Display Version Placed on Calendar Senate

S 3301 PCSCommentsClose CommentsPermalink

Calendar No. 429CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3301CommentsClose CommentsPermalink

[Report No. 112-177]CommentsClose CommentsPermalink

Making appropriations for financial services and general government for the fiscal year ending September 30, 2013, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 14, 2012CommentsClose CommentsPermalink

Mr. DURBIN, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendarCommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

Making appropriations for financial services and general government for the fiscal year ending September 30, 2013, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for financial services and general government for the fiscal year ending September 30, 2013, and for other purposes, namely:CommentsClose CommentsPermalink

TITLE I

DEPARTMENT OF THE TREASURY

Departmental Offices

salaries and expenses

For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business, $301,216,000, including for terrorism and financial intelligence activities; executive direction program activities; international affairs and economic policy activities; domestic finance and tax policy activities; and Treasury-wide management policies and programs activities: Provided, That of the amount appropriated under this heading, not to exceed $3,000,000, to remain available until September 30, 2014, is for information technology modernization requirements; not to exceed $350,000 is for official reception and representation expenses; and not to exceed $258,000 is for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate: Provided further, That of the amount appropriated under this heading, $6,787,000, to remain available until September 30, 2014, is for the Treasury-wide Financial Statement Audit and Internal Control Program: Provided further, That of the amount appropriated under this heading, $500,000, to remain available until September 30, 2014, is for secure space requirements: Provided further, That of the amount appropriated under this heading, up to $3,400,000, to remain available until September 30, 2015, is to develop and implement programs within the Office of Critical Infrastructure Protection and Compliance Policy, including entering into cooperative agreements: Provided further, That notwithstanding any other provision of law, of the amount appropriated under this heading, up to $1,000,000 may be contributed to the Organization for Economic Cooperation and Development for the Department’s participation in programs related to global tax administration.CommentsClose CommentsPermalink

Department-Wide Systems and Capital Investments Programs

(including transfer of funds)

For development and acquisition of automatic data processing equipment, software, and services for the Department of the Treasury, $7,108,000, to remain available until September 30, 2015: Provided, That these funds shall be transferred to accounts and in amounts as necessary to satisfy the requirements of the Department’s offices, bureaus, and other organizations: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated under this heading shall be used to support or supplement ‘Internal Revenue Service, Operations Support’ or ‘Internal Revenue Service, Business Systems Modernization’.CommentsClose CommentsPermalink

office of inspector general

salaries and expenses

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $29,641,000, of which not to exceed $2,000,000 shall be available for official travel expenses, including hire of passenger motor vehicles; of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury; and of which not to exceed $2,500 shall be available for official reception and representation expenses.CommentsClose CommentsPermalink

treasury inspector general for tax administration

salaries and expenses

For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978, including purchase (not to exceed 150 for replacement only for police-type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be determined by the Inspector General for Tax Administration; $153,834,000, of which not to exceed $500,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General for Tax Administration; and of which not to exceed $1,500 shall be available for official reception and representation expenses.CommentsClose CommentsPermalink

special inspector general for the troubled asset relief program

salaries and expenses

For necessary expenses of the Office of the Special Inspector General in carrying out the provisions of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343), $40,225,000.CommentsClose CommentsPermalink

Financial Crimes Enforcement Network

salaries and expenses

For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial regulation; not to exceed $14,000 for official reception and representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $108,307,000, of which not to exceed $34,335,000 shall remain available until September 30, 2015: Provided, That funds appropriated in this account may be used to procure personal services contracts.CommentsClose CommentsPermalink

Treasury Forfeiture Fund

(rescission)

Of the unobligated balances available under this heading, $950,000,000 are rescinded.CommentsClose CommentsPermalink

Alcohol and Tobacco Tax and Trade Bureau

salaries and expenses

For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $100,378,000; of which not to exceed $6,000 for official reception and representation expenses; not to exceed $50,000 for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, That of the amount appropriated under this heading, $2,000,000 shall be for the costs of special law enforcement agents to target tobacco smuggling and other criminal diversion activities.CommentsClose CommentsPermalink

United States Mint

united states mint public enterprise fund

Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, including both operating expenses and capital investments. The aggregate amount of new liabilities and obligations incurred during fiscal year 2013 under such section 5136 for circulating coinage and protective service capital investments of the United States Mint shall not exceed $19,000,000.CommentsClose CommentsPermalink

Fiscal Service

salaries and expenses

For necessary expenses of operations of the Fiscal Service, not including expenses of Departmental Offices, $360,531,000; of which not to exceed $4,210,000, to remain available until September 30, 2015, is for information systems modernization initiatives; of which not less than $5,000,000 is to reduce improper payments; and of which $5,000 shall be available for official reception and representation expenses: Provided, That the sum appropriated herein from the general fund for fiscal year 2013 shall be reduced by not more than $1,000,000 as definitive security issue fees and Legacy Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 2013 appropriation from the general fund estimated at $359,531,000. In addition, $165,000, to be derived from the Oil Spill Liability Trust Fund to reimburse administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101-380.CommentsClose CommentsPermalink

Community Development Financial Institutions Fund Program Account

To carry out the Community Development Banking and Financial Institutions Act of 1994 (Public Law 103-325), including services authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for EX-3, notwithstanding section 4707(e) of title 12, United States Code with regard to Small and/or Emerging Community Development Financial Institutions Assistance awards, $233,000,000, to remain available until September 30, 2014; of which $12,000,000 shall be for financial assistance, technical assistance, training and outreach programs, designed to benefit Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, tribes and tribal organizations and other suitable providers; of which, notwithstanding sections 4707(d) and 4707(e) of title 12, United States Code, up to $25,000,000 shall be for a Healthy Food Financing Initiative to provide financial assistance, training, and outreach to community development financial institutions for the purpose of offering affordable financing and technical assistance to expand the availability of healthy food options in distressed communities; of which up to $20,000,000 shall be for initiatives designed to enable individuals with low or moderate income levels to establish bank accounts and to improve access to the provision of bank accounts as authorized by sections 1204 and 1205 of Public Law 111-203; of which $18,000,000 shall be for the Bank Enterprise Award program; of which up to $23,047,000 may be used for administrative expenses, including administration of the New Markets Tax Credit Program and the CDFI Bond Guarantee Program, $2,000,000 to enhance the capacity building initiative, and up to $300,000 for the direct loan program; and of which up to $8,337,500 may be used for the cost of direct loans: Provided, That the cost of direct and guaranteed loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $25,000,000: Provided further, That amounts provided under this heading shall be available for the cost of guarantees pursuant to and as authorized by section 114A of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.): Provided further, That funds for the cost of guarantees are available to subsidize total loan principal not to exceed $1,000,000,000: Provided further, That, pursuant to such section 114A, up to $1,000,000 collected from administration fees may be used for administrative expenses of the CDFI Bond Guarantee Program, and shall be in addition to funds otherwise provided for administrative expenses of the CDFI Bond Guarantee Program.CommentsClose CommentsPermalink

Internal Revenue Service

taxpayer services

For necessary expenses of the Internal Revenue Service to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and other services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $2,253,133,000, of which not less than $5,600,000 shall be for the Tax Counseling for the Elderly Program, of which not less than $10,000,000 shall be available for low-income taxpayer clinic grants, of which not less than $12,000,000, to remain available until September 30, 2014, shall be available for a Community Volunteer Income Tax Assistance matching grants program for tax return preparation assistance, of which not less than $209,500,000 shall be available for operating expenses of the Taxpayer Advocate Service: Provided, That of the amounts appropriated under this heading such sums as are necessary shall be available for expenses necessary to implement the tax credit in title II of division A of the Trade Act of 2002 (Public Law 107-210).CommentsClose CommentsPermalink

enforcement

For necessary expenses for tax enforcement activities of the Internal Revenue Service to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other financial crimes, to purchase (for police-type use, not to exceed 850) and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $5,611,530,000, of which not less than $60,257,000 shall be for the Interagency Crime and Drug Enforcement program.CommentsClose CommentsPermalink

operations support

For necessary expenses of the Internal Revenue Service to support taxpayer services and enforcement programs, including rent payments; facilities services; printing; postage; physical security; headquarters and other IRS-wide administration activities; research and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and security; the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and other services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner; $4,324,211,000, of which up to $250,000,000 shall remain available until September 30, 2014, for information technology support; of which up to $65,000,000 shall remain available until expended for acquisition of real property, equipment, construction and renovation of facilities; of which not to exceed $1,000,000 shall remain available until September 30, 2015, for research; of which not less than $2,000,000 shall be for the Internal Revenue Service Oversight Board; of which not to exceed $25,000 shall be for official reception and representation expenses: Provided, That not later than 14 days after the end of each quarter of each fiscal year, the Internal Revenue Service shall submit a report to the House and Senate Committees on Appropriations and the Comptroller General of the United States detailing the cost and schedule performance for its major information technology investments, including the purpose and life-cycle stages of the investments; the reasons for any cost and schedule variances; the risks of such investments and strategies the Internal Revenue Service is using to mitigate such risks; and the expected developmental milestones to be achieved and costs to be incurred in the next quarter: Provided further, That the Internal Revenue Service shall include, in its budget justification for fiscal year 2014, a summary of cost and schedule performance information for its major information technology systems.CommentsClose CommentsPermalink

business systems modernization

For necessary expenses of the Internal Revenue Service’s business systems modernization program, $330,210,000, to remain available until September 30, 2015, for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That not later than 14 days after the end of each quarter of each fiscal year, the Internal Revenue Service shall submit a report to the House and Senate Committees on Appropriations and the Comptroller General of the United States detailing the cost and schedule performance for CADE2 and Modernized e-File information technology investments, including the purposes and life-cycle stages of the investments; the reasons for any cost and schedule variances; the risks of such investments and the strategies the Internal Revenue Service is using to mitigate such risks; and the expected developmental milestones to be achieved and costs to be incurred in the next quarter.CommentsClose CommentsPermalink

administrative provisions--internal revenue service

(including transfer of funds)

Sec. 101. Not to exceed 5 percent of any appropriation made available in this Act to the Internal Revenue Service or not to exceed 3 percent of appropriations under the heading ‘Enforcement’ may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations.CommentsClose CommentsPermalink





Sec. 102. The Internal Revenue Service shall maintain a training program to ensure that Internal Revenue Service employees are trained in taxpayers’ rights, in dealing courteously with taxpayers, and in cross-cultural relations.CommentsClose CommentsPermalink





Sec. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft.CommentsClose CommentsPermalink





Sec. 104. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1-800 help line service a priority and allocate resources necessary to enhance the reception and response time of taxpayer correspondence, particularly with regard to victims of tax-related crimes.CommentsClose CommentsPermalink





Sec. 105. None of the funds made available in this Act may be used to enter into, renew, extend, administer, implement, enforce, or provide oversight of any qualified tax collection contract (as defined in section 6306 of the Internal Revenue Code of 1986).CommentsClose CommentsPermalink

Administrative Provisions--Department of the Treasury

(including transfers of funds)

Sec. 106. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109.CommentsClose CommentsPermalink





Sec. 107. Not to exceed 2 percent of any appropriations in this Act made available to the Departmental Offices--Salaries and Expenses, Office of Inspector General, Special Inspector General for the Troubled Asset Relief Program, Fiscal Service, Alcohol and Tobacco Tax and Trade Bureau, and Financial Crimes Enforcement Network, may be transferred between such appropriations upon the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 2 percent.CommentsClose CommentsPermalink





Sec. 108. Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s appropriation upon the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 2 percent.CommentsClose CommentsPermalink





Sec. 109. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of the Treasury certifies that the purchase by the respective Treasury bureau is consistent with departmental vehicle management principles: Provided, That the Secretary may delegate this authority to the Assistant Secretary for Management.CommentsClose CommentsPermalink





Sec. 110. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the $1 Federal Reserve note.CommentsClose CommentsPermalink





Sec. 111. The Secretary of the Treasury may transfer funds from Fiscal Service, Salaries and Expenses to the Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund.CommentsClose CommentsPermalink





Sec. 112. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 note), is further amended by striking ‘14 years’ and inserting ‘16 years’.CommentsClose CommentsPermalink





Sec. 113. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial Services, and the Senate Committee on Banking, Housing and Urban Affairs.CommentsClose CommentsPermalink





Sec. 114. None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; the House Committee on Appropriations; and the Senate Committee on Appropriations.CommentsClose CommentsPermalink





Sec. 115. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for the Department of the Treasury’s intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2013 until the enactment of the Intelligence Authorization Act for Fiscal Year 2013.CommentsClose CommentsPermalink





Sec. 116. Not to exceed $5,000 shall be made available from the Bureau of Engraving and Printing’s Industrial Revolving Fund for necessary official reception and representation expenses.CommentsClose CommentsPermalink





