[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5485 Engrossed in House (EH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5485
_______________________________________________________________________
AN ACT
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2017, and for other purposes.
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 the fiscal year ending
September 30, 2017, and for other purposes, namely:
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 Freedman's Bank
Building; 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; executive direction program
activities; international affairs and economic policy activities;
domestic finance and tax policy activities, including technical
assistance to Puerto Rico; and Treasury-wide management policies and
programs activities, $250,000,000: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) 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 the Secretary's certificate; and
(3) not to exceed $57,000,000 shall remain available until
September 30, 2018, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Critical Infrastructure Protection
and Compliance Policy, including entering into
cooperative agreements; and
(E) cybersecurity.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, money launderers, drug kingpins, and other
national security threats, $120,000,000: Provided, That of the amount
appropriated under this heading: (1) not to exceed $27,500,000 is
available for administrative expenses; and (2) $5,000,000, to remain
available until September 30, 2018.
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,
$37,044,000, 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; of which up to $2,800,000 to
remain available until September 30, 2018, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
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, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $169,634,000, of which $5,000,000 shall remain
available until September 30, 2018; 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.
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), $41,160,000.
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;
services authorized by 5 U.S.C. 3109; not to exceed $10,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$116,000,000 (increased by $3,300,000), of which not to exceed
$34,335,000 shall remain available until September 30, 2019.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$753,610,000 are rescinded.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $353,057,000; of which not to exceed $4,210,000, to remain
available until September 30, 2019, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
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.
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,
$111,439,000; 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, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That of
the amount appropriated under this heading, $5,000,000 shall be for the
costs of programs to enforce trade practice violations of the Federal
Alcohol Administration Act (27 U.S.C. 201 et seq.).
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: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2017 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of 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, $250,000,000. Of the amount appropriated under this heading--
(1) not less than $184,000,000, is available until
September 30, 2018, for financial assistance and technical
assistance under subparagraphs (A) and (B) of section
108(a)(1), respectively, of Public Law 103-325 (12 U.S.C.
4707(a)(1)(A) and (B)), of which up to $2,882,500 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;
(2) not less than $6,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2018, to
provide financial assistance, technical assistance, training,
and outreach to community development financial institutions to
expand investments that benefit individuals with disabilities;
(3) not less than $16,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2018, 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;
(4) not less than $19,000,000 is available until September
30, 2018, for the Bank Enterprise Award Program;
(5) up to $25,000,000 is for administrative expenses,
including administration of CDFI fund programs and the New
Markets Tax Credit Program, of which not less than $2,000,000
is available for capacity building to CDFIs to expand
investments that benefit individuals with disabilities, and up
to $300,000 is for administrative expenses to carry out the
direct loan program; and
(6) during fiscal year 2017, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $250,000,000: Provided further, That such section 114A
shall remain in effect until September 30, 2017;
Provided, that of the funds awarded under this heading, not less than
10 percent shall be used for awards that support investments that serve
populations living in persistent poverty counties: Provided further,
That for the purposes of the preceding proviso, the term ``persistent
poverty counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as measured by
the 1990 and 2000 decennial censuses and the most recent Small Area
Income and Poverty Estimates.
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, $2,156,554,000, of which not less than
$6,500,000 (increased by $3,250,000) shall be for the Tax Counseling
for the Elderly Program, of which not less than $12,000,000 shall be
available for low-income taxpayer clinic grants, and of which not less
than $15,000,000 to remain available until September 30, 2018, shall be
available for a Community Volunteer Income Tax Assistance matching
grants program for tax return preparation assistance, and of which not
less than $206,000,000 shall be available for operating expenses of the
Taxpayer Advocate Service: Provided, That of the amounts made available
for the Taxpayer Advocate Service, not less than $5,000,000 shall be
for identity theft casework.
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 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, $4,760,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2018, and of
which not less than $60,257,000 shall be for the Interagency Crime and
Drug Enforcement program.
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)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,502,446,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2018; of which not to exceed
$6,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2019, for research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided, That not
later than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate 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 2018, a summary of cost and schedule performance information for
its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $290,000,000, to remain available until
September 30, 2019, 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 30 days after the end of
each quarter, the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General of the United States detailing the
cost and schedule performance for CADE 2 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.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
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.
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 response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. None of the funds made available to the Internal Revenue
Service by this or any other Act may be used to make a video unless the
Service-Wide Video Editorial Board determines in advance that making
the video is appropriate, taking into account the cost, topic, tone,
and purpose of the video.
Sec. 106. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 107. None of the funds made available under this or any other
Act may be used by the Internal Revenue Service to target citizens of
the United States for exercising any right guaranteed under the First
Amendment to the Constitution of the United States.
Sec. 108. None of the funds made available in this or any other
Act may be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 109. None of funds made available by this or any other Act to
the Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures, verification
processes, documentation requirements, and policies issued by the Chief
Financial Officer, Human Capital Office, and Agency-Wide Shared
Services as a result of the recommendations in the report published on
May 31, 2013, by the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-Employed
Division's Conference in Anaheim, California'' (Reference Number 2013-
10-037).
Sec. 110. None of the funds made available by this or any other
Act may be used to pay the salaries or expenses of any individual to
carry out any transfer of funds to the Internal Revenue Service under
the Patient Protection and Affordable Care Act (Public Law 111-148) or
the Health Care and Education Reconciliation Act of 2010 (Public Law
111-152).
Sec. 111. None of the funds made available by this or any other
Act may be used by the Internal Revenue Service to implement or enforce
section 5000A of the Internal Revenue Code of 1986, section 6055 of
such Code, section 1502(c) of the Patient Protection and Affordable
Care Act (Public Law 111-148), or any amendments made by section
1502(b) of such Act.
Sec. 112. None of the funds made available in this or any other
Act to the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee,
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 113. None of the funds made available by this or any other
Act may be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and disclosure of
returns and return information).
Sec. 114. Except to the extent provided in section 6014, 6020, or
6201(d) of the Internal Revenue Code of 1986, none of the funds in this
or any other Act shall be available to the Secretary of the Treasury to
provide to any person a proposed final return or statement for use by
such person to satisfy a filing or reporting requirement under such
Code.
Sec. 115. In addition to the amounts otherwise made available in
this Act for the Internal Revenue Service, $290,000,000, to be
available until September 30, 2018, shall be transferred by the
Commissioner to the ``Taxpayer Services'', ``Enforcement'', or
``Operations Support'' accounts of the Internal Revenue Service for an
additional amount to be used solely for measurable improvements in the
customer service representative level of service rate, to improve the
identification and prevention of refund fraud and identity theft, and
to enhance cybersecurity to safeguard taxpayer data: Provided, That
such funds shall supplement, not supplant any other amounts made
available by the Internal Revenue Service for such purpose: Provided
further, That such funds shall not be available until the Commissioner
submits to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan for such funds: Provided
further, That such funds shall not be used to support any provision of
Public Law 111-148, Public Law 111-152, or any amendment made by either
such Public Law.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 116. 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.
Sec. 117. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Special
Inspector General for the Troubled Asset Relief Program'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'',
``Community Development Financial Institutions Fund Program Account'',
and ``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred
between such appropriations upon the advance approval of the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 118. 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 of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 119. 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.
Sec. 120. The Secretary of the Treasury may transfer funds from
the ``Bureau of the 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.
Sec. 121. 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.
Sec. 122. 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; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 123. 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
2017 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2017.
Sec. 124. 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.
Sec. 125. 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 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, Treasury Franchise 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.
Sec. 126. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 127. During fiscal year 2017--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for
the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535 (November
29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 128. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives and the
Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 129. During fiscal year 2017, the Office of Financial
Research shall provide for a public notice period of not less than 90
days before issuing any proposed report, rule, or regulation.
Sec. 130. (a) Section 155 of Public Law 111-203 is amended as
follows:
(1) In subsection (b)--
(A) in paragraph (1)--
(i) by striking ``immediately''; and
(ii) by inserting ``as provided for in
appropriation Acts'' after ``to the Office'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2).
(2) In subsection (d), by striking the heading and
inserting ``Assessment Schedule.--''.
(b) The amendments made by subsection (a) shall take effect on
October 1, 2017.
Sec. 131. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended to provide for the
enforcement of any rule, regulation, policy, or guideline implemented
pursuant to the Department of the Treasury Guidance for United States
Positions on MDBs Engaging with Developing Countries on Coal-Fired
Power Generation dated October 29, 2013, when enforcement of such rule,
regulation, policy, or guideline would prohibit, or have the effect of
prohibiting, the carrying out of any coal-fired or other power-
generation project the purpose of which is to increase exports of goods
and services from the United States or prevent the loss of jobs from
the United States.
Sec. 132. None of the funds made available in this Act may be used
to approve, license, facilitate, authorize, or otherwise allow, whether
by general or specific license, travel-related or other transactions
incident to non-academic educational exchanges described in section
515.565(b)(2) of title 31, Code of Federal Regulations.
Sec. 133. (a) None of the funds made available by this Act may be
used to approve, license, facilitate, authorize, or otherwise allow the
use, purchase, trafficking, or import of property confiscated by the
Cuban Government.
(b) In this section, the terms ``confiscated'', ``Cuban
Government'', ``property'', and ``traffic'' have the meanings given
such terms in paragraphs (4), (5), (12)(A), and (13), respectively, of
section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act
of 1996 (22 U.S.C. 6023).
Sec. 134. (a) None of the funds made available by this Act may be
used to approve, license, facilitate, authorize, or otherwise allow any
financial transaction with an entity owned or controlled, in whole or
in part, by the Cuban military or intelligence service or with any
officer of the Cuban military or intelligence service, or an immediate
family member thereof.
(b) The limitation on the use of funds under this section does not
apply to financial transactions with respect to exports of goods
permitted under the Trade Sanctions Reform and Export Enhancement Act
of 2000 (22 U.S.C. 7201 et seq.) or to payments in furtherance of the
lease agreement or other financial transactions necessary for
maintenance and improvements of the United States Naval Station,
Guantanamo Bay, Cuba, including any adjacent areas under the control or
possession of the United States.
(c) In this section--
(1) the term ``Cuban military'' includes the Ministry of
the Revolutionary Armed Forces and the Ministry of the
Interior, and their subsidiaries; and
(2) the term ``immediate family member'' means a spouse,
sibling, child (adopted or otherwise), parent, grandparent,
grandchild, aunt, uncle, niece, or nephew.
Sec. 135. (a) None of the funds made available in this Act may be
used to authorize a general license or approve a specific license under
section 501.801 or 515.527 of title 31, Code of Federal Regulations,
with respect to a mark, trade name, or commercial name that is the same
as or substantially similar to a mark, trade name, or commercial name
that was used in connection with a business or assets that were
confiscated unless the original owner of the mark, trade name, or
commercial name, or the bona-fide successor-in-interest has expressly
consented.
(b) In this section, the term ``confiscated'' has a meaning given
such term in section 4(4) of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023(4)).
Sec. 136. None of the funds made available by this Act may be used
by the Internal Revenue Service to make a determination that a church,
an integrated auxiliary of a church, or a convention or association of
churches is not exempt from taxation for participating in, or
intervening in, any political campaign on behalf of (or in opposition
to) any candidate for public office unless--
(1) the Commissioner of Internal Revenue consents to such
determination;
(2) not later than 30 days after such determination, the
Commissioner notifies the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate of such determination; and
(3) such determination is effective with respect to the
church, integrated auxiliary of a church, or convention or
association of churches not earlier than 90 days after the date
of the notification under paragraph (2).
Consent under paragraph (1) may not be delegated.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2017''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
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, 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 reception and
representation 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, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $12,723,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
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.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to
remain available until expended, for required maintenance, resolution
of safety and health issues, and continued preventative maintenance.
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.), $4,200,000.
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, $10,896,000 (reduced by $2,000,000).
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, $96,116,000, of which not to exceed
$12,760,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
Presidential Transition Administrative Support
(including transfer of funds)
For expenses of the Office of Administration to carry out the
Presidential Transition Act of 1963 and similar expenses, in addition
to amounts otherwise appropriated by law, $7,582,000: Provided, That
such funds may be transferred to other accounts that provide funding
for offices within the Executive Office of the President and the Office
of the Vice President in this Act or any other Act, to carry out such
purposes.
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, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $91,000,000, 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 of the funds made available for the Office of Management
and Budget by this Act, no less than three full-time equivalent senior
staff positions shall be dedicated solely to the Office of the
Intellectual Property Enforcement Coordinator: 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.
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, $19,274,000:
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.
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, $253,000,000
(increased by $7,000,000) (increased by $2,000,000) (increased by
$2,000,000), to remain available until September 30, 2018, 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, 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 2015 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, 2016, shall be funded at not less than the fiscal year
2016 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 2017 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: Provided further, That upon a determination that
all or part of the funds so transferred from this appropriation are not
necessary for the purposes provided herein and upon notification to the
Committees on Appropriations of the House of Representatives and the
Senate, such amounts may be transferred back to this appropriation.
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), $111,871,000, to remain available until expended, which shall
be available as follows: $97,000,000 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); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,121,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of
Public Law 109-469: Provided, That amounts made available under this
heading may be transferred to other Federal departments and agencies to
carry out such activities.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $25,000,000 (increased by $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.
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, $4,228,000.
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 pursuant to 3 U.S.C. 106(b)(2), $299,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer 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, with advance approval
of 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.
Sec. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate on the costs of implementing the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203). Such report shall include--
(1) the estimated mandatory and discretionary obligations
of funds through fiscal year 2019, by Federal agency and by
fiscal year, including--
(A) the estimated obligations by cost inputs such
as rent, information technology, contracts, and
personnel;
(B) the methodology and data sources used to
calculate such estimated obligations; and
(C) the specific section of such Act that requires
the obligation of funds; and
(2) the estimated receipts through fiscal year 2019 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to
calculate such estimated collections; and
(B) the specific section of such Act that
authorizes the collection of funds.
Sec. 203. (a) During fiscal year 2017, any Executive order or
Presidential memorandum issued or revoked by the President shall be
accompanied by a written statement from the Director of the Office of
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2017; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2017.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2017 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
Sec. 204. None of the funds made available in this Act may be used
to pay the salaries and expenses of any officer or employee of the
Executive Office of the President to prepare, sign, or approve
statements abrogating legislation passed by the House of
Representatives and the Senate and signed by the President.
Sec. 205. None of the funds made available by this Act may be used
to pay the salaries and expenses of any officer or employee of the
Executive Office of the President to prepare or implement an Executive
order or Presidential memorandum that contravenes existing law.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2017''.
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
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, $76,668,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
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, $14,868,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $30,108,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $18,462,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, 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, $5,010,000,000 (reduced by $1,000,000) (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.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
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
$6,260,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
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, $1,056,326,000, to remain available until expended.
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)), $43,723,000, 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.
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), $565,388,000, of which not to exceed $20,000,000 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.
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, $87,500,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $28,200,000; of which $1,800,000 shall
remain available through September 30, 2018, 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.
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, $18,000,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer 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.
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.
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.
Sec. 304. Section 3314(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
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.
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 in the second
sentence (relating to the District of Kansas) following paragraph (12),
by striking ``25 years and 6 months'' and inserting ``26 years and 6
months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``23 years and 6 months'' and
inserting ``24 years and 6 months''.
(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--
(1) in the first sentence by striking ``14 years'' and
inserting ``15 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``13 years and 6 months''
and inserting ``14 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``12 years'' and inserting ``13
years''.
Sec. 307. (a) Section 1871(b) of title 28, United States Code, is
amended in paragraph (1) by striking ``$40'' and inserting ``$50''.
(b) EFFECTIVE DATE.-- The amendment made in subsection (a) shall
take effect 45 days after the date of enactment of this Act.
Sec. 308. (a) Section 2(a)(2)(A) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-
121) is amended by striking ``subparagraphs (B), (C), (D), and (E)''
and inserting ``subparagraphs (B), (C), (D), (E), (F), (G), and (H)''.
(b) Section 2(a)(2) of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is
amended by adding at the end the following:
``(F) Eastern district of michigan.--The 1st
vacancy in the office of a bankruptcy judge for the
eastern district of Michigan--
``(i) occurring 6 years or more after the
date of the enactment of this Act, and
``(ii) resulting from the death,
retirement, resignation, or removal of a
bankruptcy judge,
shall not be filled.
``(G) District of puerto rico.--The 1st vacancy in
the office of a bankruptcy judge for the district of
Puerto Rico--
``(i) occurring 6 years or more after the
date of the enactment of this Act, and
``(ii) resulting from the death,
retirement, resignation, or removal of a
bankruptcy judge,
shall not be filled.
``(H) Eastern district of virginia.--The 1st
vacancy in the office of a bankruptcy judge for the
eastern district of Virginia--
``(i) occurring 6 years or more after the
date of the enactment of this Act, and
``(ii) resulting from the death,
retirement, resignation, or removal of a
bankruptcy judge,
shall not be filled.''.
