con23 gress by the Administrator of the General Services Admin24 istration under 40 U.S.C. 3307, the Administrator shall 

25 ensure that the delineated area of procurement is identical 
75 

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1 to the delineated area included in the prospectus for all 

2 lease agreements, except that, if the Administrator deter3 mines that the delineated area of the procurement should 

4 not be identical to the delineated area included in the pro5 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. (a) The Administrator of General Services 

17 (Administrator), through a deed of release or other appro18 priate instrument, may release to the city of Tracy, Cali19 fornia (the City) the reversionary interests retained by the 

20 United States, and all other terms, conditions, reserva21 tions, and restrictions imposed, in connection with the con22 veyance of the 200 acres conveyed pursuant to Public Law 

23 105–277 section 140, as amended by Public Law 106– 

24 31 section 3034 and Public Law 108–199 section 411. 

25 The exact acreage and legal description of the parcel to 
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1 be released under subsection (a) shall be determined by 

2 a survey that is satisfactory to the Administrator. 

3 (b) As consideration for such release authorized 

4 under subsection (a), the City shall pay to the Adminis5 trator an amount not less than the property’s appraised 

6 Fair Market Value as determined by the Administrator. 

7 The determination of the Administrator is final. The Ad8 ministrator shall determine the property’s Fair Market 

9 Value through an appraisal conducted by a licensed, inde10 pendent appraiser. The appraisal shall be based on the 

11 property’s highest and best use. 

12 (c) As soon as practicable, but not more than 180 

13 days after enactment of this Act, the City shall enter into 

14 a binding agreement with the Administrator for the con15 veyance described in subsection (a) of this section. The 

16 net proceeds from sale shall be deposited into the Federal 

17 Buildings Fund established under section 592 of title 40 

18 of the United States Code. 

19 (d) The City shall be responsible for reimbursing the 

20 Administrator for the costs associated with implementing 

21 this section, including the costs of appraisal and survey. 

22 The Administrator may require such additional terms and 

23 conditions in connection with the release under subsection 

24 (a) as the Administrator considers appropriate to protect 

25 the interests of the United States. 
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1 SEC. 528. Of the amounts made available under the 

2 heading ‘‘Policy and Operations’’ for the maintenance, 

3 protection, and disposal of the U.S. Coast Guard Service 

4 Center at Governor’s Island, New York and the Lorton 

5 Correctional Facility in Lorton, Virginia in prior years 

6 whether approporated directly to the General Services Ad7 ministration (GSA) or to any other agency of the Govern8 ment and received by GSA for such purpose, $4,600,000 

9 are rescinded. 

10 SEC. 529. Within 120 days of enactment, the General 

11 Services Administration shall submit a detailed report to 

12 the Committees on Appropriations of the House of Rep13 resentatives and the Senate that describes each program, 

14 project, or activity that is funded by appropriations to 

15 General Services Administration but is not under the con16 trol or direction, in statute or in practice, of the Adminis17 trator of General Services. 

18 HARRY S TRUMAN SCHOLARSHIP FOUNDATION

19 SALARIES AND EXPENSES

20 For payment to the Harry S Truman Scholarship 

21 Foundation Trust Fund, established by section 10 of Pub22 lic Law 93–642, $700,000, to remain available until ex23 pended. 
78 

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1 MERIT SYSTEMS PROTECTION BOARD

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to carry out functions of the 

5 Merit Systems Protection Board pursuant to Reorganiza6 tion Plan Numbered 2 of 1978, the Civil Service Reform 

7 Act of 1978, and the Whistleblower Protection Act of 

8 1989 (5 U.S.C. 5509 note), including services as author9 ized by 5 U.S.C. 3109, rental of conference rooms in the 

10 District of Columbia and elsewhere, hire of passenger 

11 motor vehicles, direct procurement of survey printing, and 

12 not to exceed $2,000 for official reception and representa13 tion expenses, $40,258,000 together with not to exceed 

14 $2,345,000 for administrative expenses to adjudicate re15 tirement appeals to be transferred from the Civil Service 

16 Retirement and Disability Fund in amounts determined 

17 by the Merit Systems Protection Board. 

18 MORRIS K. UDALL AND STEWART L. UDALL

19 FOUNDATION

20 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For payment to the Morris K. Udall and Stewart L. 

23 Udall Trust Fund, pursuant to the Morris K. Udall and 

24 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et 

25 seq.), $2,200,000, to remain available until expended, of 
79 

•S 1573 PCS

1 which up to $50,000 shall be used to conduct financial 

2 audits pursuant to the Accountability of Tax Dollars Act 

3 of 2002 (Public Law 107–289) notwithstanding sections 

4 8 and 9 of Public Law 102–259: Provided, That up to 

5 60 percent of such funds may be transferred by the Morris 

6 K. Udall and Stewart L. Udall Foundation for the nec7 essary expenses of the Native Nations Institute. 

8 ENVIRONMENTAL DISPUTE RESOLUTION FUND

9 For payment to the Environmental Dispute Resolu10 tion Fund to carry out activities authorized in the Envi11 ronmental Policy and Conflict Resolution Act of 1998, 

12 $3,792,000, to remain available until expended. 

13 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

14 OPERATING EXPENSES

15 For necessary expenses in connection with the admin16 istration of the National Archives and Records Adminis17 tration (including the Information Security Oversight Of18 fice) and archived Federal records and related activities, 

19 as provided by law, and for expenses necessary for the re20 view and declassification of documents and the activities 

21 of the Public Interest Declassification Board, and for nec22 essary expenses in connection with the operations and 

23 maintenance of the electronic records archives to include 

24 all direct project costs associated with research, program 

25 management, and corrective and adaptive software main-
80 

•S 1573 PCS

1 tenance, and for the hire of passenger motor vehicles, and 

2 for uniforms or allowances therefor, as authorized by law 

3 (5 U.S.C. 5901 et seq.), including maintenance, repairs, 

4 and cleaning, $378,845,000: Provided, That all remaining 

5 balances appropriated in prior fiscal years under the head6 ing ‘‘Electronic Records Archives’’ shall be transferred to 

7 this account. 

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Reform Act of 2008, Public Law 110–409, 122 

12 Stat. 4302–16 (2008), and the Inspector General Act of 

13 1978 (5 U.S.C. App.), and for the hire of passenger motor 

14 vehicles, $4,100,000. 

15 REPAIRS AND RESTORATION

16 For the repair, alteration, and improvement of ar17 chives facilities, and to provide adequate storage for hold18 ings, $9,659,000, to remain available until expended: Pro19 vided, That from amounts made available for the Military 

20 Personnel Records Center requirement study under this 

21 heading in Public Law 108–199, the remaining unobli22 gated balances shall be available to implement the Na23 tional Archives and Records Administration Capital Im24 provement Plan: Provided further, That from amounts 

25 made available under this heading in Public Law 111–8 
81 

•S 1573 PCS

1 for construction costs and related services for building the 

2 addition to the John F. Kennedy Presidential Library and 

3 Museum and other necessary expenses, including ren4 ovating the Library as needed in constructing the addi5 tion, the remaining unobligated balances shall be available 

6 to implement the National Archives and Records Adminis7 tration Capital Improvement Plan. 

8 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

9 COMMISSION

10 GRANTS PROGRAM

11 For necessary expenses for allocations and grants for 

12 historical publications and records as authorized by 44 

13 U.S.C. 2504, $5,000,000, to remain available until ex14 pended. 

15 NATIONAL CREDIT UNION ADMINISTRATION

16 CENTRAL LIQUIDITY FACILITY

17 During fiscal year 2012, gross obligations of the Cen18 tral Liquidity Facility for the principal amount of new di19 rect loans to member credit unions, as authorized by 12 

20 U.S.C. 1795 et seq., shall be the amount authorized by 

21 section 307(a)(4)(A) of the Federal Credit Union Act (12 

22 U.S.C. 1795f(a)(4)(A)): Provided, That administrative ex23 penses of the Central Liquidity Facility in fiscal year 2012 

24 shall not exceed $1,250,000. 
82 

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1 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

2 For the Community Development Revolving Loan 

3 Fund program as authorized by 42 U.S.C. 9812, 9822 

4 and 9910, $1,247,000 shall be available until September 

5 30, 2013 for technical assistance to low-income designated 

6 credit unions. 

7 OFFICE OF GOVERNMENT ETHICS

8 SALARIES AND EXPENSES

9 For necessary expenses to carry out functions of the 

10 Office of Government Ethics pursuant to the Ethics in 

11 Government Act of 1978, and the Ethics Reform Act of 

12 1989, including services as authorized by 5 U.S.C. 3109, 

13 rental of conference rooms in the District of Columbia and 

14 elsewhere, hire of passenger motor vehicles, and not to ex15 ceed $1,500 for official reception and representation ex16 penses, $13,664,000. 

17 OFFICE OF PERSONNEL MANAGEMENT

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF TRUST FUNDS)

20 For necessary expenses to carry out functions of the 

21 Office of Personnel Management [OPM] pursuant to Re22 organization Plan Numbered 2 of 1978 and the Civil Serv23 ice Reform Act of 1978, including services as authorized 

24 by 5 U.S.C. 3109; medical examinations performed for 

25 veterans by private physicians on a fee basis; rental of con-
83 

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1 ference rooms in the District of Columbia and elsewhere; 

2 hire of passenger motor vehicles; not to exceed $2,500 for 

3 official reception and representation expenses; advances 

4 for reimbursements to applicable funds of OPM and the 

5 Federal Bureau of Investigation for expenses incurred 

6 under Executive Order No. 10422 of January 9, 1953, 

7 as amended; and payment of per diem and/or subsistence 

8 allowances to employees where Voting Rights Act activities 

9 require an employee to remain overnight at his or her post 

10 of duty, $97,774,000, of which $6,004,000 shall remain 

11 available until expended for the Enterprise Human Re12 sources Integration project, of which $642,000 may be for 

13 strengthening the capacity and capabilities of the acquisi14 tion workforce (as defined by the Office of Federal Pro15 curement Policy Act, as amended (41 U.S.C. 4001 et 

16 seq.)), including the recruitment, hiring, training, and re17 tention of such workforce and information technology in 

18 support of acquisition workforce effectiveness or for man19 agement solutions to improve acquisition management, 

20 $1,416,000 shall remain available until expended for the 

21 Human Resources Line of Business project; and in addi22 tion $112,516,000 for administrative expenses, to be 

23 transferred from the appropriate trust funds of OPM 

24 without regard to other statutes, including direct procure25 ment of printed materials, for the retirement and insur-
84 

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1 ance programs: Provided, That the provisions of this ap2 propriation shall not affect the authority to use applicable 

3 trust funds as provided by sections 8348(a)(1)(B), and 

4 9004(f)(2)(A) of title 5, United States Code: Provided fur5 ther, That no part of this appropriation shall be available 

6 for salaries and expenses of the Legal Examining Unit of 

7 OPM established pursuant to Executive Order No. 9358 

8 of July 1, 1943, or any successor unit of like purpose: 

9 Provided further, That the President’s Commission on 

10 White House Fellows, established by Executive Order No. 

11 11183 of October 3, 1964, may, during fiscal year 2012, 

12 accept donations of money, property, and personal serv13 ices: Provided further, That such donations, including 

14 those from prior years, may be used for the development 

15 of publicity materials to provide information about the 

16 White House Fellows, except that no such donations shall 

17 be accepted for travel or reimbursement of travel expenses, 

18 or for the salaries of employees of such Commission. 

