S.3301 - Financial Services and General Government Appropriations Act, 2013112th Congress (2011-2012)
|Sponsor:||Sen. Durbin, Richard J. [D-IL] (Introduced 06/14/2012)|
|Committees:||Senate - Appropriations|
|Committee Reports:||S. Rept. 112-177|
|Latest Action:||Senate - 06/14/2012 Placed on Senate Legislative Calendar under General Orders. Calendar No. 429. (All Actions)|
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Summary: S.3301 — 112th Congress (2011-2012)All Information (Except Text)
Reported to Senate without amendment (06/14/2012)
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Financial Services and General Government Appropriations Act, 2013 - Title I: Department of the Treasury - Department of the Treasury Appropriations Act, 2013 - Makes appropriations for FY2013 to the Department of the Treasury for: (1) departmental offices, (2) department-wide systems and capital investments programs, (3) the Office of Inspector General, (4) the Treasury Inspector General for Tax Administration, (5) the Special Inspector General for the Troubled Asset Relief Program (TARP), (6) the Financial Crimes Enforcement Network, (7) the Alcohol and Tobacco Tax and Trade Bureau, (8) the U.S. Mint for the U.S. Mint Public Enterprise Fund, (9) the Fiscal Service, (10) the Community Development Financial Institutions Fund Program Account, and (11) the Internal Revenue Service (IRS).
Sets forth certain transfers of funds, plus a rescission of certain funds from the Treasury Forfeiture Fund.
(Sec. 102) Requires the IRS to maintain a training program for IRS employees in taxpayers' rights, in dealing courteously with taxpayers, and in cross-cultural relations.
(Sec. 104) Makes funds for the IRS under any Act available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers.
(Sec. 105) Prohibits the use of funds made available in this Act to enter into, renew, extend, administer, implement, enforce, or provide oversight of any qualified tax collection contract.
(Sec. 110) Bars the use of funds to the Department of the Treasury or the Bureau of Engraving and Printing to redesign the $1 Federal Reserve note.
(Sec. 112) Extends from 14 to 16 years the authorization for the personnel management demonstration project for employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms (ATF).
(Sec. 113) Prohibits the U.S. Mint from using any federal funds to construct or operate any museum without the explicit approval of specified congressional committees.
(Sec. 114) Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without the explicit approval of the same congressional committees.
(Sec. 115) Deems any funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947 during FY2013, until the enactment of the Intelligence Authorization Act for FY2013.
(Sec. 116) Requires up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses.
(Sec. 117) Requires the Secretary of the Treasury (Secretary in this title) to submit a Capital Investment Plan to congressional appropriations committees within 30 days after the submission of the President's annual budget.
(Sec. 118) Requires amounts appropriated to the Secretary for mandatory refunding of internal revenue collections to be administered as if they were made available through separate appropriations to the Secretary, the Secretary of Homeland Security (DHS), and the Attorney General.
Makes such appropriated funds available to: (1) the Secretary for refunds by the IRS of taxes collected and related interest and separately, for refunds and drawbacks of alcohol, tobacco, firearms and ammunition taxes and refunds of other taxes which may arise; (2) DHS for refunds and drawbacks of receipts collected pursuant to the customs revenue function; and (3) the Attorney General for refunds of firearms taxes and of other taxes which may arise. Makes such funds available also for payment of interest and prior fiscal year claims.
(Sec. 119) Authorizes the Secretary to: (1) locate and recover federal assets on behalf of any executive, judicial, or legislative agency in accordance with appropriate procedures; and (2) retain a portion of such recovered amounts to cover related administrative and operational costs.
Requires deposit of the amounts retained into an Unclaimed Assets Recovery Account established in the Treasury to cover costs associated with implementation and operation of the Secretary's asset recovery program.
Title II: Executive Office of the President and Funds Appropriated to the President - Executive Office of the President Appropriations Act, 2013 - Makes appropriations for FY2013 for compensation of the President and designated White House agencies, including: (1) the Council of Economic Advisers; (2) the National Security Council (NSC) and the Homeland Security Council; (3) the Office of Administration; (4) the Office of Management and Budget (OMB); (5) the Office of National Drug Control Policy; (6) various other specified federal drug control programs; (7) unanticipated needs; (8) the Partnership Fund for Program Integrity Innovation; (9) federal integrated, efficient, and effective uses of information technology; and (10) special assistance to the President and the official residence of the Vice President.
