Financial Services and General Government Appropriations Act, 2011

Bill: 111-s-3677
Sponsor: Sen. Durbin, Richard J. [D-IL]
Introduced: 2010-07-29 in the Senate
Policy area: Economics and Public Finance
Subjects: Administrative Conference of the U.S.
Administrative law and regulatory procedures
Appropriations
Business investment and capital
Commodity Futures Trading Commission
Congressional oversight
Consumer Product Safety Commission
Consumer credit
Department of the Treasury
Disaster relief and insurance
District of Columbia
Drug trafficking and controlled substances
Ecology
Education programs funding
Election Assistance Commission
Elementary and secondary education
Executive Office of the President
Executive agency funding and structure
Federal Communications Commission (FCC)
Federal Deposit Insurance Corporation (FDIC)
Federal Election Commission (FEC)
Federal Labor Relations Authority
Federal Trade Commission (FTC)
Federal appellate courts
Federal district courts
Financial crises and stabilization
Fraud offenses and financial crimes
General Services Administration
Government buildings, facilities, and property
Government employee pay, benefits, personnel management
Government information and archives
Government lending and loan guarantees
Great Lakes
HIV/AIDS
Health care costs and insurance
Health promotion and preventive care
Higher education
Homelessness and emergency shelter
Income tax credits
Intellectual property
Internal Revenue Service (IRS)
Judicial procedure and administration
Lawyers and legal services
National Archives and Records Administration
National Credit Union Administration
National Guard and reserves
Office of Government Ethics
Office of Management and Budget (OMB)
Office of Personnel Management (OPM)
Office of Special Counsel
Postal Regulatory Commission
Prescription drugs
Presidents and presidential powers, Vice Presidents
Public contracts and procurement
Securities and Exchange Commission (SEC)
Small Business Administration
Small business
Specialized courts
Student aid and college costs
Supreme Court
Tax administration and collection, taxpayers
U.S. Postal Service
Water quality

Summary:
action_date: 2010-07-29
text: 
Financial Services and General Government Appropriations Act, 2011 - Department of the Treasury Appropriations Act, 2011 - Makes appropriations for FY2011 for the Department of the Treasury.
 
Executive Office of the President Appropriations Act, 2011 - Makes appropriations for FY2011 for the Executive Office of the President.
 
Judiciary Appropriations Act, 2011 - Makes appropriations for FY2011 for the U.S. Supreme Court and other federal courts and related offices.
 
District of Columbia Appropriations Act, 2011 - Makes appropriations for FY2011 for the District of Columbia.
 
Makes appropriations for FY2011 for: (1) the Administrative Conference of the United States; (2) the Christopher Columbus Fellowship Foundation; (3) the Commodity Futures Trading Commission (CFTC); (4) the Consumer Product Safety Commission (CPSC); (5) the Election Assistance Commission; (6) the Federal Communications Commission (FCC); (7) the Federal Deposit Insurance Corporation (FDIC); (8) the Federal Election Commission (FEC); (9) the Federal Labor Relations Authority (FLRA); (10) the Federal Trade Commission (FTC); (11) the General Services Administration (GSA); (12) the Harry S Truman Scholarship Foundation Trust Fund; (13) the Merit Systems Protection Board; (14) the Morris K. Udall and Stewart L. Udall Foundation; (15) the Environmental Dispute Resolution Fund; (16) the National Archives and Records Administration (NARA); (17) the National Credit Union Administration (NCUA); (18) the Credit Union Community Development Revolving Loan Fund; (19) the Office of Government Ethics; (20) the Office of Personnel Management (OPM); (21) the Office of Inspector General; (22) the government payment for annuitants, employee health benefits, employee life insurance, and the Civil Service Retirement and Disability Fund; (23) the Office of Special Counsel; (24) the Postal Regulatory Commission; (25) the Privacy and Civil Liberties Oversight Board; (26) the Securities and Exchange Commission (SEC); (27) the Selective Service System; (28) the Small Business Administration (SBA); (29) the United States Postal Service; and (30) the United States Tax Court.
 