(c) Section 2(a)(2)(C) of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is
amended--
(1) by redesignating clauses (i) and (ii) as clauses (ii)
and (iii), respectively;
(2) by inserting before clause (ii), as so redesignated,
the following:
``(i) in the case of the 1st and 2d
vacancies, occurring more than 6 years after
the date of the enactment of this Act,''; and
(3) in clause (ii), as so redesignated, by inserting ``in
the case of the 3d and 4th vacancies,'' before ``occurring more
than 5 years''.
(d) Section 2(a)(2)(D)(i) of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is
amended (with regard to the 1st and 2d vacancies in the southern
district of Florida) by striking ``5 years'' and inserting ``6 years''.
This title may be cited as the ``Judiciary Appropriations Act,
2017''.
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,
$20,000,000, 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.
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,
$40,000,000, to remain available until expended, 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 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.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$274,541,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,303,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $124,800,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the
District of Columbia Court System, $74,783,000, of which not to exceed
$2,500 is for official reception and representation expenses; and
$60,655,000, to remain available until September 30, 2018, 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
facilities condition assessment: 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 $6,000,000 of
the funds provided under this heading among the items and entities
funded under this heading: 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 employees of the District of Columbia Courts.
federal payment for defender services in the 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),
$49,890,000, 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.
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,
$246,386,000, 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 $182,564,000 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; and
of which $63,822,000 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 amounts under this heading may be used
for programmatic incentives for defendants to successfully complete
their terms of supervision.
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, $41,359,000: 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.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,000,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2018, to the Commission on Judicial Disabilities and Tenure, $310,000,
and for the Judicial Nomination Commission, $275,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $45,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during
any previous school year: Provided further, That within funds provided
for opportunity scholarships $3,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) and 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$450,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
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.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``Part A--Summary of Expenses'' and at the rate set forth under
such heading, as included in D.C. Bill 21-668, as amended as of the
date of the enactment of this Act: Provided, That notwithstanding any
other provision of law, except as provided in section 450A of the
District of Columbia Home Rule Act (section 1-204.50a, D.C. Official
Code), sections 816 and 817 of the Financial Services and General
Government Appropriations Act, 2009 (secs. 47-369.01 and 47-369.02,
D.C. Official Code), and provisions of this Act, the total amount
appropriated in this Act for operating expenses for the District of
Columbia for fiscal year 2017 under this heading shall not exceed the
estimates included in D.C. Bill 21-668, as amended as of the date of
the enactment of this Act, or the sum of the total revenues of the
District of Columbia for such fiscal year: Provided further, That the
amount appropriated 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: 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 2017, 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: Provided further, That the Fiscal Year
2017 Local Budget Act is repealed.
This title may be cited as the ``District of Columbia
Appropriations Act, 2017''.
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., $3,100,000, to
remain available until September 30, 2018, of which not to exceed
$1,000 is for official reception and representation expenses.
Bureau Of Consumer Financial Protection
administrative provisions
Sec. 501. Section 1017(a)(2)(C) of Public Law 111-203 is repealed.
Sec. 502. Effective October 1, 2017, notwithstanding section 1017
of Public Law 111-203--
(1) the Board of Governors of the Federal Reserve System
shall not transfer amounts specified under such section to the
Bureau of Consumer Financial Protection; and
(2) there are authorized to be appropriated to the Bureau
of Consumer Financial Protection such sums as may be necessary
to carry out the authorities of the Bureau under Federal
consumer financial law.
Sec. 503. (a) During fiscal year 2017, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
(b)(1) Any such notification shall include the amount of the funds
requested, an explanation of how the funds will be obligated by object
class and activity, and why the funds are necessary to protect
consumers.
(2) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 504. (a) Not later than 2 weeks after the end of each quarter
of each fiscal year, the Bureau of Consumer Financial Protection shall
submit a report on its activities to the Committees on Appropriations
of the House of Representatives and the Senate, the Committee on
Financial Services of the House of Representatives, and the Committee
on Banking, Housing, and Urban Affairs of the Senate.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any committee specified in subsection (a),
the Bureau of Consumer Financial Protection shall make Bureau officials
available to testify on the contents of the reports required under
subsection (a).
Sec. 505. (a) In General.--Section 1011 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5491) is amended--
(1) by striking subsections (b), (c), and (d);
(2) by redesignating subsection (e) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Management of the Bureau.--
``(1) In general.--The management of the Bureau shall be
vested in a Board of Directors consisting of 5 members, who
shall be appointed by the President, by and with the advice and
consent of the Senate, from among individuals who--
``(A) are citizens of the United States; and
``(B) have developed strong competency and
understanding of, and have experience working with,
financial products and services.
``(2) Terms.--
``(A) In general.--Except as provided in
subparagraph (B), each member of the Board, including
the Chairperson, shall serve for a term of 5 years.
``(B) Staggered terms.--The members of the Board
shall serve staggered terms, which shall initially be
for terms of 1, 2, 3, 4, and 5 years, respectively, and
such members shall be appointed such that, after the
appointments of the initial 5 members of the Board,
members of different political parties are appointed
alternately.
``(C) Removal.--The President may remove any member
of the Board for inefficiency, neglect of duty, or
malfeasance in office.
``(D) Vacancies.--Any member of the Board appointed
to fill a vacancy occurring before the expiration of
the term to which the predecessor of that member was
appointed (including the Chairperson) shall be
appointed only for the remainder of the term.
``(E) Continuation of service.--Each member of the
Board may continue to serve after the expiration of the
term of office to which that member was appointed until
a successor has been appointed by the President and
confirmed by the Senate, except that a member may not
continue to serve more than 1 year after the date on
which the term of that member would otherwise expire.
``(F) Successive terms.--A member of the Board may
not be reappointed to a second consecutive term, except
that an initial member of the Board appointed for less
than a 5-year term may be reappointed to a full 5-year
term and a future member appointed to fill an unexpired
term may be reappointed for a full 5-year term.
``(3) Affiliation.--Not more than 3 members of the Board
shall be members of any 1 political party.
``(4) Chairperson of the board.--
``(A) Appointment.--The President shall appoint 1
of the 5 members of the Board to serve as Chairperson
of the Board.
``(B) Authority.--The Chairperson shall be the
principal executive officer of the Bureau, and shall
exercise all of the executive and administrative
functions of the Bureau, including with respect to--
``(i) the supervision of personnel employed
by the Bureau (other than personnel employed
regularly and full time in the immediate
offices of members of the Board other than the
Chairperson);
``(ii) the distribution of business among
personnel appointed and supervised by the
Chairperson and among administrative units of
the Bureau; and
``(iii) the use and expenditure of funds.
``(C) Limitation.--In carrying out any of the
functions of the Chairperson under this paragraph, the
Chairperson shall be governed by general policies of
the Bureau and by such regulatory decisions, findings,
and determinations as the Bureau may by law be
authorized to make.
``(D) Requests or estimates related to
appropriations.--Any request or estimate for regular,
supplemental, or deficiency appropriations on behalf of
the Bureau, including any request for a transfer of
funds under section 1017(a), may not be submitted by
the Chairperson without the prior approval of the
Board.
``(E) Vacancy.--The President may designate a
member of the Board to serve as Acting Chairperson in
the event of a vacancy in the office of the
Chairperson.
``(5) Compensation.--
``(A) Chairperson.--The Chairperson shall receive
compensation at the rate prescribed for level I of the
Executive Schedule under section 5312 of title 5,
United States Code.
``(B) Other members of the board.--The 4 members of
the Board other than the Chairperson shall each receive
compensation at the rate prescribed for level II of the
Executive Schedule under section 5313 of title 5,
United States Code.
``(6) Other employment prohibited.--A member of the Board
may not engage in any other business, vocation, or
employment.''.
(b) Technical and Conforming Amendments.--
(1) Consumer financial protection act of 2010.--The
Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et
seq.) is amended--
(A) in section 1002 (12 U.S.C. 5481)--
(i) by striking paragraph (10) and
inserting:
``(10) Board.--The term `Board' means the Board of
Directors of the Bureau of Consumer Financial Protection.'';
and
(ii) by inserting after paragraph (29) the
following:
``(30) Chairperson.--The term `Chairperson' means the
Chairperson of the Board of Directors of the Bureau of Consumer
Financial Protection.'';
(B) in section 1012 (12 U.S.C. 5492)--
(i) in subsection (a)(8), by striking
``appointed and supervised by the Director''
and inserting ``appointed by the Board and
supervised by the Chairperson'';
(ii) in subsection (b), by striking
``Director'' and inserting ``Board''; and
(iii) in subsection (c)--
(I) in paragraph (2)(A), by
striking ``Director'' and inserting
``Board''; and
(II) in paragraph (4), by striking
``the Director'' each place that term
appears and inserting ``any member of
the Board'';
(C) in section 1013 (12 U.S.C. 5493)--
(i) in subsections (a), (b), (d), and (e),
by striking ``Director'' each place that term
appears and inserting ``Board'';
(ii) in subsection (c)--
(I) in paragraphs (1) and (2), by
striking ``Director'' each place that
term appears and inserting ``Board'';
and
(II) in paragraph (3)--
(aa) by striking
``Assistant Director'' each
place that term appears and
inserting ``Head of Office'';
and
(bb) by striking ``the
Director'' each place that term
appears and inserting ``the
Board'';
(iii) in subsection (g)--
(I) in paragraph (1), by striking
``Director'' and inserting ``Board'';
and
(II) in paragraph (2)--
(aa) in the paragraph
heading, by striking
``Assistant director'' and
inserting ``Head of the
office''; and
(bb) by striking ``an
assistant director'' and
inserting ``the Head of the
Office of Financial Protection
for Older Americans'';
(D) in section 1014 (12 U.S.C. 5494), by striking
``Director'' each place that term appears and inserting
``Board'';
(E) in section 1016(a) (12 U.S.C. 5496(a)), by
striking ``Director of the Bureau'' and inserting
``Chairperson'';
(F) in section 1017--
(i) in subsection (a)--
(I) in paragraph (1), by striking
``Director'' and inserting ``Board'';
(II) in paragraph (4)--
(aa) in subparagraph (A)--
(AA) by striking
``Director shall'' and
inserting ``Board
shall'';
(BB) by striking
``Director,'' and
inserting ``Board,'';
and
(CC) by striking
``Director in'' each
place that term appears
and inserting ``Board
in'';
(bb) in subparagraph (D),
by striking ``Director'' and
inserting ``Board''; and
(cc) in subparagraph (E),
by striking ``Director to'' and
inserting ``Board to''; and
(III) in paragraph (5)(C), by
striking ``Director of the Bureau'' and
inserting ``Chairperson'';
(ii) in subsection (c)(1)--
(I) by striking ``Director,'' and
inserting ``Board,''; and
(II) by striking ``Director and''
and inserting ``the members of the
Board and''; and
(iii) in subsection (e), by striking
``Director'' each place that term appears and
inserting ``Board'';
(G) in subtitles B (12 U.S.C. 5511 et seq.), C (12
U.S.C. 5531 et seq.), and G (12 U.S.C. 5601 et seq.),
by striking ``Director'' each place that term appears
and inserting ``Board'';
(H) in section 1061(c)(2)(C)(i) (12 U.S.C.
5581(c)(2)(C)(i)), by striking ``the Board'' and
inserting ``the National Credit Union Administration
Board''; and
(I) in section 1066(a) (12 U.S.C. 5586(a)), by
inserting ``first'' before ``Director''.
(2) Financial stability act of 2010.--Section 111(b)(1)(D)
of the Financial Stability Act of 2010 (12 U.S.C.
5321(b)(1)(D)) is amended by striking ``Director of the
Bureau'' and inserting ``Chairperson of the Board of Directors
of the Bureau''.
(3) Mortgage reform and anti-predatory lending act.--
Section 1447 of the Mortgage Reform and Anti-Predatory Lending
Act (12 U.S.C. 1701p-2) is amended by striking ``Director''
each place the term appears and inserting ``Board of
Directors''.
(4) Electronic fund transfer act.--Section 920(a)(4)(C) of
the Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C))
is amended by striking ``Director of the Bureau'' and inserting
``Board of Directors of the Bureau''.
(5) Expedited funds availability act.--The Expedited Funds
Availability Act (12 U.S.C. 4001 et seq.) is amended by
striking ``Director of the Bureau'' each place that term
appears and inserting ``Board of Directors of the Bureau''.
(6) Federal deposit insurance act.--Section 2 of the
Federal Deposit Insurance Act (12 U.S.C. 1812) is amended--
(A) by striking ``Director of the Consumer
Financial Protection Bureau'' each place that term
appears and inserting ``Chairperson of the Board of
Directors of the Bureau of Consumer Financial
Protection''; and
(B) in subsection (d)(2), by striking ``Comptroller
or Director'' and inserting ``Comptroller or
Chairperson''.
(7) Federal financial institutions examination council act
of 1978.--Section 1004(a)(4) of the Federal Financial
Institutions Examination Council Act of 1978 (12 U.S.C.
3303(a)(4)) is amended by striking ``Director of the Consumer
Financial Protection Bureau'' and inserting ``Chairperson of
the Board of Directors of the Bureau of Consumer Financial
Protection''.
(8) Financial literacy and education improvement act.--
Section 513 of the Financial Literacy and Education Improvement
Act (20 U.S.C. 9702) is amended by striking ``Director'' each
place that term appears and inserting ``Chairperson of the
Board of Directors''.
(9) Home mortgage disclosure act of 1975.--Section 307 of
the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2806) is
amended by striking ``Director of the Bureau of Consumer'' each
place that term appears and inserting ``Board of Directors of
the Bureau of Consumer''.
(10) Interstate land sales full disclosure act.--The
Interstate Land Sales Full Disclosure Act (15 U.S.C. 1701 et
seq.) is amended--
(A) in section 1402(1) (15 U.S.C. 1701(1)), by
striking ```Director' means the Director'' and
inserting ```Board' means the Board of Directors'';
(B) by striking ``Director'' each place that term
appears and inserting ``Board'';
(C) in section 1403(c) (15 U.S.C. 1702(c))--
(i) by striking ``by him'' and inserting
``by the Board''; and
(ii) by striking ``he'' and inserting ``the
Board'';
(D) in section 1407 (15 U.S.C. 1706)--
(i) in subsection (c), by striking ``he''
and inserting ``the Board''; and
(ii) in subsection (e), by striking ``him''
and inserting ``the Board'';
(E) in section 1411 (15 U.S.C. 1710)--
(i) in subsection (a)--
(I) by striking ``his findings''
and inserting ``its finding''; and
(II) by striking ``his
recommendation'' and inserting ``a
recommendation''; and
(ii) in subsection (b), by striking
``Secretary's order'' and inserting ``order of
the Board'';
(F) in section 1415 (15 U.S.C. 1714)--
(i) by striking ``him'' each place that
term appears and inserting ``the Board'';
(ii) in subsection (a), by striking ``he
may, in his discretion'' and inserting ``the
Board may, at the discretion of the Board'';
(iii) in subsection (b), by striking ``he''
each time that term appears and inserting ``the
Board''; and
(iv) by striking ``in his discretion'' each
time that term appears and inserting ``at the
discretion of the Board'';
(G) in section 1416(a) (15 U.S.C. 1715(a))--
(i) by striking ``of the Bureau of Consumer
Financial Protection'' the first time that term
appears;
(ii) by striking ``his functions, duties,
and powers'' and inserting ``the functions,
duties, and powers of the Board'';
(iii) by striking ``his administrative law
judges'' and inserting ``the administrative law
judges of the Bureau of Consumer Financial
Protection''; and
(iv) by striking ``himself'' and inserting
``the Board'';
(H)(i) in section 1418a(b)(4) (15 U.S.C.
1717a(b)(4)), by striking ``The Secretary's
determination or order'' and inserting ``A
determination or order of the Board''; and
(ii) in section 1418a(d) (15 U.S.C. 1717a(d)), by
striking ``the Secretary's determination or order'' and
inserting ``a determination or order of the Board'';
(I) in section 1419 (15 U.S.C. 1718)--
(i) by striking ``him'' and inserting ``the
Board'';
(ii) by striking ``his rules and
regulations'' and inserting ``the rules and
regulations of the Board''; and
(iii) by striking ``his jurisdiction'' and
inserting ``the jurisdiction of the Bureau of
Consumer Financial Protection''; and
(J) in section 1420 (15 U.S.C. 1719)--
(i) by inserting ``or any member of the
Board'' before ``in any proceeding''; and
(ii) by striking ``him'' and inserting
``the Board or any member of the Board''.
(11) Real estate settlement procedures act of 1974.--
Section 5 of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2604) is amended--
(A) by striking ``Director of'' and inserting
``Board of Directors of''; and
(B) by striking ``Director'' each place that term
appears and inserting ``Board''.
(12) S.A.F.E. mortgage licensing act of 2008.--The S.A.F.E.
Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) is
amended--
(A) in section 1503(10) (12 U.S.C. 5102(10))--
(i) in the paragraph heading, by striking
``Director'' and inserting ``Board''; and
(ii) by striking ```Director' means the
Director'' and inserting ```Board' means the
Board of Directors'';
(B) by striking ``Director'' each place that term
appears and inserting ``Board'';
(C) in section 1514(b)(5) (12 U.S.C. 5113(b)(5)),
by striking ``Secretary's expenses'' and inserting
``expenses of the Board'';
(D) in section 1514(c)(4)(C) (12 U.S.C.
