Bill 112-HR-2434 — Government Operations / General
Subject: Economics and public finance

Financial Services and General Government Appropriations Act, 2012 - Title I: Department of the Treasury - Makes appropriations for FY2012 to the Department of the Treasury for: (1) departmental offices, (2) the Office of Terrorism and Financial Intelligence, (3) the Office of Inspector General, (4) the Treasury Inspector General for Tax Administration, (5) 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, plus a permanent rescission of certain funds from the Treasury Forfeiture Fund. (Sec. 101) Prohibits the Board of Governors of the Federal Reserve from transferring, during FY2012, more than $200 million to the Consumer Financial Protection Bureau (CFPB) for any activities authorized to be carried out under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). Limits the CFPB's obligations for FY2012 for such activities to such amount. (Sec. 102) Prohibits the Federal Reserve Board from transferring, during FY2013, amounts specified under the Act to the CFPB. Authorizes appropriations for FY2013 to the CFPB as are necessary to carry out its authorities under federal consumer financial law. (Sec. 104) 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. 106 ) 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. 107) Bars the use of IRS funds made available by this Act to implement or enforce requirements under the Internal Revenue Code and the Patient Protection and Affordable Care Act (PPACA) regarding: (1) mandatory minimum essential health insurance coverage for certain individuals, (2) filing of informational returns by providers of minimum essential health insurance coverage identifying such individuals, and (3) notification to unenrolled individuals of information on services available through their state American Health Benefit Exchange. (Sec. 108) Prohibits the transfer of PPACA funds or of the Health Care and Education Reconciliation Act of 2010 (HCERA) to the IRS to carry out any provisions of, or amendments made by, such Acts. (Sec. 109) Requires the Secretary of the Treasury to report to specified congressional committees on the implementation, enforcement, administration, or finalization of regulations based on or pursuant to a specified Notice of Proposed Rulemaking by the IRS regarding guidance on reporting requirements for interest on deposits maintained at U.S. offices of certain financial institutions and paid to nonresident aliens. (Sec. 114) 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. 116) 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. 117) 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. 118) 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. 119) 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. 120) 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. 121) Makes permanent the Secretary of the Treasury's authority to enter into a contract to manufacture distinctive paper for U.S. currency and securities. (Sec. 122) Requires any person who forwards to the Bureau of Engraving and Printing a mutilated paper currency claim equal to or exceeding $10,000 for redemption to provide the Bureau a taxpayer identification number (TIN). (Sec. 123) Requires the Director of the Financial Crimes Enforcement Network to furnish certain research, analytical, and informational services to appropriate foreign as well as federal regulatory agencies with regard to financial institutions. (Sec. 124) Prohibits any person the Secretary of the Treasury may prescribe by regulation who knows that a financial institution or one of its officers, directors, employees, or agents has reported a suspicious transaction from disclosing to any person involved in the transaction that it has been reported. (Sec. 125) Exempts certain reports on monetary instruments, and records of them, from disclosure requirements under state law having or intended to have a similar effect as the Freedom of Information Act (FOIA). (Sec. 126) Limits FY2012 Financial Research Fund obligations to $72 million for activities authorized by Dodd-Frank. Allocates up to $64.468 million of such funds for the Office of Financial Research. (Sec. 127) Limits the Secretary's obligations for FY2012 to $200 million for the administrative expenses of the Office of Financial Stability for carrying out TARP. (Sec. 128) Requires any clerk of a federal or state criminal court who receives more than $10,000 in cash as bail for any individual charged with a specified criminal offense to file a report with the Financial Crimes Enforcement Network. (Sec. 129) Amends the Emergency Economic Stabilization Act of 2008 to terminate the Secretary's authority to provide new assistance under the Home Affordable Modification Program (HAMP) under the Making Home Affordable initiative on behalf of homeowners. Title II: Executive Office of the President and Funds Appropriated to the President - 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) integrated, efficient, and effective uses of information technology in the federal government; and (8) special assistance to the President and the official residence of the Vice President. Sets forth certain transfers of funds. (Sec. 202) Rescinds specified unobligated balances of prior year appropriations made available for the Counterdrug Technology Assessment Center. (Sec. 203) Bars the use of funds made available by this Act to pay the salaries and expenses of any officer or employee of the Executive Office of the President to prepare, sign, or approve statements abrogating legislation passed by both chambers and signed by the President. (Sec. 204) Requires the Director of OMB to submit to congressional appropriations committees: (1) a quarterly report on the implementation of Executive Order 13563 (relating to Improving Regulation and Regulatory Review), and (2) a report on the costs of implementing Dodd-Frank. Title III: The Judiciary - 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; and (9) the U.S. Sentencing Commission. Sets forth certain transfers of funds. (Sec. 305) 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. 