19 OFFICE OF INSPECTOR GENERAL

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF TRUST FUNDS)

22 For necessary expenses of the Office of Inspector 

23 General in carrying out the provisions of the Inspector 

24 General Act of 1978, including services as authorized by 

25 5 U.S.C. 3109, hire of passenger motor vehicles, 
85 

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1 $3,142,000, and in addition, not to exceed $21,174,000 

2 for administrative expenses to audit, investigate, and pro3 vide other oversight of the Office of Personnel Manage4 ment’s retirement and insurance programs, to be trans5 ferred from the appropriate trust funds of the Office of 

6 Personnel Management, as determined by the Inspector 

7 General: Provided, That the Inspector General is author8 ized to rent conference rooms in the District of Columbia 

9 and elsewhere. 

10 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

11 HEALTH BENEFITS

12 For payment of Government contributions with re13 spect to retired employees, as authorized by chapter 89 

14 of title 5, United States Code, and the Retired Federal 

15 Employees Health Benefits Act (74 Stat. 849), such sums 

16 as may be necessary. 

17 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

18 LIFE INSURANCE

19 For payment of Government contributions with re20 spect to employees retiring after December 31, 1989, as 

21 required by chapter 87 of title 5, United States Code, such 

22 sums as may be necessary. 
86 

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1 PAYMENT TO CIVIL SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For financing the unfunded liability of new and in4 creased annuity benefits becoming effective on or after Oc5 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an6 nuities under special Acts to be credited to the Civil Serv7 ice Retirement and Disability Fund, such sums as may 

8 be necessary: Provided, That annuities authorized by the 

9 Act of May 29, 1944, and the Act of August 19, 1950 

10 (33 U.S.C. 771–775), may hereafter be paid out of the 

11 Civil Service Retirement and Disability Fund. 

12 OFFICE OF SPECIAL COUNSEL

13 SALARIES AND EXPENSES

14 For necessary expenses to carry out functions of the 

15 Office of Special Counsel pursuant to Reorganization Plan 

16 Numbered 2 of 1978, the Civil Service Reform Act of 

17 1978 (Public Law 95–454), the Whistleblower Protection 

18 Act of 1989 (Public Law 101–12), Public Law 107–304, 

19 and the Uniformed Services Employment and Reemploy20 ment Rights Act of 1994 (Public Law 103–353), including 

21 services as authorized by 5 U.S.C. 3109, payment of fees 

22 and expenses for witnesses, rental of conference rooms in 

23 the District of Columbia and elsewhere, and hire of pas24 senger motor vehicles; $18,972,000. 
87 

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1 POSTAL REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Postal Regulatory 

5 Commission in carrying out the provisions of the Postal 

6 Accountability and Enhancement Act (Public Law 109– 

7 435), $14,304,000, to be derived by transfer from the 

8 Postal Service Fund and expended as authorized by sec9 tion 603(a) of such Act. 

10 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

11 SALARIES AND EXPENSES

12 For necessary expenses of the Privacy and Civil Lib13 erties Oversight Board, as authorized by section 1061 of 

14 the Intelligence Reform and Terrorism Prevention Act of 

15 2004 (5 U.S.C. 601 note), $1,000,000, to remain available 

16 until September 30, 2013. 

17 RECOVERY ACCOUNTABILITY AND TRANSPARENCY

18 BOARD

19 SALARIES AND EXPENSES

20 For necessary expenses of the Recovery Account21 ability and Transparency Board to carry out the provi22 sions of title XV of the American Recovery and Reinvest23 ment Act of 2009 (Public Law 111–5), $28,400,000, to 

24 remain available until September 30, 2012. 
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1 SECURITIES AND EXCHANGE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Securities and Ex4 change Commission, including services as authorized by 

5 5 U.S.C. 3109, the rental of space (to include multiple 

6 year leases) in the District of Columbia and elsewhere, and 

7 not to exceed $3,500 for official reception and representa8 tion expenses, $1,407,483,130, to remain available until 

9 expended; of which not less than $6,795,000 shall be for 

10 the Office of Inspector General; of which not to exceed 

11 $45,000 may be used toward funding a permanent secre12 tariat for the International Organization of Securities 

13 Commissions; of which, $483,130 shall be for strength14 ening the capacity and capabilities of the acquisition work15 force as defined by the Office of Federal Procurement Pol16 icy Act, as amended (41 U.S.C. 401 et seq.), including 

17 the recruitment, hiring, training, and retention of such 

18 workforce and information technology in support of acqui19 sition workforce effectiveness or for management solutions 

20 to improve acquisition management; and of which not to 

21 exceed $100,000 shall be available for expenses for con22 sultations and meetings hosted by the Commission with 

23 foreign governmental and other regulatory officials, mem24 bers of their delegations, appropriate representatives and 

25 staff to exchange views concerning developments relating 
89 

•S 1573 PCS

1 to securities matters, development and implementation of 

2 cooperation agreements concerning securities matters and 

3 provision of technical assistance for the development of 

4 foreign securities markets, such expenses to include nec5 essary logistic and administrative expenses and the ex6 penses of Commission staff and foreign invitees in attend7 ance at such consultations and meetings including: (1) 

8 such incidental expenses as meals taken in the course of 

9 such attendance; (2) any travel and transportation to or 

10 from such meetings; and (3) any other related lodging or 

11 subsistence; Provided, That fees and charges authorized 

12 by section 31 of the Securities Exchange Act of 1934 (15 

13 U.S.C. 78ee) shall be credited to this account as offsetting 

14 collections: Provided further, That not to exceed 

15 $1,407,483,000 of such offsetting collections shall be 

16 available until expended for necessary expenses of this ac17 count: Provided further, That the total amount appro18 priated under this heading from the general fund for fiscal 

19 year 2012 shall be reduced as such offsetting fees are re20 ceived so as to result in a final total fiscal year 2012 ap21 propriation from the general fund estimated at not more 

22 than $0. 
90 

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1 SELECTIVE SERVICE SYSTEM

2 SALARIES AND EXPENSES

3 For necessary expenses of the Selective Service Sys4 tem, including expenses of attendance at meetings and of 

5 training for uniformed personnel assigned to the Selective 

6 Service System, as authorized by 5 U.S.C. 4101–4118 for 

7 civilian employees; purchase of uniforms, or allowances 

8 therefor, as authorized by 5 U.S.C. 5901–5902; hire of 

9 passenger motor vehicles; services as authorized by 5 

10 U.S.C. 3109; and not to exceed $750 for official reception 

11 and representation expenses; $23,984,000: Provided, That 

12 during the current fiscal year, the President may exempt 

13 this appropriation from the provisions of 31 U.S.C. 1341, 

14 whenever the President deems such action to be necessary 

15 in the interest of national defense: Provided further, That 

16 none of the funds appropriated by this Act may be ex17 pended for or in connection with the induction of any per18 son into the Armed Forces of the United States. 

19 SMALL BUSINESS ADMINISTRATION

20 SALARIES AND EXPENSES

21 For necessary expenses, not otherwise provided for, 

22 of the Small Business Administration as authorized by 

23 Public Law 108–447, including hire of passenger motor 

24 vehicles as authorized by 31 U.S.C. 1343 and 1344, and 

25 not to exceed $3,500 for official reception and representa-
91 

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1 tion expenses, $404,202,000: Provided, That the Adminis2 trator is authorized to charge fees to cover the cost of pub3 lications developed by the Small Business Administration, 

4 and certain loan program activities, including fees author5 ized by section 5(b) of the Small Business Act: Provided 

6 further, That, notwithstanding 31 U.S.C. 3302, revenues 

7 received from all such activities shall be credited to this 

8 account, to remain available until expended, for carrying 

9 out these purposes without further appropriations: Pro10 vided further, That the Small Business Administration 

11 may accept gifts in an amount not to exceed $4,000,000 

12 and may co-sponsor activities, each in accordance with sec13 tion 132(a) of division K of Public Law 108-447, during 

14 fiscal year 2012: Provided further, That $112,774,000 

15 shall be available to fund grants for performance in fiscal 

16 year 2012 or fiscal year 2013 as authorized by section 

17 21 of the Small Business Act, of which $1,000,000 shall 

18 be for the Veterans Assistance and Services Program au19 thorized by section 21(n) of the Small Business Act, as 

20 added by section 107 of Public Law 110–186, and of 

21 which $1,000,000 shall be for the Small Business Energy 

22 Efficiency Program authorized by section 1203(c) of Pub23 lic Law 110–140: Provided further, That $21,956,000 

24 shall remain available until September 30, 2013 for mar25 keting, management, and technical assistance under sec-
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1 tion 7(m) of the Small Business Act (15 U.S.C. 

2 636(m)(4)) by intermediaries that make microloans under 

3 the microloan program: Provided further, That during fis4 cal year 2012, the applicable percentage under section 

5 7(m)(4)(A) of the Small Business Act shall be 50 percent: 

6 Provided further, That $7,100,000 shall be available for 

7 the Loan Modernization and Accounting System, to be 

8 available until September 30, 2013: Provided further, That 

9 $2,000,000 shall be for the Federal and State Technology 

10 Partnership Program under section 34 of the Small Busi11 ness Act (15 U.S.C. 657d). 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General in carrying out the provisions of the Inspector 

15 General Act of 1978, $16,267,400. 

16 OFFICE OF ADVOCACY

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of the Office of Advocacy in 

19 carrying out the provisions of title II of Public Law 94– 

20 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi21 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to 

22 remain available until expended. 
93 

•S 1573 PCS

1 BUSINESS LOANS PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans, $3,678,000, to remain 

4 available until expended, and for the cost of guaranteed 

5 loans as authorized by section 7(a) of the Small Business 

6 Act and section 503 of the Small Business Investment Act 

7 of 1958, $206,862,000, to remain available until ex8 pended: Provided, That such costs, including the cost of 

9 modifying such loans, shall be as defined in section 502 

10 of the Congressional Budget Act of 1974: Provided fur11 ther, That subject to section 502 of the Congressional 

12 Budget Act of 1974, during fiscal year 2012 commitments 

13 to guarantee loans under section 503 of the Small Busi14 ness Investment Act of 1958 shall not exceed 

15 $7,500,000,000: Provided further, That during fiscal year 

16 2012 commitments for general business loans authorized 

17 under section 7(a) of the Small Business Act shall not 

18 exceed $17,500,000,000 for a combination of amortizing 

19 term loans and the aggregated maximum line of credit 

20 provided by revolving loans: Provided further, That during 

21 fiscal year 2012 commitments to guarantee loans for de22 bentures under section 303(b) of the Small Business In23 vestment Act of 1958, shall not exceed $3,000,000,000: 

24 Provided further, That during fiscal year 2012, guarantees 

25 of trust certificates authorized by section 5(g) of the Small 
94 

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1 Business Act shall not exceed a principal amount of 

2 $12,000,000,000. In addition, for administrative expenses 

3 to carry out the direct and guaranteed loan programs, 

4 $147,958,000, which may be transferred to and merged 

5 with the appropriations for Salaries and Expenses. 