Sec. 117. The Secretary of the Treasury shall submit a Capital Investment Plan to the Committees on Appropriations of the Senate and the House of Representatives not later than 30 days following the submission of the annual budget for the Administration submitted by the President: Provided, That such Capital Investment Plan shall include capital investment spending from all accounts within the Department of the Treasury, including but not limited to the Department-wide Systems and Capital Investment Programs account, the Working Capital Fund account, and the Treasury Forfeiture Fund account: Provided further, That such Capital Investment Plan shall include expenditures occurring in previous fiscal years for each capital investment project that has not been fully completed.CommentsClose CommentsPermalink





Sec. 118. Section 1324 of title 31, United States Code, is amended by adding at the end thereof the following new subsection:CommentsClose CommentsPermalink





‘(c) Amounts appropriated under subsection (a) of this section shall be administered, as appropriate, as if they were made available through separate appropriations to the Secretary of the Treasury, the Secretary of Homeland Security, and the Attorney General. Funds so appropriated shall be available to the Secretary of the Treasury for refunds by the Internal Revenue Service of taxes collected pursuant to the Internal Revenue Code and related interest; separately to the Secretary of the Treasury for refunds and drawbacks of alcohol, tobacco, firearms and ammunition taxes and refunds of other taxes which may arise and any interest on such refunds, including payment of claims for prior fiscal years; to the Secretary of Homeland Security for refunds and drawbacks of receipts collected pursuant to the customs revenue functions administered by the Department of Homeland Security pursuant to delegation by the Secretary of the Treasury and any interest on such refunds, including payment of claims for prior fiscal years; and to the Attorney General for refunds of firearms taxes and refunds of other taxes which may arise and any interest on such refunds, including payment of claims for prior fiscal years.’.CommentsClose CommentsPermalink





Sec. 119. Section 3711 of title 31, United States Code, is amended by adding a new subsection (j) to read as follows:CommentsClose CommentsPermalink





‘(j)(1) The Secretary of the Treasury (referred to in this subsection as the ‘Secretary’) may locate and recover assets of the United States Government on behalf of any executive, judicial, or legislative agency in accordance with such procedures as the Secretary considers appropriate.CommentsClose CommentsPermalink





‘(2) Notwithstanding any other law concerning the depositing and collection of Federal payments, including section 3302(b) of this title, the Secretary may retain a portion of the amounts recovered pursuant to this subsection to cover the Secretary’s administrative and operational costs associated with locating and recovering assets of the United States. The amounts retained shall be deposited into an account established in the Treasury to be known as the ‘Unclaimed Assets Recovery Account’ (referred to in this paragraph as the ‘Account’). Amounts deposited in the Account shall be available until expended to cover costs associated with implementation and operation of the Secretary’s asset recovery program established under this subsection.CommentsClose CommentsPermalink





‘(3) To carry out the purposes of this subsection, the Secretary may:CommentsClose CommentsPermalink





‘(A) Transfer to the Account from funds appropriated to the Department of Treasury such amounts as may be necessary to meet liabilities and obligations incurred prior to the receipt of recovered assets; andCommentsClose CommentsPermalink





‘(B) Reimburse any appropriation from which funds were transferred under this paragraph from the amounts retained from recovered assets. Any reimbursement under this paragraph shall occur during the period of availability of the funds originally transferred from an appropriation and shall be available for the same time period and purposes as originally appropriated.’.CommentsClose CommentsPermalink





This title may be cited as the ‘Department of the Treasury Appropriations Act, 2013’.CommentsClose CommentsPermalink

TITLE II

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

Compensation of the President

For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000: Provided, That none of the funds made available for official expenses shall be expended for any other purpose and any unused amount shall revert to the Treasury pursuant to 31 U.S.C. 1552.CommentsClose CommentsPermalink

The White House

salaries and expenses

For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103); and not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive Office of the President; and for necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $56,974,000.CommentsClose CommentsPermalink

Executive Residence at the White House

operating expenses

For the care, maintenance, repair and alteration, refurnishing, improvement, heating, and lighting, including electric power and fixtures, of the Executive Residence at the White House and official entertainment expenses of the President, $13,200,000, to be expended and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.CommentsClose CommentsPermalink

reimbursable expenses

For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: Provided, That all reimbursable operating expenses of the Executive Residence shall be made in accordance with the provisions of this paragraph: Provided further, That, notwithstanding any other provision of law, such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further, That the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended: Provided further, That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit $25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year: Provided further, That the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice: Provided further, That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under 31 U.S.C. 3717: Provided further, That each such amount that is reimbursed, and any accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year covered by this Act, a report setting forth the reimbursable operating expenses of the Executive Residence during the preceding fiscal year, including the total amount of such expenses, the amount of such total that consists of reimbursable official and ceremonial events, the amount of such total that consists of reimbursable political events, and the portion of each such amount that has been reimbursed as of the date of the report: Provided further, That the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable events within the Executive Residence that includes a standard for the classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed to exempt the Executive Residence from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code.CommentsClose CommentsPermalink

White House Repair and Restoration

For the repair, alteration, and improvement of the Executive Residence at the White House, $750,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued preventative maintenance.CommentsClose CommentsPermalink

Council of Economic Advisers

salaries and expenses

For necessary expenses of the Council of Economic Advisers in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021 et seq.), $4,192,000.CommentsClose CommentsPermalink

National Security Council and Homeland Security Council

salaries and expenses

For necessary expenses of the National Security Council and the Homeland Security Council, including services as authorized by 5 U.S.C. 3109, $13,048,000.CommentsClose CommentsPermalink

Office of Administration

salaries and expenses

For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger motor vehicles, $114,952,000, of which $10,403,000 shall remain available until expended for continued modernization of the information technology infrastructure within the Executive Office of the President.CommentsClose CommentsPermalink

Office of Management and Budget

salaries and expenses

For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44, United States Code, $91,542,000, of which not to exceed $3,000 shall be available for official representation expenses: Provided, That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Appropriations or their subcommittees: Provided further, That none of the funds provided in this or prior Acts shall be used, directly or indirectly, by the Office of Management and Budget, for evaluating or determining if water resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance with all applicable laws, regulations, and requirements relevant to the Civil Works water resource planning process: Provided further, That the Office of Management and Budget shall have not more than 60 days in which to perform budgetary policy reviews of water resource matters on which the Chief of Engineers has reported: Provided further, That the Director of the Office of Management and Budget shall notify the appropriate authorizing and appropriating committees when the 60-day review is initiated: Provided further, That if water resource reports have not been transmitted to the appropriate authorizing and appropriating committees within 15 days after the end of the Office of Management and Budget review period based on the notification from the Director, Congress shall assume Office of Management and Budget concurrence with the report and act accordingly.CommentsClose CommentsPermalink

Office of National Drug Control Policy

salaries and expenses

For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement, $24,500,000: Provided, That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office.CommentsClose CommentsPermalink

federal drug control programs

high intensity drug trafficking areas program

(including transfers of funds)

For necessary expenses of the Office of National Drug Control Policy’s High Intensity Drug Trafficking Areas Program, $238,522,000, to remain available until September 30, 2014, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas (‘HIDTAs’), of which not less than 51 percent shall be transferred to State and local entities for drug control activities and shall be obligated not later than 120 days after enactment of this Act: Provided, That up to 49 percent may be transferred to Federal agencies and departments in amounts determined by the Director of the Office of National Drug Control Policy (‘the Director’), of which up to $2,700,000 may be used for auditing services and associated activities: Provided further, That, notwithstanding the requirements of Public Law 106-58, any unexpended funds obligated prior to fiscal year 2011 may be used for any other approved activities of that HIDTA, subject to reprogramming requirements: Provided further, That each HIDTA designated as of September 30, 2012, shall be funded at not less than the fiscal year 2012 base level, unless the Director submits to the Committees on Appropriations of the House of Representatives and the Senate justification for changes to those levels based on clearly articulated priorities and published Office of National Drug Control Policy performance measures of effectiveness: Provided further, That the Director shall notify the Committees on Appropriations of the initial allocation of fiscal year 2013 funding among HIDTAs not later than 45 days after enactment of this Act, and shall notify the Committees of planned uses of discretionary HIDTA funding, as determined in consultation with the HIDTA Directors, not later than 90 days after enactment of this Act.CommentsClose CommentsPermalink

other federal drug control programs

(including transfers of funds)

For other drug control activities authorized by the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469), $128,584,000, to remain available until expended, which shall be available as follows: $20,000,000 for a drug prevention media program; $95,134,000 for the Drug-Free Communities Program, of which $2,000,000 shall be made available as directed by section 4 of Public Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521 note); $1,400,000 for drug court training and technical assistance; $9,000,000 for anti-doping activities; $1,900,000 for the United States membership dues to the World Anti-Doping Agency; and $1,150,000 shall be made available as directed by section 1105 of Public Law 109-469.CommentsClose CommentsPermalink

Unanticipated Needs

For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available until September 30, 2014.CommentsClose CommentsPermalink

Partnership Fund for Program Integrity Innovation

For administrative expenses of the Partnership Fund for Program Integrity Innovation, $1,000,000.CommentsClose CommentsPermalink

Integrated, Efficient and Effective Uses of Information Technology

(including transfer of funds)

For necessary expenses for the furtherance of integrated, efficient and effective uses of information technology in the Federal Government, $5,000,000, to remain available until expended: Provided, That the Director of the Office of Management and Budget may transfer these funds to one or more other agencies to carry out projects to meet these purposes: Provided further, That the Director of the Office of Management and Budget shall submit quarterly reports to the Committees on Appropriations of the House and the Senate identifying the savings achieved by the Office of Management and Budget’s government-wide information technology reform efforts: Provided further, That such report shall include savings identified by fiscal year, agency and appropriation.CommentsClose CommentsPermalink

Special Assistance to the President

salaries and expenses

For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as authorized by 3 U.S.C. 106, which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $4,328,000.CommentsClose CommentsPermalink

Official Residence of the Vice President

operating expenses

(including transfer of funds)

For the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 for official entertainment expenses of the Vice President, to be accounted for solely on his certificate, $307,000: Provided, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities.CommentsClose CommentsPermalink

Administrative Provisions--Executive Office of the President and Funds Appropriated to the President

(including transfers of funds)

Sec. 201. From funds made available in this Act under the headings ‘The White House’, ‘Executive Residence at the White House’, ‘White House Repair and Restoration’, ‘Council of Economic Advisers’, ‘National Security Council and Homeland Security Council’, ‘Office of Administration’, ‘Special Assistance to the President’, and ‘Official Residence of the Vice President’, the Director of the Office of Management and Budget (or such other officer as the President may designate in writing), may, 15 days after giving notice to the Committees on Appropriations of the House of Representatives and the Senate, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided, That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Provided further, That no amount shall be transferred from ‘Special Assistance to the President’ or ‘Official Residence of the Vice President’ without the approval of the Vice President.CommentsClose CommentsPermalink





Sec. 202. The Director of the Office of National Drug Control Policy shall submit to the Committees on Appropriations of the House of Representatives and the Senate not later than 60 days after the date of enactment of this Act, and prior to the initial obligation of more than 20 percent of the funds appropriated in any account under the heading ‘Office of National Drug Control Policy’, a detailed narrative and financial plan on the proposed uses of all funds under the account by program, project, and activity: Provided, That the reports required by this section shall be updated and submitted to the Committees on Appropriations every 6 months and shall include information detailing how the estimates and assumptions contained in previous reports have changed: Provided further, That any new projects and changes in funding of ongoing projects shall be subject to the prior approval of the Committees on Appropriations.CommentsClose CommentsPermalink





Sec. 203. Not to exceed 2 percent of any appropriations in this Act made available to the Office of National Drug Control Policy may be transferred between appropriated programs upon the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 3 percent.CommentsClose CommentsPermalink





Sec. 204. Not to exceed $1,000,000 of any appropriations in this Act made available to the Office of National Drug Control Policy may be reprogrammed within a program, project, or activity upon the advance approval of the Committees on Appropriations.CommentsClose CommentsPermalink





Sec. 205. (a) Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Committees on Appropriations and the Budget of the House of Representatives and the Senate with respect to a sequestration under section 251(a) of the Balanced Budget and Emergency Deficit Control Act of 1985. Such report shall--CommentsClose CommentsPermalink





(1) list each account that would be subject to such a sequestration;CommentsClose CommentsPermalink





(2) list each account that would be subject to such a sequestration but subject to a special rule under section 255 or 256 of such Act (and the citation to such rule); andCommentsClose CommentsPermalink





(3) list each account that would be exempt from such a sequestrationCommentsClose CommentsPermalink





(b) The report required under this section shall categorize and group the listed accounts by the appropriations Act covering such accountsCommentsClose CommentsPermalink





Sec. 206. (a) Not later than 30 days after the date of the enactment of this Act, the President shall submit to Congress a detailed report on the sequestration required by section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) for January 2, 2013.CommentsClose CommentsPermalink





