[Congressional Record Volume 162, Number 108 (Wednesday, July 6, 2016)]
[House]
[Pages H4346-H4392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2017
General Leave
Mr. CRENSHAW. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to
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revise and extend their remarks and include extraneous material on H.R.
5485, and that I may include tabular material on the same.
The SPEAKER pro tempore (Mr. Hultgren). Is there objection to the
request of the gentleman from Florida?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 794 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 5485.
The Chair appoints the gentlewoman from Wyoming (Mrs. Lummis) to
preside over the Committee of the Whole.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 5485) making appropriations for financial services and general
government for the fiscal year ending September 30, 2017, and for other
purposes, with Mrs. Lummis in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Florida (Mr. Crenshaw) and the gentleman from New
York (Mr. Serrano) each will control 30 minutes.
The Chair recognizes the gentleman from Florida.
Mr. CRENSHAW. Madam Chair, I yield myself such time as I may consume.
Madam Chair, I am pleased to present to the House the fiscal year
2017 Financial Services and General Government Appropriations bill.
As you know, this bill funds a diverse group of agencies and
activities, including financial regulators, tax collection, the White
House, the Federal courts, the District of Columbia, the General
Services Administration, and the Small Business Administration. This
bill is the product of eight hearings that we have had and the result
of nearly 2,000 requests by Members from both sides of the aisle.
The bill provides $21.7 billion for fiscal year 2017. That is $1.5
billion less than last year, or a 6\1/2\ percent reduction, and it is
$2.7 billion, or 11 percent below the request.
The subcommittee's allocation is a significant reduction compared to
2016. Nonetheless, the allocation is sufficient to fund vital Federal
programs as well as the one-time set-asides for the expenses of the
Presidential transition.
Among the priorities of this bill are law enforcement and the
administration of justice. Funding for the High Intensity Drug
Trafficking Areas and the Drug-Free Communities programs are at record-
high levels. The funding for the Treasury's Office of Terrorism and
Financial Intelligence, the agency that enforces our sanction programs,
received a substantial increase. In addition, there is a healthy amount
of funding for both the Federal and the D.C. judicial branches of
government and for the supervision of offenders and defendants that
live in our communities.
Another priority for the bill is supporting small businesses. As you
know, small businesses are the backbone of our economy. They create
jobs and grow the economy. This bill provides $157 million for the
SBA's business loan programs. That supports $28.5 billion of 7(a)
lending and $7.5 billion of so-called 504 lending.
The bill also provides record high amounts of funding for the SBA
grant programs for veterans and women. It funds the Alcohol and Tobacco
Tax and Trade Bureau, the Treasury's Community Development Financial
Institutions Fund program. For the first time this year, we include
funds to make sure that individuals with disabilities have access to
the capital, financial services.
In order to fund these programs at these high levels, we had to
reduce funding in other areas. We cut funding for nearly two dozen
agencies and programs that can operate with a little bit less, like the
Office of Management and Budget and the Federal Communications
Commission.
The brunt of these reductions is borne by the Internal Revenue
Service and the General Services Administration. After all, those are
the two agencies that receive most of the money under this
appropriations bill, and they both have resent histories of
inappropriate behavior.
While the bill reduces GSA funding for new construction by $1.1
billion, we provide a sizable amount for repairs and alterations for
the existing Federal inventory. In addition, we continue to push GSA to
develop an accurate inventory of Federal property and designate funding
for the GSA to use their existing space a little more efficiently.
It has been 3 years and three Commissioners since we first discovered
that the IRS had betrayed the trust of the American people by singling
out individuals and groups of individuals, subjecting them to
additional scrutiny based on their political philosophy, sometimes
bullying them and intimidating them. You would think that maybe they
would turn over a new leaf. But no, after these 3 years, they still
have made a series of embarrassing management decisions, basically, at
the expense of the consumer.
To remedy this, the bill includes numerous provisions to reform the
IRS. It reduces their funding by $236 million below the current level.
But within their overall funding, we set aside $290 million to make
sure that they improve customer service so that they put the taxpayer
first and that they also work on cybersecurity and fraud prevention.
To increase transparency and oversight of agencies, the bill makes
the Consumer Financial Protection Bureau and the Office of Financial
Research subject to the appropriations process. We change the CFPB's
leadership from a single director to a 5-member commission. We
also require the Federal Communications Commission to make public any
proposed rules they have 21 days before they actually vote on the
rules.
To prevent agency overreach, the bill gives businesses the
opportunity to change their business model, to change their operations
prior to being designated as too big to fail or the so-called
systemically important financial institution, or SIFI. We require
further study of CFPB rules on pre-dispute arbitration.
In payday lending, we require court challenges to be resolved before
the FCC implements its so-called net neutrality order. We prohibit the
FCC from regulating broadband rates and keep financing for manufactured
housing affordable.
In addition, the committee still has strong concerns that the FCC
seems to be prolonging their pattern of regulatory overreach with its
recent set-top box proposal. So we also include language that requires
the FCC to stop and study this controversial rule before they can
proceed any further.
The telecommunications industry is more competitive than ever, more
innovative than ever; yet the Commission has been more active than ever
in trying to exert regulatory control over market innovation. To return
the FCC's focus toward mission critical work and away from politically
charged rulemakings, this bill requires the FCC to do less with less.
To give low-income families the option of selecting a school that
best meets their educational needs, the bill includes the text of the
Scholarships for Opportunity and Results Act, the so-called SOARS Act,
which passed the House last month. We also include two other bills that
passed the House. One extends the bankruptcy code to large financial
institutions and the other one establishes a small business advocate
within the Securities and Exchange Commission.
I want to thank Chairman Rogers and Ranking Member Lowey for their
leadership and support in advancing this bill. I want to thank the
members of the committee for their hard work. I certainly want to thank
our hardworking staff for all the work that they have done.