306) Amends the Judicial Improvement Act of 1990 to prohibit the filling of 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. (In effect lengthens to 21 years the period of the respective temporary judgeship in such district.) (Sec. 307) Rescinds specified unobligated balances of prior year appropriations made available for the U.S. Sentencing Commission. (Sec. 308) Requires the President to submit to Congress, without change, proposed deficiency and supplemental appropriations submitted to him by the legislative and judicial branch. Title IV: District of Columbia - 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 Criminal Justice Coordinating Council; (8) to the Commission on Judicial Disabilities and Tenure and the Judicial Nomination Commission; (9) for school improvement; and (10) for the DC National Guards. 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 Consumer Product Safety Commission (CPSC); (3) the Election Assistance Commission, including election reform programs; (4) the Federal Communication Commission (FCC); (5) the Federal Deposit Insurance Corporation (FDIC), for its Office of Inspector General; (6) the Federal Election Commission (FEC); (7) the Federal Labor Relations Authority (FLRA); (8) the Federal Trade Commission (FTC); (9) the General Services Administration (GSA); (10) government-wide policy activities and operating expenses; (11) the GSA Office of Inspector General; (12) the Office of Citizen Services; (13) allowances and office staff for former presidents; (14) the Harry S Truman Scholarship Foundation; (15) the Merit Systems Protection Board; (16) Morris K. Udall and Stewart L. Udall Foundation; (17) the National Archives and Records Administration (NARA), including the Office of Inspector General; (18) the National Historic Publications and Records Commission grants program; (19) the Credit Union Community Development Revolving Loan Fund; (20) the Office of Government Ethics; (21) the Office of Personnel Management (OPM), including the Office of Inspector General; (22) the Office of Special Counsel; (23) the Postal Regulatory Commission; (24) the Recovery Accountability and Transparency Board; (25) the Securities and Exchange Commission (SEC); (26) the Selective Service System; (27) the Small Business Administration (SBA), including the Office of Inspector General and the Office of Advocacy; (28) the U.S. Postal Service, including the Office of Inspector General; and (29) the U.S. Tax Court. Sets forth certain transfers of funds. (Sec. 506) 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. 507) Requires GSA to report to specified congressional committees a detailed description of each program, project, or activity that is funded by GSA appropriations but is not under GSA control or direction, in statute or in practice. (Sec. 508) Rescinds specified amounts made available to GSA in prior years for policy and operations 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. 510) Amends the Small Business Act to extend from 3 to 7 years the maximum term of SBA disaster loans commencing on or after October 1, 1982. (Sec. 511) Requires the SBA budget request, beginning in FY2013, to provide a detailed justification of any proposed changes from the enacted level by individual appropriation. 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) Prohibits the availability of funds appropriated by this Act to pay for an abortion, or the administrative expenses in connection with any health plan under the federal employees health benefits program (FEHBP) which provides any benefits or coverage for abortions, unless the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest. (Sec. 615) 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. 616) 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. 617) Rescinds specified unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board. (Sec. 618) 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. 619) 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. 620) Prohibits the use of funds made available by this Act to carry out Internal Revenue Code requirements regarding the Presidential Campaign Fund or the Presidential Primary Matching Payment Account. (Sec. 621) Bars the use of funds made available by this Act to implement the Report and Order of the FCC relating to the matter of preserving the open Internet and broadband industry practices. (Sec. 622) None of the funds made available by this Act may be used to carry out any of the publicly available consumer product safety information database under the Consumer Product Safety Act. (Sec. 623) Prohibits, during FY2012, the obligation of funds from the SEC Reserve Fund established by Dodd-Frank. (Sec. 624) Requires the Comptroller General to analyze the benefits and costs of the Consumer Product Safety Improvement Act of 2008, including both quantitative and qualitative measures, both market and nonmarket. (Sec. 625) Nullifies the force and effect of specified federal regulations with respect to broadcast and cable telecommunications regarding the Fairness Doctrine, cable personal attacks, and political editorials. Requires FCC, by notice in the Federal Register, to take necessary action to remove them from the Code of Federal Regulations (CFR). (These rules were removed by the FCC on September 9, 2011.) (Sec. 626) Requires the Department of the Treasury, the Executive Office of the President, the Judiciary, the FCC, the FTC, GSA, the NARA, the SEC, and SBA to provide specified congressional committees on appropriations a quarterly accounting of the cumulative balances of any unobligated funds received during any previous fiscal year. (Sec. 627) Requires specified federal agencies to report to the