Financial Services and General Government Appropriations Act, 2012

Bill: 112-s-1573
Sponsor: Sen. Durbin, Richard J. [D-IL]
Introduced: 2011-09-15 in the Senate
Policy area: Economics and Public Finance
Subjects: Administrative Conference of the U.S.
Alternative dispute resolution, mediation, arbitration
Appropriations
Aquatic ecology
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
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 corporations and government-sponsored enterprises
Government employee pay, benefits, personnel management
Government lending and loan guarantees
Great Lakes
Health care costs and insurance
Income tax credits
Internal Revenue Service (IRS)
Judges
Judicial procedure and administration
Law enforcement administration and funding
Lawyers and legal services
Legal fees and court costs
Merit Systems Protection Board
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
Presidents and presidential powers, Vice Presidents
Product safety and quality
Public contracts and procurement
Securities and Exchange Commission (SEC)
Selective Service System
Small Business Administration
Specialized courts
State and local courts
State and local finance
Student aid and college costs
Supreme Court
Tax administration and collection, taxpayers
U.S. Postal Service
U.S. Sentencing Commission
Water quality

Summary:
action_date: 2011-09-15
text: 
Financial Services and General Government Appropriations Act, 2012 - Makes appropriations for FY2012 for financial services and general government. 
 
Department of the Treasury Appropriations Act, 2012 - Makes appropriations for FY2012 for the Department of the Treasury and its agencies, including the offices of the Inspectors General, the Internal Revenue Service (IRS), the United States Mint, and the Bureau of Public Debt.
 
Executive Office of the President Appropriations Act, 2012 - Makes appropriations for FY2012 for the Executive Office of the President, the White House, the Official Residence of the Vice-President, the Council of Economic Advisers, the National Security Council and Homeland Security Council, the Office of Management and Budget (OMB), the Office of National Drug Control Policy, and other drug control programs.
 
Judiciary Appropriations Act, 2012 - Makes appropriations for FY2012 for the judiciary, including the Supreme Court, the Courts of Appeals, the Court of International Trade, District Courts, the Administrative Office of the United States Courts, the Federal Judicial Center, judicial retirement funds, and the United States Sentencing Commission.
 
District of Columbia Appropriations Act, 2012 - Makes appropriations for FY2012 for the District of Columbia. 
 
Makes appropriations for FY2012 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 Office of Citizen Services and Innovative Technologies, (13) allowances and office staff for former presidents, (14) the Harry S Truman Scholarship Foundation, (15) the Merit Systems Protection Board, (16) the Morris K. Udall and Stewart L. Udall Foundation, (17) the National Archives and Records Administration (NARA), (18) the National Credit Union Administration (NCUA), (19) the Office of Government Ethics, (20) the Office of Personnel Management (OPM), (21) the Office of Inspector General, (22) the Office of Special Counsel, (23) the Postal Regulatory Commission, (24) the Privacy and Civil Liberties Oversight Board, (25) the Recovery Accountability and Transparency 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 (USPS), 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: 2011-09-15
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Financial Services and General Government Appropriations Act, 2012 - 
Title I: Department of the Treasury
 - Department of the Treasury Appropriations Act, 2012 - Makes appropriations for FY2012 to the Department of the Treasury for: (1) departmental offices, (2) the Office of Inspector General, (3) the Treasury Inspector General for Tax Administration, (4) the Special Inspector General for the Troubled Asset Relief Program (TARP), (5) the Financial Crimes Enforcement Network, (6) the Financial Management Service, (7) the Alcohol and Tobacco Tax and Trade Bureau, (8) the U.S. Mint for the U.S. Mint Public Enterprise Fund, (9) the Bureau of the Public Debt, (10) the Community Development Financial Institutions Fund Program Account, (11) the Internal Revenue Service (IRS), and (12) the health insurance tax credit implementation.
 
Sets forth certain transfers of funds, plus a rescission of certain funds from the Treasury Forfeiture Fund.
 
(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 made available in this Act to enter into, renew, extend, administer, implement, enforce, or provide oversight of any qualified tax collection contract.
 
(Sec. 110) 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. 112) Extends from 12 to 14 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. 113) Prohibits the U.S. Mint from using any federal funds to construct or operate any museum without the explicit approval of specified congressional committees.
 
(Sec. 114) Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without the explicit approval of the same congressional committees.
 
(Sec. 115) 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 FY2012, until the enactment of the Intelligence Authorization Act for FY2012.
 
(Sec. 116) 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. 117) Requires the Secretary of the Treasury to submit a Capital Investment Plan to congressional appropriations committees within 30 days after the submission of the President's annual budget. 
 