6 DISASTER LOAN PROGRAM ACCOUNT

7 For an additional amount for the ‘‘Disaster Loans 

8 Program Account’’ for the administrative costs of direct 

9 loans authorized by section 7(b) of the Small Business Act 

10 and resulting from a major disaster designation pursuant 

11 to the Robert T. Stafford Disaster Relief and Emergency 

12 Assistance Act (42 U.S.C. 5122(2)), $167,300,000, to re13 main available until expended, of which $1,000,000 is for 

14 the Office of Inspector General of the Small Business Ad15 ministration for audits and reviews of disaster loans and 

16 the disaster loan programs and shall be transferred to and 

17 merged with the appropriations for the Office of Inspector 

18 General; of which $157,300,000 is for direct administra19 tive expense of loan making and servicing to carry out the 

20 direct loan program, which may be transferred to and 

21 merged with the appropriations for Salaries and Expenses; 

22 of which $9,000,000 is for indirect administrative ex23 penses for the direct loan program, which may be trans24 ferred to and merged with the appropriations for Salaries 

25 and Expenses: Provided, That such amount is designated 
95 

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1 by Congress as being for disaster relief pursuant to section 

2 251(b)(2)(D) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985 (Public Law 99–177), as 

4 amended. 

5 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

6 ADMINISTRATION

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 530. Not to exceed 5 percent of any appropria9 tion made available for the current fiscal year for the 

10 Small Business Administration in this Act may be trans11 ferred between such appropriations, but no such appro12 priation shall be increased by more than 10 percent by 

13 any such transfers: Provided, That any transfer pursuant 

14 to this paragraph shall be treated as a reprogramming of 

15 funds under section 608 of this Act and shall not be avail16 able for obligation or expenditure except in compliance 

17 with the procedures set forth in that section. 

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 sub22 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 
96 

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1 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 avail4 able to the Postal Service by this Act shall be used to im5 plement any rule, regulation, or policy of charging any of6 ficer or employee of any State or local child support en7 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 ad10 dress of a postal customer: Provided further, That none 

11 of the funds provided in this Act shall be used to consoli12 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 Account22 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 $51,469,000: Provided, That travel expenses of the judges 

6 shall be paid upon the written certificate of the judge. 

7 TITLE VI 

8 GENERAL PROVISIONS—THIS ACT 

9 SEC. 601. None of the funds in this Act shall be used 

10 for the planning or execution of any program to pay the 

11 expenses of, or otherwise compensate, non-Federal parties 

12 intervening in regulatory or adjudicatory proceedings 

13 funded in this Act. 

14 SEC. 602. None of the funds appropriated in this Act 

15 shall remain available for obligation beyond the current 

16 fiscal year, nor may any be transferred to other appropria17 tions, unless expressly so provided herein. 

18 SEC. 603. The expenditure of any appropriation 

19 under this Act for any consulting service through procure20 ment contract pursuant to 5 U.S.C. 3109, shall be limited 

21 to those contracts where such expenditures are a matter 

22 of public record and available for public inspection, except 

23 where otherwise provided under existing law, or under ex24 isting Executive order issued pursuant to existing law. 
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1 SEC. 604. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except 

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this Act or any other appropriations Act. 

6 SEC. 605. None of the funds made available by this 

7 Act shall be available for any activity or for paying the 

8 salary of any Government employee where funding an ac9 tivity or paying a salary to a Government employee would 

10 result in a decision, determination, rule, regulation, or pol11 icy that would prohibit the enforcement of section 307 of 

12 the Tariff Act of 1930 (19 U.S.C. 1307). 

13 SEC. 606. No funds appropriated pursuant to this 

14 Act may be expended by an entity unless the entity agrees 

15 that in expending the assistance the entity will comply 

16 with the Buy American Act (41 U.S.C. 10a–10c). 

17 SEC. 607. No funds appropriated or otherwise made 

18 available under this Act shall be made available to any 

19 person or entity that has been convicted of violating the 

20 Buy American Act (41 U.S.C. 10a–10c). 

21 SEC. 608. Except as otherwise provided in this Act, 

22 none of the funds provided in this Act, provided by pre23 vious appropriations Acts to the agencies or entities fund24 ed in this Act that remain available for obligation or ex25 penditure in fiscal year 2012, or provided from any ac-
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1 counts in the Treasury derived by the collection of fees 

2 and available to the agencies funded by this Act, shall be 

3 available for obligation or expenditure through a re4 programming of funds that: 

5 (1) creates a new program; 

6 (2) eliminates a program, project, or activity; 

7 (3) increases funds or personnel for any pro8 gram, project, or activity for which funds have been 

9 denied or restricted by the Congress; 

10 (4) proposes to use funds directed for a specific 

11 activity by the Committee on Appropriations of ei12 ther the House of Representatives or the Senate for 

13 a different purpose; 

14 (5) augments existing programs, projects, or ac15 tivities in excess of $5,000,000 or 10 percent, which16 ever is less; 

17 (6) reduces existing programs, projects, or ac18 tivities by $5,000,000 or 10 percent, whichever is 

19 less; or 

20 (7) creates or reorganizes offices, programs, or 

21 activities unless prior approval is received from the 

22 Committees on Appropriations of the House of Rep23 resentatives and the Senate: Provided, That prior to 

24 any significant reorganization or restructuring of of25 fices, programs, or activities, each agency or entity 
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1 funded in this Act shall consult with the Committees 

2 on Appropriations of the House of Representatives 

3 and the Senate: Provided further, That not later 

4 than 60 days after the date of enactment of this 

5 Act, each agency funded by this Act shall submit a 

6 report to the Committees on Appropriations of the 

7 House of Representatives and the Senate to estab8 lish the baseline for application of reprogramming 

9 and transfer authorities for the current fiscal year: 

10 Provided further, That at a minimum, the report 

11 shall include: 

12 (A) a table for each appropriation with a 

13 separate column to display the President’s 

14 budget request, adjustments made by Congress, 

15 adjustments due to enacted rescissions, if ap16 propriate, and the fiscal year enacted level; 

17 (B) a delineation in the table for each ap18 propriation both by object class and program, 

19 project, and activity as detailed in the budget 

20 appendix for the respective appropriation; and 

21 (C) an identification of items of special 

22 congressional interest: Provided further, That 

23 the amount appropriated or limited for salaries 

24 and expenses for an agency shall be reduced by 

25 $100,000 per day for each day after the re-
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1 quired date that the report has not been sub2 mitted to the Congress. 

3 SEC. 609. Except as otherwise specifically provided 

4 by law, not to exceed 50 percent of unobligated balances 

5 remaining available at the end of fiscal year 2012 from 

6 appropriations made available for salaries and expenses 

7 for fiscal year 2012 in this Act, shall remain available 

8 through September 30, 2013, for each such account for 

9 the purposes authorized: Provided, That a request shall 

10 be submitted to the Committees on Appropriations of the 

11 House of Representatives and the Senate for approval 

12 prior to the expenditure of such funds: Provided further, 

13 That these requests shall be made in compliance with re14 programming guidelines. 

15 SEC. 610. None of the funds made available in this 

16 Act may be used by the Executive Office of the President 

17 to request from the Federal Bureau of Investigation any 

18 official background investigation report on any individual, 

19 except when— 

20 (1) such individual has given his or her express 

21 written consent for such request not more than 6 

22 months prior to the date of such request and during 

23 the same presidential administration; or 

24 (2) such request is required due to extraor25 dinary circumstances involving national security. 
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1 SEC. 611. The cost accounting standards promul2 gated under chapter 15 of title 41, United States Code 

3 shall not apply with respect to a contract under the Fed4 eral Employees Health Benefits Program established 

5 under chapter 89 of title 5, United States Code. 

6 SEC. 612. For the purpose of resolving litigation and 

7 implementing any settlement agreements regarding the 

8 nonforeign area cost-of-living allowance program, the Of9 fice of Personnel Management may accept and utilize 

10 (without regard to any restriction on unanticipated travel 

11 expenses imposed in an Appropriations Act) funds made 

12 available to the Office of Personnel Management pursuant 

13 to court approval. 

14 SEC. 613. In order to promote Government access to 

15 commercial information technology, the restriction on pur16 chasing nondomestic articles, materials, and supplies set 

17 forth in chapter 83 of title 41, United States Code (popu18 larly known as the Buy American Act), shall not apply 

19 to the acquisition by the Federal Government of informa20 tion technology (as defined in section 11101 of title 40, 

21 United States Code), that is a commercial item (as defined 

22 in section 103 of title 41, United States Code). 

23 SEC. 614. Notwithstanding section 1353 of title 31, 

24 United States Code, no officer or employee of any regu25 latory agency or commission funded by this Act may ac-
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1 cept on behalf of that agency, nor may such agency or 

2 commission accept, payment or reimbursement from a 

3 non-Federal entity for travel, subsistence, or related ex4 penses for the purpose of enabling an officer or employee 

5 to attend and participate in any meeting or similar func6 tion relating to the official duties of the officer or em7 ployee when the entity offering payment or reimbursement 

8 is a person or entity subject to regulation by such agency 

9 or commission, or represents a person or entity subject 

10 to regulation by such agency or commission, unless the 

11 person or entity is an organization described in section 

12 501(c)(3) of the Internal Revenue Code of 1986 and ex13 empt from tax under section 501(a) of such Code. 

14 SEC. 615. The Public Company Accounting Oversight 

15 Board shall have authority to obligate funds for the schol16 arship program established by section 109(c)(2) of the 

17 Sarbanes-Oxley Act of 2002 (Public Law 107–204) in an 

18 aggregate amount not exceeding the amount of funds col19 lected by the Board as of December 31, 2011, including 

20 accrued interest, as a result of the assessment of monetary 

21 penalties. Funds available for obligation in fiscal year 

22 2012 shall remain available until expended. 

23 SEC. 616. From the unobligated balances of prior 

24 year appropriations made available for the Privacy and 

25 Civil Liberties Oversight Board, $998,000 are rescinded. 
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1 SEC. 617. 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. 618. Section 1107 of title 31, United States 

8 Code, is amended by adding to the end thereof the fol9 lowing: ‘‘The President shall transmit promptly to Con10 gress without change, proposed deficiency and supple11 mental appropriations submitted to the President by the 

12 legislative branch and the judicial branch.’’. 

13 SEC. 619. Section 7 of the Abraham Lincoln Com14 memorative Coin Act (31 U.S.C. § 5112 note) is amended 

15 in subsection (b) by striking ‘‘Abraham Lincoln Bicenten16 nial Commission to further the work of the Commission’’ 

17 and inserting ‘‘Abraham Lincoln Bicentennial Foundation 

18 for the purposes of commemorating the bicentennial of the 

19 birth of Abraham Lincoln, and fostering and promoting 

20 the awareness and study of the life of Abraham Lincoln’’ 

21 and in subsection (c) by striking ‘‘Abraham Lincoln Bicen22 tennial Commission’’ and inserting ‘‘Abraham Lincoln Bi23 centennial Foundation’’. 

24 SEC. 620. During fiscal year 2012, for purposes of 

25 section 908(b)(1) of the Trade Sanctions Reform and Ex-
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1 port Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)), 

2 the term ‘‘payment of cash in advance’’ shall be inter3 preted as payment before the transfer of title to, and con4 trol of, the exported items to the Cuban purchaser. 

5 SEC. 621. The Help America Vote Act of 2002 (Pub6 lic Law 107–252) is amended by: 

7 (1) inserting in section 255(b)(42 U.S.C. 

8 15405) ‘‘posted on the Commission’s website with a 

9 notice’’ after ‘‘cause to have the plan’’; 

10 (2) inserting in section 253(d)(42 U.S.C. 

11 15403) ‘‘notice of’’ prior to ‘‘the State plan’’; 

12 (3) inserting in section 254(a)(11)(42 U.S.C. 