congressional appropriations committees on: (1) increasing public participation in the rulemaking process and reducing uncertainty; (2) improving coordination with other federal agencies to eliminate redundant, inconsistent, and overlapping regulations; and (3) identifying existing regulations that have been reviewed and determined to be outmoded, ineffective, or excessively burdensome. (Sec. 628) Appropriates amounts required under current law for the following activities: (1) compensation of the President; (2) payments to the Judicial Officers' Retirement Fund, the Judicial Survivors' Annuities Fund, and the U.S. Court of Federal Claims Judges' Retirement Fund; (3) payment of federal contributions for the health benefits of retired employees and for the life insurance benefits for employees retiring after December 31, 1989; (4) payment to finance the unfunded liability of new and increased annuity benefits under the Civil Service Retirement and Disability Fund; (5) payment of certain annuities authorized to be paid from the Civil Service Retirement and Disability Fund other than by the Federal Employees' Retirement System (FERS) or the Civil Service Retirement System (CSRS). (Sec. 629) Requires an executive agency covered by this Act to consult with GSA before issuing a solicitation for offers of new leases or construction contracts, and in the case of succeeding leases, before entering into negotiations with the current lessor. Authorizes any such agency with authority to enter into an emergency lease to do so during any period for which the President requires emergency leasing authority. (Sec. 630) Prohibits the use of funds made available in this Act to implement or enforce the ban of Consumer Product Safety Improvement Act of 2008 against lead in children's toys in regards to off-highway vehicles and bicycles. (Sec. 631) Prohibits the use of FTC funds made available in this Act to complete the draft report entitled "Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts" unless such Working Group complies with Executive Order 13563 ("Improving Regulation and Regulatory Review"). (Sec. 632) Bars the use of funds to pay the salaries and expenses for the following positions, or any substantially similar positions: (1) White House Director of the Office of Health Reform, (2) Assistant to the President for Energy and Climate Change, (3) Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy, and (4) White House Director of Urban Affairs. (Sec. 633) Prohibits the use of FCC funds made available in this Act to remove the conditions imposed on commercial terrestrial operations in the Order and Authorization adopted by the FCC on January 26, 2011 (DA 11-133), or otherwise permit such operations, until it has resolved concerns of potential widespread harmful interference by such commercial terrestrial operations with commercially available Global Positioning System (GPS) devices. 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. 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) Declares that the United States is committed to: (1) ensuring the health of its Olympic, Pan American, and Paralympic athletes; and (2) supports the strict adherence to antidoping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities. (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 approval of such transfer. (Sec. 733) 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. 734) 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. 735) Bars the use of funds in contravention of the Privacy Act or regulations concerning protection of privacy and freedom of information. (Sec. 736) 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. 737) 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. 738) Bars the use of funds to recommend or require any entity submitting an offer for a federal contract, or otherwise participating in federal acquisition of property or services, to disclose specified information regarding contributions or expenditures with respect to a federal election as a condition of such offer or acquisition. (Sec. 740) Prohibits the use of funds made available by this Act to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation: (1) with an unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; or (2) convicted of a felony criminal violation under any federal law within the preceding 24 months. (Sec. 742) Prohibits the expenditure of funds made available by this Act for any new hire by any federal agency funded in this Act that is not verified through the E-Verify Program established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 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. 802) 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. (Sec. 806) 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. 807) Bars the use of federal funds contained in this Act for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. (Sec. 808) 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. 809) 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. 810) 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. 813) 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. Title IX: Additional General Provisions - (Sec. 901) Repeals any amendment made after January 19, 2009, to federal regulations regarding travel-related transactions to, from, and within Cuba by persons subject to U.S. jurisdiction, persons visiting members of their immediate family in Cuba, and remittances to nationals. Restores the regulations formerly in effect on January 19, 2009. Requires them to be carried out notwithstanding any guidelines, opinions, letters, presidential directives, or agency practices relating to them. (Sec. 902) Establishes a spending reduction account consisting of the amount by which the applicable allocation of new budget authority made by the House Committee on Appropriations exceeds the amount of proposed new budget authority. Makes such amount $0.00.