Sets forth certain transfers of funds.
(Sec. 202) Requires the Director of the Office of National Drug Control Policy to submit to the congressional appropriations committees, within 60 days after the enactment of this Act, and before the initial obligation of more than 20% of the funds appropriated in any account for the Office, a detailed narrative and financial plan on the proposed uses of all funds under the account by program, project, and activity.
(Sec. 203) Limits the availability of appropriations to such Office in this Act to: (1) a 2% transfer between appropriated programs upon the advance approval of the congressional appropriations committees; and (2) up to $1 million for reprogramming within a program, project, or activity upon such approval.
(Sec. 205) Requires the Director of OMB, within 60 days after the enactment of this Act, to report to congressional budget committees on the sequestration ordered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Requires such report to list each account that would be: (1) subject to such sequestration or subject to it but also subject to a special rule under the Gramm-Rudman-Hollings Act, or (2) exempt from such sequestration.
(The Gramm-Rudman-Hollings Act was amended by the Budget Control Act of 2011 to revise the discretionary spending limits and reduce the discretionary appropriations and direct spending specified in the Gramm-Rudman-Hollings Act unless a joint committee bill achieving an amount greater than $1.2 trillion in deficit reduction would be enacted by January 15, 2012.)
(Sec. 206) Requires the President, within 30 days after the enactment of this Act, to report to Congress in detail on the implementation of certain discretionary spending reductions (in defense and nondefense categories) and discretionary appropriations and direct spending reductions in the sequestration ordered by the Gramm-Rudman-Hollings Act for FY2013-FY2021 on January 2, 2013.
Title III: The Judiciary - Judiciary Appropriations Act, 2013- Makes appropriations to the Judiciary for FY2013 for: (1) the U.S. Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services, including defender services; (5) fees of jurors and commissioners; (6) court security; (7) the Administrative Office of the U.S. Courts; (8) the Federal Judicial Center; (9) judicial retirement funds; and (10) the U.S. Sentencing Commission.
Sets forth certain transfers of funds.
(Sec. 305) Requires the U.S. Marshals Service to provide, as a pilot program, specified security services (except investigations) for courthouses which federal law authorizes DHS to provide.
(Sec. 306) Amends the Judicial Improvement Act of 1990 to prohibit the filling of the first vacancy in the office of district judge in: (1) the eastern district of Missouri occurring 10 years and six months (currently, 10 years) or more after the confirmation date of the judge named to fill the temporary judgeship, (2) the district of Kansas occurring 22 (currently, 21) years and six months or more after the confirmation date of the judge named to fill the temporary judgeship, and (3) the district of Hawaii occurring 19 (currently, 18) years and six months or more after such confirmation date. (In effect lengthens by six months the period of the respective temporary judgeships in the eastern district of Missouri and by one year and six months in the districts of Kansas and Hawaii.)
Amends the 21st Century Department of Justice Appropriations Authorization Act to prohibit the filling of the first vacancy in the office of district judge in: (1) the district of Arizona occurring 11 years (currently, 10 years) or more after the confirmation date of the judge named to fill the temporary judgeship, (2) the southern district of Florida occurring 11 years (currently, 10 years) or more after the confirmation date of the judge named to fill the temporary judgeship, (3) the district of New Mexico occurring 11 years (currently, 10 years) or more after the confirmation date of the judge named to fill the temporary judgeship, and (4) the central district of California 10 years and six months (currently, 10 years) or more after the confirmation date of the judge named to fill the temporary judgeship. (In effect lengthens by one year the period of the respective temporary judgeships in the districts of Arizona, New Mexico, and the southern district of Florida, and by six months in the central district of California.)
(Sec. 307) Directs the President to appoint two additional permanent district judges for the district of Arizona, four for the eastern district of California, one for the district of Minnesota, one for the southern district of Texas, and two for the western district of Texas. Converts existing temporary district judgeships to permanent for the district of Arizona and the central district of California.
Increases district court filing fees from $350 to $360. Continues the mandatory $5 fee on an application for a writ of habeas corpus.