(b) The report required by subsection (a) shall include--CommentsClose CommentsPermalink





(1) for discretionary appropriations--CommentsClose CommentsPermalink





(A) an estimate for each category of the sequestration percentages and amounts necessary to achieve the required reduction; andCommentsClose CommentsPermalink





(B) an identification of each account to be sequestered and estimates of the level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions at the program, project, and activity level, using enacted levels of appropriations for accounts funded pursuant to an enacted regular appropriations bill for fiscal year 2013, and estimates pursuant to a current rate continuing resolution for accounts not funded through an enacted appropriations measure for fiscal year 2013; andCommentsClose CommentsPermalink





(2) for direct spending--CommentsClose CommentsPermalink





(A) an estimate for the defense and nondefense functions based on current law of the sequestration percentages and amount necessary to achieve the required reduction;CommentsClose CommentsPermalink





(B) a specific identification of the reductions required for each nonexempt direct spending account at the program, project, and activity level; andCommentsClose CommentsPermalink





(C) a specific identification of exempt direct spending accounts at the program, project, and activity level; andCommentsClose CommentsPermalink





(3) any other data and explanations that enhance public understanding of the sequester and actions to be taken under it.CommentsClose CommentsPermalink





This title may be cited as the ‘Executive Office of the President Appropriations Act, 2013’.CommentsClose CommentsPermalink

TITLE III

THE JUDICIARY

Supreme Court of the United States

salaries and expenses

For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance, and operation of an automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $77,165,000, of which $2,000,000 shall remain available until expended.CommentsClose CommentsPermalink

care of the building and grounds

For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by 40 U.S.C. 6111 and 6112, $11,963,000, to remain available until expended.CommentsClose CommentsPermalink

United States Court of Appeals for the Federal Circuit

salaries and expenses

For salaries of the chief judge, judges, and other officers and employees, and for necessary expenses of the court, as authorized by law, $33,720,000.CommentsClose CommentsPermalink

United States Court of International Trade

salaries and expenses

For salaries of the chief judge and eight judges, salaries of the officers and employees of the court, services, and necessary expenses of the court, as authorized by law, $22,880,000.CommentsClose CommentsPermalink

Courts of Appeals, District Courts, and Other Judicial Services

salaries and expenses

For the salaries of circuit and district judges (including judges of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, and necessary expenses of the courts, and the purchase, rental, repair, and cleaning of uniforms for Probation and Pretrial Services Office staff, as authorized by law, $5,142,005,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects.CommentsClose CommentsPermalink





In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed $5,354,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.CommentsClose CommentsPermalink

defender services

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under 18 U.S.C. 3006A and 3599, and for the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with the maximums under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of expenses of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d)(1); the compensation and reimbursement of expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial civil forfeiture proceedings; the compensation and reimbursement of travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b); and for necessary training and general administrative expenses, $1,048,517,000, to remain available until expended.CommentsClose CommentsPermalink

fees of jurors and commissioners

For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863; and compensation of commissioners appointed in condemnation cases pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), $54,635,000, to remain available until expended: Provided, That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under 5 U.S.C. 5332.CommentsClose CommentsPermalink

court security

(including transfers of funds)

For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court operations, and the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court operations, including building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act (Public Law 100-702), $512,673,000, of which not to exceed $15,000,000 shall remain available until expended, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering the Judicial Facility Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General.CommentsClose CommentsPermalink

Administrative Office of the United States Courts

salaries and expenses

For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b), advertising and rent in the District of Columbia and elsewhere, $85,148,000, of which not to exceed $8,500 is authorized for official reception and representation expenses.CommentsClose CommentsPermalink

Federal Judicial Center

salaries and expenses

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90-219, $27,519,000; of which $1,800,000 shall remain available through September 30, 2014, to provide education and training to Federal court personnel; and of which not to exceed $1,500 is authorized for official reception and representation expenses.CommentsClose CommentsPermalink

Judicial Retirement Funds

payment to judiciary trust funds

For payment to the Judicial Officers’ Retirement Fund, as authorized by 28 U.S.C. 377(o), $95,664,294; to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), $22,500,000; and to the United States Court of Federal Claims Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l), $7,300,000.CommentsClose CommentsPermalink

United States Sentencing Commission

salaries and expenses

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $17,061,000, of which not to exceed $1,000 is authorized for official reception and representation expenses.CommentsClose CommentsPermalink

Administrative Provisions--The Judiciary

(including transfers of funds)

Sec. 301. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.CommentsClose CommentsPermalink





Sec. 302. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except ‘Courts of Appeals, District Courts, and Other Judicial Services, Defender Services’ and ‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners’, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under sections 604 and 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in section 608.CommentsClose CommentsPermalink





Sec. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for ‘Courts of Appeals, District Courts, and Other Judicial Services’ shall be available for official reception and representation expenses of the Judicial Conference of the United States: Provided, That such available funds shall not exceed $11,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as Secretary of the Judicial Conference.CommentsClose CommentsPermalink





Sec. 304. Section 3314(a) of title 40, United States Code, shall be applied by substituting ‘Federal’ for ‘executive’ each place it appears.CommentsClose CommentsPermalink





Sec. 305. In accordance with 28 U.S.C. 561-569, and notwithstanding any other provision of law, the United States Marshals Service shall provide, for such courthouses as its Director may designate in consultation with the Director of the Administrative Office of the United States Courts, for purposes of a pilot program, the security services that 40 U.S.C. 1315 authorizes the Department of Homeland Security to provide, except for the services specified in 40 U.S.C. 1315(b)(2)(E). For building-specific security services at these courthouses, the Director of the Administrative Office of the United States Courts shall reimburse the United States Marshals Service rather than the Department of Homeland Security.CommentsClose CommentsPermalink





Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended--CommentsClose CommentsPermalink





(1) in the second sentence (relating to the Eastern District of Missouri) by inserting ‘and six months’ immediately following ‘10 years’ as it applies to section 203(c)(7);CommentsClose CommentsPermalink





(2) in the third sentence (relating to the District of Kansas), by striking ‘21 years’ and inserting ‘22 years and six months’; andCommentsClose CommentsPermalink





(3) in the seventh sentence (relating to the District of Hawaii), by striking ‘18 years’ and inserting ‘19 years and six months’.CommentsClose CommentsPermalink





(b) Section 312(c)(2) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133 note), is amended by striking ‘10 years’ and inserting ‘11 years’ as it applies to section 312(c)(1) (B), (D), and (E).CommentsClose CommentsPermalink





(c) Section 312(c)(2) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133 note), is amended by inserting ‘and six months’ immediately following ‘10 years’ as it applies to section 312(c)(1)(C).CommentsClose CommentsPermalink

federal district judgeships

Sec. 307. (a) Additional Permanent District Judgeships- The President shall appoint, by and with the advice and consent of the Senate--CommentsClose CommentsPermalink





(1) 2 additional district judges for the district of Arizona;CommentsClose CommentsPermalink





(2) 4 additional district judges for the eastern district of California;CommentsClose CommentsPermalink





(3) 1 additional district judge for the district of Minnesota;CommentsClose CommentsPermalink





(4) 1 additional district judge for the southern district of Texas; andCommentsClose CommentsPermalink





(5) 2 additional district judges for the western district of Texas.CommentsClose CommentsPermalink





(b) Conversion of Temporary Judgeships- The existing judgeships for the district of Arizona and the central district of California authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (28 U.S.C. 133 note; Public Law 107-273; 116 Stat. 1788), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act.CommentsClose CommentsPermalink





(c) Technical and Conforming Amendments- The table contained in section 133(a) of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking the item relating to the district of Arizona and inserting the following:CommentsClose CommentsPermalink

--------------CommentsClose CommentsPermalink

--------------CommentsClose CommentsPermalink

‘Arizona 15’; CommentsClose CommentsPermalink

--------------CommentsClose CommentsPermalink

(2) by striking the item relating to California and inserting the following:CommentsClose CommentsPermalink

------------------CommentsClose CommentsPermalink

------------------CommentsClose CommentsPermalink

‘California:      CommentsClose CommentsPermalink

    Northern   14 CommentsClose CommentsPermalink

     Eastern   10 CommentsClose CommentsPermalink

     Central   28 CommentsClose CommentsPermalink

    Southern 13’; CommentsClose CommentsPermalink

------------------CommentsClose CommentsPermalink

(3) by striking the item relating to the district of Minnesota and inserting the following:CommentsClose CommentsPermalink

---------------CommentsClose CommentsPermalink

---------------CommentsClose CommentsPermalink

‘Minnesota 8’; CommentsClose CommentsPermalink

---------------CommentsClose CommentsPermalink

andCommentsClose CommentsPermalink





(4) by striking the item relating to Texas and inserting the following:CommentsClose CommentsPermalink

--------------CommentsClose CommentsPermalink

--------------CommentsClose CommentsPermalink

 ‘Texas:      CommentsClose CommentsPermalink

Northern   12 CommentsClose CommentsPermalink

Southern   20 CommentsClose CommentsPermalink

 Eastern    7 CommentsClose CommentsPermalink

 Western 15’. CommentsClose CommentsPermalink

--------------CommentsClose CommentsPermalink

(d) Increase in Filing Fees-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1914(a) of title 28, United States Code, is amended by striking ‘$350’ and inserting ‘$360’.CommentsClose CommentsPermalink





(2) EXPENDITURE LIMITATION- Incremental amounts collected by reason of the enactment of this subsection shall be deposited as offsetting receipts in the ‘Judiciary Filing Fee’ special fund in the Treasury that was established pursuant to 28 U.S.C. 1931. Such amounts shall be available solely for the purpose of facilitating the processing of civil cases, but only to the extent specifically appropriated by an Act of Congress enacted after the date of enactment of this Act.CommentsClose CommentsPermalink





This title may be cited as the ‘Judiciary Appropriations Act, 2013’.CommentsClose CommentsPermalink

TITLE IV

DISTRICT OF COLUMBIA

Federal Funds

federal payment for resident tuition support

For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $35,100,000, to remain available until expended: Provided, That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible private institutions of higher education: Provided further, That the awarding of such funds may be prioritized on the basis of a resident’s academic merit, the income and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of Columbia Chief Financial Officer, who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the House of Representatives and the Senate for these funds showing, by object class, the expenditures made and the purpose therefor.CommentsClose CommentsPermalink

federal payment for emergency planning and security costs in the district of columbia

For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $24,700,000, to remain available until expended and in addition any funds that remain available from prior year appropriations under this heading for the District of Columbia Government, for the costs of providing public safety at events related to the presence of the national capital in the District of Columbia, including support requested by the Director of the United States Secret Service Division in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions: Provided, That, of the amount provided under this heading, not less than $9,800,000 shall be used for costs associated with the Presidential Inauguration.CommentsClose CommentsPermalink

federal payment to the district of columbia courts

For salaries and expenses for the District of Columbia Courts, $225,370,000 to be allocated as follows: for the District of Columbia Court of Appeals, $13,118,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Superior Court, $111,746,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $66,756,000, of which not to exceed $2,500 is for official reception and representation expenses; and $33,750,000, to remain available until September 30, 2014, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital improvements shall be expended consistent with the District of Columbia Courts master plan study and building evaluation report: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $3,000,000 of the funds provided under this heading among the items and entities funded under this heading, but no such allocation shall be increased by more than 10 percent: Provided further, That the Joint Committee on Judicial Administration in the District of Columbia may, by regulation, establish a program substantially similar to the program set forth in subchapter II of chapter 35 of title 5, United States Code, for individuals serving the District of Columbia Courts.CommentsClose CommentsPermalink

federal payment for defender services in district of columbia courts

For payments authorized under section 11-2604 and section 11-2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance, and such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Official Code, and payments authorized under section 21-2060, D.C. Official Code (relating to services provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $50,000,000, to remain available until expended: Provided, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies.CommentsClose CommentsPermalink

federal payment to the court services and offender supervision agency for the district of columbia