I especially want to say a word about the ranking member, Mr.
Serrano. As many of you know, I have decided to retire at the end of
this term and leave this esteemed body. The last 4 years as chair of
this subcommittee has been very interesting. It has been made even more
pleasurable by my association with the ranking member, Mr. Serrano. He
has the unique perspective of having chaired this subcommittee as well
as serving as ranking member. I have a feeling he enjoyed being the
chairman more than he enjoys being the ranking member, but
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nevertheless, he has been a great partner to work with. I am not sure
that everything in this bill is to his liking, but I can tell you that
his input has made this a better bill.
Madam Chair, I reserve the balance of my time.
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Mr. SERRANO. Madam Chair, I yield myself such time as I may consume.
First of all, let me also say that it has been a pleasure working
with the gentleman from Florida. The big difference being chairman and
being ranking member--I will tell you a little secret--is that you get
to speak first. Other than that, we have the same headaches to deal
with.
I want to tell you what a pleasure it has been. In the best sense of
our democracy, whatever I say here today is about the bill, not about
you. If it was about our relationship, we would probably have a
different bill, anyway. But don't tell your leadership I said that.
{time} 1745
Before I begin to address the substance of this bill, let me just say
that this is not what we should be considering on the floor today. The
American people have spoken loud and clear. It is long past time for
this House to act to reduce gun violence.
How many more tragedies must we endure before we do something in this
Congress?
How many more Columbines?
How many more Newtowns?
How many more Virginia Techs?
How many more Orlandos?
Enough is enough. It is time for this House to reject the NRA and
enact strong gun laws, and as soon as possible.
Before the recess, Democrats stood in the well of the House and asked
these questions. The Republicans ignored us. Upon their return this
week, Republicans have tried to provide themselves with political
cover. Suffice it to say that what they are proposing is not really
enough.
Americans are asking us to take effective action and, instead, we are
here debating another underfunded and hyperpartisan appropriations
bill. This would be laughable if it were not so sad. The other side of
the aisle can no longer look the American people in the face and tell
them that effective action to reduce gun violence is not necessary.
That is the first of many reasons why I rise in strong opposition to
the bill before us today.
While I truly appreciate the efforts of Chairman Crenshaw and
Chairman Rogers to listen to the concerns of our side, which includes
our leader, Mrs. Lowey, and to accommodate us when they could, their
efforts have been overwhelmed by a deficient allocation and the large
number of partisan riders that are part of this bill today.
This bill is not the largest bill in the appropriations lineup, but
it touches upon many areas that are crucial to the American people.
From consumer protection, to financial markets regulation, to economic
opportunity, to taxpayer information, this bill touches the lives of
almost every person living in our Nation, and, sadly, this bill does a
great disservice to many of them.
There are some good portions of this bill that I will highlight
briefly. The Community Development Financial Institutions Fund receives
a substantial increase above last year, the Small Business
Administration is also well funded, and our Federal judiciary will have
the resources that it needs.
But in a bill with more than 30 agencies, both large and small, that
is a pretty short list. The reason it is so short is the inadequate
allocation that this subcommittee received. This bill is $1.5 billion
less than last year's bill, a 6 percent cut. The result is that many
agencies, large and small, have been severely cut.
The IRS is cut $236 million from last year's funding levels. From
2010 to 2015, the budget cuts have forced the IRS to cut its workforce
by 18,000 employees. These cuts hurt more than the IRS, since it means
our deficit will increase because more taxes won't get collected, more
tax cheats won't face punishment, and more honest taxpayers won't be
able to get their questions answered by the IRS.
The Securities and Exchange Commission is funded at $226 million
below the President's request and $50 million below last year. The SEC
is our cop on the beat for Wall Street, and chronically underfunding
our primary enforcement arm for the financial markets invites more
wrongdoing. It is also problematic that the majority has sought to
rescind the use of the SEC's Reserve Fund, which is dedicated to IT
upgrades.
However, funding levels are not the only problem with this bill. The
majority has chosen to include dozens of highly partisan riders in this
bill. The sheer number and variety of these riders injects partisanship
into the appropriations process in a way that I have not seen during my
26 years in Congress.
Each rider caters to a different special interest group that supports
the other party. From the Koch brothers, to anti-choice activists, to
big corporations, to the Tea Party, each category has a rider geared to
help them. Unfortunately, the rest of the American people are seemingly
out of luck.
Let me highlight a few of the lowlights. Rather than helping preserve
an open Internet, something that is crucially important to American
consumers and businesses, this bill prevents the FCC from enforcing
their net neutrality rule until the final disposition of three pending
lawsuits on this issue.
The IRS is prevented from reforming the 501(c)(4) process that caused
so much confusion and controversy. They are also prevented from
enforcing the individual mandate of the Affordable Care Act, a move
that the CBO says will result in a loss of revenue and which the rule
provided a special waiver just to include.
The SEC is prevented from requiring public corporations to disclose
their political contributions. There are multiple riders limiting
women's health decisions by and in the District of Columbia and in the
Federal healthcare exchanges set up by the Affordable Care Act.
There are also numerous riders to try to hamstring the President's
efforts to conduct foreign policy with regard to Cuba, and there are
riders attempting to roll back Dodd-Frank and the efforts of the
Consumer Financial Protection Bureau to protect Americans.
This list just scratches the surface. We are opposed to all of these
riders and many others that I don't have time to mention today.
These riders have no business in the appropriations process. They
highlight how the primary goal of this process has changed from funding
our government to scoring political points, and I think that this bill
is a sad demonstration of that problem.
The real loser in all of this is not Republicans or Democrats, but
the American people. This bill underfunds critical priorities for
working families. This bill is loaded down with riders geared toward
special interests, but which truly harm taxpayers, consumers,
investors, and businesses.