5113(c)(4)(C)), by striking ``Secretary's'' and
inserting ``Board's'';
(E) in the headings of section 1514(c)(1),
(c)(4)(A), and (c)(5), by striking ``director'' and
inserting ``board''; and
(F) in the heading of section 1514(d), by striking
``Director'' and inserting ``Board''.
(13) Title 44.--Section 3513(c) of title 44, United States
Code, is amended by striking ``Director of the Bureau'' and
inserting ``Board of Directors of the Bureau''.
(c) References.--Any reference in a law, regulation, document,
paper, or other record of the United States to the Director of the
Bureau of Consumer Financial Protection shall be deemed a reference to
the Board of Directors of the Bureau of Consumer Financial Protection,
unless otherwise specified in this Act.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on the later of--
(1) October 1, 2017; or
(2) the date on which not less than 3 persons have been
confirmed by the Senate to serve as members of the Board of
Directors of the Bureau of Consumer Financial Protection.
Sec. 506. None of the funds made available in this Act or
transferred to the Bureau of Consumer Financial Protection pursuant to
section 1017 of Public law 111-203 may be used to regulate pre-dispute
arbitration agreements (as described in section 1028 of Public Law 111-
203) and any regulation finalized by the Bureau to regulate pre-dispute
arbitration agreements shall have no legal force or effect until the
requirements regarding pre-dispute arbitration specified in the report
accompanying this Act under the heading ``Bureau of Consumer Financial
Protection,'' are fulfilled.
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, $121,300,000, of which
$1,000,000 shall be available for the advisory committees in the report
accompanying this Act under the heading ``Consumer Product Safety
Commission'', and of which $1,300,000 shall remain available until
expended to carry out the program, including administrative costs,
required by section 1405 of the Virginia Graeme Baker Pool and Spa
Safety Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 510. During fiscal year 2017, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements
were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $4,900,000.
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, $314,844,000, to remain available until expended: Provided, That
$314,844,000 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 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 2017 so as to result in a final fiscal year
2017 appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $314,844,000 in fiscal
year 2017 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, 2016, 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
$106,000,000 for fiscal year 2017: Provided further, That, of the
amount appropriated under this heading, not less than $11,751,000 shall
be for the salaries and expenses of the Office of Inspector General.
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,
$35,958,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $80,540,000, of which $8,000,000 shall
remain available until September 30, 2018, for lease expiration and
replacement lease expenses; and of which not to exceed $5,000 shall be
available for reception and representation expenses.
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, $26,631,000, 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; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses: 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.
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, $317,000,000 (increased by $1,000,000), 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 $125,000,000 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 2017, so as to result in a
final fiscal year 2017 appropriation from the general fund estimated at
not more than $177,000,000: 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).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
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 $9,244,808,000 (reduced by
$7,000,000) (reduced by $1,784,000) (reduced by $800,000) (reduced by
$3,300,000) (reduced by $2,000,000) (reduced by $5,000,000), of which--
(1) $504,918,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) National Capital Region, FBI Headquarters
Consolidation, $200,000,000;
(B) California, Calexico, Calexico West Land Port
of Entry, $248,213,000;
(C) District of Columbia, Washington, Southeast
Federal Center Remediation, $7,000,000;
(D) Pembina, North Dakota, United States Department
of Agriculture (USDA) Animal and Plant Health
Inspection Service (APHIS), $5,749,000;
(E) Boyers, Pennsylvania, Federal Office Building,
$31,200,000; and
(F) Austin, Texas, Internal Revenue Service (IRS)
Annex Building, $12,756,000:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval is
obtained from the Committees on Appropriations of a greater
amount;
(2) $758,790,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $300,000,000 is for Major Repairs and
Alterations;
(B) $312,090,000 is for Basic Repairs and
Alterations; and
(C) $146,700,000 is for Special Emphasis Programs,
of which--
(i) $20,000,000 is for Fire and Life
Safety;
(ii) $26,700,000 is for Judiciary Capital
Security;
(iii) $100,000,000 is for Consolidation
Activities: Provided, That consolidation
projects result in reduced annual rent paid by
the tenant agency: Provided further, That no
consolidation project exceed $10,000,000 in
costs: Provided further, That consolidation
projects are approved by each of the committees
specified in section 3307(a) of title 40,
United States Code: Provided further, That
preference is given to consolidation projects
that achieve a utilization rate of 130 usable
square feet or less per person for office
space: Provided further, That the obligation of
funds under this paragraph for consolidation
activities may not be made until 10 days after
a proposed spending plan and explanation for
each project to be undertaken, including
estimated savings, has been submitted to the
Committees on Appropriations of the House of
Representatives and the Senate:
Provided, 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 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) $5,645,000,000 (reduced by $7,000,000) (reduced by
$1,784,000) (reduced by $800,000) (reduced by $3,300,000)
(reduced by $2,000,000) (reduced by $5,000,000) for rental of
space to remain available until expended; and
(4) $2,336,100,000 for building operations to remain
available until expended, of which $1,184,790,000 is for
building services, and $1,151,310,000 is for salaries and
expenses: Provided, That not to exceed 5 percent of any
appropriation made available under this paragraph for building
operations may be transferred between and merged with such
appropriations upon notification to the Committees on
Appropriations of the House of Representatives and the Senate,
but no such appropriation shall be increased by more than 5
percent by any such transfers: Provided further, That section
521 of this title shall not apply with respect to funds made
available under this heading for building operations: Provided
further, That the total amount of funds made available from
this Fund 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 2017, 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.
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, travel, motor vehicles,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109; $58,000,000, of which
$1,000,000 shall remain available until September 30, 2018.
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; and services as
authorized by 5 U.S.C. 3109; $47,966,000, of which $24,569,000 is for
Real and Personal Property Management and Disposal and $23,397,000 is
for the Office of the Administrator, of which not to exceed $7,500 is
for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for
activities associated with the Civilian Board of Contract Appeals and
services as authorized by 5 U.S.C. 3109, $9,275,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $65,000,000, of which $2,000,000
is available until September 30, 2018: 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.
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, $1,932,000.
expenses, presidential transition
(including transfer of funds)
For necessary expenses to carry out the Presidential Transition Act
of 1963 (3 U.S.C. 102 note), $9,500,000, of which not to exceed
$1,000,000 is for activities authorized by paragraphs (8) and (9) of
section 3(a) of the Act: Provided, That such amounts may be transferred
to the ``Acquisition Services Fund'' or ``Federal Buildings Fund'' to
reimburse obligations incurred prior to the date of enactment of this
Act for the purposes provided herein related to the Presidential
election in 2016: Provided further, That amounts available under this
heading shall be in addition to any other amounts available for such
purposes.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 40 U.S.C. 323
and 44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to enhance its
ability to conduct activities electronically, through the development
and implementation of innovative uses of information technology;
$55,894,000, to be deposited into the Federal Citizen Services Fund:
Provided, That the previous amount may be transferred to Federal
agencies to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimbursements,
and collections deposited into the Fund shall be available until
expended for necessary expenses of Federal Citizen Services and other
activities that enable the Federal Government to enhance its ability to
conduct activities electronically in the aggregate amount not to exceed
$150,000,000: Provided further, That appropriations, revenues,
reimbursements, and collections accruing to this Fund during fiscal
year 2017 in excess of such amount shall remain in the Fund and shall
not be available for expenditure except as authorized in appropriations
Acts: Provided further, That any appropriations provided to the
Electronic Government Fund that remain unobligated may be transferred
to the Federal Citizen Services Fund: Provided further, That the
transfer authorities provided herein shall be in addition to any other
transfer authority provided in this Act.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2017 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.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2018
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.
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 consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
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.
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.
Sec. 526. With respect to each project funded under the heading
``Major Repairs and Alterations'' or ``Judiciary Capital Security
Program'', and with respect to E-Government projects funded under the
heading ``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each project
to be undertaken 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.
Sec. 527. Strike subsection (d) of section 3173 of title 40,
United States Code.
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, $44,786,000, to remain available until
September 30, 2018, and in addition not to exceed $2,345,000, to remain
available until September 30, 2018, 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.
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, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $380,634,000.
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, $4,801,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended.
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, $6,000,000,
to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
available until September 30, 2018, for technical assistance to low-
income designated credit unions.
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, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, 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, $16,090,000.
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 or subsistence allowances to employees
where Voting Rights Act activities require an employee to remain
overnight at his or her post of duty, $144,867,000: Provided, That of
the total amount made available under this heading, not to exceed
$37,000,000 shall remain available until September 30, 2018, for the
operation and strengthening of the security of OPM legacy and Shell
environment IT systems and the modernization, migration, and testing of
such systems: Provided further, That the amount made available by the
previous proviso may not be obligated until the Director of the Office
of Personnel Management submits to the Committees on Appropriations of
the Senate and the House of Representatives a plan for expenditure of
such amount, prepared in consultation with the Director of the Office
of Management and Budget, the Administrator of the United States
Digital Service, and the Secretary of Homeland Security, that--
(1) identifies the full scope and cost of the IT systems
remediation and stabilization project;
(2) meets the capital planning and investment control
review requirements established by the Office of Management and
Budget, including Circular A-11, part 7;
(3) includes a Major IT Business Case under the
requirements established by the Office of Management and Budget
Exhibit 300;
(4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Government;
(5) complies with all Office of Management and Budget,
Department of Homeland Security and National Institute of
Standards and Technology requirements related to securing the
agency's information system as described in 44 U.S.C. 3554; and
(6) is reviewed and commented upon by the Inspector General
of the Office of Personnel Management, and such comments are
submitted to the Director of the Office of Personnel Management
before the date of such submission:
Provided further, That, not later than 6 months after the date of
enactment of this Act, the Comptroller General shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report that--
(A) evaluates--
(i) the steps taken by the Office of Personnel
Management to prevent, mitigate, and respond to data
breaches involving sensitive personnel records and
information;
(ii) the Office's cybersecurity policies and
procedures in place on the date of enactment of this
Act, including policies and procedures relating to IT
best practices such as data encryption, multifactor
authentication, and continuous monitoring;
(iii) the Office's oversight of contractors
providing IT services; and
(iv) the Office's compliance with government-wide
initiatives to improve cybersecurity; and
(B) sets forth improvements that could be made to assist
the Office of Personnel Management in addressing cybersecurity
challenges:
Provided further, That of the total amount made available under this
heading, $391,000 may be made available 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; and in addition $141,611,000 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
further, That the provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by sections
8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), 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 2017, 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.
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, $5,072,000, and in addition, not to exceed $26,662,000
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.
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) as amended by Public Law
107-304, the Whistleblower Protection Enhancement Act of 2012 (Public
Law 112-199), 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; $25,735,000 (increased
by $800,000).
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), $16,200,000, to be derived by
transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act.
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 (42 U.S.C. 2000ee), $8,297,000
(increased by $1,784,000).
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, $1,555,000,000, to remain available until
expended; of which not less than $14,700,000 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; 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; of which funding for information technology initiatives
shall be increased over the fiscal year 2016 level by not less than
$50,000,000; and of which not less than $72,049,000 shall be for the
Division of Economic and Risk Analysis: 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 $1,555,000,000 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 2017 shall be reduced as such offsetting fees are received so as
to result in a final total fiscal year 2017 appropriation from the
general fund estimated at not more than $0.
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; $22,703,000:
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.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $268,000,000, 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 2017: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2018.
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $243,100,000, to remain available until
September 30, 2018: Provided, That $125,000,000 (increased by
$5,000,000) shall be available to fund grants for performance in fiscal
year 2017 or fiscal year 2018 as authorized by section 21 of the Small
Business Act: Provided further, That $31,000,000 shall be 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
$20,000,000 shall be available for grants to States to carry out export
programs that assist small business concerns authorized under section
1207 of Public Law 111-240.
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,
$19,900,000.
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.), $9,320,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $4,338,000, 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 2017
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000: Provided
further, That during fiscal year 2017 commitments for general business
loans authorized under section 7(a) of the Small Business Act shall not
exceed $28,500,000,000 for a combination of amortizing term loans and
the aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2017 commitments for loans
authorized under subparagraph (C) of section 502(7) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2017
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 2017,
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, $152,726,000, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $185,977,000, to
be 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 $175,977,000 is for direct administrative
expenses 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; and 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.
administrative provisions--small business administration
(including transfer of funds)
(including rescission)
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 section 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.
Sec. 531. (a) None of the funds made available under this Act may
be used to collect a guarantee fee under section 7(a)(18) of the Small
Business Act (15 U.S.C. 636(a)(18)) with respect to a loan guaranteed
under section 7(a)(31) of such Act that is made to a small business
concern (as defined under section 3 of such Act (15 U.S.C. 632)) that
is 51 percent or more owned and controlled by 1 or more individuals who
is a veteran (as defined in section 101 of title 38, United States
Code) or the spouse of a veteran.
(b) Nothing in this section shall be construed to limit the
authority of the Administrator of the Small Business Administration to
waive such a guarantee fee or any other loan fee with respect to a loan
to a small business concern described in subsection (a) or any other
borrower.
Sec. 532. Of the unobligated balances available for the Certified
Development Company Program under section 503 of the Small Business
Investment Act of 1958, as amended, $55,000,000 are hereby permanently
rescinded: Provided, That no amounts may be so rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
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, $41,151,000: 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.
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,
$258,000,000, 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).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $51,300,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission)
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.
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.
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.
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.
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).
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 chapter 83 of title 41, United
States Code.
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 chapter 83 of title 41, United States Code.
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 2017, 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.
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 2017 from appropriations made available for salaries
and expenses for fiscal year 2017 in this Act, shall remain available
through September 30, 2018, 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.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or the
Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
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.
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.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. 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).
Sec. 616. 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.
Sec. 617. 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.
Sec. 618. (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.
(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.
(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.
Sec. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C.
ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 620. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 621. None of the funds made available by this Act may be used
to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform, or any
substantially similar position.
(2) Assistant to the President for Energy and Climate
Change, or any substantially similar position.
(3) Senior Advisor to the Secretary of the Treasury
assigned to the Presidential Task Force on the Auto Industry
and Senior Counselor for Manufacturing Policy, or any
substantially similar position.
(4) White House Director of Urban Affairs, or any
substantially similar position.
Sec. 622. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 623. (a) Not later than 180 days after the date of enactment
of this section, the agencies specified in subsection (b) shall each
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate on--
(1) increasing public participation in the rulemaking
process and reducing uncertainty;
(2) improving coordination with other Federal agencies to
eliminate redundant, inconsistent, and overlapping regulations;
and
(3) identifying existing regulations that have been
reviewed and determined to be outmoded, ineffective, or
excessively burdensome.
(b) The agencies required to submit a report specified in
subsection (a) are--
(1) the Consumer Product Safety Commission;
(2) the Federal Communications Commission;
(3) the Federal Trade Commission; and
(4) the Securities and Exchange Commission.
Sec. 624. The unobligated balance in the Securities and Exchange
Commission Reserve Fund established by section 991 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (Public Law 111-203) is
permanently rescinded.
Sec. 625. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to study, develop,
propose, finalize, issue, or implement any rule, regulation, or order
regarding the disclosure of political contributions to tax exempt
organizations, or dues paid to trade associations.
Sec. 626. None of the funds made available by this or any other
Act may be used by the Financial Stability Oversight Council to make a
determination, pursuant to subsection (a) or (b) of section 113 of the
Financial Stability Act of 2010 (12 U.S.C. 5323), with respect to a
nonbank financial company until--
(1) the Financial Stability Oversight Council, in the
notice described in subsection (e)(1) of such section,
identifies with specificity the risks to the financial
stability of the United States presented by the nonbank
financial company and explains in sufficient detail why
regulatory action by the relevant primary financial regulatory
agency would be insufficient to mitigate or prevent such risks;
and
(2) if the nonbank financial company presents a plan in a
hearing conducted pursuant to subsection (e)(2) of such section
to modify its business, structure, or operations in order to
mitigate the risks identified in such a notice--
(A) the Financial Stability Oversight Council makes
a determination as to whether such plan, if
implemented, adequately mitigates the identified risks;
and
(B) if the Financial Stability Oversight Council
determines that such plan would adequately mitigate the
identified risk, the Council--
(i) approves such plan; and
(ii) allows the nonbank financial company a
reasonable period of time to implement such
plan.
Sec. 627. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner
that violates the Fourth Amendment to the Constitution of the United
States.
Sec. 628. (a) In each of fiscal years 2017 through 2025, section
628 of division E of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 129 Stat. 2469) applies to a joint sales agreement
regardless of any change in the ownership of the stations involved in
such agreement.