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

action_date: 2010-07-29
text: 
Financial Services and General Government Appropriations Act, 2011 - 
Title I: Department of the Treasury
 - Department of the Treasury Appropriations Act, 2011 - Makes appropriations for FY2011 for the Department of the Treasury for: (1) departmental offices; (2) department-wide systems and capital investments programs; (3) the Office of Inspector General; (4) the Treasury Inspector General for Tax Administration; (5) the Office of the Special Inspector General for the Troubled Asset Relief Program (TARP); (6) the Financial Crimes Enforcement Network; (7) the Financial Management Service; (8) the Alcohol and Tobacco Tax and Trade Bureau; (9) the U.S. Mint for the U.S. Mint Public Enterprise Fund; (10) the Bureau of the Public Debt; (11) the Community Development Financial Institutions Fund Program Account; and (12) the Internal Revenue Service (IRS).
 
Sets forth certain transfers of funds, including a certain rescission of funds.
 
(Sec. 102) Requires the IRS to maintain a training program for IRS employees in taxpayers' rights, in dealing courteously with taxpayers, and in cross-cultural relations.
 
(Sec. 104) Makes funds for the IRS under any Act available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers.
 
(Sec. 105) Prohibits the use of funds to enter into, renew, extend, administer, implement, enforce, or provide oversight of any qualified tax collection contract.
 
(Sec. 111) Bars the use of funds to the Department of the Treasury or the Bureau of Engraving and Printing to redesign the $1 Federal Reserve note.
 
(Sec. 113) Extends from 12 to 13 years the authorization for the personnel management demonstration project for employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms (ATF).
 
(Sec. 115) Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without the approval of specified congressional committees.
 
(Sec. 116) Deems any funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947 during FY2011, until the enactment of the Intelligence Authorization Act for FY2011.
 
(Sec. 117) Requires up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses.
 
(Sec. 118) Requires the Secretary of the Treasury to notify for approval the congressional appropriations committees of any proposed transfer of funds available from the Treasury Forfeiture Fund to any agency or account within the Treasury.
 
Specifies restrictions on the use of such funds during FY2011.
 
Prohibits use or transfer of such funds to the Financial Crimes Enforcement Network, Salaries and Expenses, account for any large-scale information technology modernization project.
 
(Sec. 119) Requires the Secretary to report a Capital Investment Plan to the congressional appropriations committees within 30 days after submission of the President's annual budget, subject to certain requirements.
 

Title II: Executive Office of the President and Funds Appropriated to the President
 - Executive Office of the President Appropriations Act, 2011 - Makes appropriations for FY2011 for compensation of the President and designated White House agencies, including: (1) the Council of Economic Advisers; (2) the National Security Council (NSC) and the Homeland Security Council (HSC); (3) the Office of Administration; (4) the Office of Management and Budget (OMB); (5) the Office of National Drug Control Policy; (6) various other specified federal drug control programs; (7) federal integrated, efficient, and effective uses of information technology; and (8) special assistance to the President and the official residence of the Vice President.
 
Authorizes the head of each executive department and agency to transfer to or reimburse &quot;General Services Administration, Government-wide Policy,&quot; with OMB approval, funds made available for FY2011 by any Act, including rebates from charge cards and other contracts. Requires the use of such funds to support governmentwide and other multiagency financial, information technology, procurement, and other management innovations, initiatives, and activities.
 
Sets forth certain transfers of funds.
 
(Sec. 202) Requires the Director of the Office of National Drug Control Policy to report to the congressional appropriations committees, before the initial obligation of more than 20% of the funds appropriated for the Office, a detailed narrative and financial plan on the proposed uses of all such funds by program, project, and activity.
 
Subjects any new projects and changes in funding of ongoing projects to prior approval of such committees.
 
(Sec. 203) Allows the transfer between appropriated programs of up to 2% of any appropriations in this Act made available to the Office of National Drug Control Policy, upon the advance approval of the congressional appropriations committees.
 
(Sec. 204) Allows the reprogramming within a program, project, or activity of up to $1 million of appropriations available to the Office of National Drug Control Policy, upon the advance approval of the congressional appropriations committees.
 