Requires incremental amounts collected because of the enactment of this Act to be deposited as offsetting receipts in the "Judiciary Filing Fee" special fund in the Treasury. Makes such amounts available solely for facilitating the processing of civil cases, but only to the extent specifically appropriated by an Act of Congress after the enactment of this Act.
Title IV: District of Columbia - District of Columbia Appropriations Act, 2013 - Makes appropriations to the District of Columbia for FY2013, including amounts for the federal payments: (1) for District of Columbia Resident Tuition Support, (2) for emergency planning and security costs in the District, (3) to District of Columbia Courts, (4) for Defender Services in District of Columbia Courts, (5) to the Court Services and Offender Supervision Agency for the District of Columbia, (6) to the District of Columbia Public Defender Service, (7) to the District of Columbia Water and Sewer Authority, (8) to the Criminal Justice Coordinating Council, (9) to the Commission on Judicial Disabilities and Tenure and the Judicial Nomination Commission, (10) for school improvement, (11) for the DC National Guard, (12) for redevelopment of the St. Elizabeths Hospital campus, and (13) for testing and treatment of HIV/AIDS.
Requires certain funds appropriated for operating expenses to be subject to specified proposals of the Fiscal Year 2013 Proposed Budget and Financial Plan submitted to Congress by the District of Columbia.
Title V: Independent Agencies - Makes appropriations for FY2013 for independent agencies, including: (1) the Administrative Conference of the United States; (2) the Christopher Columbus Fellowship Foundation; (3) the Commodity Futures Trading Commission (CFTC); (4) the Consumer Product Safety Commission (CPSC); (5) the Election Assistance Commission (EAC), including election reform activities; (6) the Federal Communication Commission (FCC); (7) the Federal Deposit Insurance Corporation (FDIC), for its Office of Inspector General; (8) the Federal Election Commission (FEC); (9) the Federal Labor Relations Authority (FLRA); (10) the Federal Trade Commission (FTC); (11) the General Services Administration (GSA); (12) government-wide policy activities and operating expenses; (13) the GSA Office of Inspector General; (14) the electronic government fund; (15) allowances and office staff for former presidents; (16) presidential transition expenses; (17) the Office of Citizen Services and Innovative Technologies; (18) the Harry S Truman Scholarship Foundation; (19) the Merit Systems Protection Board; (20) Morris K. Udall and Stewart L. Udall Foundation; (21) the Environmental Dispute Resolution Fund; (22) the National Archives and Records Administration (NARA), including the Office of Inspector General; (23) the National Historic Publications and Records Commission grants program; (24) the National Credit Union Administration (NCUA); (25) the credit union Community Development Revolving Loan Fund; (26) the Office of Government Ethics; (27) the Office of Personnel Management (OPM), including the Office of Inspector General; (28) the government payment for annuitants, employee health benefits, employee life insurance, and the Civil Service Retirement and Disability Fund; (29) the Office of Special Counsel; (30) the Postal Regulatory Commission; (31) the Privacy and Civil Liberties Oversight Board; (32) the Recovery Accountability and Transparency Board; (33) the Securities and Exchange Commission (SEC); (34) the Selective Service System; (35) the Small Business Administration (SBA), including the Office of Inspector General and the Office of Advocacy; (36) the U.S. Postal Service, including the Office of Inspector General; and (37) the U.S. Tax Court.
Sets forth certain transfers of funds.
(Sec. 501) Amends the Virginia Graeme Baker Pool and Spa Safety Act to revise eligibility requirements for the state swimming pool safety grant program to include swimming pools constructed in the state after the date the state submits a grant application to the CPSC.
(Currently, such requirements include swimming pools constructed after the date that is six months after the enactment of the Financial Services and General Government Appropriations Act, 2012.)
Extends the state swimming pool safety grant program through FY2014.
Revises minimum state law requirements for such grants to repeal requirements that: (1) all pools and spas be equipped with devices and systems designed to prevent entrapment by pool or spa drains; (2) all pools and spas that have a main drain, other than an unblockable drain, be equipped with a drain cover that meets the consumer product safety standard; and (3) periodic notification is provided to owners of residential swimming pools or spas about compliance with the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard.