(b) In the case of a joint sales agreement to which such section
applies, while such section is in effect, the Federal Communications
Commission--
(1) may not require the termination or modification of such
agreement as a condition of the transfer or assignment of a
station license or the transfer of station ownership or
control; and
(2) upon request of the transferee or assignee of the
station license, shall eliminate any such condition that was
imposed after March 31, 2014, and permit the licensees of the
stations whose advertising was jointly sold pursuant to such
agreement to enter into a new joint sales agreement on
substantially similar terms and conditions as the prior
agreement.
(c) In this section, the term ``joint sales agreement'' has the
meaning given such term in Note 2(k) to section 73.3555 of title 47,
Code of Federal Regulations, and where a joint sales agreement is part
of a broader contract, this section shall be limited to the joint sales
agreement portion of such contract.
Sec. 629. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the Commission
from considering, developing, or adopting other support mechanisms as
an alternative to Mobility Fund Phase II.
Sec. 630. None of the funds made available by this Act may be used
to implement, administer, or enforce any rule (as defined in section
551 of title 5, United States Code), or any amendment or repeal of an
existing rule, that is adopted by vote of the Federal Communications
Commission after the date of the enactment of this Act, unless the
Commission publishes the text of such rule, amendment, or repeal on the
Internet Web site of the Commission not later than 21 days before the
date on which the vote occurs.
Sec. 631. None of the funds made available by this Act may be used
to regulate, directly or indirectly, the prices, other fees, or data
caps and allowances (as such terms are described in paragraph 164 of
the Report and Order on Remand, Declaratory Ruling, and Order in the
matter of protecting and promoting the open Internet, adopted by the
Federal Communications Commission on February 26, 2015 (FCC 15-24))
charged or imposed by providers of broadband Internet access service
(as defined in the final rules in Appendix A of such Report and Order
on Remand, Declaratory Ruling, and Order) for such service, regardless
of whether such regulation takes the form of requirements for future
conduct or enforcement regarding past conduct.
Sec. 632. None of the funds made available by this Act may be used
to implement, administer, or enforce the Report and Order on Remand,
Declaratory Ruling, and Order in the matter of protecting and promoting
the open Internet, adopted by the Federal Communications Commission on
February 26, 2015 (FCC 15-24), until the first date on which there has
been a final disposition (including the exhaustion of or expiration of
the time for any appeals) of all of the following civil actions:
(1) Alamo Broadband Inc. v. Federal Communications
Commission, et al., No. 15-60201, pending in the United States
Court of Appeals for the Fifth Circuit as of the date of the
enactment of this Act.
(2) United States Telecom Assoc. v. Federal Communications
Commission, et al., No. 15-1063, pending in the United States
Court of Appeals for the District of Columbia Circuit as of the
date of the enactment of this Act.
(3) CenturyLink v. Federal Communications Commission, No.
15-1099, pending in the United States Court of Appeals for the
District of Columbia Circuit as of the date of the enactment of
this Act.
Sec. 633. (a) Section 1105(a)(35) of title 31, United States Code,
is amended--
(1) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B);
(2) by striking ``homeland security'' in each instance it
appears and inserting ``cybersecurity''; and
(3) by amending subparagraph (B) (as redesignated by
paragraph (1)) to read as follows:
``(B) Prior to implementing this paragraph, including
determining what Federal activities or accounts constitute
cybersecurity for purposes of budgetary classification, the
Office of Management and Budget shall consult with the
Committees on Appropriations and the Committees on the Budget
of the House of Representatives and the Senate, the Committee
on Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Government Affairs of the
Senate.''.
(b) The amendments made by subsection (a) shall apply to budget
submissions under section 1105(a) of title 31, United States Code, for
fiscal year 2018 and each subsequent fiscal year.
Sec. 634. (a) Effective one year after the date of the enactment of
this Act, subtitle B of title IV of Public Law 102-281 is repealed.
(b) On the day before the date of the repeal under subsection (a),
the Secretary of the Treasury shall transfer the amounts in the fund
described in section 408(a) of subtitle A of title IV of such Public
Law into the general fund of the Treasury.
Sec. 635. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication activities, or other law enforcement- or
victim assistance-related activity.
Sec. 636. (a) None of the funds made available by this Act may be
used to finalize, adopt, implement, administer, or enforce any proposed
rule under section 629 of the Communications Act of 1934 (47 U.S.C.
549) before the date that is 180 days after the completion of the
following process:
(1) There has been completed a study that--
(A) evaluates the potential costs and benefits of
the proposed rule and the potential costs and benefits
of other market-based solutions; and
(B) meets the requirements of subsection (b).
(2) The Federal Communications Commission has--
(A) sought public comment on the study described in
paragraph (1);
(B) provided a period of not less than 90 days for
the submission of such comments; and
(C) addressed the concerns raised in the comment
cycle under subparagraph (B) in a report adopted by
vote of the Commission and made publicly available.
(b) A study meets the requirements of this subsection if the
study--
(1) is a peer-reviewed study conducted by an institution of
higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))) or an individual in
the individual's capacity as a faculty member at such an
institution; and
(2) at minimum, analyzes the potential impact of the
proposed rule on--
(A) all parties in the video programming
marketplace, including video programming creators,
programming networks, multichannel video programming
distributors, and subscribers of multichannel video
programming services;
(B) video programming content diversity;
(C) intellectual property and content licensing;
and
(D) consumer privacy and the legal remedies
available to consumers for violations of video privacy
obligations.
Sec. 637. None of the funds made available in this Act or
transferred pursuant to section 1017 of Public Law 111-203 may be used
to take any action on the basis of an individual being a mortgage
originator as defined in section 103(cc) of the Truth in Lending Act
(15 U.S.C. 1602(cc)) against any individual who is a retailer of
manufactured homes or its employees, unless such retailer or its
employees receive compensation or gain for engaging in activities
described in paragraph (1)(A) of such section 103(cc) that is in excess
of any compensation or gain received in a comparable cash transaction.
Sec. 638. None of the funds made available in this Act or
transferred pursuant to section 1017 of Public Law 111-203 may be used
to enforce the provisions of section 129 of the Truth in Lending Act
(15 U.S.C. 1639) for any transaction that is less than $75,000 and is
secured by a dwelling that is personal property or is a transaction
that does not include the purchase of real property on which a dwelling
is to be placed if--
(1) the annual percentage rate at consummation of the
transaction, as determined under section 103(bb) of the Truth
in Lending Act (15 U.S.C. 1602(bb)) does not exceed 10
percentage points; and
(2) the total points and fees payable in connection with
the transaction, as determined under such section 103(bb), do
not exceed the greater of 5 percent or $3,000.
Sec. 639. None of the funds made available by this Act, any other
Act, or transferred to the Bureau of Consumer Financial Protection
pursuant to section 1017 of the Consumer Financial Protection Act of
2010 may be used to issue or enforce any rule or regulation with
respect to payday loans (as described under section 1024(a)(1)(E) of
such Act), vehicle title loans, or other similar loans during fiscal
year 2017 and the Bureau may not issue or enforce any such rule or
regulation after fiscal year 2017 until such time as the Bureau has
submitted to Congress a detailed report, after providing for a public
comment period of not less than 90 days, that: (1) analyzes the impact
of any such rule or regulation on consumer access to credit, including
an analysis of the rule or regulation's impact on populations that have
traditionally had limited access to credit; and (2) identifies existing
alternative credit products that are immediately available to existing
users of payday loans, vehicle title loans, or other similar loans at
the same credit risk profiles and at sufficient levels to fully replace
any anticipated potential reduction in current sources of short-term,
small-dollar credit as a result of the rule or regulation.
Sec. 640. (a) None of the funds made available by this Act shall be
used to implement, promulgate, finalize or enforce Executive Order No.
13673, issued July 31, 2014, or to develop any regulation or guidance
related thereto, until--
(1) a study is conducted by the Comptroller General
analyzing the impacts of such order on affected Federal
agencies' missions, impacts on the industrial base, and
including a cost benefit analysis of implementation of the such
order versus potential alternatives; and
(2) the Secretary of Labor has reviewed the report of the
study conducted pursuant to paragraph (1) and certified that
the benefits of the order outweigh any associated costs and
will not impede agency missions.
(b) The study to be conducted by the Comptroller General shall be
publicly available and shall be submitted to the Committees on
Appropriations of the House of Representatives and Senate. The elements
of the study shall include an assessment of--
(1) the estimated costs to each Federal agency or department to
implement the Executive order, including the costs of designating labor
compliance advisors and any other associated positions or resources
needed to support the functions of the labor compliance advisors;
(2) the effects of the Executive order on the industrial base
(including the defense industrial base) and including input from both
the Federal agencies (including the Department of Defense) and affected
members of the industrial base, including how the order would affect
the ability of mission critical contractors to continue to provide
goods and services to the Federal Government;
(3) any private sector capabilities that the agency or department
would risk losing access to if the Executive order were implemented as
defined in the FAR proposed rule (FAR Case 2014-025; Docket No. 2014-
0025) and any related final rule;
(4) costs to prime contractors and subcontractors associated with
complying with the proposed rule or any related final rule, including
the costs of having to create new information systems or processes to
obtain and manage the data required by the Executive order;
(5) the effect of the Executive order on Federal acquisition
competition and the ability to encourage non-traditional contractors to
compete in the Federal market;
(6) the effect of the Executive order on the ability of the Federal
Government to meet statutory small business prime contracting and
subcontracting goals, including such goals for minority-owned, women-
owned, and service-disabled veteran-owned small businesses;
(7) the total number of violations (as defined in the proposed
Department of Labor guidance) and the number of such violations where a
challenge was still pending that would trigger disclosure by potential
bidders to a Government solicitation;
(8) any delays to the procurement process that will result from the
implementation of the Executive order;
(9) alternative approaches to effect the goal of the Executive
order, including potential improvements to Government information
systems, that could provide greater transparency into labor law
compliance without shifting the reporting burden to industry; and
(10) such other matters as the Comptroller General determines
relevant.
Sec. 641. (1) None of the funds appropriated by this Act shall be
available to pay for an abortion or the administrative expenses in
connection with a multi-State qualified health plan offered under a
contract under section 1334 of the Patient Protection and Affordable
Care Act (42 U.S.C. 18054) which provides any benefits or coverage for
abortions.
(2) The provision of paragraph (1) shall not apply where the life
of the mother would be endangered if the fetus were carried to term, or
the pregnancy is the result of an act of rape or incest.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2017 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.
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 vehicles, protective vehicles, and undercover surveillance
vehicles), is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits may be
exceeded by not to exceed $7,250 for police-type 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 alternative fuel, including but not limited to electric,
plug-in hybrid electric, and hydrogen fuel cell vehicles.
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.
Sec. 704. Unless otherwise specified in law 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 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.
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.
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:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13693
(March 19, 2015), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
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.
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.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other 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.
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.
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. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the Armed Forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
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--
(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; or
(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).
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--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(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; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. 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,
infographic, social media, or film presentation designed to support or
defeat legislation pending before the Congress, except in presentation
to the Congress itself.
Sec. 716. 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.
Sec. 717. None of the funds made available in this or any other
Act may be used to provide any non-public information such as mailing,
telephone or electronic mailing 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.
Sec. 718. 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 Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal Service,
and the Postal Regulatory Commission.
(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.
Sec. 720. 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.
Sec. 721. 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, including improving coordination and reducing
duplication, 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 $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to 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 2017 shall remain available for obligation
through September 30, 2018: Provided further, That such transfers or
reimbursements may only be made after 15 days following notification of
the Committees on Appropriations of the House of Representatives and
the Senate by the Director of the Office of Management and Budget.
Sec. 722. 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.
Sec. 723. 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.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (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--
(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;
or
(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.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(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.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(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.
Sec. 726. (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.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(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.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. 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.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to 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.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this 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).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, 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.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this 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.
Sec. 732. 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.
Sec. 733. (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.
(b) Waivers.--
(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.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(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.
Sec. 734. During fiscal year 2017, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(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.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract or otherwise performing or participating in
acquisition at any stage of the acquisition process (as defined in
section 131 of title 41, United States Code) of property or services by
the Federal Government to disclose any of the following information as
a condition of submitting the offer or otherwise performing in or
participating in such acquisition:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or that is otherwise made with respect to any
election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.).
Sec. 736. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) 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 2017, 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--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2017, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2017, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2017 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2017 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.
(2) 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 paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2016, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2016, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2016.
(6) 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 subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2017 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That prevailing
rate employees at locations where there are no employees whose
pay is increased pursuant to sections 5303 and 5304 of title 5,
United States Code, and prevailing rate employees described in
section 5343(a)(5) of title 5, United States Code, shall be
considered to be located in the pay locality designated as
``Rest of United States'' pursuant to section 5304 of title 5,
United States Code, for purposes of this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2016.
Sec. 738. (a) The Vice President may not receive a pay raise in
calendar year 2017, notwithstanding the rate adjustment made under
section 104 of title 3, United States Code, or any other provision of
law.
(b) An employee 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
2017, 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), (h), or (i). This subsection applies only
to employees who are holding a position under a political appointment.
(c) A chief of mission or ambassador at large may not receive a pay
rate increase in calendar year 2017, 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), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, a pay rate increase may not be received in calendar year
2017 (except as provided in subsection (g), (h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the Executive
Schedule; or
(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level IV
of the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any 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 under a political appointment may not receive a pay rate
increase in calendar year 2017, notwithstanding any other provision of
law, except as provided in subsection (g), (h), or (i). This subsection
does not apply to employees in the General Schedule pay system or the
Foreign Service pay system, or to employees appointed under section
3161 of title 5, United States Code, 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.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(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.
(h) A member of the 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.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position with higher-level duties and a
pre-established higher level or range of pay, except that any such
increase must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable pay limitations in effect on December 31,
2013.
(k) If an employee affected by subsections (b) through (e) is
subject to a biweekly pay period that begins in calendar year 2017 but
ends in calendar year 2018, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
Sec. 739. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2017 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to
and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted
by the departmental component or office in evaluating
potential contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending a conference held by any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act during fiscal year 2017 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to
that memorandum.
Sec. 740. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce
funding for a program, project, or activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 741. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 742. (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 provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to: (1) classified information; (2) communications to
Congress; (3) the reporting to an Inspector General of a violation of
any law, rule, or regulation, or mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific danger to public
health or safety; or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by controlling Executive orders and statutory
provisions 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.
(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.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 743. None of the funds made available by this or any other
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 has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 744. None of the funds made available by this or any other
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 of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 745. None of the funds made available under this or any other
Act may be used to--
(a) implement, administer, carry out, modify, revise, or enforce
Executive Order No. 13690, entitled ``Establishing a Federal Flood Risk
Management Standard and a Process for Further Soliciting and
Considering Stakeholder Input'' (issued January 30, 2015), until such
time as each affected agency---
(1) publically releases and submits to the appropriate
Congressional committees an implementation plan that identifies
all specific agency responsibilities and program changes,
including an assessment of the near term and long term costs
and benefits of the responsibilities and changes identified in
such plan and
(2) seeks public comment on any regulation, policy, or
guidance to implement Executive Order No. 13690 for not less
than 180 days and holds at least one public hearing; or
(b) implement Executive Order No. 13690 in a manner that modifies
the non-grant components of the National Flood Insurance Program under
the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.); or
(c) apply Executive Order No. 13690 or the Federal Flood Risk
Management Standard by any component of the Department of Defense,
including the Army Corps of Engineers in a way that changes the
``floodplain'' considered when determining whether or not to issue a
permit under section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) or section 10 of the Act of March 3, 1899 (chapter 425, 30
Stat. 1151; 33 U.S.C. 403).
Sec. 746. 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.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers 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.
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.
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 2017, 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--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(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; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2017.
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).
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--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(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;
(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;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24 hours
a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
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.
(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.
Sec. 807. None of the Federal funds contained in this Act may be
used for any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
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.
Sec. 809. (a) 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.
(b) No funds available for obligation or expenditure by any officer
or employee of the District of Columbia government may be used to enact
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 for recreational purposes.
Sec. 810. No funds available for obligation or expenditure by any
officer or employee of the District of Columbia government 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.
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 2017 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.
(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.
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).
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.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
(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.
Sec. 814. None of the Federal 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.
Sec. 815. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2017 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2017 in this Act, shall remain available through September 30,
2018, 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 outlined in section
803 of this Act.
Sec. 816. (a)(1) During fiscal year 2018, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Act referred to in paragraph (2)
(subject to any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is in effect)
at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2018 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion
of the annual budget for the District of Columbia government for fiscal
year 2018 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2018 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2018.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2018 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2018 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 817. (a) Effective with respect to fiscal year 2013 and each
succeeding fiscal year, the Local Budget Autonomy Amendment Act of 2012
(D.C. Law 19-321) is hereby repealed, and any provision of law amended
or repealed by such Act shall be restored or revived as if such Act had
not been enacted into law.
(b)(1) Section 450 of the District of Columbia Home Rule Act (sec.