T

itle II: Executive Office of the President and Funds Appropriated to the President
 - Executive Office of the President Appropriations Act, 2012 - Makes appropriations for FY2012 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, (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) unanticipated needs, and (8) special assistance to the President and the official residence of the Vice President.
 
Sets forth certain transfers of funds.
 
(Sec. 202) Requires the Director of the Office of National Drug Control Policy to submit to the congressional appropriations committees, within 60 days after the enactment of this Act, and before the initial obligation of more than 20% of the funds appropriated in any account for the Office, a detailed narrative and financial plan on the proposed uses of all funds under the account by program, project, and activity.
 
(Sec. 203) Limits the availability of appropriations to such Office in this Act to: (1) a 2% transfer between appropriated programs upon the advance approval of the congressional appropriations committees; and (2) up to $1 million for reprogramming within a program, project, or activity upon such approval.
 
 (Sec. 205) Rescinds specified unobligated balances of prior year appropriations made available for the Counterdrug Technology Assessment Center. 

 Title III: The Judiciary
 - Judiciary Appropriations Act, 2012 - Makes appropriations to the Judiciary for FY2012 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. 304) Requires the Administrative Office of the U.S. Courts to submit to the congressional appropriations committees a comprehensive financial plan for the Judiciary allocating all sources of available funds including appropriations, fee collections, and carryover balances, to include a separate and detailed plan for the Judiciary Information Technology Fund, establishing the baseline for application of reprogramming and transfer authorities for the current fiscal year.
 
(Sec. 306) Requires the U.S. Marshals Service to provide, as a pilot program, specified security services (except investigations) for courthouses which federal law authorizes the Department of Homeland Security (DHS) to provide.
 
(Sec. 307) Amends the Judicial Improvement Act of 1990 to prohibit the filling of: (1) the first vacancy in the office of district judge in the district of Kansas occurring 21 (currently, 20) years or more after the confirmation date of the judge named to fill the temporary judgeship, and (2) the first vacancy in such office in the district of Hawaii occurring 18 (currently, 17) years or more after such confirmation date. (In effect lengthens by one year the period of the respective temporary judgeships in such districts.) 
 

Title IV: District of Columbia
 - District of Columbia Appropriations Act, 2012 - Makes appropriations to the District of Columbia for FY2012, 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 District of Columbia Water and Sewer Authority, (8) to the Criminal Justice Coordinating Council, (9) to the Commission on Judicial Disabilities and Tenure and the Judicial Nomination Commission, (10) for school improvement, and (11) for the DC National Guard.
 
Requires certain funds appropriated for operating expenses to be subject to specified proposals of the Fiscal Year 2012 Proposed Budget and Financial Plan submitted to Congress by the District of Columbia.
 

Title V: Independent Agencies
 - Makes appropriations for FY2012 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 (EAC), including election reform programs; (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) government-wide policy activities and operating expenses; (13) the GSA Office of Inspector General; (14) the Office of Citizen Services and Innovative Technologies; (15) allowances and office staff for former presidents; (16) the Harry S Truman Scholarship Foundation; (17) the Merit Systems Protection Board; (18) Morris K. Udall and Stewart L. Udall Foundation; (19) the Environmental Dispute Resolution Fund; (20) the National Archives and Records Administration (NARA), including the Office of Inspector General; (21) the National Historic Publications and Records Commission grants program; (22) the National Credit Union Administration (NCUA); (23) the credit union Community Development Revolving Loan Fund; (24) the Office of Government Ethics; (25) the Office of Personnel Management (OPM), including the Office of Inspector General; (26) the government payment for annuitants, employee health benefits, employee life insurance, and the Civil Service Retirement and Disability Fund; (27) the Office of Special Counsel; (28) the Postal Regulatory Commission; (29) the Privacy and Civil Liberties Oversight Board; (30) the Recovery Accountability and Transparency Board; (31) the Securities and Exchange Commission (SEC); (32) the Selective Service System; (33) the Small Business Administration (SBA), including the Office of Inspector General and the Office of Advocacy; (34) the U.S. Postal Service, including the Office of Inspector General; and (35) the U.S. Tax Court.
 
Sets forth certain transfers of funds.
 
(Sec. 501) Amends the Consumer Product Safety Act to authorize the CPSC Chairman to provide to officers and employees, who are appointed or assigned by CPSC to serve abroad, travel benefits similar to those authorized for certain members of the Foreign Service of the United Service.
 