(Sec. 502) Requires the CPSC to: (1) assess the effectiveness of the ANSI/WCMA A100.1-2012 Proposed Standard for window coverings, and (2) promulgate a revised or more stringent window covering safety standard if it would eliminate or substantially reduce the strangulation risk posed by corded window coverings.
(Sec. 510) Amends the Universal Service Antideficiency Temporary Suspension Act to extend through December 31, 2014, the waiver of certain limitations on: (1) expending, obligating, or apportioning appropriations with respect to the collection or receipt of federal universal service contributions under the Communications Act of 1934; and (2) expending or obligating funds attributable to such contributions for universal service support programs.
(Sec. 511) Prohibits the use of funds by the FCC to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.
(Sec. 525) Requires GSA, if specified congressional committees adopt a resolution granting lease authority pursuant to a specified GSA prospectus, to ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements.
(Sec. 531) Amends the Small Business Jobs Act of 2010 to postpone until September 27, 2013, the repeal of (and so extend till such date) the SBA Administrator's authority under the Small Business Investment Act of 1958 to provide refinancing under the local development business loan program for: (1) previous business debts meeting specified criteria, and (2) certain projects that do not involve small business expansions.
Title VI: General Provisions (This Act) - Sets forth permissions for and restrictions upon the use of funds under this Act.
(Sec. 606) Prohibits the expenditure of funds under this Act by an entity unless it agrees that such expenditure will comply with the Buy American Act.
(Sec. 607) Prohibits the availability of funds under this Act to any person or entity that has been convicted of violating the Buy American Act.
(Sec. 610) Prohibits the availability of funds under this Act for use by the Executive Office of the President to request from the Federal Bureau of Investigation (FBI) any official background investigation report on any individual, except when: (1) such individual has given his or her express written consent for such request within six months before the date of such request and during the same presidential administration; or (2) such request is required due to extraordinary circumstances involving national security.
(Sec. 611) Makes certain cost accounting standards promulgated under the Office of Federal Procurement Policy Act inapplicable to a federal employees health benefits program contract.
(Sec. 612) Authorizes OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses) funds made available to OPM pursuant to court approval for resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program.
(Sec. 613) Makes the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act inapplicable to the acquisition by the federal government of commercial information technology.
(Sec. 614) Prohibits an officer or employee of any regulatory agency or commission funded by this Act from accepting, on behalf of that agency, or such agency or commission from accepting, payment or reimbursement from a nonfederal entity for travel-related expenses to enable an officer or employee to attend and participate in any meeting or similar function relating to official duties, when the entity offering payment or reimbursement is subject to regulation by such agency or commission, or represents such person or entity, unless the person or entity is a nonprofit tax-exempt organization.
(Sec. 615) Authorizes the Public Company Accounting Oversight Board to obligate funds for the scholarship program established by the Sarbanes-Oxley Act of 2002 in an aggregate amount not exceeding the amount of funds collected by the Board as of December 31, 2011, including accrued interest, resulting from the assessment of monetary penalties. Requires funds available for obligation in FY2012 to remain available until expended.
(Sec. 616) Permits the use of funds made available to the CFTC and the SEC for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.
(Sec. 617) Prohibits the availability of funds to convey the headquarters building of the FTC (located at 600 Pennsylvania Avenue NW, DC) to any entity unless the GSA Administrator makes a final determination that such transaction is made in the best interest of the taxpayer.
(Sec. 618) Requires each of the Department of the Treasury, the Executive Office of the President, the Judiciary, FCC, FTC, GSA, NARA, SEC, and SBA to provide a quarterly accounting to the congressional appropriations committees of the cumulative balances of any unobligated funds that were received by the agency during any previous fiscal year.
(Sec. 619) Requires any executive agency covered by this Act, except GSA and the U.S. Postal Service, which is otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space, to consult with GSA before issuing a solicitation for offers of new leases or construction contracts (and in the case of succeeding leases, before entering into negotiations with the current lessor). Authorizes such an agency with authority to enter into an emergency lease to do so during any period declared by the President to require emergency leasing authority.