Title III: The Judiciary
 - Judiciary Appropriations Act, 2011 - Makes appropriations to the Judiciary for FY2011 for: (1) the U.S. Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services, including defender services; (5) fees of jurors and commissioners; (6) court security; (7) the Administrative Office of the U.S. Courts; (8) the Federal Judicial Center; (9) judicial retirement funds; and (10) the U.S. Sentencing Commission.
 
Sets forth certain transfers of funds.
 
(Sec. 305) Provides for the mandatory or discretionary delegation, in certain circumstances, of the duties and powers of the Administrator of General Services to an appropriate federal agency only (currently, an appropriate executive agency).
 
(Sec. 306) Requires the U.S. Marshals Service to provide, for a pilot program, specified security services (except investigations) for courthouses which federal law authorizes the Department of Homeland Security (DHS) to provide.
 

Title IV: District of Columbia
 - District of Columbia Appropriations Act, 2011 - Makes appropriations to the District of Columbia for FY2011, including amounts for the federal payments: (1) for District of Columbia Resident Tuition Support; (2) for emergency planning and security costs in the District; (3) to District of Columbia Courts; (4) for Defender Services in District of Columbia Courts; (5) to the Court Services and Offender Supervision Agency for the District of Columbia; (6) to the District of Columbia Public Defender Service; (7) to the DC Water and Sewer Authority; (8) to the Criminal Justice Coordinating Council; (9) to the Commission on Judicial Disabilities and Tenure; (10) to the Chief Financial Officer of the District (CFO); (11) for school improvement; (12) to jump start public school reform; (13) for the DC National Guard; (14) for housing for the homeless; (15) for redevelopment of the St. Elizabeths Hospital Campus; and (16) for Human Immunodeficiency Virus (HIV)/Acquired Immunodeficiency Syndrome (AIDS) prevention.
 
Requires certain funds appropriated for operating expenses to be subject to the provisions of, allocated, and expended as proposed under title III of the Fiscal Year 2011 Budget Request Act of 2010 at the rate set forth under &quot;District of Columbia Funds Division of Expenses&quot; of the Fiscal Year 2011 Proposed Budget and Financial Plan submitted to Congress by the District.
 

Title V: Independent Agencies 
- Makes appropriations for FY2011 for independent agencies, including: (1) the Administrative Conference of the United States; (2) the Christopher Columbus Fellowship Foundation; (3) the Commodity Futures Trading Commission (CFTC); (4) the Consumer Product Safety Commission (CPSC); (5) the Election Assistance Commission,; (6) the Federal Communication Commission (FCC); (7) the Federal Deposit Insurance Corporation (FDIC), for its Office of Inspector General; (8) the Federal Election Commission (FEC); (9) the Federal Labor Relations Authority (FLRA); (10) the Federal Trade Commission (FTC); (11) the General Services Administration (GSA); (12) governmentwide policy and operating expenses; (13) the GSA Office of Inspector General; (14) the Electronic Government Fund; (15) allowances and office staff for former presidents; (16) the Federal Acquisition Workforce Initiatives Fund; (17) the Federal Citizen Services Fund; (18) the Harry S Truman Scholarship Foundation; (19) the Merit Systems Protection Board; (20) Morris K. Udall and Stewart L. Udall Foundation; (21) the Environmental Dispute Resolution Fund; (22) the National Archives and Records Administration, including the Office of Inspector General; (23) the National Historic Publications and Records Commission Grants Program; (24) the National Credit Union Administration (NCUA); (25) the Credit Union Community Development Revolving Loan Fund; (26) the Office of Government Ethics; (27) the Office of Personnel Management (OPM), including the Office of Inspector General; (28) the government payment for annuitants, employee health benefits, employee life insurance, and the Civil Service Retirement and Disability Fund; (29) the Office of Special Counsel; (30) the Postal Regulatory Commission; (31) the Privacy and Civil Liberties Oversight Board; (32) the Securities and Exchange Commission (SEC); (33) the Selective Service System; (34) the Small Business Administration (SBA), including the Office of Inspector General; (35) the U.S. Postal Service, including the Office of Inspector General; and (36) the U.S. Tax Court.
 
Sets forth certain transfers of funds.
 