Before I conclude, let me just mention that much of what has been
added to the bill has little basis in reality. The majority knows that
there is a veto threat by our President on the bill as currently
constructed. Absent serious changes to the overall funding level and
the removal of these excessive riders, this is not a bill that will
ever be signed into law. I hope that one day the majority accepts that
reality and comes to the table to negotiate in good faith. But as it
currently stands, this simply is not a bill that I can support.
Madam Chair, I reserve the balance of my time.
Mr. CRENSHAW. Madam Chair, I yield such time as he may consume to the
gentleman from Kentucky (Mr. Rogers), the chairman of the full
Appropriations Committee.
Mr. ROGERS of Kentucky. Madam Chair, I thank the gentleman for
yielding.
This bill is a bill that we all can support. It provides $21.7
billion for financial services and Treasury programs, the Federal
judiciary, and small businesses. This total is $1.5 billion below
current levels and $2.7 billion below what was requested by the
President.
Within this allocation, the bill prioritizes funding where it will be
best used and makes policy reforms that improve efficiency and
accountability.
To start with, the bill takes steps to address issues at the IRS,
both cutting overall funding and including funding limitations to
prevent the IRS from continuing their recent history of bad behavior.
In total, the IRS is provided with $10.9 billion. That is $236 million
below current levels. This holds the agency's budget below fiscal 2008
levels, forcing the agency to streamline and focus on its core duties.
[[Page H4358]]
Taxpayer services, however, are maintained at $2.1 billion and an
additional $290 million is directed to improve customer service, fraud
prevention, and cybersecurity.
The bill also includes policy items to correct recent transgressions,
including prohibiting funding for a regulation related to the tax-
exempt status of 501(c)(4) organizations, which could limit the First
Amendment rights of citizens, and prohibiting funds for bonuses unless
conduct and tax compliance is considered.
The bill also includes provisions throughout designed to make the
government work better for the taxpayer. This includes increasing
oversight by bringing the CFPB and the Office of Financial Research
under the annual congressional appropriations process and changing the
leadership of CFPB from one director to a five-member panel.
The bill also peels back red tape across the government. This
includes prohibiting the FCC from implementing the net neutrality order
until court cases are resolved; requiring the FCC to refrain from
continued activity on the set-top box rule until a study is completed;
and prohibiting the FCC from requiring the disclosure of political
contributions on SEC filings.
The bill invests its funding in programs that will protect Main
Street Americans, helping them grow small businesses and making their
communities safer.
The bill increases funding for Federal courts, as well as for
important and effective anti-drug programs like the Drug-Free
Communities and High-Intensity Drug Trafficking Areas programs.
The bill also includes $883 billion for the Small Business
Administration, including full funding for veterans programs, and
increasing funding above the President's request for Women's Business
Centers. The bill also includes the SEC Small Business Advocate Act, to
help small businesses address the unique issues they face due to their
size.
Madam Chair, I want to thank the Financial Services Subcommittee and
the hardworking staff, the ranking member, Mr. Serrano, and
particularly the chairman, Mr. Crenshaw. This will be his last bill at
the helm of this subcommittee and one of his last appropriations bills
in Congress.
Over his tenure on the committee, he has been a faithful shepherd of
taxpayer dollars and a dedicated servant to his district and to the
Nation. His presence will be deeply missed by the Appropriations
Committee and the entire House, but this final bill of Chairman
Crenshaw is certainly a high note to go out on.
But we want to thank this Florida gentleman and great leader in this
body for the great tenure he has had here and the great record he has
built, especially this bill, which will be the last he will shepherd
through.
This bill improves the way the government runs, makes responsible use
of Federal funding, and invests in the right priorities. I urge my
colleagues to support this bill.
Mr. SERRANO. Madam Chair, I yield 5 minutes to the gentlewoman from
New York (Mrs. Lowey), our ranking member.
Mrs. LOWEY. Madam Chair, before I begin, I would like to thank
Chairman Crenshaw, Ranking Member Serrano, and Chairman Rogers for
their efforts. And I also want to send my sincerest best wishes to my
friend, Chairman Crenshaw.
Andy, your willingness to work across the aisle, respect for this
institution and the Appropriations Committee will be missed. I know we
wish you continued success in whatever work you choose to pursue, but
you will be missed here. Good luck to you.
Democrats remain eager to support appropriation bills that invest
appropriately and are free of poison pill riders. We have seen time and
again that bills making irresponsible cuts to critical priorities, or
loaded with divisive and ideological riders, cannot be enacted because
Democrats will not support them, and Republicans can enact them on
their own. Unfortunately, the bill before us is an example of this
dilemma.
{time} 1800
It is already loaded with poison pill riders and surely will have
more when we complete floor consideration.
At $21.735 billion, a cut of 6 percent from current levels and 11
percent below the President's request, it is no surprise which agencies
would be subject to impractical and inadequate funding levels.
This bill would slash the IRS' resources by $236 million, allowing
more tax cheats to go undetected and preventing law-abiding Americans
from receiving assistance.
Similarly, funding the SEC at $226 million below the request would
thwart its ability to protect investors. This is particularly egregious
because the SEC is fee funded, and meeting the Commission's needs would
not cost taxpayers a dime. I offered an amendment at the full committee
markup that would have provided the SEC with the President's funding
request. It was rejected, despite the fact that it would cost taxpayers
nothing.
Instead of investing in infrastructure, the bill would gut and cut
GSA construction and acquisition projects by $1.3 billion. It only
partially funds a new headquarters for the FBI and does not fund the
next phase of the Department of Homeland Security's headquarters,
further delaying the ability to consolidate our homeland security
apparatus into one location.
Yet inadequate funding is only part of the story, and the long list
of riders turns a bad bill into an example of the Republican majority's
unnecessary culture war. Attacks on women's health, interference in
implementation of the Affordable Care Act and net neutrality,
restrictive provisions on Cuba, and a demeaning effort to dictate local
governance to Washington, D.C., are particularly shameful.