13 15404) ‘‘notice of’’ prior to ‘‘the change’’; and 

14 (4) inserting in section 254(a)(11)(C)(42 

15 U.S.C. 15404) ‘‘notice of’’ prior to ‘‘the change’’. 

16 SEC. 622. Section 605 of the Departments of Com17 merce, Justice, and State, the Judiciary, and Related 

18 Agencies Appropriations Act, 1990 (15 U.S.C. 18a note) 

19 is amended— 

20 (1) in subsection (b)— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘The filing fees’’ and inserting 

23 ‘‘Subject to subsection (c), the filing fees’’; 

24 (B) in paragraph (1), by striking 

25 ‘‘$45,000’’ and inserting ‘‘$60,000’’; 
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1 (C) in paragraph (2)— 

2 (i) by striking ‘‘$125,000’’ and insert3 ing ‘‘$160,000’’; and 

4 (ii) by striking ‘‘and’’ at the end; 

5 (D) in paragraph (3)— 

6 (i) by striking ‘‘$280,000’’ and insert7 ing ‘‘$360,000’’; and 

8 (ii) by striking the period at the end 

9 and inserting ‘‘but less than 

10 $1,000,000,000 (as so adjusted and pub11 lished); and’’; and 

12 (E) by adding at the end the following: 

13 ‘‘(4) $500,000 if the aggregate total amount 

14 determined under section 7A(a)(2) of the Clayton 

15 Act (15 U.S.C. 18a(a)(2)) is not less than 

16 $1,000,000,000 (as so adjusted and published).’’; 

17 and 

18 (2) by adding at the end the following: 

19 ‘‘(c) For fiscal year 2013, and each fiscal year there20 after, the Federal Trade Commission shall publish in the 

21 Federal Register and increase the amount of each filing 

22 fee under subsection (b) in the same manner and on the 

23 same dates as provided under section 8(a)(5) of the Clay24 ton Act (15 U.S.C. 19(a)(5)) to reflect the percentage 

25 change in the gross national product for the fiscal year 
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1 as compared to the gross national product for fiscal year 

2 2011, except that the Federal Trade Commission— 

3 ‘‘(1) shall round any increase in a filing fee 

4 under this subsection to the nearest $5,000; 

5 ‘‘(2) shall not increase filing fees under this 

6 subsection if the increase in the gross national prod7 uct is less than 1 percent; and 

8 ‘‘(3) shall not decrease filing fees under this 

9 subsection.’’. 

10 SEC. 623. None of the funds appropriated by this or 

11 any other Act shall be available for the purpose of con12 veying the headquarters building of the Federal Trade 

13 Commission (located at 600 Pennsylvania Avenue, North14 west, in the District of Columbia) to any entity unless the 

15 Administrator of the General Services Administration de16 termines that such transaction is made in the best interest 

17 of the taxpayer. In making a final determination, the Ad18 ministrator shall consider if the Federal Government 

19 would be compensated at least the Fair Market Value of 

20 such building as determined by the Administrator of the 

21 General Services. The Administrator shall determine the 

22 property’s Fair Market Value through an appraisal con23 ducted by a licensed, independent appraiser. The appraisal 

24 shall be based on the property’s highest and best use. The 

25 Administrator shall also consider cost to the taxpayer for 
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1 acquiring replacement space for the headquarters building 

2 of the Federal Trade Commission and for moving staff 

3 and operations to such replacement space. The determina4 tion of the Administrator shall be final. 

5 SEC. 624. Notwithstanding any other provision of 

6 law, the President may not restrict direct transfers from 

7 a Cuban financial institution to a United States financial 

8 institution executed in payment for a product authorized 

9 for sale under the Trade Sanctions Reform and Export 

10 Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). 

11 TITLE VII 

12 GENERAL PROVISIONS—GOVERNMENT-WIDE 

13 DEPARTMENTS, AGENCIES, AND CORPORATIONS

14 SEC. 701. No department, agency, or instrumentality 

15 of the United States receiving appropriated funds under 

16 this or any other Act for fiscal year 2012 shall obligate 

17 or expend any such funds, unless such department, agen18 cy, or instrumentality has in place, and will continue to 

19 administer in good faith, a written policy designed to en20 sure that all of its workplaces are free from the illegal 

21 use, possession, or distribution of controlled substances 

22 (as defined in the Controlled Substances Act (21 U.S.C. 

23 802)) by the officers and employees of such department, 

24 agency, or instrumentality. 
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1 SEC. 702. Unless otherwise specifically provided, the 

2 maximum amount allowable during the current fiscal year 

3 in accordance with subsection 1343(c) of title 31, United 

4 States Code, for the purchase of any passenger motor ve5 hicle (exclusive of buses, ambulances, law enforcement, 

6 and undercover surveillance vehicles), is hereby fixed at 

7 $13,179 except station wagons for which the maximum 

8 shall be $13,631: Provided, That these limits may be ex9 ceeded by not to exceed $3,700 for police-type vehicles, 

10 and by not to exceed $4,000 for special heavy-duty vehi11 cles: Provided further, That the limits set forth in this sec12 tion may not be exceeded by more than 5 percent for elec13 tric or hybrid vehicles purchased for demonstration under 

14 the provisions of the Electric and Hybrid Vehicle Re15 search, Development, and Demonstration Act of 1976: 

16 Provided further, That the limits set forth in this section 

17 may be exceeded by the incremental cost of clean alter18 native fuels vehicles acquired pursuant to Public Law 

19 101–549 over the cost of comparable conventionally fueled 

20 vehicles: Provided further, That the limits set forth in this 

21 section shall not apply to any vehicle that is a commercial 

22 item and which operates on emerging motor vehicle tech23 nology, including but not limited to electric, plug-in hybrid 

24 electric, and hydrogen fuel cell vehicles. 
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1 SEC. 703. Appropriations of the executive depart2 ments and independent establishments for the current fis3 cal year available for expenses of travel, or for the ex4 penses of the activity concerned, are hereby made available 

5 for quarters allowances and cost-of-living allowances, in 

6 accordance with 5 U.S.C. 5922–5924. 

7 SEC. 704. Unless otherwise specified during the cur8 rent fiscal year, no part of any appropriation contained 

9 in this or any other Act shall be used to pay the compensa10 tion of any officer or employee of the Government of the 

11 United States (including any agency the majority of the 

12 stock of which is owned by the Government of the United 

13 States) whose post of duty is in the continental United 

14 States unless such person: (1) is a citizen of the United 

15 States; (2) is a person who is lawfully admitted for perma16 nent residence and is seeking citizenship as outlined in 8 

17 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted 

18 as a refugee under 8 U.S.C. 1157 or is granted asylum 

19 under 8 U.S.C. 1158 and has filed a declaration of inten20 tion to become a lawful permanent resident and then a 

21 citizen when eligible; or (4) is a person who owes alle22 giance to the United States: Provided, That for purposes 

23 of this section, affidavits signed by any such person shall 

24 be considered prima facie evidence that the requirements 

25 of this section with respect to his or her status are being 
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1 complied with: Provided further, That for purposes of sub2 sections (2) and (3) such affidavits shall be submitted 

3 prior to employment and updated thereafter as necessary: 

4 Provided further, That any person making a false affidavit 

5 shall be guilty of a felony, and upon conviction, shall be 

6 fined no more than $4,000 or imprisoned for not more 

7 than 1 year, or both: Provided further, That the above 

8 penal clause shall be in addition to, and not in substitution 

9 for, any other provisions of existing law: Provided further, 

10 That any payment made to any officer or employee con11 trary to the provisions of this section shall be recoverable 

12 in action by the Federal Government: Provided further, 

13 That this section shall not apply to any person who is an 

14 officer or employee of the Government of the United 

15 States on the date of enactment of this Act, or to inter16 national broadcasters employed by the Broadcasting 

17 Board of Governors, or to temporary employment of trans18 lators, or to temporary employment in the field service 

19 (not to exceed 60 days) as a result of emergencies: Pro20 vided further, That this section does not apply to the em21 ployment as Wildland firefighters for not more than 120 

22 days of nonresident aliens employed by the Department 

23 of the Interior or the USDA Forest Service pursuant to 

24 an agreement with another country. 
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1 SEC. 705. Appropriations available to any depart2 ment or agency during the current fiscal year for nec3 essary expenses, including maintenance or operating ex4 penses, shall also be available for payment to the General 

5 Services Administration for charges for space and services 

6 and those expenses of renovation and alteration of build7 ings and facilities which constitute public improvements 

8 performed in accordance with the Public Buildings Act of 

9 1959 (73 Stat. 479), the Public Buildings Amendments 

10 of 1972 (86 Stat. 216), or other applicable law. 

11 SEC. 706. In addition to funds provided in this or 

12 any other Act, all Federal agencies are authorized to re13 ceive and use funds resulting from the sale of materials, 

14 including Federal records disposed of pursuant to a 

15 records schedule recovered through recycling or waste pre16 vention programs. Such funds shall be available until ex17 pended for the following purposes: 

18 (1) Acquisition, waste reduction and prevention, 

19 and recycling programs as described in Executive 

20 Order No. 13423 (January 24, 2007), including any 

21 such programs adopted prior to the effective date of 

22 the Executive order. 

23 (2) Other Federal agency environmental man24 agement programs, including, but not limited to, the 
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1 development and implementation of hazardous waste 

2 management and pollution prevention programs. 

3 (3) Other employee programs as authorized by 

4 law or as deemed appropriate by the head of the 

5 Federal agency. 

6 SEC. 707. Funds made available by this or any other 

7 Act for administrative expenses in the current fiscal year 

8 of the corporations and agencies subject to chapter 91 of 

9 title 31, United States Code, shall be available, in addition 

10 to objects for which such funds are otherwise available, 

11 for rent in the District of Columbia; services in accordance 

12 with 5 U.S.C. 3109; and the objects specified under this 

13 head, all the provisions of which shall be applicable to the 

14 expenditure of such funds unless otherwise specified in the 

15 Act by which they are made available: Provided, That in 

16 the event any functions budgeted as administrative ex17 penses are subsequently transferred to or paid from other 

18 funds, the limitations on administrative expenses shall be 

19 correspondingly reduced. 

20 SEC. 708. No part of any appropriation contained in 

21 this or any other Act shall be available for interagency 

22 financing of boards (except Federal Executive Boards), 

23 commissions, councils, committees, or similar groups 

24 (whether or not they are interagency entities) which do 

25 not have a prior and specific statutory approval to receive 
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1 financial support from more than one agency or instru2 mentality. 

3 SEC. 709. None of the funds made available pursuant 

4 to the provisions of this Act shall be used to implement, 

5 administer, or enforce any regulation which has been dis6 approved pursuant to a joint resolution duly adopted in 

7 accordance with the applicable law of the United States. 

8 SEC. 710. (a) Notwithstanding any other provision 

9 of law, and except as otherwise provided in this section, 

10 no part of any of the funds appropriated for fiscal year 

11 2012, by this or any other Act, may be used to pay any 

12 prevailing rate employee described in section 

13 5342(a)(2)(A) of title 5, United States Code— 

14 (1) during the period from the date of expira15 tion of the limitation imposed by the comparable sec16 tion for previous fiscal years until the normal effec17 tive date of the applicable wage survey adjustment 

18 that is to take effect in fiscal year 2012, in an 

19 amount that exceeds the rate payable for the appli20 cable grade and step of the applicable wage schedule 

21 in accordance with such section; and 

22 (2) during the period consisting of the remain23 der of fiscal year 2012, in an amount that exceeds, 

24 as a result of a wage survey adjustment, the rate 
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1 payable under paragraph (1) by more than the sum 

2 of— 

3 (A) the percentage adjustment taking ef4 fect in fiscal year 2012 under section 5303 of 

5 title 5, United States Code, in the rates of pay 

6 under the General Schedule; and 

7 (B) the difference between the overall aver8 age percentage of the locality-based com9 parability payments taking effect in fiscal year 

10 2012 under section 5304 of such title (whether 

11 by adjustment or otherwise), and the overall av12 erage percentage of such payments which was 

13 effective in the previous fiscal year under such 

14 section. 