(Sec. 501) Amends the Universal Service Antideficiency Temporary Suspension Act to extend through December 31, 2011, the prohibition on applying certain requirements relating to limitations on expending, obligating, or apportioning appropriations to the collection or receipt of federal universal (telecommunications) service contributions or their expenditure or obligation for universal service support programs.
 
 
(Sec. 502) Prohibits the use of funds by the FCC to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.
 
(Sec. 515) Provides that, if specified congressional committees adopt a resolution granting lease authority pursuant to a specified GSA prospectus, then GSA shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements. Requires GSA, if it determines that such area should not be identical to the one included in such prospectus, to provide an explanatory statement to each of such committees and the congressional appropriations committees before exercising such lease authority.
 
(Sec. 516) Authorizes GSA to provide for the use of its federal supply schedules by relief and disaster assistance organizations described in the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Limits such purchases to use in preparation for, response to, and recovery from hazards.
 
(Sec. 517) Amends the Office of Federal Procurement Policy Act to revise requirements for the use of the Acquisition Workforce Training Fund.
 
(Sec. 518) Authorizes the Administrator of GSA to release to Tracy, California, U.S. reversionary interests retained and all other terms, conditions, reservations, and restrictions imposed, in connection with the conveyance of certain land in Joaquin County, California.
 
(Sec. 519) Requires: (1) funds made available to GSA in the American Recovery and Reinvestment Act of 2009 for deposit in the Federal Buildings Fund to remain available until expended to fund authorized increases or costs arising from any projects identified in the detailed plan submitted by GSA pursuant to that Act; and (2) the Administrator of GSA to obtain advance approval of the congressional appropriations committees for any project cost increase in an amount exceeding 10%.
 
(Sec. 521) Requires all disaster loans issued in Alaska or North Dakota to be administered by SBA. Prohibits the sale of such loans during FY2010. 
 
(Sec. 522) Provides that certain funds made available for Community Links Hawaii shall be made available to the Pacific International Center for High Technology Research.
 
(Sec. 523) Amends the Small Business Act to adjust the net worth threshold of a socially disadvantaged individual for purposes of determining if such individual is economically disadvantaged under the SBA Business Development Program. Declares that a net worth of less than $1 million indicates that an individual is economically disadvantaged.
 
(Sec. 524) Makes specified additional funds available to the SBA through FY2012 for initiatives related to small business development and entrepreneurship, including programmatic and construction activities. Specifies certain projects covered.
 

Title VI: General Provisions (This Act)
 - Sets forth permissions for and restrictions upon the use of funds under this Act.
 
(Sec. 606) Prohibits the expenditure of funds under this Act by an entity unless it agrees that such expenditure will comply with the Buy American Act.
 
(Sec. 607) Prohibits the availability of funds under this Act to any person or entity that has been convicted of violating the Buy American Act.
 
(Sec. 610) Prohibits the availability of funds under this Act for use by the Executive Office of the President to request from the Federal Bureau of Investigation (FBI) any official background investigation report on any individual, except when: (1) such individual has given his or her express written consent for such request within six months before the date of such request and during the same presidential administration; or (2) such request is required due to extraordinary circumstances involving national security.
 
(Sec. 611) Makes certain cost accounting standards promulgated under the Office of Federal Procurement Policy Act inapplicable to a federal employees health benefits program(FEHBP) contract.
 
(Sec. 612) Authorizes OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses) funds made available to OPM pursuant to court approval for resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program.
 
(Sec. 613) Makes the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act inapplicable to the acquisition by the federal government of commercial information technology.
 
(Sec. 614) Prohibits an officer or employee of any regulatory agency or commission funded by this Act from accepting, on behalf of that agency, or such agency or commission from accepting, payment or reimbursement from a nonfederal entity for travel-related expenses to enable an officer or employee to attend and participate in any meeting or similar function relating to official duties, when the entity offering payment or reimbursement is subject to regulation by such agency or commission, or represents such person or entity, unless the person or entity is a nonprofit tax-exempt organization.
 
(Sec. 615) Grants the Public Company Accounting Oversight Board authority to obligate funds for the scholarship program established by the Sarbanes-Oxley Act of 2002 in an aggregate amount not to exceed funds collected by the Board as of December 31, 2010, including accrued interest, as a result of the assessment of monetary penalties. Requires funds available for obligation in FY2011 to remain available until expended.
 