1-204.50, D.C. Official Code) is amended--
(A) in the first sentence, by striking ``The
General Fund'' and inserting ``(a) In General.--The
General Fund''; and
(B) by adding at the end the following new
subsection:
``(b) Application of Federal Appropriations Process.--Nothing in
this Act shall be construed as creating a continuing appropriation of
the General Fund described in subsection (a). All funds provided for
the District of Columbia shall be appropriated on an annual fiscal year
basis through the Federal appropriations process. For each fiscal year,
the District shall be subject to all applicable requirements of
subchapter III of chapter 13 and subchapter II of chapter 15 of title
31, United States Code (commonly known as the `Anti-Deficiency Act'),
the Budget and Accounting Act of 1921, and all other requirements and
restrictions applicable to appropriations for such fiscal year.''.
(2) Section 603(a) of such Act (sec. 1-206.03(a), D.C. Official
Code) is amended--
(A) by striking ``existing''; and
(B) by striking the period at the end and inserting the
following: ``, or as authorizing the District of Columbia to
make any such change.''.
(3) The amendments made by this subsection shall take effect as if
included in the enactment of the District of Columbia Home Rule Act.
Sec. 818. 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.
TITLE IX
SOAR REAUTHORIZATION ACT
SEC. 901. SHORT TITLE; REFERENCES IN TITLE.
(a) Short Title.--This title may be cited as the ``Scholarships for
Opportunity and Results Reauthorization Act'' or the ``SOAR
Reauthorization Act''.
(b) References in Title.--Except as otherwise expressly provided,
whenever in this title an amendment is expressed in terms of an
amendment to or repeal of a section or other provision, the reference
shall be considered to be made to that section or other provision of
the Scholarships for Opportunity and Results Act (division C of Public
Law 112-10; sec. 38-1853.01 et seq., D.C. Official Code).
SEC. 902. REPEAL.
Section 817 of the Consolidated Appropriations Act, 2016 (Public
Law 114-113) is repealed, and any provision of law amended or repealed
by such section is restored or revived as if such section had not been
enacted into law.
SEC. 903. PURPOSES.
Section 3003 (sec. 38-1853.03, D.C. Official Code) is amended by
striking ``particularly parents'' and all that follows through ``,
with'' and inserting ``particularly parents of students who attend an
elementary school or secondary school identified as one of the lowest-
performing schools under the District of Columbia's accountability
system, with''.
SEC. 904. PROHIBITING IMPOSITION OF LIMITS ON TYPES OF ELIGIBLE
STUDENTS PARTICIPATING IN THE PROGRAM.
Section 3004(a) (sec. 38-1853.04(a), D.C. Official Code) is amended
by adding at the end the following:
``(3) Prohibiting imposition of limits on eligible students
participating in the program.--
``(A) In general.--In carrying out the program
under this division, the Secretary may not limit the
number of eligible students receiving scholarships
under section 3007(a), and may not prevent otherwise
eligible students from participating in the program
under this division, based on any of the following:
``(i) The type of school the student
previously attended.
``(ii) Whether or not the student
previously received a scholarship or
participated in the program, including whether
an eligible student was awarded a scholarship
in any previous year but has not used the
scholarship, regardless of the number of years
of nonuse.
``(iii) Whether or not the student was a
member of the control group used by the
Institute of Education Sciences to carry out
previous evaluations of the program under
section 3009.
``(B) Rule of construction.--Nothing in
subparagraph (A) may be construed to waive the
requirement under section 3005(b)(1)(B) that the
eligible entity carrying out the program under this Act
must carry out a random selection process, which gives
weight to the priorities described in section 3006, if
more eligible students seek admission in the program
than the program can accommodate.''.
SEC. 905. REQUIRING ELIGIBLE ENTITIES TO UTILIZE INTERNAL FISCAL AND
QUALITY CONTROLS.
Section 3005(b)(1) (sec. 38-1853.05(b)(1), D.C. Official Code) is
amended--
(1) in subparagraph (I), by striking ``, except that a
participating school may not be required to submit to more than
1 site visit per school year'';
(2) by redesignating subparagraphs (K) and (L) as
subparagraphs (L) and (M), respectively;
(3) by inserting after subparagraph (J) the following:
``(K) how the entity will ensure the financial
viability of participating schools in which 85 percent
or more of the total number of students enrolled at the
school are participating eligible students that receive
and use an opportunity scholarship;'';
(4) in subparagraph (L), as redesignated by paragraph (2),
by striking ``and'' at the end; and
(5) by adding at the end the following:
``(N) how the eligible entity will ensure that it--
``(i) utilizes internal fiscal and quality
controls; and
``(ii) complies with applicable financial
reporting requirements and the requirements of
this division; and''.
SEC. 906. CLARIFICATION OF PRIORITIES FOR AWARDING SCHOLARSHIPS TO
ELIGIBLE STUDENTS.
Section 3006(1) (sec. 38-1853.06(1), D.C. Official Code) is
amended--
(1) in subparagraph (A), by striking ``attended'' and all
that follows through the semicolon and inserting ``attended an
elementary school or secondary school identified as one of the
lowest-performing schools under the District of Columbia's
accountability system; and'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraph (C) as subparagraph (B);
and
(4) in subparagraph (B), as redesignated by paragraph (3),
by striking the semicolon at the end and inserting ``or whether
such students have, in the past, attended a private school;''.
SEC. 907. MODIFICATION OF REQUIREMENTS FOR PARTICIPATING SCHOOLS AND
ELIGIBLE ENTITIES.
(a) Criminal Background Checks; Compliance With Reporting
Requirements.--Section 3007(a)(4) (sec. 38-1853.07(a)(4), D.C. Official
Code) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) by striking subparagraph (F) and inserting the
following:
``(F) ensures that, with respect to core subject
matter, participating students are taught by a teacher
who has a baccalaureate degree or equivalent degree,
whether such degree was awarded in or outside of the
United States;''; and
(3) by adding at the end the following:
``(G) conducts criminal background checks on school
employees who have direct and unsupervised interaction
with students; and
``(H) complies with all requests for data and
information regarding the reporting requirements
described in section 3010.''.
(b) Accreditation.--Section 3007(a) (sec. 38-1853.07(a), D.C.
Official Code), as amended by subsection (a), is further amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2), (3), and (5)''; and
(2) by adding at the end the following:
``(5) Accreditation requirements.--
``(A) In general.--None of the funds provided under
this division for opportunity scholarships may be used
by a participating eligible student to enroll in a
participating private school unless the school--
``(i) in the case of a school that is a
participating school as of the date of
enactment of the SOAR Reauthorization Act--
``(I) is fully accredited by an
accrediting body described in any of
subparagraphs (A) through (G) of
section 2202(16) of the District of
Columbia School Reform Act of 1995
(Public Law 104-134; sec. 38-
1802.02(16)(A)-(G), D.C. Official
Code); or
``(II) if such participating school
does not meet the requirements of
subclause (I)--
``(aa) not later than 1
year after the date of
enactment of the Consolidated
Appropriations Act, 2016
(Public Law 114-113), the
school is pursuing full
accreditation by an accrediting
body described in subclause
(I); and
``(bb) is fully accredited
by such an accrediting body not
later than 5 years after the
date on which that school began
the process of pursuing full
accreditation in accordance
with item (aa); and
``(ii) in the case of a school that is not
a participating school as of the date of
enactment of the SOAR Reauthorization Act, is
fully accredited by an accrediting body
described in clause (i)(I) before becoming a
participating school under this division.
``(B) Reports to eligible entity.--Not later than 5
years after the date of enactment of the SOAR
Reauthorization Act, each participating school shall
submit to the eligible entity a certification that the
school has been fully accredited in accordance with
subparagraph (A).
``(C) Assisting students in enrolling in other
schools.--If a participating school fails to meet the
requirements of this paragraph, the eligible entity
shall assist the parents of the participating eligible
students who attend the school in identifying, applying
to, and enrolling in another participating school under
this division.
``(6) Treatment of students awarded a scholarship in a
previous year.--An eligible entity shall treat a participating
eligible student who was awarded an opportunity scholarship in
any previous year and who has not used the scholarship as a
renewal student and not as a new applicant, without regard as
to--
``(A) whether the eligible student has used the
scholarship; and
``(B) the year in which the scholarship was
previously awarded.''.
(c) Requiring Use of Funds Remaining Unobligated From Previous
Fiscal Years.--
(1) In general.--Section 3007 (sec. 38-1853.07, D.C.
Official Code) is amended by adding at the end the following:
``(e) Requiring Use of Funds Remaining Unobligated From Previous
Fiscal Years.--
``(1) In general.--To the extent that any funds
appropriated for the opportunity scholarship program under this
division for any fiscal year remain available for subsequent
fiscal years under section 3014(c), the Secretary shall make
such funds available to eligible entities receiving grants
under section 3004(a) for the uses described in paragraph (2)--
``(A) in the case of any remaining funds that were
appropriated before the date of enactment of the SOAR
Reauthorization Act, beginning on the date of enactment
of such Act; and
``(B) in the case of any remaining funds
appropriated on or after the date of enactment of such
Act, by the first day of the first subsequent fiscal
year.
``(2) Use of funds.--If an eligible entity to which the
Secretary provided additional funds under paragraph (1) elects
to use such funds during a fiscal year, the eligible entity
shall use--
``(A) not less than 95 percent of such additional
funds to provide additional scholarships for eligible
students under section 3007(a), or to increase the
amount of the scholarships, during such year; and
``(B) not more than a total of 5 percent of such
additional funds for administrative expenses, parental
assistance, or tutoring, as described in subsections
(b) and (c), during such year.
``(3) Special rule.--Any amounts made available for
administrative expenses, parental assistance, or tutoring under
paragraph (2)(B) shall be in addition to any other amounts made
available for such purposes in accordance with subsections (b)
and (c).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of enactment of this title.
(d) Use of Funds for Administrative Expenses and Parental
Assistance.--Section 3007 (sec. 38-1853.07, D.C. Official Code), as
amended by this section, is further amended--
(1) by striking subsections (b) and (c) and inserting the
following:
``(b) Administrative Expenses and Parental Assistance.--The
Secretary shall make $2,000,000 of the amount made available under
section 3014(a)(1) for each fiscal year available to eligible entities
receiving a grant under section 3004(a) to cover the following
expenses:
``(1) The administrative expenses of carrying out its
program under this division during the year, including--
``(A) determining the eligibility of students to
participate;
``(B) selecting the eligible students to receive
scholarships;
``(C) determining the amount of the scholarships
and issuing the scholarships to eligible students;
``(D) compiling and maintaining financial and
programmatic records;
``(E) conducting site visits as described in
section 3005(b)(1)(I); and
``(F)(i) conducting a study, including a survey of
participating parents, on any barriers for
participating eligible students in gaining admission
to, or attending, the participating school that is
their first choice; and
``(ii) not later than the end of the first full
fiscal year after the date of enactment of the SOAR
Reauthorization Act, submitting a report to Congress
that contains the results of such study.
``(2) The expenses of educating parents about the eligible
entity's program under this division, and assisting parents
through the application process under this division,
including--
``(A) providing information about the program and
the participating schools to parents of eligible
students, including information on supplemental
financial aid that may be available at participating
schools;
``(B) providing funds to assist parents of students
in meeting expenses that might otherwise preclude the
participation of eligible students in the program; and
``(C) streamlining the application process for
parents.''; and
(2) by redesignating subsection (d), and subsection (e) (as
added by subsection (c)(1)), as subsections (c) and (d),
respectively.
(e) Clarification of Use of Funds for Student Academic
Assistance.--Section 3007(c) (sec. 38-1853.07(c), D.C. Official Code),
as redesignated by subsection (d)(2), is amended by striking
``previously attended'' and all that follows through the period at the
end and inserting ``previously attended an elementary school or
secondary school identified as one of the lowest-performing schools
under the District of Columbia's accountability system.''.
SEC. 908. PROGRAM EVALUATION.
(a) Revision of Evaluation Procedures and Requirements.--
(1) In general.--Section 3009(a) (sec. 38-1853.09(a), D.C.
Official Code) is amended to read as follows:
``(a) In General.--
``(1) Duties of the secretary and the mayor.--The Secretary
and the Mayor of the District of Columbia shall--
``(A) jointly enter into an agreement with the
Institute of Education Sciences of the Department of
Education to evaluate annually the opportunity
scholarship program under this division;
``(B) jointly enter into an agreement to monitor
and evaluate the use of funds authorized and
appropriated for the District of Columbia public
schools and the District of Columbia public charter
schools under this division; and
``(C) make the evaluations described in
subparagraphs (A) and (B) public in accordance with
subsection (c).
``(2) Duties of the secretary.--The Secretary, through a
grant, contract, or cooperative agreement, shall--
``(A) ensure that the evaluation under paragraph
(1)(A)--
``(i) is conducted using an acceptable
quasi-experimental research design for
determining the effectiveness of the
opportunity scholarship program under this
division that does not use a control study
group consisting of students who applied for
but did not receive opportunity scholarships;
and
``(ii) addresses the issues described in
paragraph (4); and
``(B) disseminate information on the impact of the
program--
``(i) in increasing academic achievement
and educational attainment of participating
eligible students who use an opportunity
scholarship; and
``(ii) on students and schools in the
District of Columbia.
``(3) Duties of the institute of education sciences.--The
Institute of Education Sciences of the Department of Education
shall--
``(A) assess participating eligible students who
use an opportunity scholarship in each of grades 3
through 8, as well as one of the grades at the high
school level, by supervising the administration of the
same reading and mathematics assessment used by the
District of Columbia public schools to comply with
section 1111(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b));
``(B) measure the academic achievement of all
participating eligible students who use an opportunity
scholarship in the grades described in subparagraph
(A); and
``(C) work with eligible entities receiving a grant
under this division to ensure that the parents of each
student who is a participating eligible student that
uses an opportunity scholarship agrees to permit their
child to participate in the evaluations and assessments
carried out by the Institute of Education Sciences
under this subsection.
``(4) Issues to be evaluated.--The issues to be evaluated
under paragraph (1)(A) shall include the following:
``(A) A comparison of the academic achievement of
participating eligible students who use an opportunity
scholarship on the measurements described in paragraph
(3)(B) to the academic achievement of a comparison
group of students with similar backgrounds in the
District of Columbia public schools.
``(B) The success of the program under this
division in expanding choice options for parents of
participating eligible students and increasing the
satisfaction of such parents and students with their
choice.
``(C) The reasons parents of participating eligible
students choose for their children to participate in
the program, including important characteristics for
selecting schools.
``(D) A comparison of the retention rates, high
school graduation rates, college enrollment rates,
college persistence rates, and college graduation rates
of participating eligible students who use an
opportunity scholarship with the rates of students in
the comparison group described in subparagraph (A).
``(E) A comparison of the college enrollment rates,
college persistence rates, and college graduation rates
of students who participated in the program in 2004,
2005, 2011, 2012, 2013, 2014, and 2015 as the result of
winning the Opportunity Scholarship Program lottery
with such enrollment, persistence, and graduation rates
for students who entered but did not win such lottery
in those years and who, as a result, served as the
control group for previous evaluations of the program
under this division. Nothing in this subparagraph may
be construed to waive section 3004(a)(3)(A)(iii) with
respect to any such student.
``(F) A comparison of the safety of the schools
attended by participating eligible students who use an
opportunity scholarship and the schools in the District
of Columbia attended by students in the comparison
group described in subparagraph (A), based on the
perceptions of the students and parents.
``(G) An assessment of student academic achievement
at participating schools in which 85 percent of the
total number of students enrolled at the school are
participating eligible students who receive and use an
opportunity scholarship.
``(H) Such other issues with respect to
participating eligible students who use an opportunity
scholarship as the Secretary considers appropriate for
inclusion in the evaluation, such as the impact of the
program on public elementary schools and secondary
schools in the District of Columbia.
``(5) Prohibiting disclosure of personal information.--
``(A) In general.--Any disclosure of personally
identifiable information obtained under this division
shall be in compliance with section 444 of the General
Education Provisions Act (commonly known as the `Family
Educational Rights and Privacy Act of 1974') (20 U.S.C.
1232g).
``(B) Students not attending public schools.--With
respect to any student who is not attending a public
elementary school or secondary school, personally
identifiable information obtained under this division
shall only be disclosed to--
``(i) individuals carrying out the
evaluation described in paragraph (1)(A) for
such student;
``(ii) the group of individuals providing
information for carrying out the evaluation of
such student; and
``(iii) the parents of such student.''.
(2) Transition of evaluation.--
(A) Termination of previous evaluations.--The
Secretary of Education shall--
(i) terminate the evaluations conducted
under section 3009(a) of the Scholarships for
Opportunity and Results Act (sec. 38-
1853.09(a), D.C. Official Code), as in effect
on the day before the date of enactment of this
title, after obtaining data for the 2016-2017
school year; and
(ii) submit any reports required for the
2016-2017 school year or preceding years with
respect to the evaluations in accordance with
section 3009(b) of such Act.
(B) New evaluations.--
(i) In general.--Effective beginning with
respect to the 2017-2018 school year, the
Secretary shall conduct new evaluations in
accordance with the provisions of section
3009(a) of the Scholarships for Opportunity and
Results Act (sec. 38-1853.09(a), D.C. Official
Code), as amended by this title.