15 (b) Notwithstanding any other provision of law, no 

16 prevailing rate employee described in subparagraph (B) or 

17 (C) of section 5342(a)(2) of title 5, United States Code, 

18 and no employee covered by section 5348 of such title, 

19 may be paid during the periods for which subsection (a) 

20 is in effect at a rate that exceeds the rates that would 

21 be payable under subsection (a) were subsection (a) appli22 cable to such employee. 

23 (c) For the purposes of this section, the rates payable 

24 to an employee who is covered by this section and who 

25 is paid from a schedule not in existence on September 30, 
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1 2011, shall be determined under regulations prescribed by 

2 the Office of Personnel Management. 

3 (d) Notwithstanding any other provision of law, rates 

4 of premium pay for employees subject to this section may 

5 not be changed from the rates in effect on September 30, 

6 2011, except to the extent determined by the Office of 

7 Personnel Management to be consistent with the purpose 

8 of this section. 

9 (e) This section shall apply with respect to pay for 

10 service performed after September 30, 2011. 

11 (f) For the purpose of administering any provision 

12 of law (including any rule or regulation that provides pre13 mium pay, retirement, life insurance, or any other em14 ployee benefit) that requires any deduction or contribu15 tion, or that imposes any requirement or limitation on the 

16 basis of a rate of salary or basic pay, the rate of salary 

17 or basic pay payable after the application of this section 

18 shall be treated as the rate of salary or basic pay. 

19 (g) Nothing in this section shall be considered to per20 mit or require the payment to any employee covered by 

21 this section at a rate in excess of the rate that would be 

22 payable were this section not in effect. 

23 (h) The Office of Personnel Management may provide 

24 for exceptions to the limitations imposed by this section 

25 if the Office determines that such exceptions are necessary 
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1 to ensure the recruitment or retention of qualified employ2 ees. 

3 SEC. 711. During the period in which the head of 

4 any department or agency, or any other officer or civilian 

5 employee of the Federal Government appointed by the 

6 President of the United States, holds office, no funds may 

7 be obligated or expended in excess of $5,000 to furnish 

8 or redecorate the office of such department head, agency 

9 head, officer, or employee, or to purchase furniture or 

10 make improvements for any such office, unless advance 

11 notice of such furnishing or redecoration is transmitted 

12 to the Committees on Appropriations of the House of Rep13 resentatives and the Senate. For the purposes of this sec14 tion, the term ‘‘office’’ shall include the entire suite of of15 fices assigned to the individual, as well as any other space 

16 used primarily by the individual or the use of which is 

17 directly controlled by the individual. 

18 SEC. 712. Notwithstanding section 31 U.S.C. 1346, 

19 or section 708 of this Act, funds made available for the 

20 current fiscal year by this or any other Act shall be avail21 able for the interagency funding of national security and 

22 emergency preparedness telecommunications initiatives 

23 which benefit multiple Federal departments, agencies, or 

24 entities, as provided by Executive Order No. 12472 (April 

25 3, 1984). 
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1 SEC. 713. (a) None of the funds appropriated by this 

2 or any other Act may be obligated or expended by any 

3 Federal department, agency, or other instrumentality for 

4 the salaries or expenses of any employee appointed to a 

5 position of a confidential or policy-determining character 

6 excepted from the competitive service pursuant to 5 

7 U.S.C. 3302, without a certification to the Office of Per8 sonnel Management from the head of the Federal depart9 ment, agency, or other instrumentality employing the 

10 Schedule C appointee that the Schedule C position was 

11 not created solely or primarily in order to detail the em12 ployee to the White House. 

13 (b) The provisions of this section shall not apply to 

14 Federal employees or members of the armed forces de15 tailed to or from— 

16 (1) the Central Intelligence Agency; 

17 (2) the National Security Agency; 

18 (3) the Defense Intelligence Agency; 

19 (4) the National Geospatial-Intelligence Agency; 

20 (5) the offices within the Department of De21 fense for the collection of specialized national foreign 

22 intelligence through reconnaissance programs; 

23 (6) the Bureau of Intelligence and Research of 

24 the Department of State; 
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1 (7) any agency, office, or unit of the Army, 

2 Navy, Air Force, and Marine Corps, the Department 

3 of Homeland Security, the Federal Bureau of Inves4 tigation and the Drug Enforcement Administration 

5 of the Department of Justice, the Department of 

6 Transportation, the Department of the Treasury, 

7 and the Department of Energy performing intel8 ligence functions; or 

9 (8) the Director of National Intelligence or the 

10 Office of the Director of National Intelligence. 

11 SEC. 714. No part of any appropriation contained in 

12 this or any other Act shall be available for the payment 

13 of the salary of any officer or employee of the Federal 

14 Government, who— 

15 (1) prohibits or prevents, or attempts or threat16 ens to prohibit or prevent, any other officer or em17 ployee of the Federal Government from having any 

18 direct oral or written communication or contact with 

19 any Member, committee, or subcommittee of the 

20 Congress in connection with any matter pertaining 

21 to the employment of such other officer or employee 

22 or pertaining to the department or agency of such 

23 other officer or employee in any way, irrespective of 

24 whether such communication or contact is at the ini25 tiative of such other officer or employee or in re-
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1 sponse to the request or inquiry of such Member, 

2 committee, or subcommittee; or 

3 (2) removes, suspends from duty without pay, 

4 demotes, reduces in rank, seniority, status, pay, or 

5 performance or efficiency rating, denies promotion 

6 to, relocates, reassigns, transfers, disciplines, or dis7 criminates in regard to any employment right, enti8 tlement, or benefit, or any term or condition of em9 ployment of, any other officer or employee of the 

10 Federal Government, or attempts or threatens to 

11 commit any of the foregoing actions with respect to 

12 such other officer or employee, by reason of any 

13 communication or contact of such other officer or 

14 employee with any Member, committee, or sub15 committee of the Congress as described in paragraph 

16 (1). 

17 SEC. 715. (a) None of the funds made available in 

18 this or any other Act may be obligated or expended for 

19 any employee training that— 

20 (1) does not meet identified needs for knowl21 edge, skills, and abilities bearing directly upon the 

22 performance of official duties; 

23 (2) contains elements likely to induce high lev24 els of emotional response or psychological stress in 

25 some participants; 
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1 (3) does not require prior employee notification 

2 of the content and methods to be used in the train3 ing and written end of course evaluation; 

4 (4) contains any methods or content associated 

5 with religious or quasi-religious belief systems or 

6 ‘‘new age’’ belief systems as defined in Equal Em7 ployment Opportunity Commission Notice N– 

8 915.022, dated September 2, 1988; or 

9 (5) is offensive to, or designed to change, par10 ticipants, personal values or lifestyle outside the 

11 workplace. 

12 (b) Nothing in this section shall prohibit, restrict, or 

13 otherwise preclude an agency from conducting training 

14 bearing directly upon the performance of official duties. 

15 SEC. 716. (a) No funds appropriated in this or any 

16 other Act may be used to implement or enforce the agree17 ments in Standard Forms 312 and 4414 of the Govern18 ment or any other nondisclosure policy, form, or agree19 ment if such policy, form, or agreement does not contain 

20 the following provisions: ‘‘These restrictions are consistent 

21 with and do not supersede, conflict with, or otherwise alter 

22 the employee obligations, rights, or liabilities created by 

23 Executive Order No. 12958; section 7211 of title 5, 

24 United States Code (governing disclosures to Congress); 

25 section 1034 of title 10, United States Code, as amended 
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1 by the Military Whistleblower Protection Act (governing 

2 disclosure to Congress by members of the military); sec3 tion 2302(b)(8) of title 5, United States Code, as amended 

4 by the Whistleblower Protection Act of 1989 (governing 

5 disclosures of illegality, waste, fraud, abuse or public 

6 health or safety threats); the Intelligence Identities Pro7 tection Act of 1982 (50 U.S.C. 421 et seq.) (governing 

8 disclosures that could expose confidential Government 

9 agents); and the statutes which protect against disclosure 

10 that may compromise the national security, including sec11 tions 641, 793, 794, 798, and 952 of title 18, United 

12 States Code, and section 4(b) of the Subversive Activities 

13 Control Act of 1950 (50 U.S.C. 783(b)). The definitions, 

14 requirements, obligations, rights, sanctions, and liabilities 

15 created by said Executive order and listed statutes are in16 corporated into this agreement and are controlling.’’: Pro17 vided, That notwithstanding the preceding provision of 

18 this section, a nondisclosure policy form or agreement that 

19 is to be executed by a person connected with the conduct 

20 of an intelligence or intelligence-related activity, other 

21 than an employee or officer of the United States Govern22 ment, may contain provisions appropriate to the particular 

23 activity for which such document is to be used. Such form 

24 or agreement shall, at a minimum, require that the person 

25 will not disclose any classified information received in the 
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1 course of such activity unless specifically authorized to do 

2 so by the United States Government. Such nondisclosure 

3 forms shall also make it clear that they do not bar disclo4 sures to Congress, or to an authorized official of an execu5 tive agency or the Department of Justice, that are essen6 tial to reporting a substantial violation of law. 

7 (b) Effective 180 days after enactment of this Act, 

8 subsection (a) is amended by— 

9 (1) striking ‘‘Executive Order No. 12958’’ and 

10 inserting ‘‘Executive Order No. 13526 (75 Fed. Reg. 

11 707), or any successor thereto’’; and 

12 (2) after ‘‘the Intelligence Identities Protection 

13 Act of 1982 (50 U.S.C. 421 et seq.) (governing dis14 closures that could expose confidential Government 

15 agents);’’ inserting ‘‘sections 7(c) and 8H of the In16 spector General Act of 1978 (5 U.S.C. App.) (relat17 ing to disclosures to an inspector general, the inspec18 tors general of the Intelligence Community, and 

19 Congress); section 103H(g)(3) of the National Secu20 rity Act of 1947 (50 U.S.C. 403–3h(g)(3) (relating 

21 to disclosures to the inspector general of the Intel22 ligence Community); sections 17(d)(5) and 17(e)(3) 

23 of the Central Intelligence Agency Act of 1949 (50 

24 U.S.C. 403q(d)(5) and 403q(e)(3)) (relating to dis-
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1 closures to the Inspector General of the Central In2 telligence Agency and Congress);’’. 

3 (c) A nondisclosure agreement entered into before the 

4 effective date of the amendment in subsection (b) may 

5 continue to be implemented and enforced after that effec6 tive date if it complies with the requirements of subsection 

7 (a) that were in effect prior to the effective date of the 

8 amendment in subsection (b). 

9 SEC. 717. No part of any funds appropriated in this 

10 or any other Act shall be used by an agency of the execu11 tive branch, other than for normal and recognized execu12 tive-legislative relationships, for publicity or propaganda 

13 purposes, and for the preparation, distribution or use of 

14 any kit, pamphlet, booklet, publication, radio, television, 

15 or film presentation designed to support or defeat legisla16 tion pending before the Congress, except in presentation 

17 to the Congress itself. 