(Sec. 616) Rescinds specified funds from unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board.
 
(Sec. 617) Authorizes the use of funds made available to the CFTC and the SEC for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.
 
(Sec. 618) Considers any expenses incurred by the EAC using certain appropriations in the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 for authorized EAC programs or activities under the Help America Vote Act of 2002 to have been incurred for such programs and activities.
 
(Sec. 619) Requires the President to transmit promptly to Congress, without change, proposed deficiency and supplemental appropriations submitted by the legislative branch and the judicial branch.
 
(Sec. 620) Amends the Abraham Lincoln Commemorative Coin Act to replace the Abraham Lincoln Bicentennial Commission with the Abraham Lincoln Bicentennial Foundation regarding the redesign of the Abraham Lincoln one-cent coin.
 
(Sec. 621) Interprets, during FY2011, the term &quot;payment of cash in advance&quot; as payment before the transfer of title to, and control of, the exported items to the Cuban purchaser for purposes of the Trade Sanctions Reform and Export Enhancement Act of 2000.
 

Title VII: General Provisions Governmentwide
 - Sets forth requirements for the use of appropriations by designated departments, agencies, and corporations.
 
(Sec. 701) Sets restrictions upon the use of appropriations by any federal department, agency, or instrumentality unless it has in place, and will continue to administer in good faith, a written policy designed to ensure that all workplaces are free from the illegal use, possession, or distribution of controlled substances by the officers and employees of such department, agency, or instrumentality.
 
(Sec. 726) Prohibits the use of funds by federal agencies to collect, review, create or contract for any aggregation of data by any means of any personally identifiable information relating to an individual's access to or use of any federal government or nongovernmental Internet site.
 
(Sec. 727) Prohibits the use of funds to enter into or renew a contract for a federal employee health plan which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Exempts specified religious plans from such prohibition. Prohibits a federal employee health plan, however, from discriminating against an individual on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to his or her religious beliefs or moral convictions.
 
(Sec. 728) Recognizes the U.S. Anti-Doping Agency (USADA) as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States.
 
(Sec. 729) Allows the use of funds appropriated for official travel by federal departments and agencies, if consistent with OMB Circular A-126 regarding official travel for government personnel, to participate in the fractional aircraft ownership pilot program.
 
(Sec. 730) Bars the use of funds to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed OPM regulations to add sections 300.311 - 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch).
 
(Sec. 731) Prohibits an executive branch agency from purchasing, constructing, and/or leasing any additional facilities, except within or contiguous to existing locations, to conduct federal law enforcement training without advance approval of congressional appropriations committees. Authorizes the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.
 
(Sec. 732) Bars the availability of funds for FY2011 for transfers or reimbursements to the E-Government initiatives sponsored by OMB before 15 days following an OMB report to the congressional appropriations committees and receipt of their approval.
 
(Sec. 733) Requires the head of each appropriate executive department and agency to transfer certain funds to or reimburse the U.S. Fish and Wildlife Service (USFWS) to ensure the uninterrupted, continuous operation by the USFWS, pursuant to an operational agreement with the FAA, of the Midway Atoll Airfield for the entirety of FY2011 through the enactment of the Financial Services and General Government Appropriations Act, 2012.
 
Limits the total funds transferred or reimbursed to $6 million for any 12-month period. 
 
(Sec. 734) Prohibits the use of funds to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by federal employees pursuant to OMB Circular A-76 or any other administrative regulation, directive, or policy.
 
(Sec. 735) Bars the use of funds by an executive branch agency, unless otherwise authorized by existing law, to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within its text or audio that it was prepared or funded by that agency.
 
(Sec. 736) Bars the use of funds in contravention of the Privacy Act or regulations concerning protection of privacy and freedom of information.
 
(Sec. 737) Requires each executive department and agency to evaluate the creditworthiness of an individual before issuing him or her a government travel charge card. Prohibits issuance of such a card, except in specified circumstances, to individuals that either lack a credit history or are found to have an unsatisfactory credit history.
 
Requires such evaluation to include an assessment of the individual's consumer report from a consumer reporting agency.
 