For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $215,506,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $156,595,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons; of which $58,911,000 shall be available to the Pretrial Services Agency: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That not less than $1,500,000 shall be available for re-entrant housing in the District of Columbia: Provided further, That the Director is authorized to accept and use gifts in the form of in-kind contributions of space and hospitality to support offender and defendant programs; and equipment, supplies, and vocational training services necessary to sustain, educate, and train offenders and defendants, including their dependent children: Provided further, That the Director shall keep accurate and detailed records of the acceptance and use of any gift or donation under the previous proviso, and shall make such records available for audit and public inspection: Provided further, That the Court Services and Offender Supervision Agency Director is authorized to accept and use reimbursement from the District of Columbia Government for space and services provided on a cost reimbursable basis.CommentsClose CommentsPermalink

federal payment to the district of columbia public defender service

For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $39,376,000: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies: Provided further, That, notwithstanding section 1342 of title 31, United States Code, and in addition to the authority provided by the District of Columbia Code Section 2-1607(b), upon approval of the Board of Trustees, the District of Columbia Public Defender Service may accept and use voluntary and uncompensated (gratuitous) services for the purpose of aiding or facilitating the work of the District of Columbia Public Defender Service.CommentsClose CommentsPermalink

federal payment to the district of columbia water and sewer authority

For a Federal payment to the District of Columbia Water and Sewer Authority, $15,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment.CommentsClose CommentsPermalink

federal payment to the criminal justice coordinating council

For a Federal payment to the Criminal Justice Coordinating Council, $1,800,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia.CommentsClose CommentsPermalink

federal payment for judicial commissions

For a Federal payment, to remain available until September 30, 2014, to the Commission on Judicial Disabilities and Tenure, $295,000, and for the Judicial Nomination Commission, $205,000.CommentsClose CommentsPermalink

federal payment for school improvement

For a Federal payment for a school improvement program in the District of Columbia, $53,500,000, to remain available until expended, for payments authorized under the Scholarships for Opportunity and Results Act (division C of Public Law 112-10), to be allocated as follows: for the District of Columbia Public Schools, $20,000,000 to improve public school education in the District of Columbia; for the State Education Office, $20,000,000 to expand quality public charter schools in the District of Columbia; and for the Secretary of Education, $13,500,000 for the Opportunity Scholarship Program.CommentsClose CommentsPermalink

federal payment for the district of columbia national guard

For a Federal payment to the District of Columbia National Guard, $500,000, to remain available until expended for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program.CommentsClose CommentsPermalink

federal payment for redevelopment of the st. elizabeths hospital campus

For a Federal payment to the District of Columbia, $9,800,000, to remain available until expended, for activities to support development of a center for innovation and entrepreneurship at the site of the former St. Elizabeths Hospital in the District of Columbia.CommentsClose CommentsPermalink

federal payment for testing and treatment of hiv/aids

For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $5,000,000.CommentsClose CommentsPermalink

District of Columbia Funds

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia (‘General Fund’), except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act, (114 Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2013 under this heading shall not exceed the lesser of the sum of the total revenues of the District of Columbia for such fiscal year or $11,356,050,000 (of which $6,379,906,000 shall be from local funds, (including $402,984,000 from dedicated taxes), $998,179,000 shall be from Federal grant funds, $1,672,243,000 from Medicaid payments, $2,165,470,000 shall be from other funds, and $9,352,000 shall be from private funds, and $130,900,000 shall be from funds previously appropriated in this Act as Federal payments): Provided further, That of the local funds, such amounts as may be necessary may be derived from the District’s General Fund balance: Provided further, That of these funds the District’s intra-District authority shall be $579,594,000: in addition, for capital construction projects, an increase of $1,702,797,000, of which $1,194,327,000 shall be from local funds, $64,817,000 from the District of Columbia Highway Trust Fund, $86,535,000 from the Local Transportation Fund, $357,118,000 from Federal grant funds, and a rescission of $609,739,000 of which $357,317,000 shall be from local funds, $10,619,000 from the Local Transportation Fund, $58,442,000 from the District of Columbia Highway Trust Fund, and $183,362,000 from Federal grant funds appropriated under this heading in prior fiscal years, for a net amount of $1,093,058,000, to remain available until expended: Provided further, That the amounts provided under this heading are to be available, allocated, and expended as proposed under title III of the Fiscal Year 2013 Budget Request Act, at the rate set forth under ‘District of Columbia Funds Division of Expenses’ as included in the Fiscal Year 2013 Proposed Budget and Financial Plan submitted to the Congress by the District of Columbia: Provided further, That the amounts provided under this heading may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act as amended by the Fiscal Year 2013 Budget Request Act: Provided further, That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2013, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.CommentsClose CommentsPermalink





This title may be cited as the ‘District of Columbia Appropriations Act, 2013’.CommentsClose CommentsPermalink

TITLE V

INDEPENDENT AGENCIES

Administrative Conference of the United States

salaries and expenses

For necessary expenses of the Administrative Conference of the United States, authorized by 5 U.S.C. 591 et seq., $3,200,000, to remain available until September 30, 2014, of which not to exceed $1,000 is for official reception and representation expenses.CommentsClose CommentsPermalink

Christopher Columbus Fellowship Foundation

salaries and expenses

For payment to the Christopher Columbus Fellowship Foundation, established by section 423 of Public Law 102-281, $450,000, to remain available until expended.CommentsClose CommentsPermalink

Commodity Futures Trading Commission

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of passenger motor vehicles, and the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, $308,000,000, to remain available until September 30, 2014, including not to exceed $3,000 for official reception and representation expenses, and not to exceed $25,000 for the expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials.CommentsClose CommentsPermalink

Consumer Product Safety Commission

salaries and expenses

For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 5376, purchase of nominal awards to recognize non-Federal officials’ contributions to Commission activities, and not to exceed $4,000 for official reception and representation expenses, $122,425,000; of which $6,000,000 to remain available until September 30, 2014, shall be for CPSC Headquarters relocation.CommentsClose CommentsPermalink

administrative provisions--consumer product safety commission

Sec. 501. The Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8001 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 1405 (15 U.S.C. 8004)--CommentsClose CommentsPermalink





(A) in subsection (b)(1)(A), by striking ‘all swimming pools constructed after the date that is 6 months after the date of enactment of the Financial Services and General Government Appropriations Act, 2012 in the State’ and inserting ‘all swimming pools constructed in the State after the date the State submits an application to the Commission for a grant under this section’; andCommentsClose CommentsPermalink





(B) in subsection (e)--CommentsClose CommentsPermalink





(i) by striking the first sentence and inserting the following: ‘There is authorized to be appropriated to the Commission such sums as may be necessary to carry out this section through fiscal year 2014.’; andCommentsClose CommentsPermalink





(ii) in the second sentence, by striking ‘fiscal year 2012’ and inserting ‘fiscal year 2014’; andCommentsClose CommentsPermalink





(2) in section 1406(a) (15 U.S.C. 8005(a))--CommentsClose CommentsPermalink





(A) in paragraph (1)(A)--CommentsClose CommentsPermalink





(i) in clause (i), by inserting ‘and’ after the semicolon;CommentsClose CommentsPermalink





(ii) by striking clauses (ii), (iv), and (v) and redesignating clause (iii) as clause (ii); andCommentsClose CommentsPermalink





(iii) in clause (ii)(III) (as so redesignated), by inserting ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) by striking subsection (2) and redesignating subsections (3) and (4) as subsections (2) and (3), respectively; andCommentsClose CommentsPermalink





(C) in subsection (3) (as so redesignated), by striking ‘paragraph (1)’ and inserting ‘paragraph (1)(B)’.CommentsClose CommentsPermalink





Sec. 502. Not later than 540 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall--CommentsClose CommentsPermalink





(1) in consultation with representatives of consumer groups, window blind manufacturers, and independent engineers and experts, examine and assess the effectiveness of the ANSI/WCMA A100.1-2012 Proposed Standard, as in effect on the day before the date of the enactment of this Act; andCommentsClose CommentsPermalink





(2) if the Commission determines that a more stringent standard for window coverings, or revised version of the standard described in paragraph (1), would eliminate or substantially reduce the strangulation risk posed by corded window coverings, promulgate, in accordance with section 553 of title 5, United States Code, a window covering safety standard that is more stringent than the standard described in paragraph (1).CommentsClose CommentsPermalink

Election Assistance Commission

salaries and expenses

(including transfer of funds)

For necessary expenses to carry out the Help America Vote Act of 2002 (Public Law 107-252), $11,500,000, of which $2,750,000 shall be transferred to the National Institute of Standards and Technology for election reform activities authorized under the Help America Vote Act of 2002.CommentsClose CommentsPermalink

Federal Communications Commission

salaries and expenses

For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official reception and representation expenses; purchase and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109, $347,782,000, to remain available until expended: Provided, That $347,782,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2013 so as to result in a final fiscal year 2013 appropriation estimated at $0: Provided further, That any offsetting collections received in excess of $347,782,000 in fiscal year 2013 shall not be available for obligation: Provided further, That remaining offsetting collections from prior years collected in excess of the amount specified for collection in each such year and otherwise becoming available on October 1, 2012, shall not be available for obligation: Provided further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $99,000,000 for fiscal year 2013: Provided further, That of the amount appropriated under this heading, not less than $9,750,000 shall be for the salaries and expenses of the Office of Inspector General.CommentsClose CommentsPermalink

administrative provisions--federal communications commission

Sec. 510. Section 302 of the Universal Service Antideficiency Temporary Suspension Act is amended by striking ‘December 31, 2013’, each place it appears and inserting ‘December 31, 2014’.CommentsClose CommentsPermalink





Sec. 511. None of the funds appropriated by this Act may be used by the Federal Communications Commission 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.CommentsClose CommentsPermalink

Federal Deposit Insurance Corporation

office of the inspector general

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $34,568,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the FSLIC Resolution Fund.CommentsClose CommentsPermalink

Federal Election Commission

salaries and expenses

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $67,999,000, of which not to exceed $5,000 shall be available for reception and representation expenses.CommentsClose CommentsPermalink

Federal Labor Relations Authority

salaries and expenses

For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109, and including hire of experts and consultants, hire of passenger motor vehicles, and rental of conference rooms in the District of Columbia and elsewhere, $25,200,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences.CommentsClose CommentsPermalink

Federal Trade Commission

salaries and expenses

For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses, $300,000,000, to remain available until expended: Provided, That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C. 3718: Provided further, That, notwithstanding any other provision of law, not to exceed $115,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall be retained and used for necessary expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $15,000,000 in offsetting collections derived from fees sufficient to implement and enforce the Telemarketing Sales Rule, promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this account, and be retained and used for necessary expenses in this appropriation: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2013, so as to result in a final fiscal year 2013 appropriation from the general fund estimated at not more than $170,000,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t).CommentsClose CommentsPermalink

General Services Administration

real property activities

federal buildings fund

limitations on availability of revenue

Amounts in the Fund, including revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $8,639,098,000, of which: (1) $56,000,000 shall remain available until expended for construction and acquisition (including funds for sites and expenses, associated design and construction services, and purchase of currently leased facilities): Provided, That the General Services Administration shall submit a detailed plan, by project, regarding the use of funds to the Committees on Appropriations of the House of Representatives and the Senate within 30 days of enactment of this section and will provide notification to the Committees within 15 days prior to any changes regarding the use of these funds; (2) $514,768,000 shall remain available until expended for repairs and alterations, which includes associated design and construction services, of which: $20,000,000 is for a Judiciary Capital Security Program; $16,100,000 is for Consolidation into Federally Owned Space; $122,936,000 is for Exigent Needs; $15,000,000 is for Energy and Water Retrofit and Conservation Measures; and $340,732,000 is for Basic Repairs and Alterations: Provided further, That funds made available in this or any previous Act in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous Act may be increased by an amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations: Provided further, That the amounts provided in this or any prior Act for ‘Repairs and Alterations’ may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading ‘Repairs and Alterations’, may be transferred to Basic Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further, That all funds for repairs and alterations prospectus projects shall expire on September 30, 2014 and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading ‘Repairs and Alterations’ or used to fund authorized increases in prospectus projects; (3) $119,589,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended; (4) $5,548,583,000 for rental of space which shall remain available until expended; and (5) $2,400,158,000 for building operations which shall remain available until expended: Provided further, That funds available to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by 40 U.S.C. 3307(a), has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That amounts necessary to provide reimbursable special services to other agencies under 40 U.S.C. 592(b)(2) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 2013, excluding reimbursements under 40 U.S.C. 592(b)(2) in excess of the aggregate new obligational authority authorized for Real Property Activities of the Federal Buildings Fund in this Act shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts.CommentsClose CommentsPermalink

general activities

government-wide policy

For expenses authorized by law, not otherwise provided for, for Government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, telecommunications, information technology management, and related technology activities; services as authorized by 5 U.S.C. 3109; and the Office of High Performance Green Buildings; $78,182,000.CommentsClose CommentsPermalink

operating expenses

For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agency-wide policy direction, management, and communications; the Civilian Board of Contract Appeals; services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for official reception and representation expenses; $67,000,000.CommentsClose CommentsPermalink

office of inspector general

For necessary expenses of the Office of Inspector General and service authorized by 5 U.S.C. 3109, $58,960,000: Provided, That not to exceed $50,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: Provided further, That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness.CommentsClose CommentsPermalink

electronic government fund

(including transfer of funds)