18 SEC. 718. None of the funds appropriated by this or 

19 any other Act may be used by an agency to provide a Fed20 eral employee’s home address to any labor organization 

21 except when the employee has authorized such disclosure 

22 or when such disclosure has been ordered by a court of 

23 competent jurisdiction. 

24 SEC. 719. None of the funds made available in this 

25 Act or any other Act may be used to provide any non- 
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1 public information such as mailing or telephone lists to 

2 any person or any organization outside of the Federal 

3 Government without the approval of the Committees on 

4 Appropriations of the House of Representatives and the 

5 Senate. 

6 SEC. 720. No part of any appropriation contained in 

7 this or any other Act shall be used directly or indirectly, 

8 including by private contractor, for publicity or propa9 ganda purposes within the United States not heretofore 

10 authorized by the Congress. 

11 SEC. 721. (a) In this section, the term ‘‘agency’’— 

12 (1) means an Executive agency, as defined 

13 under 5 U.S.C. 105; 

14 (2) includes a military department, as defined 

15 under section 102 of such title, the Postal Service, 

16 and the Postal Regulatory Commission; and 

17 (3) shall not include the Government Account18 ability Office. 

19 (b) Unless authorized in accordance with law or regu20 lations to use such time for other purposes, an employee 

21 of an agency shall use official time in an honest effort 

22 to perform official duties. An employee not under a leave 

23 system, including a Presidential appointee exempted under 

24 5 U.S.C. 6301(2), has an obligation to expend an honest 
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1 effort and a reasonable proportion of such employee’s time 

2 in the performance of official duties. 

3 SEC. 722. Notwithstanding 31 U.S.C. 1346 and sec4 tion 708 of this Act, funds made available for the current 

5 fiscal year by this or any other Act to any department 

6 or agency, which is a member of the Federal Accounting 

7 Standards Advisory Board (FASAB), shall be available to 

8 finance an appropriate share of FASAB administrative 

9 costs. 

10 SEC. 723. Notwithstanding any other provision of 

11 law, a woman may breastfeed her child at any location 

12 in a Federal building or on Federal property, if the woman 

13 and her child are otherwise authorized to be present at 

14 the location. 

15 SEC. 724. Notwithstanding 31 U.S.C. 1346, or sec16 tion 708 of this Act, funds made available for the current 

17 fiscal year by this or any other Act shall be available for 

18 the interagency funding of specific projects, workshops, 

19 studies, and similar efforts to carry out the purposes of 

20 the National Science and Technology Council (authorized 

21 by Executive Order No. 12881), which benefit multiple 

22 Federal departments, agencies, or entities: Provided, That 

23 the Office of Management and Budget shall provide a re24 port describing the budget of and resources connected with 

25 the National Science and Technology Council to the Com-
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1 mittees on Appropriations, the House Committee on 

2 Science and Technology, and the Senate Committee on 

3 Commerce, Science, and Transportation 90 days after en4 actment of this Act. 

5 SEC. 725. Any request for proposals, solicitation, 

6 grant application, form, notification, press release, or 

7 other publications involving the distribution of Federal 

8 funds shall indicate the agency providing the funds, the 

9 Catalog of Federal Domestic Assistance Number, as appli10 cable, and the amount provided: Provided, That this provi11 sion shall apply to direct payments, formula funds, and 

12 grants received by a State receiving Federal funds. 

13 SEC. 726. (a) PROHIBITION OF FEDERAL AGENCY

14 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 

15 the funds made available in this or any other Act may 

16 be used by any Federal agency— 

17 (1) to collect, review, or create any aggregation 

18 of data, derived from any means, that includes any 

19 personally identifiable information relating to an in20 dividual’s access to or use of any Federal Govern21 ment Internet site of the agency; or 

22 (2) to enter into any agreement with a third 

23 party (including another government agency) to col24 lect, review, or obtain any aggregation of data, de25 rived from any means, that includes any personally 
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1 identifiable information relating to an individual’s 

2 access to or use of any nongovernmental Internet 

3 site. 

4 (b) EXCEPTIONS.—The limitations established in 

5 subsection (a) shall not apply to— 

6 (1) any record of aggregate data that does not 

7 identify particular persons; 

8 (2) any voluntary submission of personally iden9 tifiable information; 

10 (3) any action taken for law enforcement, regu11 latory, or supervisory purposes, in accordance with 

12 applicable law; or 

13 (4) any action described in subsection (a)(1) 

14 that is a system security action taken by the oper15 ator of an Internet site and is necessarily incident 

16 to providing the Internet site services or to pro17 tecting the rights or property of the provider of the 

18 Internet site. 

19 (c) DEFINITIONS.—For the purposes of this section: 

20 (1) The term ‘‘regulatory’’ means agency ac21 tions to implement, interpret or enforce authorities 

22 provided in law. 

23 (2) The term ‘‘supervisory’’ means examina24 tions of the agency’s supervised institutions, includ25 ing assessing safety and soundness, overall financial 
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1 condition, management practices and policies and 

2 compliance with applicable standards as provided in 

3 law. 

4 SEC. 727. (a) None of the funds appropriated by this 

5 Act may be used to enter into or renew a contract which 

6 includes a provision providing prescription drug coverage, 

7 except where the contract also includes a provision for con8 traceptive coverage. 

9 (b) Nothing in this section shall apply to a contract 

10 with— 

11 (1) any of the following religious plans: 

12 (A) Personal Care’s HMO; and 

13 (B) OSF HealthPlans, Inc.; and 

14 (2) any existing or future plan, if the carrier 

15 for the plan objects to such coverage on the basis of 

16 religious beliefs. 

17 (c) In implementing this section, any plan that enters 

18 into or renews a contract under this section may not sub19 ject any individual to discrimination on the basis that the 

20 individual refuses to prescribe or otherwise provide for 

21 contraceptives because such activities would be contrary 

22 to the individual’s religious beliefs or moral convictions. 

23 (d) Nothing in this section shall be construed to re24 quire coverage of abortion or abortion-related services. 
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1 SEC. 728. The Congress of the United States recog2 nizes the United States Anti-Doping Agency (USADA) as 

3 the official anti-doping agency for Olympic, Pan Amer4 ican, and Paralympic sport in the United States. 

5 SEC. 729. Notwithstanding any other provision of 

6 law, funds appropriated for official travel by Federal de7 partments and agencies may be used by such departments 

8 and agencies, if consistent with Office of Management and 

9 Budget Circular A–126 regarding official travel for Gov10 ernment personnel, to participate in the fractional aircraft 

11 ownership pilot program. 

12 SEC. 730. Notwithstanding any other provision of 

13 law, none of the funds appropriated or made available 

14 under this Act or any other appropriations Act may be 

15 used to implement or enforce restrictions or limitations on 

16 the Coast Guard Congressional Fellowship Program, or to 

17 implement the proposed regulations of the Office of Per18 sonnel Management to add sections 300.311 through 

19 300.316 to part 300 of title 5 of the Code of Federal Reg20 ulations, published in the Federal Register, volume 68, 

21 number 174, on September 9, 2003 (relating to the detail 

22 of executive branch employees to the legislative branch). 

23 SEC. 731. Notwithstanding any other provision of 

24 law, no executive branch agency shall purchase, construct, 

25 and/or lease any additional facilities, except within or con-
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1 tiguous to existing locations, to be used for the purpose 

2 of conducting Federal law enforcement training without 

3 the advance approval of the Committees on Appropriations 

4 of the House of Representatives and the Senate, except 

5 that the Federal Law Enforcement Training Center is au6 thorized to obtain the temporary use of additional facilities 

7 by lease, contract, or other agreement for training which 

8 cannot be accommodated in existing Center facilities. 

9 SEC. 732. (a) For fiscal year 2012, no funds shall 

10 be available for transfers or reimbursements to the e-gov11 ernment initiatives sponsored by the Office of Manage12 ment and Budget prior to 15 days following submission 

13 of a report to the Committees on Appropriations of the 

14 House of Representatives and the Senate by the Director 

15 of the Office of Management and Budget and receipt of 

16 approval to transfer funds by the Committees on Appro17 priations of the House of Representatives and the Senate. 

18 (b) The report in subsection (a) and other required 

19 justification materials shall include at a minimum— 

20 (1) a description of each initiative including but 

21 not limited to its objectives, benefits, development 

22 status, risks, cost effectiveness (including estimated 

23 net costs or savings to the government), and the es24 timated date of full operational capability; 
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1 (2) the total development cost of each initiative 

2 by fiscal year including costs to date, the estimated 

3 costs to complete its development to full operational 

4 capability, and estimated annual operations and 

5 maintenance costs; and 

6 (3) the sources and distribution of funding by 

7 fiscal year and by agency and bureau for each initia8 tive including agency contributions to date and esti9 mated future contributions by agency. 

10 (c) No funds shall be available for obligation or ex11 penditure for new e-government initiatives without the ex12 plicit approval of the Committees on Appropriations of the 

13 House of Representatives and the Senate. 

14 SEC. 733. Notwithstanding section 1346 of title 31, 

15 United States Code, and section 708 of this Act and any 

16 other provision of law, the head of each appropriate execu17 tive department and agency shall transfer to or reimburse 

18 the United States Fish and Wildlife Service, upon the di19 rection of the Director of the Office of Management and 

20 Budget, funds made available by this or any other Act 

21 for the purposes described below, and shall submit budget 

22 requests for such purposes. These funds shall be adminis23 tered by the United States Fish and Wildlife Service, in 

24 consultation with the appropriate interagency groups des25 ignated by the Director and shall be used to ensure the 
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1 uninterrupted, continuous operation of the Midway Atoll 

2 Airfield by the United States Fish and Wildlife Service 

3 pursuant to an operational agreement with the Federal 

4 Aviation Administration for the entirety of fiscal year 

5 2012 and any period thereafter that precedes the enact6 ment of the Financial Services and General Government 

7 Appropriations Act, 2013. The Director of the Office of 

8 Management and Budget shall mandate the necessary 

9 transfers after determining an equitable allocation be10 tween the appropriate executive departments and agencies 

11 of the responsibility for funding the continuous operation 

12 of the Midway Atoll Airfield based on, but not limited to, 

13 potential use, interest in maintaining aviation safety, and 

14 applicability to governmental operations and agency mis15 sion. The total funds transferred or reimbursed shall not 

16 exceed $6,000,000 for any 12-month period. Such sums 

17 shall be sufficient to ensure continued operation of the air18 field throughout the period cited above. Funds shall be 

19 available for operation of the airfield or airfield-related 

20 capital upgrades. The Director of the Office of Manage21 ment and Budget shall notify the Committees on Appro22 priations of the House of Representatives and the Senate 

23 of such transfers or reimbursements within 15 days of this 

24 Act. Such transfers or reimbursements shall begin within 

25 30 days of enactment of this Act. 
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1 SEC. 734. None of the funds appropriated or other2 wise made available by this or any other Act may be used 

3 to begin or announce a study or public-private competition 

4 regarding the conversion to contractor performance of any 

5 function performed by Federal employees pursuant to Of6 fice of Management and Budget Circular A–76 or any 

7 other administrative regulation, directive, or policy. 

8 SEC. 735. Unless otherwise authorized by existing 

9 law, none of the funds provided in this Act or any other 

10 Act may be used by an executive branch agency to produce 

11 any prepackaged news story intended for broadcast or dis12 tribution in the United States, unless the story includes 

13 a clear notification within the text or audio of the pre14 packaged news story that the prepackaged news story was 

15 prepared or funded by that executive branch agency. 