(Sec. 620) Prohibits the use of funds made available by this Act to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation for 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, where the awarding agency is aware of this unpaid tax liability. Waives this prohibition if the agency has considered suspension or debarment of the corporation and determined that such an action is not necessary to protect the interests of the government.
(Sec. 621) Prohibits the use of such funds to enter into the transactions cited in Sec. 620 with a corporation that was convicted or had one of its officers or agents acting on the corporation's behalf convicted of a felony criminal violation under any federal law within the preceding 24 months, where the awarding agency is aware of the conviction. Waives this prohibition if the agency has considered suspension or debarment of the corporation and determined that such an action is not necessary to protect the interests of the government.
(Sec. 622) Amends the Federal Election Campaign Act of 1971 to require all designations, statements, and reports required to be filed under the Act to be filed with the Federal Election Commission (currently, with the Secretary of the Senate).
(Sec. 623) Amends the Abraham Lincoln Commemorative Coin Act to change from the Abraham Lincoln Bicentennial Commission to the Abraham Lincoln Bicentennial Foundation the name of the recipient of all surcharges received from the sale of coins issued under the Act.
Modifies the conditions for payment of surcharges to recipient organizations from the Numismatic Public Enterprise Fund. Suspends, in the case of the Abraham Lincoln Bicentennial Foundation, the general matching requirement that the recipient has already raised from private sources funds equal to or greater than the total amount of the proceeds derived from the sale of a numismatic item. Requires only that the recipient organization has raised funds from private sources.
Extends from two years to three years and nine months the period of time that any surcharge proceeds from the sale of Abraham Lincoln commemorative coins may remain unpaid to the designated recipient organization, solely by reason of the matching fund requirement, before they must be deposited in the Treasury as miscellaneous receipts.
(Sec. 624) Prohibits the use of a grant or contract funded by amounts made available under this Act to defray 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.
Prohibits an agency from sponsoring or hosting 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 agency's Deputy Secretary (or equivalent) approves sponsoring or hosting the conference.
Prohibits an agency from sponsoring or hosting a conference for which the cost to the agency, using amounts made available under this Act, is expected to be more than $500,000, unless, because of exceptional circumstances, spending more than $500,000 on a conference is the most cost-effective means of achieving a compelling purpose.
Requires an agency Office of the Inspector General (OIG) to discharge the authorities and responsibilities of the agency head and Deputy Secretary for any conference sponsored or hosted by the agency IOG.
Requires by October 31, 2013, a publicly available report from each agency receiving funds under this Act that sponsors or hosts a conference during FY2013 whose cost to the agency is more than $100,000.
Title VII: General Provisions Government-Wide - Sets forth requirements for the use of appropriations by designated departments, agencies, and corporations.
(Sec. 701) Sets restrictions upon the use of appropriations by any federal department, agency, or instrumentality unless it has in place, and will continue to administer in good faith, a written policy designed to ensure that all workplaces are free from the illegal use, possession, or distribution of controlled substances by the officers and employees of such department, agency, or instrumentality.
(Sec. 726) Prohibits the use of funds by federal agencies, directly or through third parties, except in specified circumstances, to collect, review, create or contract for any aggregation of data by any means of any personally identifiable information relating to an individual's access to or use of any federal government or nongovernmental Internet site.
(Sec. 727) Prohibits the use of funds to enter into or renew a contract for a federal employee health plan which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Exempts specified religious plans from such prohibition. Prohibits a federal employee health plan, however, from discriminating against an individual on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to his or her religious beliefs or moral convictions.
(Sec. 728) Declares that the United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports strict adherence to anti-doping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities.
(Sec. 729) Allows the use of funds appropriated for official travel by federal departments and agencies, if consistent with OMB Circular A-126 regarding official travel for government personnel, to participate in the fractional aircraft ownership pilot program.
(Sec. 730) Bars the use of funds to: (1) implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or (2) implement proposed OPM regulations relating to the detail of executive branch employees to the legislative branch.
(Sec. 731) Prohibits an executive branch agency from purchasing, constructing, and/or leasing any additional facilities, except within or contiguous to existing locations, to conduct federal law enforcement training without advance approval of congressional appropriations committees. Authorizes the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.