(ii) Most recent evaluation.--As a
component of the new evaluations described in
clause (i), the Secretary shall continue to
monitor and evaluate the students who were
evaluated in the most recent evaluation under
such section prior to the date of enactment of
this title, including by monitoring and
evaluating the test scores and other
information of such students.
(b) Duty of Mayor To Ensure Institute Has All Information Necessary
To Carry Out Evaluations.--Section 3011(a)(1) (sec. 38-1853.11(a)(1),
D.C. Official Code) is amended to read as follows:
``(1) Information necessary to carry out evaluations.--
Ensure that all District of Columbia public schools and
District of Columbia public charter schools make available to
the Institute of Education Sciences of the Department of
Education all of the information the Institute requires to
carry out the assessments and perform the evaluations required
under section 3009(a).''.
SEC. 909. FUNDING FOR DISTRICT OF COLUMBIA PUBLIC SCHOOLS AND PUBLIC
CHARTER SCHOOLS.
(a) Mandatory Withholding of Funds for Failure To Comply With
Conditions.--Section 3011(b) (sec. 38-1853.11(b), D.C. Official Code)
is amended to read as follows:
``(b) Enforcement.--If, after reasonable notice and an opportunity
for a hearing, the Secretary determines that the Mayor has failed to
comply with any of the requirements of subsection (a), the Secretary
may withhold from the Mayor, in whole or in part--
``(1) the funds otherwise authorized to be appropriated
under section 3014(a)(2), if the failure to comply relates to
the District of Columbia public schools;
``(2) the funds otherwise authorized to be appropriated
under section 3014(a)(3), if the failure to comply relates to
the District of Columbia public charter schools; or
``(3) the funds otherwise authorized to be appropriated
under both paragraphs (2) and (3) of section 3014(a), if the
failure relates to both the District of Columbia public schools
and the District of Columbia public charter schools.''.
(b) Rules for Use of Funds Provided for Support of Public Charter
Schools.--Section 3011 (sec. 38-1853.11, D.C. Official Code), as
amended by section 7(b) and section 8(a), is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Specific Rules Regarding Funds Provided for Support of Public
Charter Schools.--The following rules shall apply with respect to the
funds provided under this division for the support of District of
Columbia public charter schools:
``(1) The Secretary may direct the funds provided for any
fiscal year, or any portion thereof, to the Office of the State
Superintendent of Education of the District of Columbia.
``(2) The Office of the State Superintendent of Education
of the District of Columbia may transfer the funds to
subgrantees that are--
``(A) specific District of Columbia public charter
schools or networks of such schools; or
``(B) District of Columbia-based nonprofit
organizations with experience in successfully providing
support or assistance to District of Columbia public
charter schools or networks of such schools.
``(3) The funds provided under this division for the
support of District of Columbia public charter schools shall be
available to any District of Columbia public charter school in
good standing with the District of Columbia Charter School
Board, and the Office of the State Superintendent of Education
of the District of Columbia and the District of Columbia
Charter School Board may not restrict the availability of such
funds to certain types of schools on the basis of the school's
location, governing body, or the school's facilities.''.
SEC. 910. REVISION OF CURRENT MEMORANDUM OF UNDERSTANDING.
Not later than the beginning of the 2017-2018 school year, the
Secretary of Education and the Mayor of the District of Columbia shall
revise the memorandum of understanding which is in effect under section
3012(d) of the Scholarships for Opportunity and Results Act as of the
day before the date of the enactment of this title to address the
following:
(1) The amendments made by this title.
(2) The need to ensure that participating schools under the
Scholarships for Opportunity and Results Act meet fire code
standards and maintain certificates of occupancy.
(3) The need to ensure that District of Columbia public
schools and District of Columbia public charter schools meet
the requirements under such Act to comply with all reasonable
requests for information necessary to carry out the evaluations
required under section 3009(a) of such Act.
SEC. 911. DEFINITIONS.
Section 3013 (sec. 38-1853.13, D.C. Official Code) is amended--
(1) by redesignating paragraphs (1) through (10) as
paragraphs (2) through (11), respectively;
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following:
``(1) Core subject matter.--The term `core subject matter'
means--
``(A) mathematics;
``(B) science; and
``(C) English, reading, or language arts.''; and
(3) in paragraph (4)(B)(ii), as redesignated by paragraph
(1), by inserting ``household with a'' before ``student''.
SEC. 912. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 3014 (sec. 38-1853.14, D.C. Official Code)
is amended--
(1) in subsection (a), by striking ``and for each of the 4
succeeding fiscal years'' and inserting ``and for each fiscal
year through fiscal year 2021''; and
(2) by adding at the end the following:
``(c) Availability.--Amounts appropriated under subsection (a)(1),
including amounts appropriated and available under such subsection
before the date of enactment of the SOAR Reauthorization Act, shall
remain available until expended.''.
(b) Effective Date.--The amendment made by subsection (a)(2) shall
take effect on the date of enactment of this title.
SEC. 913. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this title
shall apply with respect to school year 2017-2018 and each succeeding
school year.
TITLE X
SEC SMALL BUSINESS ADVOCATE ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``SEC Small Business Advocate Act of
2016''.
SEC. 1002. ESTABLISHMENT OF OFFICE OF THE ADVOCATE FOR SMALL BUSINESS
CAPITAL FORMATION AND SMALL BUSINESS CAPITAL FORMATION
ADVISORY COMMITTEE.
(a) Office of the Advocate for Small Business Capital Formation.--
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended by adding at the end the following:
``(j) Office of the Advocate for Small Business Capital
Formation.--
``(1) Office established.--There is established within the
Commission the Office of the Advocate for Small Business
Capital Formation (hereafter in this subsection referred to as
the `Office').
``(2) Advocate for small business capital formation.--
``(A) In general.--The head of the Office shall be
the Advocate for Small Business Capital Formation, who
shall--
``(i) report directly to the Commission;
and
``(ii) be appointed by the Commission, from
among individuals having experience in
advocating for the interests of small
businesses and encouraging small business
capital formation.
``(B) Compensation.--The annual rate of pay for the
Advocate for Small Business Capital Formation shall be
equal to the highest rate of annual pay for other
senior executives who report directly to the
Commission.
``(C) No current employee of the commission.--An
individual may not be appointed as the Advocate for
Small Business Capital Formation if the individual is
currently employed by the Commission.
``(3) Staff of office.--The Advocate for Small Business
Capital Formation, after consultation with the Commission, may
retain or employ independent counsel, research staff, and
service staff, as the Advocate for Small Business Capital
Formation determines to be necessary to carry out the functions
of the Office.
``(4) Functions of the advocate for small business capital
formation.--The Advocate for Small Business Capital Formation
shall--
``(A) assist small businesses and small business
investors in resolving significant problems such
businesses and investors may have with the Commission
or with self-regulatory organizations;
``(B) identify areas in which small businesses and
small business investors would benefit from changes in
the regulations of the Commission or the rules of self-
regulatory organizations;
``(C) identify problems that small businesses have
with securing access to capital, including any unique
challenges to minority-owned and women-owned small
businesses;
``(D) analyze the potential impact on small
businesses and small business investors of--
``(i) proposed regulations of the
Commission that are likely to have a
significant economic impact on small businesses
and small business capital formation; and
``(ii) proposed rules that are likely to
have a significant economic impact on small
businesses and small business capital formation
of self-regulatory organizations registered
under this title;
``(E) conduct outreach to small businesses and
small business investors, including through regional
roundtables, in order to solicit views on relevant
capital formation issues;
``(F) to the extent practicable, propose to the
Commission changes in the regulations or orders of the
Commission and to Congress any legislative,
administrative, or personnel changes that may be
appropriate to mitigate problems identified under this
paragraph and to promote the interests of small
businesses and small business investors;
``(G) consult with the Investor Advocate on
proposed recommendations made under subparagraph (F);
and
``(H) advise the Investor Advocate on issues
related to small businesses and small business
investors.
``(5) Access to documents.--The Commission shall ensure
that the Advocate for Small Business Capital Formation has full
access to the documents and information of the Commission and
any self-regulatory organization, as necessary to carry out the
functions of the Office.
``(6) Annual report on activities.--
``(A) In general.--Not later than December 31 of
each year after 2015, the Advocate for Small Business
Capital Formation shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of
Representatives a report on the activities of the
Advocate for Small Business Capital Formation during
the immediately preceding fiscal year.
``(B) Contents.--Each report required under
subparagraph (A) shall include--
``(i) appropriate statistical information
and full and substantive analysis;
``(ii) information on steps that the
Advocate for Small Business Capital Formation
has taken during the reporting period to
improve small business services and the
responsiveness of the Commission and self-
regulatory organizations to small business and
small business investor concerns;
``(iii) a summary of the most serious
issues encountered by small businesses and
small business investors, including any unique
issues encountered by minority-owned and women-
owned small businesses and their investors,
during the reporting period;
``(iv) an inventory of the items summarized
under clause (iii) (including items summarized
under such clause for any prior reporting
period on which no action has been taken or
that have not been resolved to the satisfaction
of the Advocate for Small Business Capital
Formation as of the beginning of the reporting
period covered by the report) that includes--
``(I) identification of any action
taken by the Commission or the self-
regulatory organization and the result
of such action;
``(II) the length of time that each
item has remained on such inventory;
and
``(III) for items on which no
action has been taken, the reasons for
inaction, and an identification of any
official who is responsible for such
action;
``(v) recommendations for such changes to
the regulations, guidance and orders of the
Commission and such legislative actions as may
be appropriate to resolve problems with the
Commission and self-regulatory organizations
encountered by small businesses and small
business investors and to encourage small
business capital formation; and
``(vi) any other information, as determined
appropriate by the Advocate for Small Business
Capital Formation.
``(C) Confidentiality.--No report required by
subparagraph (A) may contain confidential information.
``(D) Independence.--Each report required under
subparagraph (A) shall be provided directly to the
committees of Congress listed in such subparagraph
without any prior review or comment from the
Commission, any commissioner, any other officer or
employee of the Commission, or the Office of Management
and Budget.
``(7) Regulations.--The Commission shall establish
procedures requiring a formal response to all recommendations
submitted to the Commission by the Advocate for Small Business
Capital Formation, not later than 3 months after the date of
such submission.
``(8) Government-business forum on small business capital
formation.--The Advocate for Small Business Capital Formation
shall be responsible for planning, organizing, and executing
the annual Government-Business Forum on Small Business Capital
Formation described in section 503 of the Small Business
Investment Incentive Act of 1980 (15 U.S.C. 80c-1).
``(9) Rule of construction.--Nothing in this subsection may
be construed as replacing or reducing the responsibilities of
the Investor Advocate with respect to small business
investors.''.
(b) Small Business Capital Formation Advisory Committee.--Title I
of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by adding at the end the following:
``SEC. 40. SMALL BUSINESS CAPITAL FORMATION ADVISORY COMMITTEE.
``(a) Establishment and Purpose.--
``(1) Establishment.--There is established within the
Commission the Small Business Capital Formation Advisory
Committee (hereafter in this section referred to as the
`Committee').
``(2) Functions.--
``(A) In general.--The Committee shall provide the
Commission with advice on the Commission's rules,
regulations, and policies with regard to the
Commission's mission of protecting investors,
maintaining fair, orderly, and efficient markets, and
facilitating capital formation, as such rules,
regulations, and policies relate to--
``(i) capital raising by emerging,
privately held small businesses (`emerging
companies') and publicly traded companies with
less than $250,000,000 in public market
capitalization (`smaller public companies')
through securities offerings, including private
and limited offerings and initial and other
public offerings;
``(ii) trading in the securities of
emerging companies and smaller public
companies; and
``(iii) public reporting and corporate
governance requirements of emerging companies
and smaller public companies.
``(B) Limitation.--The Committee shall not provide
any advice with respect to any policies, practices,
actions, or decisions concerning the Commission's
enforcement program.
``(b) Membership.--
``(1) In general.--The members of the Committee shall be--
``(A) the Advocate for Small Business Capital
Formation;
``(B) not fewer than 10, and not more than 20,
members appointed by the Commission, from among
individuals--
``(i) who represent--
``(I) emerging companies engaging
in private and limited securities
offerings or considering initial public
offerings (`IPO') (including the
companies' officers and directors);
``(II) the professional advisors of
such companies (including attorneys,
accountants, investment bankers, and
financial advisors); and
``(III) the investors in such
companies (including angel investors,
venture capital funds, and family
offices);
``(ii) who are officers or directors of
minority-owned small businesses or women-owned
small businesses;
``(iii) who represent--
``(I) smaller public companies
(including the companies' officers and
directors);
``(II) the professional advisors of
such companies (including attorneys,
auditors, underwriters, and financial
advisors); and
``(III) the pre-IPO and post-IPO
investors in such companies (both
institutional, such as venture capital
funds, and individual, such as angel
investors); and
``(iv) who represent participants in the
marketplace for the securities of emerging
companies and smaller public companies, such as
securities exchanges, alternative trading
systems, analysts, information processors, and
transfer agents; and
``(C) three non-voting members--
``(i) one of whom shall be appointed by the
Investor Advocate;
``(ii) one of whom shall be appointed by
the North American Securities Administrators
Association; and
``(iii) one of whom shall be appointed by
the Administrator of the Small Business
Administration.
``(2) Term.--Each member of the Committee appointed under
subparagraph (B), (C)(ii), or (C)(iii) of paragraph (1) shall
serve for a term of 4 years.
``(3) Members not commission employees.--Members appointed
under subparagraph (B), (C)(ii), or (C)(iii) of paragraph (1)
shall not be treated as employees or agents of the Commission
solely because of membership on the Committee.
``(c) Chairman; Vice Chairman; Secretary; Assistant Secretary.--
``(1) In general.--The members of the Committee shall
elect, from among the members of the Committee--
``(A) a chairman;
``(B) a vice chairman;
``(C) a secretary; and
``(D) an assistant secretary.
``(2) Term.--Each member elected under paragraph (1) shall
serve for a term of 3 years in the capacity for which the
member was elected under paragraph (1).
``(d) Meetings.--
``(1) Frequency of meetings.--The Committee shall meet--
``(A) not less frequently than four times annually,
at the call of the chairman of the Committee; and
``(B) from time to time, at the call of the
Commission.
``(2) Notice.--The chairman of the Committee shall give the
members of the Committee written notice of each meeting, not
later than 2 weeks before the date of the meeting.
``(e) Compensation and Travel Expenses.--Each member of the
Committee who is not a full-time employee of the United States shall--
``(1) be entitled to receive compensation at a rate not to
exceed the daily equivalent of the annual rate of basic pay in
effect for a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code, for each day
during which the member is engaged in the actual performance of
the duties of the Committee; and
``(2) while away from the home or regular place of business
of the member in the performance of services for the Committee,
be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses
under section 5703 of title 5, United States Code.
``(f) Staff.--The Commission shall make available to the Committee
such staff as the chairman of the Committee determines are necessary to
carry out this section.
``(g) Review by Commission.--The Commission shall--
``(1) review the findings and recommendations of the
Committee; and
``(2) each time the Committee submits a finding or
recommendation to the Commission, promptly issue a public
statement--
``(A) assessing the finding or recommendation of
the Committee; and
``(B) disclosing the action, if any, the Commission
intends to take with respect to the finding or
recommendation.
``(h) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply with respect to the
Committee and its activities.''.
(c) Annual Government-Business Forum on Small Business Capital
Formation.--Section 503(a) of the Small Business Investment Incentive
Act of 1980 (15 U.S.C. 80c-1(a)) is amended by inserting ``(acting
through the Office of the Advocate for Small Business Capital Formation
and in consultation with the Small Business Capital Formation Advisory
Committee)'' after ``Securities and Exchange Commission''.
TITLE XI
FINANCIAL INSTITUTION BANKRUPTCY ACT
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Financial Institution Bankruptcy
Act of 2016''.
SEC. 1102. GENERAL PROVISIONS RELATING TO COVERED FINANCIAL
CORPORATIONS.
(a) Definition.--Section 101 of title 11, United States Code, is
amended by inserting the following after paragraph (9):
``(9A) The term `covered financial corporation' means any
corporation incorporated or organized under any Federal or
State law, other than a stockbroker, a commodity broker, or an
entity of the kind specified in paragraph (2) or (3) of section
109(b), that is--
``(A) a bank holding company, as defined in section
2(a) of the Bank Holding Company Act of 1956; or
``(B) a corporation that exists for the primary
purpose of owning, controlling and financing its
subsidiaries, that has total consolidated assets of
$50,000,000,000 or greater, and for which, in its most
recently completed fiscal year--
``(i) annual gross revenues derived by the
corporation and all of its subsidiaries from
activities that are financial in nature (as
defined in section 4(k) of the Bank Holding
Company Act of 1956) and, if applicable, from
the ownership or control of one or more insured
depository institutions, represents 85 percent
or more of the consolidated annual gross
revenues of the corporation; or
``(ii) the consolidated assets of the
corporation and all of its subsidiaries related
to activities that are financial in nature (as
defined in section 4(k) of the Bank Holding
Company Act of 1956) and, if applicable,
related to the ownership or control of one or
more insured depository institutions,
represents 85 percent or more of the
consolidated assets of the corporation.''.