For necessary expenses in support of interagency projects that enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods, $16,665,000, to remain available until expended: Provided, That these funds may be transferred to Federal agencies to carry out the purpose of the Fund: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not be made until 10 days after a proposed spending plan and explanation for each project to be undertaken has been submitted to the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink

allowances and office staff for former presidents

For carrying out the provisions of the Act of August 25, 1958 (3 U.S.C. 102 note), and Public Law 95-138, $3,779,000.CommentsClose CommentsPermalink

expenses, presidential transition

For expenses necessary to carry out the Presidential Transition Act of 1963, as amended, $8,947,000, of which not to exceed $1,000,000 is for activities authorized by subsections 3(a)(8) and (9) of the Act.CommentsClose CommentsPermalink

federal citizen services fund

For necessary expenses of the Office of Citizen Services and Innovative Technologies, including services authorized by 5 U.S.C. 3109, $31,751,000, to be deposited into the Federal Citizen Services Fund: Provided, That the appropriations, revenues, and collections deposited into the Fund shall be available for necessary expenses of Federal Citizen Services activities in the aggregate amount not to exceed $90,000,000. Appropriations, revenues, and collections accruing to this Fund during fiscal year 2013 in excess of such amount shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts.CommentsClose CommentsPermalink

administrative provisions--general services administration

(including transfers of funds)

Sec. 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.CommentsClose CommentsPermalink





Sec. 521. Funds in the Federal Buildings Fund made available for fiscal year 2013 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink





Sec. 522. Except as otherwise provided in this title, funds made available by this Act shall be used to transmit a fiscal year 2014 request for United States Courthouse construction only if the request: (1) meets the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded.CommentsClose CommentsPermalink





Sec. 523. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in compliance with the Public Buildings Amendments Act of 1972 (Public Law 92-313).CommentsClose CommentsPermalink





Sec. 524. From funds made available under the heading ‘Federal Buildings Fund, Limitations on Availability of Revenue’, claims against the Government of less than $250,000 arising from direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink





Sec. 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to each of such committees and the Committees on Appropriations of the House of Representatives and the Senate prior to exercising any lease authority provided in the resolution.CommentsClose CommentsPermalink

Harry S Truman Scholarship Foundation

salaries and expenses

For payment to the Harry S Truman Scholarship Foundation Trust Fund, established by section 10 of Public Law 93-642, $748,000, to remain available until expended.CommentsClose CommentsPermalink

Merit Systems Protection Board

salaries and expenses

(including transfer of funds)

For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed $2,000 for official reception and representation expenses, $41,055,000, to remain available until September 30, 2014, together with not to exceed $2,345,000, to remain available until September 30, 2014, for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board.CommentsClose CommentsPermalink

Morris K. Udall and Stewart L. Udall Foundation

morris k. udall and stewart l. udall trust fund

For payment to the Morris K. Udall and Stewart L. Udall Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5601 et seq.), $2,200,000, to remain available until expended, of which, notwithstanding sections 8 and 9 of such Act: (1) up to $900,000 may be expended for the necessary expenses described in Section 7(c) of Public Law 102-259 (20 U.S.C. 5605(c)); (2) up to $50,000 shall be used to conduct financial audits pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 107-289); and (3) up to $1,000,000 shall be available to carry out the activities authorized by section 6(7) of Public Law 102-259 and section 817(a) of Public Law 106-568 (20 U.S.C. 5604(7)).CommentsClose CommentsPermalink

environmental dispute resolution fund

For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998, $3,800,000, to remain available until expended.CommentsClose CommentsPermalink

National Archives and Records Administration

operating expenses

For necessary expenses in connection with the administration of the National Archives and Records Administration and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board, and the operations and maintenance of the electronic records archives, and for the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and cleaning, $371,675,000.CommentsClose CommentsPermalink

office of inspector general

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor vehicles, $4,100,000.CommentsClose CommentsPermalink

repairs and restoration

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $8,000,000, to remain available until expended.CommentsClose CommentsPermalink

national historical publications and records commission

grants program

For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504, $5,000,000, to remain available until expended.CommentsClose CommentsPermalink

National Credit Union Administration

central liquidity facility

During fiscal year 2013, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member credit unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 2013 shall not exceed $1,250,000.CommentsClose CommentsPermalink

community development revolving loan fund

For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,187,000 shall be available until September 30, 2014 for technical assistance to low-income designated credit unions.CommentsClose CommentsPermalink

Office of Government Ethics

salaries and expenses

For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, and the Ethics Reform Act of 1989, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses, $20,164,000, of which $6,500,000 shall remain available until expended for development and deployment of the centralized, publicly accessible database required by Public Law 112-105.CommentsClose CommentsPermalink

Office of Personnel Management

salaries and expenses

(including transfer of trust funds)

For necessary expenses to carry out functions of the Office of Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimbursements to applicable funds of OPM and the Federal Bureau of Investigation for expenses incurred under Executive Order No. 10422 of January 9, 1953, as amended; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $90,541,000, of which $6,004,000 shall remain available until expended for the Enterprise Human Resources Integration project, of which $642,000 may be for strengthening the capacity and capabilities of the acquisition workforce (as defined by the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)), including the recruitment, hiring, training, and retention of such workforce and information technology in support of acquisition workforce effectiveness or for management solutions to improve acquisition management, $1,416,000 shall remain available until expended for the Human Resources Line of Business project; and in addition $114,708,000 for administrative expenses, to be transferred from the appropriate trust funds of OPM without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States Code: Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose: Provided further, That the President’s Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2013, accept donations of money, property, and personal services: Provided further, That such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission.CommentsClose CommentsPermalink

office of inspector general

salaries and expenses

(including transfer of trust funds)

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, including services as authorized by 5 U.S.C. 3109, hire of passenger motor vehicles, $4,232,000, and in addition, not to exceed $21,172,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere.CommentsClose CommentsPermalink

government payment for annuitants, employees health benefits

For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849), such sums as may be necessary.CommentsClose CommentsPermalink

government payment for annuitants, employee life insurance

For payment of Government contributions with respect to employees retiring after December 31, 1989, as required by chapter 87 of title 5, United States Code, such sums as may be necessary.CommentsClose CommentsPermalink

payment to civil service retirement and disability fund

For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be credited to the Civil Service Retirement and Disability Fund, such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter be paid out of the Civil Service Retirement and Disability Fund.CommentsClose CommentsPermalink

Office of Special Counsel

salaries and expenses

For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103-353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles; $18,972,000.CommentsClose CommentsPermalink

Postal Regulatory Commission

salaries and expenses

(including transfer of funds)

For necessary expenses of the Postal Regulatory Commission in carrying out the provisions of the Postal Accountability and Enhancement Act (Public Law 109-435), $14,450,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act.CommentsClose CommentsPermalink

Privacy and Civil Liberties Oversight Board

salaries and expenses

For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $1,000,000, to remain available until September 30, 2014.CommentsClose CommentsPermalink

Recovery Accountability and Transparency Board

salaries and expenses

For necessary expenses of the Recovery Accountability and Transparency Board to carry out the provisions of title XV of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and to develop and test information technology resources and oversight mechanisms to enhance transparency of and detect and remediate waste, fraud, and abuse in Federal spending $31,500,000.CommentsClose CommentsPermalink

Securities and Exchange Commission

salaries and expenses

For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,500 for official reception and representation expenses, $1,566,000,000, to remain available until expended; of which not less than $7,067,000 shall be for the Office of Inspector General; of which not to exceed $50,000 may be used toward funding a permanent secretariat for the International Organization of Securities Commissions; and of which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations and staffs to exchange views concerning securities matters, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel and transportation; and (3) related lodging or subsistence; Provided, That fees and charges authorized by section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to this account as offsetting collections: Provided further, That not to exceed $1,566,000,000 of such offsetting collections shall be available until expended for necessary expenses of this account: Provided further, That the total amount appropriated under this heading from the general fund for fiscal year 2013 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2013 appropriation from the general fund estimated at not more than $0.CommentsClose CommentsPermalink

Selective Service System

salaries and expenses

For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101-4118 for civilian employees; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed $750 for official reception and representation expenses; $24,400,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States.CommentsClose CommentsPermalink

Small Business Administration

salaries and expenses

For necessary expenses, not otherwise provided for, of the Small Business Administration as authorized by Public Law 108-447, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception and representation expenses, $445,499,000, of which not less than $12,000,000 shall be available for examinations, reviews, and other lender oversight activities: Provided, That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan program activities, including fees authorized by section 5(b) of the Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this account, to remain available until expended, for carrying out these purposes without further appropriations: Provided further, That the Small Business Administration may accept gifts in an amount not to exceed $4,000,000 and may co-sponsor activities, each in accordance with section 132(a) of division K of Public Law 108-447, during fiscal year 2013: Provided further, That $114,750,000 shall be available to fund grants for performance in fiscal year 2013 or fiscal year 2014 as authorized by section 21 of the Small Business Act, to remain available until September 30, 2014, of which, notwithstanding the limitation under section 21(a)(4)(C)(v)(I)(aa) of the Small Business Act, $200,000 shall be for the accreditation program authorized by section 21(k)(2) of such Act, $50,000 shall be for the expenses of the advisory board established by section 21(i)(1) of such Act, and $500,000 shall be for the information sharing network authorized under section 21(c)(8) of such Act: Provided further, That $24,000,000 shall remain available until September 30, 2014 for marketing, management, and technical assistance under section 7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make microloans under the microloan program: Provided further, That $7,100,000 shall be available for the Loan Modernization and Accounting System, to be available until September 30, 2014: Provided further, That $2,000,000 shall be for the Federal and State Technology Partnership Program under section 34 of the Small Business Act (15 U.S.C. 657d).CommentsClose CommentsPermalink

office of inspector general

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $19,400,000.CommentsClose CommentsPermalink

office of advocacy

For necessary expenses of the Office of Advocacy in carrying out the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), $9,150,000, to remain available until expended.CommentsClose CommentsPermalink

business loans program account

(including transfer of funds)

For the cost of direct loans, $4,000,000, to remain available until expended, and for the cost of guaranteed loans as authorized by section 7(a) of the Small Business Act and section 503 of the Small Business Investment Act of 1958, $333,600,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2013 commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 shall not exceed $6,000,000,000: Provided further, That during fiscal year 2013 commitments for general business loans authorized under section 7(a) of the Small Business Act shall not exceed $16,000,000,000 for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans: Provided further, That during fiscal year 2013 commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 shall not exceed $4,000,000,000: Provided further, That during fiscal year 2013, guarantees of trust certificates authorized by section 5(g) of the Small Business Act shall not exceed a principal amount of $12,000,000,000. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $145,060,000, which may be transferred to and merged with the appropriations for Salaries and Expenses.CommentsClose CommentsPermalink

disaster loans program account

(including transfer of funds)

For the administrative costs of direct loans authorized by section 7(b) of the Small Business Act, $167,000,000, to remain available until expended, of which $1,000,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan programs and shall be transferred to and merged with the appropriations for the Office of Inspector General; of which $157,000,000 is for direct administrative expense of loan making and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses; of which $9,000,000 is for indirect administrative expenses for the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided, That such amount is for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.CommentsClose CommentsPermalink

administrative provisions--small business administration

(including transfer of funds)

Sec. 530. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink





Sec. 531. Section 1122(b) of Public Law 111-240 is amended by striking ‘2 years’ and inserting ‘3 years’.CommentsClose CommentsPermalink

United States Postal Service

payment to the postal service fund

For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code, $89,092,000, which shall not be available for obligation until October 1, 2013: Provided, That mail for overseas voting and mail for the blind shall continue to be free: Provided further, That 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level: Provided further, That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices in fiscal year 2013: Provided further, That the Postal Service may not close or consolidate a mail processing facility prior to fiscal year 2014 if the Postal Service (1) did not close or consolidate the mail processing facility before May 15, 2012; and (2) conducted an area mail processing study with respect to the postal facility after January 1, 2006 that was either terminated or concluded that no significant cost savings or efficiencies would result from closing or consolidating the mail processing facility: Provided further, That the foregoing restriction shall not apply with respect to a mail processing facility for which (1) an audit by the Postal Service Inspector General concludes that the mail volume and operations of the facility have changed since the date of termination or completion of an area mail processing study to such an extent that the outcome of the previous study is no longer valid; and (2) an area mail processing study concludes that the closing or consolidation of the mail processing facility is justified, taking into consideration the savings to the Postal Service and the impact of the closing or consolidation on postal customers.CommentsClose CommentsPermalink

office of inspector general

salaries and expenses

(including transfer of funds)

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $241,468,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(b)(3) of the Postal Accountability and Enhancement Act (Public Law 109-435).CommentsClose CommentsPermalink

United States Tax Court

salaries and expenses

For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $53,103,429: Provided, That travel expenses of the judges shall be paid upon the written certificate of the judge.CommentsClose CommentsPermalink

TITLE VI

GENERAL PROVISIONS--THIS ACT

Sec. 601. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.CommentsClose CommentsPermalink





Sec. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.CommentsClose CommentsPermalink





Sec. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.CommentsClose CommentsPermalink