(Sec. 732) Bars the availability of funds, for FY2013, for transfers or reimbursements to the e-government initiatives sponsored by OMB before 15 days following an OMB report to the congressional appropriations committees and receipt of their explicit approval of such transfer.
(Sec. 733) Prohibits the use of funds to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by federal employees pursuant to OMB Circular A-76 or any other administrative regulation, directive, or policy.
(Sec. 734) Bars the use of funds by an executive branch agency, unless otherwise authorized by existing law, to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within its text or audio that it was prepared or funded by that agency.
(Sec. 735) Bars the use of funds in contravention of the Privacy Act or regulations concerning protection of privacy and freedom of information.
(Sec. 736) Requires each executive department and agency to evaluate the creditworthiness of an individual before issuing him or her a government travel charge card. Prohibits issuance of such a card, except in specified circumstances, to individuals that either lack a credit history or are found to have an unsatisfactory credit history.
Requires such evaluation to include an assessment of the individual's consumer report from a consumer reporting agency.
(Sec. 737) Requires OMB, in coordination with the governor of each Great Lakes state and the Great Lakes Interagency Task Force, to submit to the appropriate authorizing and appropriating congressional committees an interagency budget crosscut report displaying the budget proposed, including any planned interagency or intra-agency transfer, for each of the federal agencies that carries out Great Lakes restoration activities.
(Sec. 738) Prohibits the use of funds for any federal government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under the Homeland Security Act of 2002, or any subsidiary of such an entity.
Requires any Secretary to waive such prohibition if so required in the interest of national security.
Exempts contracts entered into before the enactment of this Act or task orders issued pursuant to such contracts.
(Sec. 739) Bars the use of funds to implement, administer, enforce, or apply the rule entitled "Competitive Area" published by OPM in the Federal Register on April 15, 2008.
(Sec. 740) Amends the Consolidated Appropriations Act, 2010 to revise requirements for service contract inventories by executive agencies to require each agency head (or designee) to ensure that, to the maximum extent practicable, the agency is not using contractor employees to perform any functions closely associated with inherently governmental functions.
(Sec. 741) Requires OMB to issue guidance to prohibit the use of direct conversions to contract out, in whole or in part, activities or functions last performed by any number of federal employees by an executive agency without first conducting a public-private competition.
(Sec. 742) Requires for each employee, during FY2013, who retires under voluntary early retirement authority of the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) or under any other CSRS or FERS requirement and receives a voluntary separation incentive payment, that the separating agency remit to the Civil Service Retirement and Disability Fund an amount equal to OPM's average unit cost of processing a retirement claim for the preceding year.
(Sec. 743) Requires federal employees in each executive agency, except the Department of Defense (DOD), to be managed each fiscal year solely on the basis of and consistent with: (1) the workload required to carry out the functions and activities of that agency, and (2) the funds made available to that agency for that fiscal year.
Declares that the management of federal employees in any fiscal year shall not be subject to any limitation in terms of work years, full-time equivalent (FTE) positions, or maximum number of federal employees.
Prohibits an agency from being required to make a reduction in the number of FTE positions unless that reduction is: (1) necessary due to a reduction in funds available to the agency; or (2) required under a statute enacted after the enactment of this Act which specifically refers to this requirement.
(Sec. 744) Prohibits the use of FY2013 funds to pay any prevailing rate employee in a federal agency in an amount exceeding specified limits related to an applicable wage survey adjustment.
(Sec. 745) Bars the following from receiving a pay rate increase in calendar year 2013: (1) the Vice President; (2) individuals serving in Executive Schedule positions, or in positions for which the rate of pay is fixed by statute at an Executive Schedule rate (applicable only to individuals holding a position in which they serve at the pleasure of the President or other appointing official); (3) chiefs of mission or ambassadors at large; (4) noncareer appointees in the Senior Executive Service (SES); and (5) employees paid a rate of basic pay at or above level IV of the Executive Schedule who serve at the pleasure of the appointing official.
Excludes: (1) employees in the General Schedule pay system or the Foreign Service pay system, and (2) employees appointed under federal law or in another pay system whose position would be classified at GS-15 or below if federal classification of position requirements applied to them.
States that nothing shall prevent employees who do not serve at the pleasure of the appointing official from receiving pay increases.