(b) Applicability of Chapters.--Section 103 of title 11, United
States Code, is amended by adding at the end the following:
``(l) Subchapter V of chapter 11 of this title applies only in a
case under chapter 11 concerning a covered financial corporation.''.
(c) Who May Be a Debtor.--Section 109 of title 11, United States
Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``or'' at the
end;
(B) in paragraph (3)(B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) a covered financial corporation.''; and
(2) in subsection (d)--
(A) by striking ``and'' before ``an uninsured State
member bank'';
(B) by striking ``or'' before ``a corporation'';
and
(C) by inserting ``, or a covered financial
corporation'' after ``Federal Deposit Insurance
Corporation Improvement Act of 1991''.
(d) Conversion to Chapter 7.--Section 1112 of title 11, United
States Code, is amended by adding at the end the following:
``(g) Notwithstanding section 109(b), the court may convert a case
under subchapter V to a case under chapter 7 if--
``(1) a transfer approved under section 1185 has been
consummated;
``(2) the court has ordered the appointment of a special
trustee under section 1186; and
``(3) the court finds, after notice and a hearing, that
conversion is in the best interest of the creditors and the
estate.''.
(e)(1) Section 726(a)(1) of title 11, United States Code, is
amended by inserting after ``first,'' the following: ``in payment of
any unpaid fees, costs, and expenses of a special trustee appointed
under section 1186, and then''.
(2) Section 1129(a) of title 11, United States Code, is amended by
inserting after paragraph (16) the following:
``(17) In a case under subchapter V, all payable fees,
costs, and expenses of the special trustee have been paid or
the plan provides for the payment of all such fees, costs, and
expenses on the effective date of the plan.
``(18) In a case under subchapter V, confirmation of the
plan is not likely to cause serious adverse effects on
financial stability in the United States.''.
(f) Section 322(b)(2) of title 11, United States Code, is amended
by striking ``The'' and inserting ``In cases under subchapter V, the
United States trustee shall recommend to the court, and in all other
cases, the''.
SEC. 1103. LIQUIDATION, REORGANIZATION, OR RECAPITALIZATION OF A
COVERED FINANCIAL CORPORATION.
(a) In General.--Chapter 11 of title 11, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER V--LIQUIDATION, REORGANIZATION, OR RECAPITALIZATION OF A
COVERED FINANCIAL CORPORATION
``Sec. 1181. Inapplicability of other sections
``Sections 303 and 321(c) do not apply in a case under this
subchapter concerning a covered financial corporation. Section 365 does
not apply to a transfer under section 1185, 1187, or 1188.
``Sec. 1182. Definitions for this subchapter
``In this subchapter, the following definitions shall apply:
``(1) The term `Board' means the Board of Governors of the
Federal Reserve System.
``(2) The term `bridge company' means a newly formed
corporation to which property of the estate may be transferred
under section 1185(a) and the equity securities of which may be
transferred to a special trustee under section 1186(a).
``(3) The term `capital structure debt' means all unsecured
debt of the debtor for borrowed money for which the debtor is
the primary obligor, other than a qualified financial contract
and other than debt secured by a lien on property of the estate
that is to be transferred to a bridge company pursuant to an
order of the court under section 1185(a).
``(4) The term `contractual right' means a contractual
right of a kind defined in section 555, 556, 559, 560, or 561.
``(5) The term `qualified financial contract' means any
contract of a kind defined in paragraph (25), (38A), (47), or
(53B) of section 101, section 741(7), or paragraph (4), (5),
(11), or (13) of section 761.
``(6) The term `special trustee' means the trustee of a
trust formed under section 1186(a)(1).
``Sec. 1183. Commencement of a case concerning a covered financial
corporation
``(a) A case under this subchapter concerning a covered financial
corporation may be commenced by the filing of a petition with the court
by the debtor under section 301 only if the debtor states to the best
of its knowledge under penalty of perjury in the petition that it is a
covered financial corporation.
``(b) The commencement of a case under subsection (a) constitutes
an order for relief under this subchapter.
``(c) The members of the board of directors (or body performing
similar functions) of a covered financial company shall have no
liability to shareholders, creditors, or other parties in interest for
a good faith filing of a petition to commence a case under this
subchapter, or for any reasonable action taken in good faith in
contemplation of or in connection with such a petition or a transfer
under section 1185 or section 1186, whether prior to or after
commencement of the case.
``(d) Counsel to the debtor shall provide, to the greatest extent
practicable without disclosing the identity of the potential debtor,
sufficient confidential notice to the chief judge of the court of
appeals for the circuit embracing the district in which such counsel
intends to file a petition to commence a case under this subchapter
regarding the potential commencement of such case. The chief judge of
such court shall randomly assign to preside over such case a bankruptcy
judge selected from among the bankruptcy judges designated by the Chief
Justice of the United States under section 298 of title 28.
``Sec. 1184. Regulators
``The Board, the Securities Exchange Commission, the Office of the
Comptroller of the Currency of the Department of the Treasury, the
Commodity Futures Trading Commission, and the Federal Deposit Insurance
Corporation may raise and may appear and be heard on any issue in any
case or proceeding under this subchapter.
``Sec. 1185. Special transfer of property of the estate
``(a) On request of the trustee, and after notice and a hearing
that shall occur not less than 24 hours after the order for relief, the
court may order a transfer under this section of property of the
estate, and the assignment of executory contracts, unexpired leases,
and qualified financial contracts of the debtor, to a bridge company.
Upon the entry of an order approving such transfer, any property
transferred, and any executory contracts, unexpired leases, and
qualified financial contracts assigned under such order shall no longer
be property of the estate. Except as provided under this section, the
provisions of section 363 shall apply to a transfer and assignment
under this section.
``(b) Unless the court orders otherwise, notice of a request for an
order under subsection (a) shall consist of electronic or telephonic
notice of not less than 24 hours to--
``(1) the debtor;
``(2) the holders of the 20 largest secured claims against
the debtor;
``(3) the holders of the 20 largest unsecured claims
against the debtor;
``(4) counterparties to any debt, executory contract,
unexpired lease, and qualified financial contract requested to
be transferred under this section;
``(5) the Board;
``(6) the Federal Deposit Insurance Corporation;
``(7) the Secretary of the Treasury and the Office of the
Comptroller of the Currency of the Treasury;
``(8) the Commodity Futures Trading Commission;
``(9) the Securities and Exchange Commission;
``(10) the United States trustee or bankruptcy
administrator; and
``(11) each primary financial regulatory agency, as defined
in section 2(12) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, with respect to any affiliate the
equity securities of which are proposed to be transferred under
this section.
``(c) The court may not order a transfer under this section unless
the court determines, based upon a preponderance of the evidence,
that--
``(1) the transfer under this section is necessary to
prevent serious adverse effects on financial stability in the
United States;
``(2) the transfer does not provide for the assumption of
any capital structure debt by the bridge company;
``(3) the transfer does not provide for the transfer to the
bridge company of any property of the estate that is subject to
a lien securing a debt, executory contract, unexpired lease or
agreement (including a qualified financial contract) of the
debtor unless--
``(A)(i) the bridge company assumes such debt,
executory contract, unexpired lease or agreement
(including a qualified financial contract), including
any claims arising in respect thereof that would not be
allowed secured claims under section 506(a)(1) and
after giving effect to such transfer, such property
remains subject to the lien securing such debt,
executory contract, unexpired lease or agreement
(including a qualified financial contract); and
``(ii) the court has determined that assumption of
such debt, executory contract, unexpired lease or
agreement (including a qualified financial contract) by
the bridge company is in the best interests of the
estate; or
``(B) such property is being transferred to the
bridge company in accordance with the provisions of
section 363;
``(4) the transfer does not provide for the assumption by
the bridge company of any debt, executory contract, unexpired
lease or agreement (including a qualified financial contract)
of the debtor secured by a lien on property of the estate
unless the transfer provides for such property to be
transferred to the bridge company in accordance with paragraph
(3)(A) of this subsection;
``(5) the transfer does not provide for the transfer of the
equity of the debtor;
``(6) the trustee has demonstrated that the bridge company
is not likely to fail to meet the obligations of any debt,
executory contract, qualified financial contract, or unexpired
lease assumed and assigned to the bridge company;
``(7) the transfer provides for the transfer to a special
trustee all of the equity securities in the bridge company and
appointment of a special trustee in accordance with section
1186;
``(8) after giving effect to the transfer, adequate
provision has been made for the fees, costs, and expenses of
the estate and special trustee; and
``(9) the bridge company will have governing documents, and
initial directors and senior officers, that are in the best
interest of creditors and the estate.
``(d) Immediately before a transfer under this section, the bridge
company that is the recipient of the transfer shall--
``(1) not have any property, executory contracts, unexpired
leases, qualified financial contracts, or debts, other than any
property acquired or executory contracts, unexpired leases, or
debts assumed when acting as a transferee of a transfer under
this section; and
``(2) have equity securities that are property of the
estate, which may be sold or distributed in accordance with
this title.
``Sec. 1186. Special trustee
``(a)(1) An order approving a transfer under section 1185 shall
require the trustee to transfer to a qualified and independent special
trustee, who is appointed by the court, all of the equity securities in
the bridge company that is the recipient of a transfer under section
1185 to hold in trust for the sole benefit of the estate, subject to
satisfaction of the special trustee's fees, costs, and expenses. The
trust of which the special trustee is the trustee shall be a newly
formed trust governed by a trust agreement approved by the court as in
the best interests of the estate, and shall exist for the sole purpose
of holding and administering, and shall be permitted to dispose of, the
equity securities of the bridge company in accordance with the trust
agreement.
``(2) In connection with the hearing to approve a transfer under
section 1185, the trustee shall confirm to the court that the Board has
been consulted regarding the identity of the proposed special trustee
and advise the court of the results of such consultation.
``(b) The trust agreement governing the trust shall provide--
``(1) for the payment of the fees, costs, expenses, and
indemnities of the special trustee from the assets of the
debtor's estate;
``(2) that the special trustee provide--
``(A) quarterly reporting to the estate, which
shall be filed with the court; and
``(B) information about the bridge company
reasonably requested by a party in interest to prepare
a disclosure statement for a plan providing for
distribution of any securities of the bridge company if
such information is necessary to prepare such
disclosure statement;
``(3) that for as long as the equity securities of the
bridge company are held by the trust, the special trustee shall
file a notice with the court in connection with--
``(A) any change in a director or senior officer of
the bridge company;
``(B) any modification to the governing documents
of the bridge company; and
``(C) any material corporate action of the bridge
company, including--
``(i) recapitalization;
``(ii) a material borrowing;
``(iii) termination of an intercompany debt
or guarantee;
``(iv) a transfer of a substantial portion
of the assets of the bridge company; or
``(v) the issuance or sale of any
securities of the bridge company;
``(4) that any sale of any equity securities of the bridge
company shall not be consummated until the special trustee
consults with the Federal Deposit Insurance Corporation and the
Board regarding such sale and discloses the results of such
consultation with the court;
``(5) that, subject to reserves for payments permitted
under paragraph (1) provided for in the trust agreement, the
proceeds of the sale of any equity securities of the bridge
company by the special trustee be held in trust for the benefit
of or transferred to the estate;
``(6) the process and guidelines for the replacement of the
special trustee; and
``(7) that the property held in trust by the special
trustee is subject to distribution in accordance with
subsection (c).
``(c)(1) The special trustee shall distribute the assets held in
trust--
``(A) if the court confirms a plan in the case, in
accordance with the plan on the effective date of the plan; or
``(B) if the case is converted to a case under chapter 7,
as ordered by the court.
``(2) As soon as practicable after a final distribution under
paragraph (1), the office of the special trustee shall terminate,
except as may be necessary to wind up and conclude the business and
financial affairs of the trust.
``(d) After a transfer to the special trustee under this section,
the special trustee shall be subject only to applicable nonbankruptcy
law, and the actions and conduct of the special trustee shall no longer
be subject to approval by the court in the case under this subchapter.
``Sec. 1187. Temporary and supplemental automatic stay; assumed debt
``(a)(1) A petition filed under section 1183 operates as a stay,
applicable to all entities, of the termination, acceleration, or
modification of any debt, contract, lease, or agreement of the kind
described in paragraph (2), or of any right or obligation under any
such debt, contract, lease, or agreement, solely because of--
``(A) a default by the debtor under any such debt,
contract, lease, or agreement; or
``(B) a provision in such debt, contract, lease, or
agreement, or in applicable nonbankruptcy law, that is
conditioned on--
``(i) the insolvency or financial condition of the
debtor at any time before the closing of the case;
``(ii) the commencement of a case under this title
concerning the debtor;
``(iii) the appointment of or taking possession by
a trustee in a case under this title concerning the
debtor or by a custodian before the commencement of the
case; or
``(iv) a credit rating agency rating, or absence or
withdrawal of a credit rating agency rating--
``(I) of the debtor at any time after the
commencement of the case;
``(II) of an affiliate during the period
from the commencement of the case until 48
hours after such order is entered;
``(III) of the bridge company while the
trustee or the special trustee is a direct or
indirect beneficial holder of more than 50
percent of the equity securities of--
``(aa) the bridge company; or
``(bb) the affiliate, if all of the
direct or indirect interests in the
affiliate that are property of the
estate are transferred under section
1185; or
``(IV) of an affiliate while the trustee or
the special trustee is a direct or indirect
beneficial holder of more than 50 percent of
the equity securities of--
``(aa) the bridge company; or
``(bb) the affiliate, if all of the
direct or indirect interests in the
affiliate that are property of the
estate are transferred under section
1185.
``(2) A debt, contract, lease, or agreement described in this
paragraph is--
``(A) any debt (other than capital structure debt),
executory contract, or unexpired lease of the debtor (other
than a qualified financial contract);
``(B) any agreement under which the debtor issued or is
obligated for debt (other than capital structure debt);
``(C) any debt, executory contract, or unexpired lease of
an affiliate (other than a qualified financial contract); or
``(D) any agreement under which an affiliate issued or is
obligated for debt.
``(3) The stay under this subsection terminates--
``(A) for the benefit of the debtor, upon the earliest of--
``(i) 48 hours after the commencement of the case;
``(ii) assumption of the debt, contract, lease, or
agreement by the bridge company under an order
authorizing a transfer under section 1185;
``(iii) a final order of the court denying the
request for a transfer under section 1185; or
``(iv) the time the case is dismissed; and
``(B) for the benefit of an affiliate, upon the earliest
of--
``(i) the entry of an order authorizing a transfer
under section 1185 in which the direct or indirect
interests in the affiliate that are property of the
estate are not transferred under section 1185;
``(ii) a final order by the court denying the
request for a transfer under section 1185;
``(iii) 48 hours after the commencement of the case
if the court has not ordered a transfer under section
1185; or
``(iv) the time the case is dismissed.
``(4) Subsections (d), (e), (f), and (g) of section 362 apply to a
stay under this subsection.
``(b) A debt, executory contract (other than a qualified financial
contract), or unexpired lease of the debtor, or an agreement under
which the debtor has issued or is obligated for any debt, may be
assumed by a bridge company in a transfer under section 1185
notwithstanding any provision in an agreement or in applicable
nonbankruptcy law that--
``(1) prohibits, restricts, or conditions the assignment of
the debt, contract, lease, or agreement; or
``(2) accelerates, terminates, or modifies, or permits a
party other than the debtor to terminate or modify, the debt,
contract, lease, or agreement on account of--
``(A) the assignment of the debt, contract, lease,
or agreement; or
``(B) a change in control of any party to the debt,
contract, lease, or agreement.
``(c)(1) A debt, contract, lease, or agreement of the kind
described in subparagraph (A) or (B) of subsection (a)(2) may not be
accelerated, terminated, or modified, and any right or obligation under
such debt, contract, lease, or agreement may not be accelerated,
terminated, or modified, as to the bridge company solely because of a
provision in the debt, contract, lease, or agreement or in applicable
nonbankruptcy law--
``(A) of the kind described in subsection (a)(1)(B) as
applied to the debtor;
``(B) that prohibits, restricts, or conditions the
assignment of the debt, contract, lease, or agreement; or
``(C) that accelerates, terminates, or modifies, or permits
a party other than the debtor to terminate or modify, the debt,
contract, lease or agreement on account of--
``(i) the assignment of the debt, contract, lease,
or agreement; or
``(ii) a change in control of any party to the
debt, contract, lease, or agreement.
``(2) If there is a default by the debtor under a provision other
than the kind described in paragraph (1) in a debt, contract, lease or
agreement of the kind described in subparagraph (A) or (B) of
subsection (a)(2), the bridge company may assume such debt, contract,
lease, or agreement only if the bridge company--
``(A) shall cure the default;
``(B) compensates, or provides adequate assurance in
connection with a transfer under section 1185 that the bridge
company will promptly compensate, a party other than the debtor
to the debt, contract, lease, or agreement, for any actual
pecuniary loss to the party resulting from the default; and
``(C) provides adequate assurance in connection with a
transfer under section 1185 of future performance under the
debt, contract, lease, or agreement, as determined by the court
under section 1185(c)(4).