(Sec. 502) Authorizes the CPSC to require a manufacturer, or class of manufacturers, offering a consumer product for import to designate an agent in the United States on whom service of notices and process in administrative and judicial proceedings may be made.
 
(Sec. 503) Requires the CPSC to promulgate as a final consumer product safety standard: (1) one requiring button cell battery compartments of battery-operated or assisted consumer products to be secured in a manner that reduces access to button cell batteries by children age three or younger; and (2) standards requiring related warning labels for literature, packaging, and the products themselves.
 
 
(Sec. 504) Requires the Comptroller General to analyze: (1) the potential safety risks associated with new and emerging consumer products; (2) the extent to which manufacturers comply with voluntary industry standards for consumer products, particularly with respect to inexpensive, imported ones; (3) whether there are consequences for such manufacturers for failing to comply with such standards, and whether the CPSC has the authority and the ability to require compliance with them; and (4) whether there are patterns of non-compliance with such standards among certain types of products or certain types of manufacturers.
 
(Sec. 505) Requires the CPSC to: (1) assess the effectiveness of the ANSI/WCMA A100.1-2010 safety standard for window coverings; and (2) promulgate a revised or more stringent window covering safety standard if it would eliminate the strangulation risk posed by corded window coverings.
 
(Sec. 510) Amends the Universal Service Antideficiency Temporary Suspension Act to extend through December 31, 2013, the waiver of certain limitations on: (1) expending, obligating, or apportioning appropriations with respect to the collection or receipt of federal universal service contributions under the Communications Act of 1934; and (2) expending or obligating funds attributable to such contributions for universal service support programs.
 
(Sec. 511) 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. 525) Requires GSA, if specified congressional committees adopt a resolution granting lease authority pursuant to a specified GSA prospectus, to ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements.
 
(Sec. 527) Authorizes the GSA Administrator to release, through a deed of release or other appropriate instrument, to Tracy, California the reversionary interests retained by the United States, and all other terms, conditions, reservations, and restrictions imposed, in connection with a specified conveyance of property to San Joaquin County, California.
 
 
(Sec. 528) Rescinds specified amounts made available to GSA in prior years for the maintenance, protection, and disposal of the U.S. Coast Guard Service Center at Governor's Island, NY, and the Lorton Correctional Facility in Lorton, VA.
 
(Sec. 529) Requires GSA to report to specified congressional committees a detailed description of each program, project, or activity funded by GSA appropriations that is not under GSA control or direction in statute or in practice.
 

 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 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) Authorizes the Public Company Accounting Oversight Board to obligate funds for the scholarship program established by the Sarbanes-Oxley Act of 2002 in an aggregate amount not exceeding the amount of funds collected by the Board as of December 31, 2011, including accrued interest, resulting from the assessment of monetary penalties. Requires funds available for obligation in FY2012 to remain available until expended.
 
(Sec. 616) Rescinds specified unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board.
 
(Sec. 617) Permits 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) Requires the President to transmit promptly to Congress, without change, proposed deficiency and supplemental appropriations submitted to the President by the legislative and the judicial branches.
 
(Sec. 619) Amends the Abraham Lincoln Commemorative Coin Act to change from the Abraham Lincoln Bicentennial Commission to the Abraham Lincoln Bicentennial Foundation the name of the recipient of all surcharges received from the sale of coins issued under the Act.
 
(Sec. 620) Interprets, during FY2012, the term "payment of cash in advance" 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.
 
(Sec. 621) Amends the Help America Vote Act of 2002 to require the EAC to post on its website, upon receipt, a state's plan for local distribution of EAC payments for activities to meet certain voting systems standards requirements. Requires publication in the Federal Register of notice by a state before it: (1) files its statement of certification; and (2) makes material changes in the administration of its plan.
 
(Sec. 622) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 with respect to assessment and collection of FTC filing fees.
 
persons acquiring voting securities or assets who are required to file premerger notifications. Increases a filing fee from $45,000 to $60,000
 
Increases FTC filings fees for persons required to file premerger notification reports by the Hart-Scott-Rodino Antitrust Improvement Act of 1976.
 
Requires the FTC, during FY2013 and ensuing fiscal years, to publish in the Federal Register, and increase the amount of, each such filing fee to reflect the percentage change in the gross national product (GNP) for the fiscal year as compared to the GNP for FY2011. Requires the FTC to round any increase in the filing fee to the nearest $5,000. Bars the FTC from: (1) increasing the filing fees if the increase in the GNP is less than 1%, or (2) decreasing them.
 