16 SEC. 736. None of the funds made available in this 

17 Act may be used in contravention of section 552a of title 

18 5, United States Code (popularly known as the Privacy 

19 Act) and regulations implementing that section. 

20 SEC. 737. Each executive department and agency 

21 shall evaluate the creditworthiness of an individual before 

22 issuing the individual a government travel charge card. 

23 Such evaluations for individually billed travel charge cards 

24 shall include an assessment of the individual’s consumer 

25 report from a consumer reporting agency as those terms 
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1 are defined in section 603 of the Fair Credit Reporting 

2 Act (Public Law 91–508): Provided, That the department 

3 or agency may not issue a government travel charge card 

4 to an individual that either lacks a credit history or is 

5 found to have an unsatisfactory credit history as a result 

6 of this evaluation: Provided further, That this restriction 

7 shall not preclude issuance of a restricted-use charge, 

8 debit, or stored value card made in accordance with agency 

9 procedures to: (1) an individual with an unsatisfactory 

10 credit history where such card is used to pay travel ex11 penses and the agency determines there is no suitable al12 ternative payment mechanism available before issuing the 

13 card; or (2) an individual who lacks a credit history. Each 

14 executive department and agency shall establish guidelines 

15 and procedures for disciplinary actions to be taken against 

16 agency personnel for improper, fraudulent, or abusive use 

17 of government charge cards, which shall include appro18 priate disciplinary actions for use of charge cards for pur19 poses, and at establishments, that are inconsistent with 

20 the official business of the Department or agency or with 

21 applicable standards of conduct. 

22 SEC. 738. (a) DEFINITIONS.—For purposes of this 

23 section the following definitions apply: 

24 (1) GREAT LAKES.—The terms ‘‘Great Lakes’’ 

25 and ‘‘Great Lakes State’’ have the same meanings 
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1 as such terms have in section 506 of the Water Re2 sources Development Act of 2000 (42 U.S.C. 

3 1962d–22). 

4 (2) GREAT LAKES RESTORATION ACTIVITIES.— 

5 The term ‘‘Great Lakes restoration activities’’ 

6 means any Federal or State activity primarily or en7 tirely within the Great Lakes watershed that seeks 

8 to improve the overall health of the Great Lakes eco9 system. 

10 (b) REPORT.—Not later than 45 days after submis11 sion of the budget of the President to Congress, the Direc12 tor of the Office of Management and Budget, in coordina13 tion with the Governor of each Great Lakes State and the 

14 Great Lakes Interagency Task Force, shall submit to the 

15 appropriate authorizing and appropriating committees of 

16 the Senate and the House of Representatives a financial 

17 report, certified by the Secretary of each agency that has 

18 budget authority for Great Lakes restoration activities, 

19 containing— 

20 (1) an interagency budget crosscut report 

21 that— 

22 (A) displays the budget proposed, including 

23 any planned interagency or intra-agency trans24 fer, for each of the Federal agencies that car25 ries out Great Lakes restoration activities in 
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1 the upcoming fiscal year, separately reporting 

2 the amount of funding to be provided under ex3 isting laws pertaining to the Great Lakes eco4 system; and 

5 (B) identifies all expenditures since fiscal 

6 year 2004 by the Federal Government and 

7 State governments for Great Lakes restoration 

8 activities; 

9 (2) a detailed accounting of all funds received 

10 and obligated by all Federal agencies and, to the ex11 tent available, State agencies using Federal funds, 

12 for Great Lakes restoration activities during the cur13 rent and previous fiscal years; 

14 (3) a budget for the proposed projects (includ15 ing a description of the project, authorization level, 

16 and project status) to be carried out in the upcom17 ing fiscal year with the Federal portion of funds for 

18 activities; and 

19 (4) a listing of all projects to be undertaken in 

20 the upcoming fiscal year with the Federal portion of 

21 funds for activities. 

22 SEC. 739. (a) IN GENERAL.—None of the funds ap23 propriated or otherwise made available by this or any 

24 other Act may be used for any Federal Government con25 tract with any foreign incorporated entity which is treated 
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1 as an inverted domestic corporation under section 835(b) 

2 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 

3 or any subsidiary of such an entity. 

4 (b) WAIVERS.— 

5 (1) IN GENERAL.—Any Secretary shall waive 

6 subsection (a) with respect to any Federal Govern7 ment contract under the authority of such Secretary 

8 if the Secretary determines that the waiver is re9 quired in the interest of national security. 

10 (2) REPORT TO CONGRESS.—Any Secretary 

11 issuing a waiver under paragraph (1) shall report 

12 such issuance to Congress. 

13 (c) EXCEPTION.—This section shall not apply to any 

14 Federal Government contract entered into before the date 

15 of the enactment of this Act, or to any task order issued 

16 pursuant to such contract. 

17 SEC. 740. None of the funds made available by this 

18 or any other Act may be used to implement, administer, 

19 enforce, or apply the rule entitled ‘‘Competitive Area’’ 

20 published by the Office of Personnel Management in the 

21 Federal Register on April 15, 2008 (73 Fed. Reg. 20180 

22 et seq.). 

23 SEC. 741. Section 743 of the Consolidated Appropria24 tions Act, 2010 (Public Law 111–117; 31 U.S.C. 501 

25 note) is amended— 
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1 (1) in subsection (a)(3), by inserting after ‘‘ex2 ercise of an option’’ the following: ‘‘, and task orders 

3 issued under any such contract,’’; 

4 (2) in subsection (a)(3)(G), by inserting before 

5 the period at the end the following: ‘‘, using direct 

6 labor hours and associated cost data collected from 

7 contractors’’; 

8 (3) in subsection (e)(2)(B), by striking the text 

9 and inserting the following: ‘‘the contracts exclude to 

10 the maximum extent practicable functions that are 

11 closely associated with inherently governmental func12 tions;’’; and 

13 (4) by redesignating subsections (h) and (i) as 

14 subsections (i) and (j) and by inserting after sub15 section (g) the following new subsection: 

16 ‘‘(h) SUBMISSION OF REPORT ON ACTIONS TAKEN

17 BEFORE PUBLIC-PRIVATE COMPETITION MAY OCCUR.— 

18 An executive agency may not begin, plan for, or announce 

19 a study or public-private competition regarding the con20 version to contractor performance of any function per21 formed by Federal employees pursuant to Office of Man22 agement and Budget Circular A–76 or any other adminis23 trative regulation or directive until after that agency has 

24 submitted to the Office of Management and Budget a re25 port, pursuant to subsection (f), that includes actions 
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1 taken to convert from contractor to Federal employee per2 formance functions that are not inherently governmental, 

3 closely associated with governmental functions, critical, or 

4 should not otherwise be reserved for performance by Fed5 eral employees. This subsection shall take effect beginning 

6 with the report required under subsection (f) that is in7 cluded as an attachment to the annual inventory due by 

8 December 31, 2011.’’. 

9 SEC. 742. The Office of Management and Budget 

10 shall issue guidance, consistent with section 735 of divi11 sion D of the Omnibus Appropriations Act, 2009, Public 

12 Law 111–8, and section 739(a)(1) of division D of the 

13 Consolidated Appropriations Act, 2008 (Public Law 110– 

14 161), and section 327 of the 2008 National Defense Au15 thorization Act (Public Law 110–181), to prohibit the use 

16 of direct conversions to contract out, in whole or in part, 

17 activities or functions last performed by any number of 

18 Federal employees by an executive agency without first 

19 conducting a public-private competition. Such guidance 

20 shall ensure that— 

21 (1) activities or functions performed by an exec22 utive agency and are reengineered, reorganized, 

23 modernized, upgraded, expanded, or changed to be24 come more efficient, but still essentially providing 
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1 the same service, shall not be contacted out without 

2 first conducting a public-private conpetition; 

3 (2) activities or functions performed by Federal 

4 employees for an executive agency may not be modi5 fied, reorganized, divided, or in any way changed for 

6 the purpose of exempting the conversion of the ac7 tivities or functions from the prohibition against the 

8 use of direct conversions; and 

9 (3) activities or functions performed by Federal 

10 employees for an executive agency who have retired 

11 or been reassigned to perform other activities may 

12 not be converted to contractor performance without 

13 first conducting a public-private competition. 

14 SEC. 743. During fiscal year 2012, for each employee 

15 who— 

16 (1) retires under section 8336(d)(2) or 

17 8414(b)(1)(B) of title 5, United States Code, or 

18 (2) retires under any other provision of sub19 chapter III of chapter 83 or chapter 84 of such title 

20 5 and receives a payment as an incentive to sepa21 rate, the separating agency shall remit to the Civil 

22 Service Retirement and Disability Fund an amount 

23 equal to the Office of Personnel Management’s aver24 age unit cost of processing a retirement claim for 

25 the preceding fiscal year. Such amounts shall be 
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1 available until expended to the Office of Personnel 

2 Management and shall be deemed to be an adminis3 trative expense under section 8348(a)(1)(B) of title 

4 5, United States Code. 

5 SEC. 744. (a) DEFINITIONS.—In this section— 

6 (1) the term ‘‘agency’’— 

7 (A) means an Executive agency as defined 

8 under section 105 of title 5, United States 

9 Code; and 

10 (B) does not apply to the Department of 

11 Defense; and 

12 (2) the term ‘‘Federal employee’’ means an em13 ployee as defined under section 2105 of title 5, 

14 United States Code. 

15 (b) PROHIBITION OF CERTAIN PERSONNEL MANAGE16 MENT LIMITATIONS.— 

17 (1) IN GENERAL.—Federal employees in each 

18 agency shall be managed each fiscal year solely on 

19 the basis of, and consistent with— 

20 (A) the workload required to carry out the 

21 functions and activities of that agency; and 

22 (B) the funds made available to that agen23 cy for that fiscal year. 

24 (2) PROHIBITION ON LIMITATIONS.—Notwith25 standing any other provision of law— 
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1 (A) the management of Federal employees 

2 in any fiscal year shall not be subject to any 

3 limitation in terms of work years, full-time 

4 equivalent positions, or maximum number of 

5 Federal employees; and 

6 (B) an agency may not be required to 

7 make a reduction in the number of full-time 

8 equivalent positions, unless that reduction is— 

9 (i) necessary due to a reduction in 

10 funds available to the agency; or 

11 (ii) required under a statute that— 

12 (I) is enacted after the date of 

13 enactment of this Act; and 

14 (II) specifically refers to this sec15 tion. 

16 (c) EMPLOYEE NUMBERS, SKILLS, AND QUALIFICA17 TIONS.—In each fiscal year, the head of each agency shall 

18 ensure that there are employed during that fiscal year 

19 Federal employees in the number and with the combina20 tion of skills and qualifications that are necessary to carry 

21 out the functions within the applicable budget activity for 

22 which funds are provided for that fiscal year. 

23 (d) REPORTS.— 

24 (1) IN GENERAL.—Not later than February 1 

25 of each year, the Director of the Office of Manage-
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1 ment and Budget shall submit to the Committees on 

2 Appropriations of the Senate and the House of Rep3 resentatives a report on the management of the Fed4 eral workforce. 

5 (2) CONTENTS.—Each report submitted under 

6 this subsection shall include a statement by the Di7 rector of the Office of Management and Budget with 

8 respect to the preceding fiscal year— 

9 (A) on the compliance of agencies (includ10 ing the Office of Management and Budget) with 

11 subsections (b) and (c); and 

12 (B) that identifies any agency that was not 

13 in compliance with subsections (b) and (c). 

14 (e) EFFECTIVE DATE.—This section shall apply to 

15 fiscal year 2012 and each fiscal year thereafter. 