``Sec. 1188. Treatment of qualified financial contracts and affiliate
contracts
``(a) Notwithstanding sections 362(b)(6), 362(b)(7), 362(b)(17),
362(b)(27), 362(o), 555, 556, 559, 560, and 561, a petition filed under
section 1183 operates as a stay, during the period specified in section
1187(a)(3)(A), applicable to all entities, of the exercise of a
contractual right--
``(1) to cause the modification, liquidation, termination,
or acceleration of a qualified financial contract of the debtor
or an affiliate;
``(2) to offset or net out any termination value, payment
amount, or other transfer obligation arising under or in
connection with a qualified financial contract of the debtor or
an affiliate; or
``(3) under any security agreement or arrangement or other
credit enhancement forming a part of or related to a qualified
financial contract of the debtor or an affiliate.
``(b)(1) During the period specified in section 1187(a)(3)(A), the
trustee or the affiliate shall perform all payment and delivery
obligations under such qualified financial contract of the debtor or
the affiliate, as the case may be, that become due after the
commencement of the case. The stay provided under subsection (a)
terminates as to a qualified financial contract of the debtor or an
affiliate immediately upon the failure of the trustee or the affiliate,
as the case may be, to perform any such obligation during such period.
``(2) Any failure by a counterparty to any qualified financial
contract of the debtor or any affiliate to perform any payment or
delivery obligation under such qualified financial contract, including
during the pendency of the stay provided under subsection (a), shall
constitute a breach of such qualified financial contract by the
counterparty.
``(c) Subject to the court's approval, a qualified financial
contract between an entity and the debtor may be assigned to or assumed
by the bridge company in a transfer under, and in accordance with,
section 1185 if and only if--
``(1) all qualified financial contracts between the entity
and the debtor are assigned to and assumed by the bridge
company in the transfer under section 1185;
``(2) all claims of the entity against the debtor in
respect of any qualified financial contract between the entity
and the debtor (other than any claim that, under the terms of
the qualified financial contract, is subordinated to the claims
of general unsecured creditors) are assigned to and assumed by
the bridge company;
``(3) all claims of the debtor against the entity under any
qualified financial contract between the entity and the debtor
are assigned to and assumed by the bridge company; and
``(4) all property securing or any other credit enhancement
furnished by the debtor for any qualified financial contract
described in paragraph (1) or any claim described in paragraph
(2) or (3) under any qualified financial contract between the
entity and the debtor is assigned to and assumed by the bridge
company.
``(d) Notwithstanding any provision of a qualified financial
contract or of applicable nonbankruptcy law, a qualified financial
contract of the debtor that is assumed or assigned in a transfer under
section 1185 may not be accelerated, terminated, or modified, after the
entry of the order approving a transfer under section 1185, and any
right or obligation under the qualified financial contract may not be
accelerated, terminated, or modified, after the entry of the order
approving a transfer under section 1185 solely because of a condition
described in section 1187(c)(1), other than a condition of the kind
specified in section 1187(b) that occurs after property of the estate
no longer includes a direct beneficial interest or an indirect
beneficial interest through the special trustee, in more than 50
percent of the equity securities of the bridge company.
``(e) Notwithstanding any provision of any agreement or in
applicable nonbankruptcy law, an agreement of an affiliate (including
an executory contract, an unexpired lease, qualified financial
contract, or an agreement under which the affiliate issued or is
obligated for debt) and any right or obligation under such agreement
may not be accelerated, terminated, or modified, solely because of a
condition described in section 1187(c)(1), other than a condition of
the kind specified in section 1187(b) that occurs after the bridge
company is no longer a direct or indirect beneficial holder of more
than 50 percent of the equity securities of the affiliate, at any time
after the commencement of the case if--
``(1) all direct or indirect interests in the affiliate
that are property of the estate are transferred under section
1185 to the bridge company within the period specified in
subsection (a);
``(2) the bridge company assumes--
``(A) any guarantee or other credit enhancement
issued by the debtor relating to the agreement of the
affiliate; and
``(B) any obligations in respect of rights of
setoff, netting arrangement, or debt of the debtor that
directly arises out of or directly relates to the
guarantee or credit enhancement; and
``(3) any property of the estate that directly serves as
collateral for the guarantee or credit enhancement is
transferred to the bridge company.
``Sec. 1189. Licenses, permits, and registrations
``(a) Notwithstanding any otherwise applicable nonbankruptcy law,
if a request is made under section 1185 for a transfer of property of
the estate, any Federal, State, or local license, permit, or
registration that the debtor or an affiliate had immediately before the
commencement of the case and that is proposed to be transferred under
section 1185 may not be accelerated, terminated, or modified at any
time after the request solely on account of--
``(1) the insolvency or financial condition of the debtor
at any time before the closing of the case;
``(2) the commencement of a case under this title
concerning the debtor;
``(3) the appointment of or taking possession by a trustee
in a case under this title concerning the debtor or by a
custodian before the commencement of the case; or
``(4) a transfer under section 1185.
``(b) Notwithstanding any otherwise applicable nonbankruptcy law,
any Federal, State, or local license, permit, or registration that the
debtor had immediately before the commencement of the case that is
included in a transfer under section 1185 shall be valid and all rights
and obligations thereunder shall vest in the bridge company.
``Sec. 1190. Exemption from securities laws
``For purposes of section 1145, a security of the bridge company
shall be deemed to be a security of a successor to the debtor under a
plan if the court approves the disclosure statement for the plan as
providing adequate information (as defined in section 1125(a)) about
the bridge company and the security.
``Sec. 1191. Inapplicability of certain avoiding powers
``A transfer made or an obligation incurred by the debtor to an
affiliate prior to or after the commencement of the case, including any
obligation released by the debtor or the estate to or for the benefit
of an affiliate, in contemplation of or in connection with a transfer
under section 1185 is not avoidable under section 544, 547,
548(a)(1)(B), or 549, or under any similar nonbankruptcy law.
``Sec. 1192. Consideration of financial stability
``The court may consider the effect that any decision in connection
with this subchapter may have on financial stability in the United
States.''.
(b) Clerical Amendment.--The table of sections for chapter 11 of
title 11, United States Code, is amended by adding at the end the
following:
``subchapter v--liquidation, reorganization, or recapitalization of a
covered financial corporation
``1181. Inapplicability of other sections.
``1182. Definitions for this subchapter.
``1183. Commencement of a case concerning a covered financial
corporation.
``1184. Regulators.
``1185. Special transfer of property of the estate.
``1186. Special trustee.
``1187. Temporary and supplemental automatic stay; assumed debt.
``1188. Treatment of qualified financial contracts and affiliate
contracts.
``1189. Licenses, permits, and registrations.
``1190. Exemption from securities laws.
``1191. Inapplicability of certain avoiding powers.
``1192. Consideration of financial stability.''.
SEC. 1104. AMENDMENTS TO TITLE 28, UNITED STATES CODE.
(a) Amendment to Chapter 13.--Chapter 13 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 298. Judge for a case under subchapter V of chapter 11 of title
11
``(a)(1) Notwithstanding section 295, the Chief Justice of the
United States shall designate not fewer than 10 bankruptcy judges to be
available to hear a case under subchapter V of chapter 11 of title 11.
Bankruptcy judges may request to be considered by the Chief Justice of
the United States for such designation.
``(2) Notwithstanding section 155, a case under subchapter V of
chapter 11 of title 11 shall be heard under section 157 by a bankruptcy
judge designated under paragraph (1), who shall be randomly assigned to
hear such case by the chief judge of the court of appeals for the
circuit embracing the district in which the case is pending. To the
greatest extent practicable, the approvals required under section 155
should be obtained.
``(3) If the bankruptcy judge assigned to hear a case under
paragraph (2) is not assigned to the district in which the case is
pending, the bankruptcy judge shall be temporarily assigned to the
district.
``(b) A case under subchapter V of chapter 11 of title 11, and all
proceedings in the case, shall take place in the district in which the
case is pending.
``(c) In this section, the term `covered financial corporation' has
the meaning given that term in section 101(9A) of title 11.''.
(b) Amendment to Section 1334 of Title 28.--Section 1334 of title
28, United States Code, is amended by adding at the end the following:
``(f) This section does not grant jurisdiction to the district
court after a transfer pursuant to an order under section 1185 of title
11 of any proceeding related to a special trustee appointed, or to a
bridge company formed, in connection with a case under subchapter V of
chapter 11 of title 11.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 13 of title 28, United States Code, is amended by adding at the
end the following:
``298. Judge for a case under subchapter V of chapter 11 of title
11.''.
TITLE XII
ADDITIONAL GENERAL PROVISIONS
Spending Reduction Account
Sec. 1201. The amount by which the applicable allocation of new
budget authority made by the Committee on Appropriations of the House
of Representatives under section 302(b) of the Congressional Budget Act
of 1974 exceeds the amount of proposed new budget authority is $0.
Sec. 1202. None of the funds made available by this Act may be
used to enforce the requirements in section 316(b)(4)(D) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30118(b)(4)(D)) that the
solicitation of contributions from member corporations' stockholders
and executive or administrative personnel, and the families of such
stockholders or personnel, by trade associations must be separately and
specifically approved by the member corporation involved prior to such
solicitation, and that such member corporation does not approve any
such solicitation by more than one such trade association in any
calendar year.
Sec. 1203. None of the funds made available by this Act may be
used to implement, administer, or enforce any of the rules proposed
pursuant to section 222 of the Communications Act of 1934 (47 U.S.C.
222) and other statutory provisions in the Notice of Proposed
Rulemaking that was adopted by the Federal Communications Commission on
March 31, 2016 (FCC 16-39).
Sec. 1204. None of the funds made available by this Act may be
used to implement, administer, or enforce a new regulatory action for
which the aggregate costs of State, local, and tribal government
compliance or private sector compliance, as estimated under section 202
of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532), will be
$100,000,000 or more.
Sec. 1205. None of the funds made available by this Act may be
used with respect to the case Rainey v. Merit Systems Protection Board
(United States Court of Appeals for the Federal Circuit; No. 2015-3234,
decided on June 7, 2016).
Sec. 1206. None of the funds appropriated by this Act may be used
to enforce section 540 of Public Law 110-329 (122 Stat. 3688) or
section 538 of Public Law 112-74 (125 Stat. 976; 6 U.S.C. 190 note).
Sec. 1207. None of the funds made available by this Act may be
used for the relocation of the Office of Disability Adjudication and
Review of the Social Security Administration located at 111 Livingston
Street in Brooklyn, New York.
Sec. 1208. None of the funds made available by this Act may be
used to lease or purchase new light duty vehicles, for any executive
fleet, or for an agency's fleet inventory, except in accordance with
Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011.
Sec. 1209. None of the funds made available by this Act may be
used to enter into a contract with any offeror or any of its principals
if the offeror certifies, as required by Federal Acquisition
Regulation, that the offeror or any of its principals--
(1) within a 3-year period preceding this offer, has been
convicted of or had a civil judgment rendered against it for--
(A) commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) contract
or subcontract;
(B) violation of Federal or State antitrust
statutes relating to the submission of offers; or
(C) commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records,
making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property;
(2) are presently indicted for, or otherwise criminally or
civilly charged by a governmental entity with, commission of
any of the offenses enumerated above in paragraph (1); or
(3) within a 3-year period preceding this offer, has been
notified of any delinquent Federal taxes in an amount that
exceeds $3,000 for which the liability remains unsatisfied.
Sec. 1210. None of the funds made available by this Act may be
used to pay a performance award under section 5384 of title 5, United
States Code, to any career appointee within the Senior Executive
Service.
Sec. 1211. None of the funds made available in this Act may be
used to propose or finalize a regulatory action until January 21, 2017.
Sec. 1212. None of the funds made available by the Act may be used
in contravention of, or to implement changes to, section 560.516 of
title 31, Code of Federal Regulations, as in effect on June 22, 2016.
Sec. 1213. None of the funds made available in this Act may be
used to carry out Operation Choke Point.
Sec. 1214. None of the funds appropriated by this Act may be used
to change Selective Service System registration requirements in
contravention of section 3 of the Military Selective Service Act (50
U.S.C. 3802).
Sec. 1215. None of the funds made available by this Act may be
used by the Securities and Exchange Commission to propose, issue,
implement, administer, or enforce any requirement that a solicitation
of a proxy, consent, or authorization to vote a security of an issuer
in an election of members of the board of directors of the issuer be
made using a single ballot or card that lists both individuals
nominated by (or on behalf of) the issuer and individuals nominated by
(or on behalf of) other proponents and permits the person granting the
proxy, consent, or authorization to select from among individuals in
both groups.
Sec. 1216. None of the funds made available by this Act may be
used to--
(1) designate any nonbank financial company as ``too big to
fail'';
(2) designate any nonbank financial company as a
``systemically important financial institution''; or
(3) make a determination that material financial distress
at a nonbank financial company, or the nature, scope, size,
scale, concentration, interconnectedness, or mix of the
activities of such company, could pose a threat to the
financial stability of the United States.
Sec. 1217. None of the funds made available by this Act may be
used in contravention of section 642(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).
Sec. 1218. None of the funds made available by this Act may be
used by the Bureau of Consumer Financial Protection to implement,
administer, or enforce any guidance with respect to indirect auto
lending.
Sec. 1219. None of the funds made available by this Act may be
used to implement, administer, or enforce a rule issued pursuant to
section 13(p) of the Securities Exchange Act of 1934.
Sec. 1220. None of the funds made available by this Act may be
used the Securities and Exchange Commission to finalize, implement,
administer, or enforce pay ratio disclosure rules, including the final
rule titled ``Pay Ratio Disclosure'', published Aug. 18, 2015 (80 Fed.
Reg. 50103).
Sec. 1221. None of the funds made available to the Department of
Treasury by this Act may be used to issue a license pursuant to any
Office of Foreign Assets Control (OFAC) memo regarding Section 5.1.1 of
Annex II to the Joint Comprehensive Plan of Action of July 14, 2015
(JCPOA), including the January 16, 2016, OFAC memo titled, ``Statement
of Licensing Policy For Activities Related to the Export Or Re-Export
to Iran of Commercial Passenger Aircraft and Related Parts and
Services'' and any other OFAC memo of the same substance.
Sec. 1222. None of the funds made available by this Act may be
used to authorize a transaction by a United States financial
institution (as defined under section 561.309 of title 31, Code of
Federal Regulations) that is ordinarily incident to the export or re-
export of a commercial passenger aircraft to the Islamic Republic of
Iran.
Sec. 1223. None of the funds made available by this Act may be
used to pay final judgments, awards, compromise settlements, or
interest and costs specified in the judgments to Iran using amounts
appropriated under section 1304 of title 31, United States Code, or
interest from amounts appropriated under such section.
Sec. 1224. None of the funds made available by this Act may be
used by the Secretary of the Treasury to modify regulations that
prohibit, or impose strict conditions on, the opening or maintaining in
the United States of a correspondent account or a payable-through
account by a foreign financial institution that the Secretary finds
knowingly engages in any activity described in subparagraphs (A), (B),
(C), (D), or (E) of section 104(c)(2) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-
195; 22 U.S.C. 8513(c)(2)).
Sec. 1225. None of the funds made available by this Act may be
used by the Bureau of Consumer Financial Protection to commence any
administrative adjudication or civil action under section 1053 of the
Consumer Financial Protection Act of 2010 more than 3 years after the
date of discovery of the violation to which the adjudication or action
relates.
Sec. 1226. None of the funds made available by this Act (including
title IV and title VIII) may be used to carry out the Reproductive
Health Non-Discrimination Amendment Act of 2014 (D.C. Law 20-261) or to
implement any rule or regulation promulgated to carry out such Act.
Sec. 1227. None of the funds made available by this Act may be
used to finalize, implement, administer, or enforce the proposed rule
entitled ``Voluntary Remedial Actions and Guidelines for Voluntary
Recall Notices'' published by the Consumer Product Safety Commission in
the Federal Register on November 21, 2013 (78 Fed. Reg. 69793).
Sec. 1228. None of the funds made available by this Act may be
used to implement, administer, enforce, or codify into regulation, the
guidance relating to ``Commission Guidance Regarding Disclosure Related
to Climate Change'', affecting parts 211, 231, and 249 of title 17,
Code of Federal Regulations (as described in Commission Release Nos.
33-9106; 34-61469; FR-82).
Sec. 1229. None of the funds appropriated or otherwise made
available in this Act may be used to revise any policy or directive
relating to hiring preferences for veterans.
Sec. 1230. None of the funds made available by this Act may be
used by the Bureau of Consumer Financial Protection for a contract for
consumer awareness and engagement tools and resources communication.
This Act may be cited as the ``Financial Services and General
Government Appropriations Act, 2017''.
Passed the House of Representatives July 7, 2016.
Attest:
Clerk.
114th CONGRESS
2d Session
H. R. 5485
_______________________________________________________________________
AN ACT
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2017, and for other purposes.