Once again, these misguided provisions unnecessarily jeopardize the
success of the overall appropriations process.
Despite these numerous shortcomings, the bill adequately supports the
Small Business Administration and would help communities combat the
growing heroin epidemic by increasing the Drug-Free Communities program
and the High Intensity Drug Trafficking Areas program.
This bill provided the House with the opportunity to put investments
ahead of politics. Unfortunately, the House Republican majority has no
interest in these priorities.
I urge my colleagues to vote against the bill.
Mr. CRENSHAW. Madam Chairman, I yield 2 minutes to the gentleman from
Georgia (Mr. Carter).
Mr. CARTER of Georgia. Madam Chairman, I thank the gentleman for
yielding.
Madam Chairman, I rise in support of H.R. 5485, the Financial
Services and General Government Appropriations Act, 2017.
Not only does this bill provide necessary funding for many needed
programs, it also helps stop the administration from pushing burdensome
and harmful regulations on the American people.
For example, the CFPB recently announced its intent to severely limit
the availability of short-term loans, vehicle title loans, and similar
financial products. H.R. 5485 contains language that would prevent CFPB
from implementing this proposed regulation.
While my colleagues on the other side of the aisle say that CFPB's
new proposal is an important step for consumer protection, they are
wrong to think that CFPB's actions will have a positive impact on the
underserved. The CFPB's proposal would eliminate a vital source of
emergency funding for those who are unable to obtain loans from
traditional lending institutions.
While I will be the first to promote increased access to financial
services for the underserved, eliminating short-term lending products
is not the answer.
Madam Chairman, I urge all of my colleagues to support this bill.
Mr. SERRANO. Madam Chair, I yield 5 minutes to the gentlewoman from
California (Ms. Maxine Waters), the ranking member of the Financial
Services Committee.
Ms. MAXINE WATERS of California. Madam Chairman, here we go again. It
is appropriations season in the House of Representatives, so we know
what that means: once again, the American public can bear witness to
our Republican colleagues' underfunding our Wall Street cops on the
beat and attacking Wall Street reform with endless budget riders.
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Indeed, by my count, there were 34 separate Republican amendments
filed to the Rules Committee that would undermine, undercut, or
underfund our financial regulators. These amendments span the gamut of
special interest giveaways--from undoing critical consumer protections
to exposing investors to financial predation, to undermining financial
stability.
First, and perhaps most importantly, both the base bill and many of
the amendments we are considering today stab at the heart of the
Consumer Financial Protection Bureau, the sole regulator tasked with
protecting students, servicemembers, seniors, and other borrowers in
the consumer lending marketplace.
To name just a few of the provisions that would harm the CFPB, this
bill would: end the Bureau's independent funding; bog the CFPB down in
gridlock by replacing its efficient Director structure with a partisan,
bureaucratic commission; halt the Bureau's efforts to end forced
arbitration clauses in credit card contracts and give consumers their
day in court; rescind the CFPB's guidance that helps to prevent racial
and ethnic discrimination in automobile lending markets; defund the
Bureau's efforts to stop predatory lending to borrowers looking to
purchase a manufactured home; and make it harder for the CFPB to bring
enforcement actions against bad actors.
What is more, the bill would halt the CFPB's efforts to stop the debt
trap created by predatory payday lending. As a report released just
last month by my office revealed, these lenders are adept at skirting
State laws. That is why we need strong Federal rules of the road.
Unfortunately, this bill would ensure that payday lenders can continue
to rip off our constituents and push them deeper into the cycle of
debt.
Democrats will offer amendments today to remove these harmful
provisions in the bill, and I urge all of my colleagues to support our
efforts.
This bill also would cut funding for the Securities and Exchange
Commission--that is, the SEC--which oversees our growing, complex
capital markets and needs sufficient resources to police them
effectively.
Republicans have shown us time and time again that they don't want
the SEC to be able to do its job. That is why they are proposing nearly
15 percent less than the SEC has said it needs to properly oversee the
26,000 market participants under its purview. It is also 3 percent less
than the agency received last year, which already was a shoestring
budget for a regulator tasked with implementing and enforcing
significant aspects of Dodd-Frank, the JOBS Act, and other important
legislation.
To make matters worse, the bill, along with Republican amendments,
would limit critical information for investors in companies by
rescinding current or future disclosure requirements on CEO pay,
climate change, conflict minerals, and political spending by big
corporations, as well as limiting shareholders' ability to elect
directors to corporate boards.
Finally, the bill also undercuts the Financial Stability Oversight
Council--that is, FSOC--which keeps our financial system safe by
looking out for systemic risk throughout the system and closing the
gaps in our once-fractured regulatory framework.
Standing with other Democrats, I will offer amendments to strike some
of the most harmful provisions of this bill. But make no mistake, even
if these amendments were adopted, Democrats cannot support this
legislation, which so gravely underfunds and undermines Wall Street
reform that it is fair to say it would expose us to another financial
crisis.
I strongly urge my colleagues to oppose this very harmful
legislation.
Mr. CRENSHAW. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia (Mr. Graves), one of the valued members of our subcommittee.
Mr. GRAVES of Georgia. Mr. Chairman, I rise today in support of the
Financial Services and General Government Appropriations bill.
As a member of the subcommittee, I am proud of the product that
Chairman Crenshaw and each of the subcommittee members have produced
this year. This bill provides critical resources that truly respect
taxpayers. In fact, this legislation is $1.5 billion below last year's
spending level, and it is 2.7--almost $3 billion below what the
President requested.
In this year's bill, we focused on peeling away excessive government
regulations which have made it harder for all hardworking Americans to
access the financial markets and the regulations that have depressed
economic growth that we have all seen and experienced in our districts.