(Sec. 623) Prohibits the availability of funds to convey the headquarters building of the FTC (located at 600 Pennsylvania Avenue NW, DC) to any entity unless the GSA Administrator makes a final determination that such transaction is made in the best interest of the taxpayer. 
(Sec. 624) Prohibits the President from restricting direct transfers from a Cuban financial institution to a U.S. financial institution executed in payment for a product authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000. 

 Title VII: General Provisions Government-Wide
 - 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. 710) Prohibits the use of FY2012 funds to pay any prevailing rate employee in a federal agency in an amount exceeding specified limits related to an applicable wage survey adjustment. 
 
(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: (1) implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program; or (2) implement proposed OPM regulations 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 FY2012, 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 explicit approval of such transfer. 
 
(Sec. 733) Requires the head of each appropriate executive department and agency to transfer to, or reimburse, the U.S. Fish and Wildlife Service, upon the direction of OMB, available funds for the Service to administer to ensure its uninterrupted, continuous operation of the Midway Atoll Airfield pursuant to a specified agreement with the Federal Aviation Administration (FAA) for the entirety of FY2012 and any period thereafter before enactment of the Financial Services and General Government Appropriations Act, 2013.
 
(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 OMB, 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 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 revise requirements for service contract inventories by executive agencies to: (1) include task orders issued under such contracts in their annual congressional report on inventories, (2) modify contract inventory contents to use direct labor hours and associated cost data collected from contractors, and (3) require each agency head (or designee) to ensure that contracts exclude, to the maximum extent practicable, functions that are closely associated with inherently governmental functions.
 
Prohibits an executive agency 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 OMB to issue guidance to prohibit the use of direct conversions to contract out, in whole or in part, activities or functions last performed by any number of federal employees by an executive agency without first conducting a public-private competition. 
(Sec. 743) Requires for each employee, during FY2012, who retires under voluntary early retirement authority (VERA) of the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) or under any other CSRS or FERS requirement and receives a voluntary separation incentive payment (VISP), that the separating agency remit to the Civil Service Retirement and Disability Fund an amount equal to OPM's average unit cost of processing a retirement claim for the preceding year. 
(Sec. 744) Requires federal employees in each executive agency, except the Department of Defense (DOD), to be managed each fiscal year solely on the basis of and consistent with: (1) the workload required to carry out the functions and activities of that agency, and (2) the funds made available to that agency for that fiscal year. 
Declares that the management of federal employees in any fiscal year shall not be subject to any limitation in terms of work years, full-time equivalent (FTE) positions, or maximum number of federal employees. 
 Prohibits an agency from being required to make a reduction in the number of FTE positions unless that reduction is: (1) necessary due to a reduction in funds available to the agency; or (2) required under a statute enacted after the enactment of this Act which specifically refers to this requirement. 
Requires each executive agency (except DOD) to ensure that federal employees are employed during each fiscal year in the number and with the combination of skills and qualifications necessary to carry out the functions within the applicable budget activity for which funds are provided for that fiscal year. 
 

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, 2011.
 
(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.
 
Authorizes 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 to prevent 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 "conscience clause" which provides exceptions for religious beliefs and moral convictions.
 
(Sec. 812) Directs the Mayor of the District of Columbia to report annually to specified congressional committees on: (1) crime; (2) access to substance and alcohol abuse treatment; (3) education; (4) improvement in basic District services; and (5) application for and management of federal grants.
 
(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. 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 FY2012, and each ensuing 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 every two years to every five years the interval between mandatory management evaluations by the Comptroller General of the District of Columbia Chartering Authorities for the District of Columbia Public Charter Schools. Requires the evaluation to include the actual budget expenditures for the preceding five (currently, two) fiscal years.


Legislative actions:
action_date: 2011-09-15
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 171.
action_date: 2011-09-15
text: Committee on Appropriations. Original measure reported to Senate by Senator Durbin. With written report No. 112-79.
action_date: 2011-09-15
text: Committee on Appropriations. Original measure reported to Senate by Senator Durbin. With written report No. 112-79.
action_date: 2011-09-15
text: Introduced in Senate
action_date: 2011-06-08
text: Committee on Appropriations Senate Subcommittee on Financial Service and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 112-301.
action_date: 2011-05-25
text: Committee on Appropriations Senate Subcommittee on Financial Service and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 112-301.
action_date: 2011-05-04
text: Committee on Appropriations Senate Subcommittee on Financial Service and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 112-301.
action_date: 2011-04-05
text: Committee on Appropriations Senate Subcommittee on Financial Service and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 112-301.