Sec. 604. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.CommentsClose CommentsPermalink





Sec. 605. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).CommentsClose CommentsPermalink





Sec. 606. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with the Buy American Act (41 U.S.C. 10a-10c).CommentsClose CommentsPermalink





Sec. 607. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C. 10a-10c).CommentsClose CommentsPermalink





Sec. 608. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2013, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by the Committee on Appropriations of either the House of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: Provided, That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, That at a minimum, the report shall include: (1) a table for each appropriation with a separate column to display the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (3) an identification of items of special congressional interest: Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress.CommentsClose CommentsPermalink





Sec. 609. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2013 from appropriations made available for salaries and expenses for fiscal year 2013 in this Act, shall remain available through September 30, 2014, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines.CommentsClose CommentsPermalink





Sec. 610. None of the funds made available in this Act may be used by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual, except when--CommentsClose CommentsPermalink





(1) such individual has given his or her express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; orCommentsClose CommentsPermalink





(2) such request is required due to extraordinary circumstances involving national security.CommentsClose CommentsPermalink





Sec. 611. The cost accounting standards promulgated under chapter 15 of title 41, United States Code shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code.CommentsClose CommentsPermalink





Sec. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office of Personnel Management pursuant to court approval.CommentsClose CommentsPermalink





Sec. 613. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in chapter 83 of title 41, United States Code (popularly known as the Buy American Act), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 103 of title 41, United States Code).CommentsClose CommentsPermalink





Sec. 614. Notwithstanding section 1353 of title 31, United States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official duties of the officer or employee when the entity offering payment or reimbursement is a person or entity subject to regulation by such agency or commission, or represents a person or entity subject to regulation by such agency or commission, unless the person or entity is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.CommentsClose CommentsPermalink





Sec. 615. The Public Company Accounting Oversight Board shall have authority to obligate funds for the scholarship program established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-204) in an aggregate amount not exceeding the amount of funds collected by the Board as of December 31, 2012, including accrued interest, as a result of the assessment of monetary penalties. Funds available for obligation in fiscal year 2013 shall remain available until expended.CommentsClose CommentsPermalink





Sec. 616. Notwithstanding section 708 of this Act, funds made available to the Commodity Futures Trading Commission and the Securities and Exchange Commission by this or any other Act may be used for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.CommentsClose CommentsPermalink





Sec. 617. None of the funds appropriated by this or any other Act shall be available for the purpose of conveying the headquarters building of the Federal Trade Commission (located at 600 Pennsylvania Avenue, Northwest, in the District of Columbia) to any entity unless the Administrator of General Services determines that such transaction is made in the best interest of the taxpayer. In making a final determination, the Administrator shall consider if the Federal Government would be compensated at least the Fair Market Value of such building as determined by the Administrator of the General Services. The Administrator shall determine the property’s Fair Market Value through an appraisal conducted by a licensed, independent appraiser. The appraisal shall be based on the property’s highest and best use. The Administrator shall also consider cost to the taxpayer for acquiring replacement space for the headquarters building of the Federal Trade Commission and for moving staff and operations to such replacement space. The determination of the Administrator shall be final.CommentsClose CommentsPermalink





Sec. 618. The Department of the Treasury, the Executive Office of the President, the Judiciary, the Federal Communications Commission, the Federal Trade Commission, the General Services Administration, the National Archives and Records Administration, the Securities and Exchange Commission, and the Small Business Administration shall provide the Committees on Appropriations of the House and the Senate a quarterly accounting of the cumulative balances of any unobligated funds that were received by such agency during any previous fiscal year.CommentsClose CommentsPermalink





Sec. 619. (a)(1) Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space must consult with the General Services Administration 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.CommentsClose CommentsPermalink





(2) Any such agency with authority to enter into an emergency lease may do so during any period declared by the President to require emergency leasing authority with respect to such agency.CommentsClose CommentsPermalink





(b) For purposes of this section, the term ‘Executive agency covered by this Act’ means any Executive agency provided funds by this Act, but does not include the General Services Administration or the United States Postal Service.CommentsClose CommentsPermalink





Sec. 620. None of the funds made available by this Act may be used 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 with respect to which any unpaid Federal tax liability 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, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.CommentsClose CommentsPermalink





Sec. 621. None of the funds made available by this Act may be used 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 that was convicted or had an officer or agent of such corporation acting on behalf of the corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent and made a determination that this further action is not necessary to protect the interests of the Government.CommentsClose CommentsPermalink





Sec. 622. Section 302(g) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(g)) is amended to read as follows:CommentsClose CommentsPermalink





‘(g) Filing With the Commission- All designations, statements, and reports required to be filed under this Act shall be filed with the Commission.’.CommentsClose CommentsPermalink





Sec. 623. (a) Section 7 of the Abraham Lincoln Commemorative Coin Act (31 U.S.C. 5112 note) is amended in each of subsections (b) and (c), by striking ‘Commission’ each place that term appears and inserting ‘Foundation’.CommentsClose CommentsPermalink





(b) Section 7(b) of the Abraham Lincoln Commemorative Coin Act (31 U.S.C. 5112 note) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Subject to’ and all that follows through ‘all surcharges’ and inserting ‘All surcharges’; andCommentsClose CommentsPermalink





(2) by adding at the end the following: ‘Payment of surcharges under this Act shall be subject to subsection (f)(1) of section 5134 of title 31, United States Code, except that, for purposes of this Act--CommentsClose CommentsPermalink





‘(1) subparagraph (A)(ii) of that subsection (f)(1) shall be read as follows:CommentsClose CommentsPermalink





‘(ii) the designated recipient organization submits an audited financial statement that demonstrates, to the satisfaction of the Secretary, that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the organization has raised funds from private sources for such projects and purposes.’; andCommentsClose CommentsPermalink





‘(2) subparagraph (B) of that subsection (f)(1) shall be read by striking ‘2-year period’ in the matter preceding clause (i) and inserting ‘3-year and 9 month period’.’.CommentsClose CommentsPermalink





Sec. 624. (a) In this section--CommentsClose CommentsPermalink





(1) the term ‘agency’ has the meaning given the term ‘Executive agency’ under section 105 of title 5, United States Code; andCommentsClose CommentsPermalink





(2) the term ‘conference’ has the meaning given that term under section 300-3.1 of title 41, Code of Federal Regulations, or any successor thereto.CommentsClose CommentsPermalink





(b) A grant or contract funded by amounts made available under this Act may not be used for the purpose of defraying the cost of a conference that is not directly and programmatically related to the purpose of the program under which the grant or contract was awarded.CommentsClose CommentsPermalink





(c)(1) Except as provided in paragraph (3), an agency may not sponsor or host a conference for which the cost to the agency is expected to be more than $100,000 using amounts made available under this Act, unless the Deputy Secretary (or equivalent) of the agency approves sponsoring or hosting the conference.CommentsClose CommentsPermalink





(2)(A) Except as provided in subparagraph (B) or paragraph (3), an agency may not sponsor or host a conference for which the cost to the agency is expected to be more than $500,000 using amounts made available under this Act.CommentsClose CommentsPermalink





(B) The head of an agency may waive the prohibition under subparagraph (A) if the head of the agency determines that, because of exceptional circumstances, spending more than $500,000 on a conference is the most cost-effective means of achieving a compelling purpose.CommentsClose CommentsPermalink





(3) For purposes of a conference sponsored or hosted by the Office of the Inspector General of an agency, the Inspector General shall discharge the authorities and responsibilities of the head and Deputy Secretary of the agency under this subsection.CommentsClose CommentsPermalink





(4) The authorities and responsibilities under this subsection may not be delegated.CommentsClose CommentsPermalink





(d) Not later than October 31, 2013, each agency that receives funds under this Act that sponsors or hosts a conference during fiscal year 2013 for which the cost to the agency is more than $100,000 using amounts made available under this Act or any other Act shall issue a publicly available report which--CommentsClose CommentsPermalink





(1) shall include, for each such conference--CommentsClose CommentsPermalink





(A) the cost to the agency of the conference;CommentsClose CommentsPermalink





(B) the location of the conference;CommentsClose CommentsPermalink





(C) the date of the conference;CommentsClose CommentsPermalink





(D) a brief explanation of how the conference advanced the mission of the agency;CommentsClose CommentsPermalink





(E) the total number of individuals whose travel expenses or other conference expenses were paid by the agency; andCommentsClose CommentsPermalink





(F) any waiver made under subsection (c)(2)(B); andCommentsClose CommentsPermalink





(2) shall not include any confidential or similarly sensitive information.CommentsClose CommentsPermalink

TITLE VII

GENERAL PROVISIONS--GOVERNMENT-WIDE

Departments, Agencies, and Corporations

Sec. 701. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2013 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act (21 U.S.C. 802)) by the officers and employees of such department, agency, or instrumentality.CommentsClose CommentsPermalink





Sec. 702. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with subsection 1343(c) of title 31, United States Code, for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is hereby fixed at $13,197 except station wagons for which the maximum shall be $13,631: Provided, That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided further, That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further, That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101-549 over the cost of comparable conventionally fueled vehicles: Provided further, That the limits set forth in this section shall not apply to any vehicle that is a commercial item and which operates on emerging motor vehicle technology, including but not limited to electric, plug-in hybrid electric, and hydrogen fuel cell vehicles.CommentsClose CommentsPermalink





Sec. 703. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922-5924.CommentsClose CommentsPermalink





Sec. 704. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person who owes allegiance to the United States: Provided, That for purposes of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status are being complied with: Provided further, That for purposes of subsections (2) and (3) such affidavits shall be submitted prior to employment and updated thereafter as necessary: Provided further, That any person making a false affidavit shall be guilty of a felony, and upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government: Provided further, That this section shall not apply to any person who is an officer or employee of the Government of the United States on the date of enactment of this Act, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies: Provided further, That this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed by the Department of the Interior or the USDA Forest Service pursuant to an agreement with another country.CommentsClose CommentsPermalink





Sec. 705. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law.CommentsClose CommentsPermalink





Sec. 706. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes:CommentsClose CommentsPermalink





(1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13423 (January 24, 2007), including any such programs adopted prior to the effective date of the Executive order.CommentsClose CommentsPermalink





(2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs.CommentsClose CommentsPermalink





(3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency.CommentsClose CommentsPermalink





Sec. 707. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced.CommentsClose CommentsPermalink





Sec. 708. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality.CommentsClose CommentsPermalink





Sec. 709. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States.CommentsClose CommentsPermalink





Sec. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. For the purposes of this section, the term ‘office’ shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual.CommentsClose CommentsPermalink





Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 12472 (April 3, 1984).CommentsClose CommentsPermalink





Sec. 712. (a) None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to 5 U.S.C. 3302, without a certification to the Office of Personnel Management from the head of the Federal department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the White House.CommentsClose CommentsPermalink





(b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from--CommentsClose CommentsPermalink





(1) the Central Intelligence Agency;CommentsClose CommentsPermalink





(2) the National Security Agency;CommentsClose CommentsPermalink





(3) the Defense Intelligence Agency;CommentsClose CommentsPermalink





(4) the National Geospatial-Intelligence Agency;CommentsClose CommentsPermalink





(5) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;CommentsClose CommentsPermalink





(6) the Bureau of Intelligence and Research of the Department of State;CommentsClose CommentsPermalink





(7) any agency, office, or unit of the Army, Navy, Air Force, or Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation or the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, or the Department of Energy performing intelligence functions; orCommentsClose CommentsPermalink





(8) the Director of National Intelligence or the Office of the Director of National Intelligence.CommentsClose CommentsPermalink





Sec. 713. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who--CommentsClose CommentsPermalink





(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; orCommentsClose CommentsPermalink





(2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1).CommentsClose CommentsPermalink





Sec. 714. (a) None of the funds made available in this or any other Act may be obligated or expended for any employee training that--CommentsClose CommentsPermalink





(1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;CommentsClose CommentsPermalink





(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;CommentsClose CommentsPermalink





(3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation;CommentsClose CommentsPermalink





(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘new age’ belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988; orCommentsClose CommentsPermalink





(5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace.CommentsClose CommentsPermalink





(b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.CommentsClose CommentsPermalink





Sec. 715. (a) No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: ‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 13526 (75 Fed. Reg. 707), or any successor thereto; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); sections 7(c) and 8H of the Inspector General Act of 1978 (5 U.S.C. App.) (relating to disclosures to an inspector general, the inspectors general of the Intelligence Community, and Congress); section 103H(g)(3) of the National Security Act of 1947 (50 U.S.C. 403-3h(g)(3) (relating to disclosures to the inspector general of the Intelligence Community); sections 17(d)(5) and 17(e)(3) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5) and 403q(e)(3)) (relating to disclosures to the Inspector General of the Central Intelligence Agency and Congress); and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive order and listed statutes are incorporated into this agreement and are controlling.’: Provided, That notwithstanding the preceding provision of this section, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law.CommentsClose CommentsPermalink