Our bill brings the Consumer Financial Protection Bureau under the
appropriations process, ensuring that the money it spends has proper
oversight and is accountable to all the people's representatives.
We also eliminate a slush fund at the Securities and Exchange
Commission which was created by Dodd-Frank.
Additionally, this bill includes provisions that ensure the failure
of any financial institution is dealt with through the time-tested
process of bankruptcy and not through a bailout process. We included
language that limits the disastrous too big to fail concept from
expanding beyond the banking sector to nonbank institutions. These
changes help curb some of the worst parts of the administration's
financial overreach over the past few years.
In the bill, we also focus on improving accountability at the
government agencies, in particular, the IRS. Our commonsense reforms
include prohibiting the IRS from rehiring fired employees, banning all
their bonuses, outlawing their ability to target groups based on
political or religious beliefs, and cutting the agency by another $236
million. This in itself should be plenty of reason for all Members to
support this bill and get excited about it. Now, while we have slashed
the IRS by more than $1 billion and cracked down on its leadership over
the last 5 years, we must continue keeping it on a short leash.
Finally, this bill supports our Nation's small businesses by
prioritizing funding for the Small Business Administration.
Mr. Chairman, I ask all Members to support this good bill put
together by Chairman Crenshaw.
Mr. SERRANO. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Lee), one of our great progressive voices who is a
member of both the Appropriations and the Budget Committees. Sometimes
they don't get along, but that is her issue.
Ms. LEE. Mr. Chairman, I want to thank our ranking member for his
stellar leadership as our ranking member on this subcommittee and for
his kind remarks. Also, I want to thank our chairman, Mr. Crenshaw, for
working with our side of the aisle despite our differences.
Mr. Chairman, I rise, though, in strong opposition to the fiscal 2017
Financial Services and General Government Appropriations bill. This is
yet another spending bill filled with ideologically driven riders from
House Republicans.
Sadly, the bad provisions in this bill greatly outweigh the few good
provisions, like increased funding for community development financial
institutions and the Small Business Administration's Women's Business
Centers. Both have good provisions. Unfortunately, however, once again,
my colleagues across the aisle have chosen to score political points
instead of doing the serious work of governing.
Just to name a few, this bill includes numerous--numerous--dangerous
and offensive riders, one to undermine the rule of law in the District
of Columbia and deny low-income D.C. women their basic right to safe
and affordable comprehensive healthcare choices, including abortion.
Now, the women of the District of Columbia should be allowed to make
their own reproductive health choices, whatever health choices they
deem they need, want, and desire. Republican Members of Congress should
not be interfering in the District of Columbia women's health
decisions. That is offensive, it is wrong, and they need to stop that.
{time} 1815
Another rider prevents the Consumer Financial Protection Bureau from
protecting the hard-earned paychecks of American families. Another
rider undermines our efforts to normalize relations with Cuba after a
50-year failed policy by the United States of America. This bill also
blocks the Federal
[[Page H4360]]
Communications Commission from ensuring a free and open Internet for
all.
The Acting CHAIR (Mr. Carter of Georgia). The time of the gentlewoman
has expired.
Mr. SERRANO. I yield the gentlewoman an additional 1 minute.
Ms. LEE. These are just a few amendments that are unacceptable.
Now, let me say, when I joined the Appropriations Committee, I was
told legislating on appropriations bill was not allowed. Once again,
the majority continues to violate the rules of the House, so I guess
they just kind of make up these new rules as they write these bills,
which is really irresponsible and totally unfair.
The majority should consider the disservice that they are doing to
the American people by continuing to push through these woefully
underfunded appropriations bills packed with these dangerous and
partisan riders--these policy decisions that have been made on an
appropriations bill.
These bills hurt our economy, they stifle opportunities, they erode
women's rights in the District of Columbia. Year after year, the most
vulnerable Americans are pushed further into poverty because
congressional Republicans keep underfunding many of these vital
programs that are in this bill.
I hope my colleagues will join me in opposition to this bill until
Republican appropriators stop the political gamesmanship and get
serious about funding our government to meet our Nation's vital needs.
Mr. CRENSHAW. Mr. Chairman, I yield 3 minutes to the gentleman from
Nevada (Mr. Amodei), one of the hardest-working members of our
subcommittee.
Mr. AMODEI. Mr. Chairman, I thank the chairman and ranking member.
As I sit here listening, I hear the words appropriately appropriate,
poison pill riders, real losers American people, veto threats from the
President, accept reality, and I ask myself: Who do I work for? I don't
want to speak for any of my 434 other colleagues. I don't work for the
President. I work for the 700,000 people that sent me here, just like
other people work for people from different States. So the fact that I
may disagree with the administration on something isn't news to anybody
in a congressional context.
But I sit here and look at this and I am thinking: My God, we are
interfering with women's health directives. And I hear about the
Affordable Care Act and the IRS cuts, and it is like I didn't get a
great grade in civics, but I got a good enough one.
Part of this role is oversight. That is the key of appropriations. So
we are conducting that because there are differences of opinion. While
one side advocates what they think is the right policy, the other side
does the exact same thing.
So to feign offense when somebody is doing what they think is right,
I am not impugning the motives of anybody, but I have got to tell you,
when I hear about interfering with women's health decisions and I think
about the ACA and they are mentioned in the same sentence, I am like:
Wow, I missed something there. Dodd-Frank, CFPB, it is like oversight.
Not that we don't need it. We need some watchdogs on Wall Street, we
need some watchdogs on those financial things.
Quite frankly, when I hear about poison pill riders, how about poison
injection regulations? With all due respect, ideologically driven
riders, how about ideologically driven regulations? We need to say what
we think is appropriate for the people who sent us here.
No disrespect to this administration, although I wonder what foot the
shoe would have been on 8 years ago, but I wasn't here then because I
am too young to remember that. I must say, it is like: Listen, we are
going to disagree on policy.