(Sec. 738) Requires the OMB Director, in coordination with the governor of each Great Lakes state and the Great Lakes Interagency Task Force, to submit to the appropriate authorizing and appropriating congressional committees a financial report, including among other specified items an interagency budget crosscut report displaying the budget proposed, including any planned interagency or intra-agency transfer, for each of the federal agencies that carries out Great Lakes restoration activities.
 
(Sec. 739) Prohibits the use of funds for any federal government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under the Homeland Security Act of 2002, or any subsidiary of such an entity.
 
Requires any Secretary to waive such prohibition if so required in the interest of national security.
 
Exempts contracts entered into before the enactment of this Act or task orders issued pursuant to such contracts.
 
(Sec. 740) Bars the use of funds to implement, administer, enforce, or apply the rule entitled &quot;Competitive Area&quot; published by OPM in the Federal Register on April 15, 2008.
 
(Sec. 741) Amends the Consolidated Appropriations Act, 2010 to require the annual report to OMB by each federal agency (except DOD) of an inventory of service contracts awarded or extended on or after April 1, 2010, to include task orders issued under such contracts.
 
Prohibits executive agencies from beginning, planning for, or announcing a study or public-private competition regarding the conversion to contractor performance of any function performed by federal employees pursuant to OMB Circular A-76, or any other administrative regulation or directive, until after that agency has reported to OMB on actions taken to convert from contractor to federal employee performance functions that are not inherently governmental, closely associated with governmental functions, critical, or should not otherwise be reserved for performance by federal employees.
 
(Sec. 742) Requires a pay increase of 1.4% for federal employees, including civilian employees of DOD and DHS for FY2011.
 
(Sec. 744) Bars the following from receiving a pay rate increase in calendar year 2011: (1) the Vice President; (2) individuals serving in Executive Schedule positions, or in positions for which the rate of pay is fixed by statute at an Executive Schedule rate (applicable only to individuals holding a position in which they serve at the pleasure of the President or other appointing official); (3) chiefs of mission or ambassadors at large; (4) noncareer appointees in the Senior Executive Service (SES); and (5) employees paid a rate of basic pay at or above level IV of the Executive Schedule who serve at the pleasure of the appointing official.
 
 Excludes: (1) employees in the General Schedule pay system or the Foreign Service pay system; and (2) employees appointed under federal law or in another pay system whose position would be classified at GS-15 or below if federal classification of position requirements applied to them.
 
 States that nothing shall prevent employees who do not serve at the pleasure of the appointing official from receiving pay increases.
 
 Excludes from the pay rate increase prohibition: (1) a career SES appointee who receives a presidential appointment and elects to retain SES basic pay entitlements; and (2) a member of Senior Foreign Service who receives a presidential appointment to any position in the executive branch and elects to retain Senior Foreign Service pay entitlements.
 
(Sec. 745) Requires the Comptroller General to study and report to Congress on the feasibility of allowing federal agencies to impose convenience fees, designed to recover the cost to a federal agency of accepting credit card payments, for the use of credit cards by individuals or businesses for the purchase from the agency of goods or services.
 
(Sec. 746) Amends the Federal Trade Commission Act to authorize the FTC to initiate a proceeding against parties to any agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a drug product. Establishes a presumption that any such agreement has anticompetitive effects and is unlawful if the filer of an abbreviated new drug application receives anything of value and agrees to limit or forego research, development, manufacturing, marketing, or sales of the drug product for any period of time. Allows an exception to such presumption if the parties to the agreement demonstrate by clear and convincing evidence, based on specified competitive factors, that the procompetitive benefits of the agreement outweigh the anticompetitive effects.
 
Exempts from the restrictions of this Act a resolution or settlement of a patent infringement claim if the only consideration granted by a new drug application holder to a filer of an abbreviated new drug application is the right to market the drug product in the United States prior to the expiration of any patent that is the basis for the patent infringement claim or any patent right that would prevent the marketing of such drug, a payment for reasonable litigation expenses not exceeding $7.5 million, and a covenant not to sue on any claim that the filer infringes a U.S. patent.
 
Allows review of FTC enforcement orders under this Act in federal court. Imposes civil penalties for violations of this Act.
 
Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to set forth additional filing requirements related to agreements between a brand name drug company and a generic drug applicant. Requires the Chief Executive Officer or the company official responsible for negotiating any agreement to file a certification that materials filed with respect to such agreement are complete, final, and exclusive.
 
Amends the Federal Food, Drug, and Cosmetic Act to provide that forfeiture of the 180-day exclusivity period for the marketing of a generic drug occurs if there is a final decision of the FTC or a court that an agreement has violated this Act.
 
Grants the FTC exclusive authority to litigate matters relating to anticompetitive practices in connection with the sale of generic brand drugs. Establishes a three-year limitation period for bringing FTC enforcement actions (other than cease and desist requests) under this Act. 
 

Title VIII: General Provisions (District of Columbia) 
- Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the District of Columbia Appropriations Act, 2010.
 
(Sec. 804) Prohibits the use of federal funds provided in this Act for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.
 
Allows the District of Columbia to use local funds provided in this title to carry out lobbying activities on any matter.
 
(Sec. 809) Prohibits the use of federal funds contained in this Act by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District.
 
Declares that nothing in this section bars the Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
 
(Sec. 810) Bars the use of federal funds contained in this Act to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.
 
(Sec. 811) Provides that nothing in this Act may be construed to prevent the Council or the Mayor from addressing the issue of the provision of contraceptive coverage by health insurance plans. Expresses the intent of Congress that any legislation enacted on such issue should include a &quot;conscience clause&quot; which provides exceptions for religious beliefs and moral convictions.
 
(Sec. 812) Directs the Mayor of the District of Columbia to report annually to the congressional appropriations committees on: (1) crime; (2) access to substance and alcohol abuse treatment; (3) management of parolees and pretrial violent offenders; (4) education; (5) improvement in basic District services; (6) application for and management of federal grants; (7) indicators of child and family well-being; and (8) employment.
 
(Sec. 813) Prohibits the use of funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative.
 
(Sec. 814) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term, or in cases of rape or incest.
 
(Sec. 815) Requires the CFO to submit to the appropriate congressional committees, the Mayor, and the DC Council, a revised appropriated funds operating budget for all DC government agencies for FY2010: (1) that is in the total amount of the approved appropriation; and (2) that realigns all budgeted data for personal and non-personal services, respectively, with anticipated actual expenditures.
 
 Applies this requirement only to an agency where the CFO certifies that a reallocation is required to address unanticipated changes in program requirements.
 
 (Sec. 816) Requires the CFO to submit to such entities, a revised appropriated funds operating budget for the DC Public Schools that aligns schools budgets to actual enrollment. 
 
(Sec. 817) Allows the transfer of amounts appropriated in this Act as operating funds to the District's enterprise and capital funds. Requires such transferred amounts to retain appropriation authority consistent with this Act.
 
(Sec. 818) Requires the Director of the District of Columbia Public Defender Service for FY2011, and each ensuring fiscal year, to provide representation for and hold harmless, or provide liability insurance for, any employee, member of the Board of Trustees, or officer of the Service for money damages arising out of any claim, proceeding, or case at law relating to the furnishing of representational services or management services or related services while acting within the scope of that person's office or employment.
 
 (Sec. 819) Amends the District of Columbia Appropriations Act, 2005 to change from biennial to once every five years the Comptroller General's required management evaluation of the District of Columbia Chartering Authorities for the District of Columbia Public Charter Schools.


Legislative actions:
action_date: 2010-07-29
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 497.
action_date: 2010-07-29
text: Committee on Appropriations. Original measure reported to Senate by Senator Durbin. With written report No. 111-238.
action_date: 2010-07-29
text: Committee on Appropriations. Original measure reported to Senate by Senator Durbin. With written report No. 111-238.
action_date: 2010-07-29
text: Introduced in Senate
action_date: 2010-05-20
text: Committee on Appropriations Senate Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-817.
action_date: 2010-04-28
text: Committee on Appropriations Senate Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-817.
action_date: 2010-04-14
text: Committee on Appropriations Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-817.
action_date: 2010-03-24
text: Committee on Appropriations Senate Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-817.
action_date: 2010-03-18
text: Committee on Appropriations Senate Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-817.