(b) A nondisclosure agreement may continue to be implemented and enforced notwithstanding subsection (a) if it complies with the requirements for such agreement that were in effect when the agreement was entered into.CommentsClose CommentsPermalink





Sec. 716. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.CommentsClose CommentsPermalink





Sec. 717. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee’s home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction.CommentsClose CommentsPermalink





Sec. 718. None of the funds made available in this Act or any other Act may be used to provide any non-public information such as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink





Sec. 719. No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofore authorized by the Congress.CommentsClose CommentsPermalink





Sec. 720. (a) In this section, the term ‘agency’--CommentsClose CommentsPermalink





(1) means an Executive agency, as defined under 5 U.S.C. 105; andCommentsClose CommentsPermalink





(2) includes a military department, as defined under section 102 of such title, the Postal Service, and the Postal Regulatory Commission.CommentsClose CommentsPermalink





(b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest effort and a reasonable proportion of such employee’s time in the performance of official duties.CommentsClose CommentsPermalink





Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Federal Accounting Standards Advisory Board (FASAB), shall be available to finance an appropriate share of FASAB administrative costs.CommentsClose CommentsPermalink

(transfers of funds)

Sec. 722. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse ‘General Services Administration, Government-wide Policy’ with the approval of the Director of the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including rebates from charge card and other contracts: Provided, That these funds shall be administered by the Administrator of General Services to support Government-wide and other multi-agency financial, information technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups designated by the Director (including the President’s Management Council for overall management improvement initiatives, the Chief Financial Officers Council for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for performance improvement initiatives): Provided further, That the total funds transferred or reimbursed shall not exceed $17,000,000 for Government-Wide innovations, initiatives, and activities: Provided further, That the funds transferred to or for reimbursement of ‘General Services Administration, Government-wide Policy’ during fiscal year 2013 shall remain available for obligation through September 30, 2014: Provided further, That such transfers or reimbursements may only be made after 15 days following notification of the Committees on Appropriations by the Director of the Office of Management and Budget.CommentsClose CommentsPermalink





Sec. 723. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location.CommentsClose CommentsPermalink





Sec. 724. Notwithstanding 31 U.S.C. 1346, or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of specific projects, workshops, studies, and similar efforts to carry out the purposes of the National Science and Technology Council (authorized by Executive Order No. 12881), which benefit multiple Federal departments, agencies, or entities: Provided, That the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the House Committee on Science and Technology, and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act.CommentsClose CommentsPermalink





Sec. 725. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall indicate the agency providing the funds, the Catalog of Federal Domestic Assistance Number, as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds.CommentsClose CommentsPermalink





Sec. 726. (a) Prohibition of Federal Agency Monitoring of Individuals’ Internet Use- None of the funds made available in this or any other Act may be used by any Federal agency--CommentsClose CommentsPermalink





(1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual’s access to or use of any Federal Government Internet site of the agency; orCommentsClose CommentsPermalink





(2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual’s access to or use of any nongovernmental Internet site.CommentsClose CommentsPermalink





(b) Exceptions- The limitations established in subsection (a) shall not apply to--CommentsClose CommentsPermalink





(1) any record of aggregate data that does not identify particular persons;CommentsClose CommentsPermalink





(2) any voluntary submission of personally identifiable information;CommentsClose CommentsPermalink





(3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; orCommentsClose CommentsPermalink





(4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site.CommentsClose CommentsPermalink





(c) Definitions- For the purposes of this section:CommentsClose CommentsPermalink





(1) The term ‘regulatory’ means agency actions to implement, interpret or enforce authorities provided in law.CommentsClose CommentsPermalink





(2) The term ‘supervisory’ means examinations of the agency’s supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law.CommentsClose CommentsPermalink





Sec. 727. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage.CommentsClose CommentsPermalink





(b) Nothing in this section shall apply to a contract with--CommentsClose CommentsPermalink





(1) any of the following religious plans:CommentsClose CommentsPermalink





(A) Personal Care’s HMO; andCommentsClose CommentsPermalink





(B) OSF HealthPlans, Inc.; andCommentsClose CommentsPermalink





(2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs.CommentsClose CommentsPermalink





(c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual’s religious beliefs or moral convictions.CommentsClose CommentsPermalink





(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.CommentsClose CommentsPermalink





Sec. 728. The United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities.CommentsClose CommentsPermalink





Sec. 729. Notwithstanding any other provision of law, funds appropriated for official travel by Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A-126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program.CommentsClose CommentsPermalink





Sec. 730. Notwithstanding any other provision of law, none of the funds appropriated or made available under this Act or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 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).CommentsClose CommentsPermalink





Sec. 731. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.CommentsClose CommentsPermalink





Sec. 732. (a) For fiscal year 2013, no funds shall be available for transfers or reimbursements to the E-government initiatives sponsored by the Office of Management and Budget prior to 15 days following submission of a report to the Committees on Appropriations of the House of Representatives and the Senate by the Director of the Office of Management and Budget and receipt of approval to transfer funds by the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink





(b) The report in subsection (a) and other required justification materials shall include at a minimum--CommentsClose CommentsPermalink





(1) a description of each initiative including but not limited to its objectives, benefits, development status, risks, cost effectiveness (including estimated net costs or savings to the government), and the estimated date of full operational capability;CommentsClose CommentsPermalink





(2) the total development cost of each initiative by fiscal year including costs to date, the estimated costs to complete its development to full operational capability, and estimated annual operations and maintenance costs; andCommentsClose CommentsPermalink





(3) the sources and distribution of funding by fiscal year and by agency and bureau for each initiative including agency contributions to date and estimated future contributions by agency.CommentsClose CommentsPermalink





(c) No funds shall be available for obligation or expenditure for new E-government initiatives without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink





Sec. 733. None of the funds appropriated or otherwise made available by this or any other Act may be used 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 Office of Management and Budget Circular A-76 or any other administrative regulation, directive, or policy.CommentsClose CommentsPermalink





Sec. 734. Unless otherwise authorized by existing law, none of the funds provided in this Act or any other Act may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency.CommentsClose CommentsPermalink





Sec. 735. None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act) and regulations implementing that section.CommentsClose CommentsPermalink





Sec. 736. Each executive department and agency shall evaluate the creditworthiness of an individual before issuing the individual a government travel charge card. Such evaluations for individually billed travel charge cards shall include an assessment of the individual’s consumer report from a consumer reporting agency as those terms are defined in section 603 of the Fair Credit Reporting Act (Public Law 91-508): Provided, That the department or agency may not issue a government travel charge card to an individual that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided further, That this restriction shall not preclude issuance of a restricted-use charge, debit, or stored value card made in accordance with agency procedures to: (1) an individual with an unsatisfactory credit history where such card is used to pay travel expenses and the agency determines there is no suitable alternative payment mechanism available before issuing the card; or (2) an individual who lacks a credit history. Each executive department and agency shall establish guidelines and procedures for disciplinary actions to be taken against agency personnel for improper, fraudulent, or abusive use of government charge cards, which shall include appropriate disciplinary actions for use of charge cards for purposes, and at establishments, that are inconsistent with the official business of the Department or agency or with applicable standards of conduct.CommentsClose CommentsPermalink





Sec. 737. (a) For purposes of this section the following definitions apply:CommentsClose CommentsPermalink





(1) The terms ‘Great Lakes’ and ‘Great Lakes State’ have the same meanings as such terms have in section 506 of the Water Resources Development Act of 2000 (42 U.S.C. 1962d-22).CommentsClose CommentsPermalink





(2) The term ‘Great Lakes restoration activities’ means any Federal or State activity primarily or entirely within the Great Lakes watershed that seeks to improve the overall health of the Great Lakes ecosystem.CommentsClose CommentsPermalink





(b) Not later than 45 days after submission of the budget of the President to Congress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Great Lakes Interagency Task Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report, certified by the Secretary of each agency that has budget authority for Great Lakes restoration activities, containing--CommentsClose CommentsPermalink





(1) an interagency budget crosscut report that--CommentsClose CommentsPermalink





(A) displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately reporting the amount of funding to be provided under existing laws pertaining to the Great Lakes ecosystem; andCommentsClose CommentsPermalink





(B) identifies all expenditures since fiscal year 2004 by the Federal Government and State governments for Great Lakes restoration activities;CommentsClose CommentsPermalink





(2) a detailed accounting of all funds received and obligated by all Federal agencies and, to the extent available, State agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years;CommentsClose CommentsPermalink





(3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to be carried out in the upcoming fiscal year with the Federal portion of funds for activities; andCommentsClose CommentsPermalink





(4) a listing of all projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for activities.CommentsClose CommentsPermalink





Sec. 738. (a) In General- None of the funds appropriated or otherwise made available by this or any other Act may be used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity.CommentsClose CommentsPermalink





(b) Waivers-CommentsClose CommentsPermalink





(1) IN GENERAL- Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of such Secretary if the Secretary determines that the waiver is required in the interest of national security.CommentsClose CommentsPermalink





(2) REPORT TO CONGRESS- Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress.CommentsClose CommentsPermalink





(c) Exception- This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act, or to any task order issued pursuant to such contract.CommentsClose CommentsPermalink





Sec. 739. None of the funds made available by this or any other Act may be used to implement, administer, enforce, or apply the rule entitled ‘Competitive Area’ published by the Office of Personnel Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180 et seq.).CommentsClose CommentsPermalink





Sec. 740. Section 743 of the Consolidated Appropriations Act, 2010 (Public Law 111-117; 31 U.S.C. 501 note) is amended in subsection (e)(2)(B), by striking the text and inserting the following: ‘to the maximum extent practicable, the agency is not using contractor employees to perform any functions closely associated with inherently governmental functions;’.CommentsClose CommentsPermalink





Sec. 741. The Office of Management and Budget shall issue guidance, consistent with section 735 of division D of the Omnibus Appropriations Act, 2009, Public Law 111-8, and section 739(a)(1) of division D of the Consolidated Appropriations Act, 2008 (Public Law 110-161), and section 327 of the 2008 National Defense Authorization Act (Public Law 110-181), 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. Such guidance shall ensure that--CommentsClose CommentsPermalink





(1) activities or functions performed by an executive agency and are reengineered, reorganized, modernized, upgraded, expanded, or changed to become more efficient, but still essentially providing the same service, shall not be contracted out without first conducting a public-private competition;CommentsClose CommentsPermalink





(2) activities or functions performed by Federal employees for an executive agency may not be modified, reorganized, divided, or in any way changed for the purpose of exempting the conversion of the activities or functions from the prohibition against the use of direct conversions; andCommentsClose CommentsPermalink





(3) activities or functions performed by Federal employees for an executive agency who have retired or been reassigned to perform other activities may not be converted to contractor performance without first conducting a public-private competition.CommentsClose CommentsPermalink





Sec. 742. During fiscal year 2013, for each employee who--CommentsClose CommentsPermalink





(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code, orCommentsClose CommentsPermalink





(2) retires under any other provision of subchapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as an incentive to separate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management’s average unit cost of processing a retirement claim for the preceding fiscal year. Such amounts shall be available until expended to the Office of Personnel Management and shall be deemed to be an administrative expense under section 8348(a)(1)(B) of title 5, United States Code.CommentsClose CommentsPermalink





Sec. 743. (a) Definitions- In this section--CommentsClose CommentsPermalink





(1) the term ‘agency’--CommentsClose CommentsPermalink





(A) means an Executive agency as defined under section 105 of title 5, United States Code; andCommentsClose CommentsPermalink





(B) does not apply to the Department of Defense; andCommentsClose CommentsPermalink





(2) the term ‘Federal employee’ means an employee as defined under section 2105 of title 5, United States Code.CommentsClose CommentsPermalink





(b) Prohibition of Certain Personnel Management Limitations-CommentsClose CommentsPermalink





(1) IN GENERAL- Federal employees in each agency shall be managed each fiscal year solely on the basis of, and consistent with--CommentsClose CommentsPermalink





(A) the workload required to carry out the functions and activities of that agency; andCommentsClose CommentsPermalink





(B) the funds made available to that agency for that fiscal year.CommentsClose CommentsPermalink





(2) PROHIBITION ON LIMITATIONS- Notwithstanding any other provision of law--CommentsClose CommentsPermalink





(A) the management of Federal employees in any fiscal year shall not be subject to any limitation in terms of work years, full-time equivalent positions, or maximum number of Federal employees; andCommentsClose CommentsPermalink





(B) an agency may not be required to make a reduction in the number of full-time equivalent positions, unless that reduction is--CommentsClose CommentsPermalink





(i) necessary due to a reduction in funds available to the agency; orCommentsClose CommentsPermalink





(ii) required under a statute that--CommentsClose CommentsPermalink





(I) is enacted after the date of enactment of this Act; andCommentsClose CommentsPermalink