But to suggest somehow that because the Congress thought of something
in the majority of this House that it is a poison pill rider and
pretend like everything that comes out of regulations, whether it is in
financial services, health care, running the IRS, 501(c)(3)s, all those
problems, it is like: You are darn right we better be doing our
oversight thing.
And by the way, in the C I got in civics, the power of the purse is
the biggest stick in oversight, and it should be used.
Mr. SERRANO. Mr. Chairman, I yield 3 minutes to the gentleman from
Maryland (Mr. Hoyer), the distinguished Democratic whip, for the
purpose of entering into a colloquy.
Mr. HOYER. Mr. Chairman, I thank the gentleman for yielding.
The chairman and the ranking member know I have been working on the
new consolidated Federal Bureau of Investigation headquarters project
since 2007. This project remains a top priority for the Maryland
delegation. Bids, as the chairman knows, on the three sites under
consideration were due in on June 22. Two of the sites under
consideration for this new facility, Greenbelt and Landover, are
located in Maryland.
We have been working at the Federal, State, and local levels to
assemble competitive bids for our sites. We believe that, in a fair and
open competition, Maryland has put forward sites and proposals that
will ultimately be deemed a better fit for the FBI.
However, as I have discussed with the chairman and the ranking
member, I remain concerned about the General Services Administration's
recent reduction in the estimated cost of relocating existing Federal
facilities at the Springfield, Virginia, site. Since the cost of
relocation of these facilities will be factored into the price for the
Springfield site, we need to ensure that the GSA produces an accurate
number that fully reflects the relocation costs that taxpayers will be
asked to cover.
My question for the chairman and the ranking member is: Will you
agree to work with me to ensure that the GSA accurately reports the
cost of any Federal facility relocation associated with these sites?
In addition to that, I would ask: Do the gentlemen agree, the
chairman and ranking member, that such transparency on the part of GSA
is needed to ensure that the process for the siting of this facility is
fair and provides accurate information to municipalities and developers
competing to construct and house this critically important FBI project?
Mr. CRENSHAW. Well, let me thank the gentleman for bringing this to
our attention. You have my assurance, as we have previously discussed,
that I will work with you to make sure that this is an open and fair
process all the way down the line.
Mr. HOYER. I thank the gentleman. I certainly rely on that
representation and I appreciate it.
Mr. SERRANO. Mr. Chairman, reclaiming my time, I thank my friend, the
distinguished whip from Maryland, for his continued involvement in this
effort and his steadfast advocacy for making sure that the process sees
that the new FBI headquarters is located on the best site possible. He
also has my commitment that we will work together to ensure that this
is a fair process and that GSA provides all relevant information to
prospective bidders accurately.
I reserve the balance of my time.
Mr. CRENSHAW. Mr. Chairman, I yield 2 minutes to the gentleman from
Maine (Mr. Poliquin) for the purpose of a colloquy.
Mr. POLIQUIN. Mr. Chairman, the amendment that I was planning to
offer tonight is related to the Securities and Exchange Commission's
proposed rule 30e-3.
If this rule, Mr. Chairman, is finalized in its current form, Wall
Street mutual fund companies could take away the paper statements that
are received from their Main Street investors by simply sending them a
notice that their paper reports have been canceled. Investors would
only regain those reports, Mr. Chairman, if they return a form opting
back into paper.
Now, this is particularly hurtful to the elderly, the poor, and those
living in rural areas--all people who disproportionately lack broadband
Internet access. Mr. Chairman, it is so easy to see how problems could
occur with this current rule in its current form. Seniors could
misunderstand the letter announcing their loss of paper reports and
discard the letter, or an investor who sends in a request to continue
to receive those paper statements, which could be lost in the mail.
Mr. Chairman, my own parents, who are 86 and 88, struggle to even use
a cell phone. How can we expect millions of our seniors across the
country who live in rural areas with no Internet access to be able to
log on to the Internet in order to receive critical mutual fund
information?
[[Page H4361]]
Mr. Chairman, if this rule 30e-3 is implemented in its current form,
I believe and fear that millions of our fellow Americans will be left
out in an information desert. Americans need to know how much money
they have saved, whether it be for a new home or for college or for
their retirement.
Congress should encourage savings and market confidence among our
families. At a time, Mr. Chairman, where 50 percent of the mutual fund
assets are owned by our seniors, this rule in its current form does
just the opposite.
The Acting CHAIR. The time of the gentleman has expired.
Mr. CRENSHAW. I yield the gentleman an additional 30 seconds.
Mr. POLIQUIN. Mr. Chairman, over 90 percent of the comments submitted
to the SEC on this issue conclude that investors do, in fact, want to
retain their paper financial reports.
Mr. Chairman, I ask Chairman Crenshaw today, please, for his support
to ensure that a final rule on this issue from the SEC is fair to all
investors, especially our small senior investors living in rural areas.
Mr. CRENSHAW. Mr. Chairman, let me thank the gentleman for bringing
this issue forward and thank him for the hard work that he has spent
trying to let everyone know how important this is.
As he pointed out, the proposed rule before the SEC would allow
mutual funds and firms to post shareholder reports and quarterly
portfolio holdings on their Web sites instead of having to print them
and mail them.
I understand his concerns of this adequate access to the Internet,
especially, as he points out, to the elderly or folks living in rural
areas. I think the SEC rule should strike the right balance.
As he knows, this rule is currently under review by the Commission. I
think an amendment might have been premature, but I know this is
important to him.
I thank him again for bringing it forward. I am very happy to work
with him and to work with the SEC to make sure this is a balanced rule.
I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I yield myself such time as I may consume.