16 SEC. 745. Except as expressly provided otherwise, 

17 any reference to ‘‘this Act’’ contained in any title other 

18 than title IV or VIII shall not apply to such title IV or 

19 VIII. 

20 TITLE VIII 

21 GENERAL PROVISIONS—DISTRICT OF 

22 COLUMBIA 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 801. Whenever in this Act, an amount is speci25 fied within an appropriation for particular purposes or ob-
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1 jects of expenditure, such amount, unless otherwise speci2 fied, shall be considered as the maximum amount that 

3 may be expended for said purpose or object rather than 

4 an amount set apart exclusively therefor. 

5 SEC. 802. Appropriations in this Act shall be avail6 able for expenses of travel and for the payment of dues 

7 of organizations concerned with the work of the District 

8 of Columbia government, when authorized by the Mayor, 

9 or, in the case of the Council of the District of Columbia, 

10 funds may be expended with the authorization of the 

11 Chairman of the Council. 

12 SEC. 803. There are appropriated from the applicable 

13 funds of the District of Columbia such sums as may be 

14 necessary for making refunds and for the payment of legal 

15 settlements or judgments that have been entered against 

16 the District of Columbia government. 

17 SEC. 804. (a) None of the Federal funds provided in 

18 this Act shall be used for publicity or propaganda purposes 

19 or implementation of any policy including boycott designed 

20 to support or defeat legislation pending before Congress 

21 or any State legislature. 

22 (b) The District of Columbia may use local funds pro23 vided in this title to carry out lobbying activities on any 

24 matter. 
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1 SEC. 805. (a) None of the Federal funds provided 

2 under this Act to the agencies funded by this Act, both 

3 Federal and District government agencies, that remain 

4 available for obligation or expenditure in fiscal year 2012, 

5 or provided from any accounts in the Treasury of the 

6 United States derived by the collection of fees available 

7 to the agencies funded by this Act, shall be available for 

8 obligation or expenditures for an agency through a re9 programming of funds which— 

10 (1) creates new programs; 

11 (2) eliminates a program, project, or responsi12 bility center; 

13 (3) establishes or changes allocations specifi14 cally denied, limited or increased under this Act; 

15 (4) increases funds or personnel by any means 

16 for any program, project, or responsibility center for 

17 which funds have been denied or restricted; 

18 (5) re-establishes any program or project pre19 viously deferred through reprogramming; 

20 (6) augments any existing program, project, or 

21 responsibility center through a reprogramming of 

22 funds in excess of $3,000,000 or 10 percent, which23 ever is less; or 
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1 (7) increases by 20 percent or more personnel 

2 assigned to a specific program, project or responsi3 bility center, 

4 unless the Committees on Appropriations of the House of 

5 Representatives and the Senate are notified in writing 15 

6 days in advance of the reprogramming. 

7 (b) The District of Columbia government is author8 ized to approve and execute reprogramming and transfer 

9 requests of local funds under this title through November 

10 1, 2012. 

11 SEC. 806. Consistent with the provisions of section 

12 1301(a) of title 31, United States Code, appropriations 

13 under this Act shall be applied only to the objects for 

14 which the appropriations were made except as otherwise 

15 provided by law. 

16 SEC. 807. None of the Federal funds provided in this 

17 Act may be used by the District of Columbia to provide 

18 for salaries, expenses, or other costs associated with the 

19 offices of United States Senator or United States Rep20 resentative under section 4(d) of the District of Columbia 

21 Statehood Constitutional Convention Initiatives of 1979 

22 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

23 SEC. 808. Except as otherwise provided in this sec24 tion, none of the funds made available by this Act or by 

25 any other Act may be used to provide any officer or em-
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1 ployee of the District of Columbia with an official vehicle 

2 unless the officer or employee uses the vehicle only in the 

3 performance of the officer’s or employee’s official duties. 

4 For purposes of this section, the term ‘‘official duties’’ 

5 does not include travel between the officer’s or employee’s 

6 residence and workplace, except in the case of— 

7 (1) an officer or employee of the Metropolitan 

8 Police Department who resides in the District of Co9 lumbia or a District of Columbia government em10 ployee as may otherwise be designated by the Chief 

11 of the Department; 

12 (2) at the discretion of the Fire Chief, an offi13 cer or employee of the District of Columbia Fire and 

14 Emergency Medical Services Department who re15 sides in the District of Columbia and is on call 24 

16 hours a day or is otherwise designated by the Fire 

17 Chief; 

18 (3) at the discretion of the Director of the De19 partment of Corrections, an officer or employee of 

20 the District of Columbia Department of Corrections 

21 who resides in the District of Columbia and is on 

22 call 24 hours a day or is otherwise designated by the 

23 Director; 

24 (4) the Mayor of the District of Columbia; and 
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1 (5) the Chairman of the Council of the District 

2 of Columbia. 

3 SEC. 809. (a) None of the Federal funds contained 

4 in this Act may be used by the District of Columbia Attor5 ney General or any other officer or entity of the District 

6 government to provide assistance for any petition drive or 

7 civil action which seeks to require Congress to provide for 

8 voting representation in Congress for the District of Co9 lumbia. 

10 (b) Nothing in this section bars the District of Co11 lumbia Attorney General from reviewing or commenting 

12 on briefs in private lawsuits, or from consulting with offi13 cials of the District government regarding such lawsuits. 

14 SEC. 810. None of the Federal funds contained in 

15 this Act may be used to distribute any needle or syringe 

16 for the purpose of preventing the spread of blood borne 

17 pathogens in any location that has been determined by the 

18 local public health or local law enforcement authorities to 

19 be inappropriate for such distribution. 

20 SEC. 811. Nothing in this Act may be construed to 

21 prevent the Council or Mayor of the District of Columbia 

22 from addressing the issue of the provision of contraceptive 

23 coverage by health insurance plans, but it is the intent 

24 of Congress that any legislation enacted on such issue 
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1 should include a ‘‘conscience clause’’ which provides excep2 tions for religious beliefs and moral convictions. 

3 SEC. 812. Hereafter, as part of the submission of the 

4 annual budget justification, the Mayor of the District of 

5 Columbia shall submit to the Committees on Appropria6 tions of the House of Representatives and the Senate, the 

7 Committee on Oversight and Government Reform of the 

8 House of Representatives, and the Committee on Home9 land Security and Governmental Affairs of the Senate a 

10 report addressing— 

11 (1) crime, including the homicide rate, imple12 mentation of community policing, and the number of 

13 police officers on local beats; 

14 (2) access to substance and alcohol abuse treat15 ment, including the number of treatment slots, the 

16 number of people served, the number of people on 

17 waiting lists, and the effectiveness of treatment pro18 grams, the retention rates in treatment programs, 

19 and the recidivism/re-arrest rates for treatment par20 ticipants; 

21 (3) education, including access to special edu22 cation services and student achievement to be pro23 vided in consultation with the District of Columbia 

24 Public Schools, repeated grade rates, high school 
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1 graduation rates, and post-secondary education at2 tendance rates; 

3 (4) improvement in basic District services, in4 cluding rat control and abatement; and 

5 (5) application for and management of Federal 

6 grants, including the number and type of grants for 

7 which the District was eligible but failed to apply 

8 and the number and type of grants awarded to the 

9 District but for which the District failed to spend 

10 the amounts received. 

11 SEC. 813. None of the Federal funds contained in 

12 this Act may be used to enact or carry out any law, rule, 

13 or regulation to legalize or otherwise reduce penalties asso14 ciated with the possession, use, or distribution of any 

15 schedule I substance under the Controlled Substances Act 

16 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de17 rivative. 

18 SEC. 814. None of the Federal funds appropriated 

19 under this Act shall be expended for any abortion except 

20 where the life of the mother would be endangered if the 

21 fetus were carried to term or where the pregnancy is the 

22 result of an act of rape or incest. 

23 SEC. 815. (a) No later than 30 calendar days after 

24 the date of the enactment of this Act, the Chief Financial 

25 Officer for the District of Columbia shall submit to the 
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1 appropriate committees of Congress, the Mayor, and the 

2 Council of the District of Columbia, a revised appropriated 

3 funds operating budget in the format of the budget that 

4 the District of Columbia government submitted pursuant 

5 to section 442 of the District of Columbia Home Rule Act 

6 (D.C. Official Code, sec. 1–204.42), for all agencies of the 

7 District of Columbia government for fiscal year 2012 that 

8 is in the total amount of the approved appropriation and 

9 that realigns all budgeted data for personal services and 

10 other-than-personal services, respectively, with anticipated 

11 actual expenditures. 

12 (b) This section shall apply only to an agency for 

13 which the Chief Financial Officer for the District of Co14 lumbia certifies that a reallocation is required to address 

15 unanticipated changes in program requirements. 

16 SEC. 816. No later than 30 calendar days after the 

17 date of the enactment of this Act, the Chief Financial Offi18 cer for the District of Columbia shall submit to the appro19 priate committees of Congress, the Mayor, and the Council 

20 for the District of Columbia, a revised appropriated funds 

21 operating budget for the District of Columbia Public 

22 Schools that aligns schools budgets to actual enrollment. 

23 The revised appropriated funds budget shall be in the for24 mat of the budget that the District of Columbia govern25 ment submitted pursuant to section 442 of the District 
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1 of Columbia Home Rule Act (D.C. Official Code, Sec. 1– 

2 204.42). 

3 SEC. 817. Amounts appropriated in this Act as oper4 ating funds may be transferred to the District of Colum5 bia’s enterprise and capital funds and such amounts, once 

6 transferred, shall retain appropriation authority consistent 

7 with the provisions of this Act. 

8 SEC. 818. Notwithstanding any other laws, for this 

9 and succeeding fiscal years, the Director of the District 

10 of Columbia Public Defender Service shall, to the extent 

11 the Director considers appropriate, provide representation 

12 for and hold harmless, or provide liability insurance for, 

13 any person who is an employee, member of the Board of 

14 Trustees, or officer of the District of Columbia Public De15 fender Service for money damages arising out of any 

16 claim, proceeding, or case at law relating to the furnishing 

17 of representational services or management services or re18 lated services while acting within the scope of that per19 son’s office or employment, including, but not limited to 

20 such claims, proceedings, or cases at law involving employ21 ment actions, injury, loss of liberty, property damage, loss 

22 of property, or personal injury, or death arising from mal23 practice or negligence of any such officer or employee. 
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1 SEC. 819. Section 346 of the District of Columbia 

2 Appropriations Act, 2005 (Public Law 108–335) is 

3 amended— 

4 (1) in the title, by striking ‘‘BIENNIAL’’; 

5 (2) in subsection (a), by striking ‘‘Biennial 

6 management’’ and inserting ‘‘Management’’; 

7 (3) in subsection (a), by striking ‘‘States.’’ and 

8 inserting ‘‘States every five years.’’; and 

9 (4) in subsection (b)(6), by striking ‘‘2’’ and in10 serting ‘‘5’’. 

11 SEC. 820. Except as expressly provided otherwise, 

12 any reference to ‘‘this Act’’ contained in this title or in 

13 title IV shall be treated as referring only to the provisions 

14 of this title or of title IV. 

15 This Act may be cited as the ‘‘Financial Services and 

16 General Government Appropriations Act, 2012’’. 

Calendar No. 171 

112TH CONGRESS 

1ST SESSION S. 1573 

[Report No. 112–79] 

A BILL 

Making appropriations for financial services and 

September 30, 2012, and for other purposes. general government for the fiscal year ending 

SEPTEMBER 15, 2011 

Read twice and placed on the calendar