Excludes from the pay rate increase prohibition: (1) a career SES appointee who receives a presidential appointment and elects to retain SES basic pay entitlements, and (2) a member of Senior Foreign Service who receives a presidential appointment to any position in the executive branch and elects to retain Senior Foreign Service pay entitlements.
(Sec. 746) Requires the Administrator of GSA to report to the congressional appropriations committees on the Automated External Defibrillators of the federal government.
(Sec. 747) Revises requirements for specific disallowable costs under DOD contracts to disallow the cost of compensation of a subcontractor (as well as contractor) 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. Includes in an employee's compensation the total amount of wages, salary, bonuses, and deferred compensation for a fiscal year, whether paid, earned, or otherwise accruing.
(Currently such compensation is limited to the benchmark compensation amount determined for the fiscal year by the Administrator for Federal Procurement Policy, except that DOD may establish one or more narrowly targeted exceptions for scientists and engineers.)
Disallows similarly under procurement contracts for other federal agencies the cost of compensation of subcontractor (as well as contractor) employees to the extent that such compensation exceeds the annual amount paid to the President. Allows agency heads to establish one or more narrowly targeted exceptions for scientists, engineers, and other specialist positions.
Eliminates the current disallowance of the costs of compensation of contractor senior executives for a fiscal year.
Repeals requirements for determining benchmark compensation amounts.
Title VIII: General Provisions (District of Columbia) - Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the District of Columbia Appropriations Act, 2012.
(Sec. 802) Prohibits the use of federal funds provided in this Act for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.
(Sec. 806) Prohibits the use of federal funds contained in this Act by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District.
Declares that nothing in this section bars the Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
(Sec. 807) Bars the use of federal funds contained in this Act to distribute any needle or syringe to prevent the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.
(Sec. 808) Provides that nothing in this Act may be construed to prevent the Council or the Mayor from addressing the issue of the provision of contraceptive coverage by health insurance plans. Expresses the intent of Congress that any legislation enacted on such issue should include a "conscience clause" which provides exceptions for religious beliefs and moral convictions.
(Sec. 809) Prohibits the use of funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative.
(Sec. 810) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term, or in cases of rape or incest.
(Sec. 813) Allows the transfer of amounts appropriated in this Act as operating funds to the District's enterprise and capital funds. Requires such transferred amounts to retain appropriation authority consistent with this Act.
Authorizes the District government to reprogram or transfer for operating expenses any local funds transferred or reprogrammed from operating expenses to capital funds in this or in the four prior fiscal years.
Requires such reprogrammed or transferred amounts to retain appropriation authority consistent with this Act.
Prohibits the District government from transferring or reprogramming for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.
(Sec. 814) Requires the Director of the District of Columbia Public Defender Service for FY2012, and each ensuing fiscal year, to provide representation for and hold harmless, or provide liability insurance for, any employee, member of the Board of Trustees, or officer of the Service for money damages arising out of any claim, proceeding, or case at law relating to the furnishing of representational services or management services or related services while acting within the scope of that person's office or employment.
(Sec. 815) Amends the Home Rule Act for FY2013 and succeeding fiscal years, during a period when there is no federal appropriations Act authorizing the expenditure of District local funds, to authorize the District to 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 the Home Rule Act.
(Sec. 816) Declares that, if the Attorney General of the District enters into a contract containing a contingent fee arrangement with private counsel for the provision of legal services in claims and other legal matters affecting the District's interests, the District may make payments pursuant to such arrangement without regard to whether the funds used for the payments are deposited in District accounts or are provided in an appropriation.
Subjects such contracts to the requirements of the Procurement Practices Reform Act of 2010. Limits the amount of the contingent fee payable to the fee that counsel engaged in the private practice of law in the District typically charges clients for furnishing similar legal services.
Prohibits the District from entering into a contingency fee arrangement in a claim or other legal matter seeking the recovery of federal funds.
(Sec. 818) Requires the Joint Committee on the Library to accept from the District the donation of a statue depicting Frederick Douglass.
Requires: (1) the Joint Committee to place the statue in a suitable permanent location in the U.S. Capitol; and (2) all costs associated with the donation, including transportation of the statue to, and placement in, the Capitol, to be paid by the District.