We heard some comments on the House floor before about what people
are offended at that my side speaks about, and the word ``oversight''
was used. I want to make it clear that I am the biggest supporter of
oversight, but oversight does not mean destroying agencies, oversight
does not mean cutting budgets down to a bare bone where they can't
function, oversight does not mean going after the IRS simply because it
is in some rule book that you always go after the IRS, oversight is not
telling women what to do, and oversight is not telling the District of
Columbia that it can't have any kind of self-government because, given
a choice, we would not allow the District of Columbia to do anything,
including what is allowed to be done by the Constitution.
I just want to clarify that point. I believe--we believe--in
oversight. But when you start oversight with the feeling that a zero
budget would be the best way to go, when you start with a feeling of
disrespect for the leader of our country, our President, when you start
with a feeling that you got elected to Congress to oppose everything
that happens in Congress and that only you can clean up and fix
Congress, as if it needed fixing, sometimes I may be the only one who
says it, but there is gridlock and there is democracy.
Sometimes people don't agree, and when they don't agree, that is
healthy. Now, if they don't agree all the time, just for foolish
reasons, then it is gridlock. But when we don't agree because we don't
agree on philosophy, that is democracy at its best. In other places,
the budget is always on time, but there is only one person making the
decision.
I yield back the balance of my time.
Mr. CRENSHAW. Mr. Chairman, I yield 2 minutes to the gentleman from
Wisconsin (Mr. Duffy) for the purpose of a colloquy.
Mr. DUFFY. Mr. Chairman, first, I want to thank Chairman Crenshaw for
yielding and engaging in this colloquy and for all his hard work on the
Appropriations Committee, and specifically on Financial Services, as he
navigates this last, final bill through the House floor. We are all
grateful for his hard work.
{time} 1830
Mr. Chair, the amendment I was planning on offering tonight is
related to my concerns with the potential market abuse surrounding the
shorting of the stocks of small pharmaceutical companies. I am
concerned about a new tactic by some market participants.
There has been recent reporting in The Wall Street Journal and in the
Financial Times that reveals a deceptive and manipulative practice by
some hedge funds to challenge the legitimacy of a drug patent while
simultaneously shorting the drug manufacturer's stock. These particular
hedge funds game the system. What they do is short the stock. Then they
publicize numerous patent challenges and provoke fear in the
marketplace, drive down prices, and make a lot of money.
I think this warrants further examination by the SEC's Division of
Enforcement for potential violations of security law. I also believe
the SEC should consider enhancing the disclosure regime for short
positions. Increased transparency, Mr. Chair, could help combat these
types of attacks.
This is not just an issue of investigating the legality of the
practice; it is also about the impact this practice has on the market
and, more importantly, on the millions of Americans who need these
treatments. This affects Members of Congress, their staffs, their
families, and people back home in their districts. We are talking about
lifesaving drugs.
The pharmaceutical industry, due to its unique relationship with its
Federal regulator and the extraordinary time and upfront investment it
takes to bring a drug to market, is particularly vulnerable to this
kind of attack. Biotech companies rely heavily on their patents. An
attack that is designed to undercut a company's patents and drive down
its stock will, ultimately, discourage long-term investment in
innovation and slow drug development. Worse, it could derail the
development of the next lifesaving cure for the people whom Members
know in their families or in their districts.
I appreciate Chairman Crenshaw's engaging in this colloquy.
Hopefully, the gentleman will give great consideration to this issue.
Mr. CRENSHAW. Mr. Chair, I thank the gentleman for bringing this
issue up, and I thank him for his work in other areas of the financial
services industry. I know he is one of the hardworking Members who
cares about what happens and about making sure that we keep our
financial system orderly and fair.
I know a critical part of the SEC's mission is to make sure that our
markets are fair and to make sure that they are orderly. I am happy to
commit to working with the gentleman and to working with the SEC on
this very important issue. Again, I thank the gentleman for bringing it
to our attention.
Mr. Chair, I yield 2 minutes to the gentleman from Ohio (Mr.
Stivers).
Mr. STIVERS. I thank Chairman Crenshaw for his great work on this
bill.
Mr. Chair, I rise in support of the underlying bill, which provides
$21.7 billion in funding and targets resources to programs across
multiple agencies that will boost economic growth and opportunity. It
will protect consumers, protect investors, promote an efficient Federal
court system, and stop financial crime.
My colleagues will be pleased to know that the bill includes language
that prohibits the IRS from targeting specific individuals who are
exercising their First Amendment right. I support that language as
well.
The legislation also includes provisions that increase the oversight
of the Consumer Financial Protection Bureau, or the CFPB. It puts the
agency in the normal, annual appropriations process, like we are doing
here today; and it replaces the single Director at the head of the
agency with a five-person commission that is similar to those of other
agencies that are charged with regulating our financial markets.
I also want to take a moment to speak in support of bipartisan
language in the bill that would pause the CFPB's proposed rule on
short-term lending.
The Independent Community Bankers of America and the Credit Union
National Association recently wrote the CFPB to voice their strong
opposition to this rule. They fear that this
[[Page H4362]]
rule will force them out of the short-term credit market and stop them
from serving millions of consumers across our country. In fact, the
CFPB's own analysis says that 84 percent of current loan volumes will
disappear as a result of this rule. The CFPB claims that community
banks will make up for this shortfall, but the community banks,
themselves, refute this.
That is why, I think, we must keep the bipartisan language in the
bill that pauses this short-term rule that could force millions of
Americans to have nowhere to turn for their financial needs.
Mr. Chair, the CFPB's proposed rule would put lenders out of business
and leave these constituents with nowhere to turn. Millions of
hardworking Americans would not be able to deal with unexpected
emergencies. That is why I urge Members to support the underlying bill.
Mr. CRENSHAW. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. All time for general debate has expired.
Pursuant to House Resolution 794, the bill shall be considered for
amendment under the 5-minute rule and shall be considered read through
page 265, line 9.
The text of the bill through page 265, line 9, is as follows:
H.R. 5485
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, 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
[[Page H4363]]
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 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
[[Page H4364]]
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).