(II) specifically refers to this section.CommentsClose CommentsPermalink





Sec. 744. (a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2013, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code--CommentsClose CommentsPermalink





(1) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2013, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; andCommentsClose CommentsPermalink





(2) during the period consisting of the remainder of fiscal year 2013, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of--CommentsClose CommentsPermalink





(A) the percentage adjustment taking effect in fiscal year 2013 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; andCommentsClose CommentsPermalink





(B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2013 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section.CommentsClose CommentsPermalink





(b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee.CommentsClose CommentsPermalink





(c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 2012, shall be determined under regulations prescribed by the Office of Personnel Management.CommentsClose CommentsPermalink





(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 2012, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.CommentsClose CommentsPermalink





(e) This section shall apply with respect to pay for service performed after September 30, 2012.CommentsClose CommentsPermalink





(f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay.CommentsClose CommentsPermalink





(g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.CommentsClose CommentsPermalink





(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.CommentsClose CommentsPermalink





Sec. 745. (a) The Vice President may not receive a pay raise in calendar year 2013, notwithstanding section 104 of title 3, United States Code, or any other provision of law.CommentsClose CommentsPermalink





(b) An individual serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, may not receive a pay rate increase in calendar year 2013, notwithstanding schedule adjustments made under section 5318 of title 5, United States Code, or any other provision of law, except as provided in subsection (g) or (h). The preceding sentence applies only to individuals who are holding a position in which they serve at the pleasure of the President or other appointing official.CommentsClose CommentsPermalink





(c) A chief of mission or ambassador at large may not receive a pay rate increase in calendar year 2013, notwithstanding section 401 of the Foreign Service Act of 1980 (Public Law 96-465) or any other provision of law, except as provided in subsection (g) or (h).CommentsClose CommentsPermalink





(d) A noncareer appointee in the Senior Executive Service may not receive a pay rate increase in calendar year 2013, notwithstanding sections 5382 and 5383 of title 5, United States Code.CommentsClose CommentsPermalink





(e) Any employee paid a rate of basic pay (including locality-based payments under section 5304 of title 5, United States Code, or similar authority) at or above level IV of the Executive Schedule who serves at the pleasure of the appointing official may not receive a pay rate increase in calendar year 2013, notwithstanding any other provision of law, except as provided in subsection (g) or (h). This subsection does not apply to employees in the General Schedule pay system or the Foreign Service pay system, or to employees appointed under 5 U.S.C. 3161, or to employees in another pay system whose position would be classified at GS-15 or below if chapter 51 of title 5, United States Code, applied to them.CommentsClose CommentsPermalink





(f) Nothing in this section shall prevent employees who do not serve at the pleasure of the appointing official from receiving pay increases as otherwise provided under applicable law.CommentsClose CommentsPermalink





(g) A career appointee in the Senior Executive Service who receives a Presidential appointment and who makes an election to retain Senior Executive Service basic pay entitlements under section 3392 of title 5, United States Code, is not subject to this section.CommentsClose CommentsPermalink





(h) A member of Senior Foreign Service who receives a Presidential appointment to any position in the executive branch and who makes an election to retain Senior Foreign Service pay entitlements under section 302(b)of the Foreign Service Act of 1980 (Public Law 96-465) is not subject to this section.CommentsClose CommentsPermalink





Sec. 746. (a) Not later than September 30, 2013, the Administrator of General Services shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report relating to the Automated External Defibrillators of the Federal Government, which shall include, for each agency--CommentsClose CommentsPermalink





(1) a complete inventory of the Automated External Defibrillators of the agency, including itemization of the Automated External Defibrillators purchased by the agency during fiscal year 2011;CommentsClose CommentsPermalink





(2) an itemization of the total cost of the maintenance, purchasing, and leasing of the Automated External Defibrillators of the agency; andCommentsClose CommentsPermalink





(3) a detailed discussion of the program of the agency for providing Automated External Defibrillator at worksites of the agency, which shall include a discussion of the compliance of the agency with the with the guidelines entitled ‘Guidelines for Public Access Defibrillation Programs in Federal Facilities’ (74 Fed. Reg. 41133, August 14, 2009).CommentsClose CommentsPermalink





(b) The head of each agency shall submit to the Administrator of General Services such information as the Administrator requires to prepare the report required under subsection (a).CommentsClose CommentsPermalink





Sec. 747. (a)(1) Section 2324(e)(1)(P) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(A) by inserting ‘(i)’ after ‘(P)’;CommentsClose CommentsPermalink





(B) in clause (i), as designated by subparagraph (P)--CommentsClose CommentsPermalink





(i) by inserting ‘or subcontractor’ after ‘any contractor’; andCommentsClose CommentsPermalink





(ii) by striking ‘the benchmark’ and all that follows through ‘section 1127 of title 41’ and inserting ‘the annual amount paid to the President of the United States in accordance with section 102 of title 3’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(ii) In this subparagraph:CommentsClose CommentsPermalink





‘(I) The term ‘compensation’, in the case of an employee, includes the total amount of wages, salary, bonuses, and deferred compensation for the employee for a fiscal year, whether paid, earned, or otherwise accruing, as recorded in an employer’s cost accounting records for the fiscal year.CommentsClose CommentsPermalink





‘(II) The term ‘fiscal year’ means a fiscal year a contractor or subcontractor establishes for accounting purposes.’.CommentsClose CommentsPermalink





(2) Paragraph (16) of section 4304(a) of title 41, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(16) Costs of compensation of any contractor or subcontractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual amount paid to the President of the United States in accordance with section 102 of title 3, except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, and other specialist positions upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.’.CommentsClose CommentsPermalink





(3) The amendments made by this subsection shall take effect on the date that is 180 days after the date of the enactment of this Act, and shall apply with respect to contracts entered into on or after such effective date.CommentsClose CommentsPermalink





(b)(1) Section 1127 of title 41, United States Code, is repealed.CommentsClose CommentsPermalink





(2) The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1127.CommentsClose CommentsPermalink





(3) The amendments made by this subsection shall take effect on the date that is 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





Sec. 748. Except as expressly provided otherwise, any reference to ‘this Act’ contained in any title other than title IV or VIII shall not apply to such title IV or VIII.CommentsClose CommentsPermalink

TITLE VIII

GENERAL PROVISIONS--DISTRICT OF COLUMBIA

(including transfer of funds)

Sec. 801. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government.CommentsClose CommentsPermalink





Sec. 802. None of the Federal funds provided in this Act shall be used 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.CommentsClose CommentsPermalink





Sec. 803. (a) None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2013, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which--CommentsClose CommentsPermalink





(1) creates new programs;CommentsClose CommentsPermalink





(2) eliminates a program, project, or responsibility center;CommentsClose CommentsPermalink





(3) establishes or changes allocations specifically denied, limited or increased under this Act;CommentsClose CommentsPermalink





(4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted;CommentsClose CommentsPermalink





(5) re-establishes any program or project previously deferred through reprogramming;CommentsClose CommentsPermalink





(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; orCommentsClose CommentsPermalink





(7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center,CommentsClose CommentsPermalink





unless the Committees on Appropriations of the House of Representatives and the Senate are notified in writing 15 days in advance of the reprogramming.CommentsClose CommentsPermalink





(b) The District of Columbia government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 1, 2013.CommentsClose CommentsPermalink





Sec. 804. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official Code, sec. 1-123).CommentsClose CommentsPermalink





Sec. 805. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer’s or employee’s official duties. For purposes of this section, the term ‘official duties’ does not include travel between the officer’s or employee’s residence and workplace, except in the case of--CommentsClose CommentsPermalink





(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or a District of Columbia government employee as may otherwise be designated by the Chief of the Department;CommentsClose CommentsPermalink





(2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Fire Chief;CommentsClose CommentsPermalink





(3) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Director;CommentsClose CommentsPermalink





(4) the Mayor of the District of Columbia; andCommentsClose CommentsPermalink





(5) the Chairman of the Council of the District of Columbia.CommentsClose CommentsPermalink





Sec. 806. (a) None of the Federal funds contained in this Act may be used 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 of Columbia.CommentsClose CommentsPermalink





(b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.CommentsClose CommentsPermalink





Sec. 807. None of the Federal funds contained in this Act may be used 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.CommentsClose CommentsPermalink





Sec. 808. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is 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.CommentsClose CommentsPermalink





Sec. 809. None of the Federal funds contained in this Act may be used 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 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.CommentsClose CommentsPermalink





Sec. 810. None of the Federal funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest.CommentsClose CommentsPermalink





Sec. 811. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42), for all agencies of the District of Columbia government for fiscal year 2013 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures.CommentsClose CommentsPermalink





(b) This section shall apply only to an agency for which the Chief Financial Officer for the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements.CommentsClose CommentsPermalink





Sec. 812. No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-204.42).CommentsClose CommentsPermalink





Sec. 813. (a) Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia’s enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act.CommentsClose CommentsPermalink





(b) The District of Columbia government may reprogram or transfer for operating expenses any local funds transferred or reprogrammed from operating expenses to capital funds in this or in the 4 prior fiscal years, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act.CommentsClose CommentsPermalink





(c) The District of Columbia government may not transfer or reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.CommentsClose CommentsPermalink





Sec. 814. Hereafter, notwithstanding any other laws, for this and succeeding fiscal years, the Director of the District of Columbia Public Defender Service shall, to the extent the Director considers appropriate, provide representation for and hold harmless, or provide liability insurance for, any person who is an employee, member of the Board of Trustees, or officer of the District of Columbia Public Defender 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, including, but not limited to such claims, proceedings, or cases at law involving employment actions, injury, loss of liberty, property damage, loss of property, or personal injury, or death arising from malpractice or negligence of any such officer or employee.CommentsClose CommentsPermalink





Sec. 815. Section 446 of the Home Rule Act (D.C. Official Code sec. 1-204.46) is amended by adding the following at the end of its fourth sentence, before the period ‘: Provided, That, notwithstanding any other provision of this Act, effective for fiscal year 2013, and for each succeeding fiscal year, during a period in which there is an absence of a Federal appropriations Act authorizing the expenditure of District of Columbia local funds, the District of Columbia may obligate and expend local funds for programs and activities at the rate set forth in the Budget Request Act adopted by the Council, or a reprogramming adopted pursuant to this section.’.CommentsClose CommentsPermalink





Sec. 816. (a) If the Attorney General of the District of Columbia enters into a contract with private counsel for the provision of legal services in claims and other legal matters affecting the interests of the District of Columbia and the contract includes a contingency fee arrangement, the District of Columbia may make payments pursuant to such arrangement without regard to whether the funds used for the payments are deposited in accounts of the District of Columbia or provided in an appropriation, notwithstanding any provision of title 31, United States Code, the fourth sentence of section 446 of the District of Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code), or any other District of Columbia law.CommentsClose CommentsPermalink





(b) Any contract described in subsection (a) shall be subject to the requirements of the Procurement Practices Reform Act of 2010 (sec. 2-351.01 et seq., D.C. Official Code). The amount of the fee payable for legal services furnished under any such contract may not exceed the fee that counsel engaged in the private practice of law in the District of Columbia typically charges clients for furnishing similar legal services, as determined by the Attorney General of the District of Columbia.CommentsClose CommentsPermalink





(c) The District of Columbia may not enter into a contingency fee arrangement in a claim or other legal matter seeking the recovery of Federal funds.CommentsClose CommentsPermalink





(d) In this section, a ‘contingency fee arrangement’ means a provision in a contract described in subsection (a) under which the costs, expenses, and fees the private counsel charges for legal services are payable from the amount recovered.CommentsClose CommentsPermalink





(e) This section shall apply with respect to fiscal year 2013 and each succeeding fiscal year.CommentsClose CommentsPermalink





Sec. 817. Except as expressly provided otherwise, any reference to ‘this Act’ contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV.CommentsClose CommentsPermalink





Sec. 818. (a) Not later than 2 years after the date of the enactment of this Act, the Joint Committee on the Library shall accept the donation from the District of Columbia of a statue depicting Frederick Douglass, subject to such terms and conditions as the Joint Committee considers appropriate.CommentsClose CommentsPermalink





(b) The Joint Committee shall place the statue accepted under subsection (a) in a suitable permanent location in the United States Capitol.CommentsClose CommentsPermalink





(c) The District of Columbia shall pay all costs associated with the donation, including transportation of the statue to, and placement in, the Capitol.CommentsClose CommentsPermalink





This Act may be cited as the ‘Financial Services and General Government Appropriations Act, 2013’.CommentsClose CommentsPermalink

Calendar No. 429CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3301CommentsClose CommentsPermalink

[Report No. 112-177]CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

Making appropriations for financial services and general government for the fiscal year ending September 30, 2013, and for other purposes.CommentsClose CommentsPermalink

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June 14, 2012CommentsClose CommentsPermalink

Read twice and placed on the calendarCommentsClose CommentsPermalink