[[Page H4365]]
(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.
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
[[Page H4366]]
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, 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, 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.
[[Page H4367]]
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 (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.
[[Page H4368]]
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
[[Page H4369]]
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.
[[Page H4370]]
``(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
[[Page H4371]]
(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
[[Page H4372]]
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, 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,
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 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.
[[Page H4373]]
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.
[[Page H4374]]
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.
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.
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.
[[Page H4375]]
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 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: Provided
further, That the Postal Service shall maintain and comply
with service standards for First Class Mail and periodicals
effective on July 1, 2012.
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
[[Page H4376]]
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.
[[Page H4377]]
(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
[[Page H4378]]
(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 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
[[Page H4379]]
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
[[Page H4380]]
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
[[Page H4381]]
(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
[[Page H4382]]
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 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 13690 for not less than
180 days and holds at least one public hearing; or
(b) implement Executive Order 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 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
[[Page H4383]]
(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.
[[Page H4384]]
(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:
[[Page H4385]]
``(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--
[[Page H4386]]
``(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
[[Page H4387]]
``(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
[[Page H4388]]
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;
[[Page H4389]]
``(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--
[[Page H4390]]
``(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
[[Page H4391]]
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.
The Acting CHAIR. Are there any points of order against that portion
of the bill?
Point of Order
Mr. CHAFFETZ. Mr. Chair, I raise a point of order against the
following provision of H.R. 5485 for failure to comply with clause 2 of
rule XXI:
Beginning with ``: Provided further'' on page 122, line 19, through
``2012'' on page 122, line 22.
This provision proposes to change existing law by imparting direction
to the United States Postal Service and, therefore, constitutes
legislation on an appropriation bill in violation of clause 2 of rule
XXI.
I ask for a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
Ms. KAPTUR. Mr. Chair, I wish to be heard on the point of order.
The Acting CHAIR. The gentlewoman from Ohio is recognized.
Ms. KAPTUR. Mr. Chair, let me clarify what insisting on this point of
order means.
First, it means that the amendment the Appropriations Committee added
to the bill, requiring the Postal Service to maintain highest quality
delivery standards, is nullified.
This amendment was passed for fiscal year 2017 without objection in
our committee, and it was included in last year's bill and was passed
back then as well. So it is not something new. It stands as a strong
measure of support for the U.S. Postal Service in both rural and urban
America. Those that neither snow nor rain nor heat nor gloom of night
stays them from the swift completion of their appointed rounds deserve
our respect.
The Acting CHAIR. The gentlewoman needs to confine her remarks to the
point of order.
Ms. KAPTUR. It is our constitutional responsibility in Article I. We
should not retard postal operations.
Second, the Chaffetz point of order will actually cost our citizenry
more money by, in fact, $66 million due to the added transportation
costs that result from drastically slowing down the processing and
delivery of the Nation's mail. The timely processing and delivery of
mail is critical.
The Acting CHAIR. The gentlewoman will suspend.
The Chair will, again, remind the gentlewoman to confine her remarks
to the point of order.
Ms. KAPTUR. Third, Mr. Chair, it would not have been unusual or
extraordinary for the Rules Committee to have protected from a point of
order the mail delivery standards added to this bill when, in fact,
they actually included 30 other amendments that are in the bill that
affect the SEC, the IRS, the FCC, and the District of Columbia.
The Acting CHAIR. The gentlewoman will suspend.
The Chair is prepared to rule.
The Chair finds that this provision includes language imparting
direction to the United States Postal Service. The provision,
therefore, constitutes legislation in violation of clause 2 of rule
XXI.
The point of order is sustained, and the provision is stricken from
the bill.
Ms. KAPTUR. Mr. Chair, I appeal the ruling of the Chair.
The Acting CHAIR. The question is, Shall the decision of the Chair
stand as the judgment of the Committee?
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Recorded Vote
Ms. KAPTUR. Mr. Chair, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 220,
noes 168, not voting 45, as follows:
[Roll No. 356]
AYES--220
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davidson
Davis, Rodney
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Emmer (MN)
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jones
Joyce
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
LaHood
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nunes
Olson
Palazzo
Palmer
Paulsen
Perry
Pittenger
Poliquin
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rohrabacher
[[Page H4392]]
Rokita
Rooney (FL)
Ros-Lehtinen
Ross
Rothfus
Rouzer
Royce
Russell
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--168
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Bishop (GA)
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeGette
DeLauro
DelBene
DeSaulnier
Dingell
Doggett
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Johnson (GA)
Johnson, E. B.
Jolly
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pelosi
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Wilson (FL)
NOT VOTING--45
Beyer
Bost
Buchanan
Castor (FL)
Collins (NY)
Cooper
DeFazio
Delaney
DeSantis
Deutch
Doyle, Michael F.
Ellmers (NC)
Farr
Fincher
Forbes
Gibson
Gohmert
Hastings
Jeffries
Jordan
Katko
Kirkpatrick
Labrador
Marino
Messer
Nadler
Nugent
Pascrell
Payne
Pearce
Perlmutter
Pitts
Poe (TX)
Rogers (KY)
Roskam
Sanchez, Loretta
Sires
Smith (NJ)
Takai
Tiberi
Welch
Westmoreland
Whitfield
Woodall
Yarmuth
{time} 1911
Messrs. FARENTHOLD, RICE of South Carolina, HARRIS, YOUNG of Iowa,
and JOYCE changed their vote from ``no'' to ``aye.''
So the decision of the Chair stands as the judgment of the Committee.
The result of the vote was announced as above recorded.
Mr. CRENSHAW. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
McClintock) having assumed the chair, Mr. Carter of Georgia, Acting
Chair of the Committee of the Whole House on the state of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 5485) making appropriations for financial services and general
government for the fiscal year ending September 30, 2017, and for other
purposes, had come to no resolution thereon.
____________________