H:\XML\FY 17\MAY 23.XML [FULL COMMITTEE PRINT] Union Calendar No. ll 114TH CONGRESS 2D SESSION H. R. ll [Report No. 114–ll] Making appropriations for financial services and general government for the fiscal year ending September 30, 2017, and for other purposes. IN THE HOUSE OF REPRESENTATIVES ll --, 2016 Mr. CRENSHAW, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for financial services and general government for the fiscal year ending September 30, 2017, and for other purposes. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 2 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the following sums are appropriated, out of any 4 money in the Treasury not otherwise appropriated, for the 5 fiscal year ending September 30, 2017, and for other pur6 poses, namely: 7 TITLE I 8 DEPARTMENT OF THE TREASURY 9 DEPARTMENTAL OFFICES 10 SALARIES AND EXPENSES 11 For necessary expenses of the Departmental Offices 12 including operation and maintenance of the Treasury 13 Building and Freedman’s Bank Building; hire of pas14 senger motor vehicles; maintenance, repairs, and improve15 ments of, and purchase of commercial insurance policies 16 for, real properties leased or owned overseas, when nec17 essary for the performance of official business; executive 18 direction program activities; international affairs and eco19 nomic policy activities; domestic finance and tax policy ac20 tivities, including technical assistance to Puerto Rico; and 21 Treasury-wide management policies and programs activi22 ties, $250,000,000: Provided, That of the amount appro23 priated under this heading— 24 (1) not to exceed $350,000 is for official recep- 25 tion and representation expenses; L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 3 1 (2) not to exceed $258,000 is for unforeseen 2 emergencies of a confidential nature to be allocated 3 and expended under the direction of the Secretary of 4 the Treasury and to be accounted for solely on the 5 Secretary’s certificate; and 6 (3) not to exceed $57,000,000 shall remain 7 available until September 30, 2018, for— 8 (A) the Treasury-wide Financial Statement 9 Audit and Internal Control Program; 10 (B) information technology modernization 11 requirements; 12 (C) the audit, oversight, and administra- 13 tion of the Gulf Coast Restoration Trust Fund; 14 (D) the development and implementation 15 of programs within the Office of Critical Infra- 16 structure Protection and Compliance Policy, in- 17 cluding entering into cooperative agreements; 18 and 19 (E) cybersecurity. 20 OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE 21 SALARIES AND EXPENSES 22 For the necessary expenses of the Office of Terrorism 23 and Financial Intelligence to safeguard the financial sys24 tem against illicit use and to combat rogue nations, ter25 rorist facilitators, weapons of mass destruction L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 4 1 proliferators, money launderers, drug kingpins, and other 2 national security threats, $120,000,000: Provided, That of 3 the amount appropriated under this heading: (1) not to 4 exceed $27,500,000 is available for administrative ex5 penses; and (2) $5,000,000, to remain available until Sep6 tember 30, 2018. 7 OFFICE OF INSPECTOR GENERAL 8 SALARIES AND EXPENSES 9 For necessary expenses of the Office of Inspector 10 General in carrying out the provisions of the Inspector 11 General Act of 1978, $37,044,000, including hire of pas12 senger motor vehicles; of which not to exceed $100,000 13 shall be available for unforeseen emergencies of a con14 fidential nature, to be allocated and expended under the 15 direction of the Inspector General of the Treasury; of 16 which up to $2,800,000 to remain available until Sep17 tember 30, 2018, shall be for audits and investigations 18 conducted pursuant to section 1608 of the Resources and 19 Ecosystems Sustainability, Tourist Opportunities, and Re20 vived Economies of the Gulf Coast States Act of 2012 (33 21 U.S.C. 1321 note); and of which not to exceed $1,000 22 shall be available for official reception and representation 23 expenses. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 5 1 TREASURY INSPECTOR GENERAL FOR TAX 2 ADMINISTRATION 3 SALARIES AND EXPENSES 4 For necessary expenses of the Treasury Inspector 5 General for Tax Administration in carrying out the In6 spector General Act of 1978, as amended, including pur7 chase and hire of passenger motor vehicles (31 U.S.C. 8 1343(b)); and services authorized by 5 U.S.C. 3109, at 9 such rates as may be determined by the Inspector General 10 for Tax Administration; $169,634,000, of which 11 $5,000,000 shall remain available until September 30, 12 2018; of which not to exceed $500,000 shall be available 13 for unforeseen emergencies of a confidential nature, to be 14 allocated and expended under the direction of the Inspec15 tor General for Tax Administration; and of which not to 16 exceed $1,500 shall be available for official reception and 17 representation expenses. 18 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED 19 ASSET RELIEF PROGRAM 20 SALARIES AND EXPENSES 21 For necessary expenses of the Office of the Special 22 Inspector General in carrying out the provisions of the 23 Emergency Economic Stabilization Act of 2008 (Public 24 Law 110–343), $41,160,000. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 6 1 FINANCIAL CRIMES ENFORCEMENT NETWORK 2 SALARIES AND EXPENSES 3 For necessary expenses of the Financial Crimes En- 4 forcement Network, including hire of passenger motor ve5 hicles; travel and training expenses of non-Federal and 6 foreign government personnel to attend meetings and 7 training concerned with domestic and foreign financial in8 telligence activities, law enforcement, and financial regula9 tion; services authorized by 5 U.S.C. 3109; not to exceed 10 $10,000 for official reception and representation expenses; 11 and for assistance to Federal law enforcement agencies, 12 with or without reimbursement, $116,000,000, of which 13 not to exceed $34,335,000 shall remain available until 14 September 30, 2019. 15 TREASURY FORFEITURE FUND 16 (RESCISSION) 17 Of the unobligated balances available under this 18 heading, $753,610,000 are rescinded. 19 BUREAU 20 OF THE FISCAL SERVICE SALARIES AND EXPENSES 21 For necessary expenses of operations of the Bureau 22 of the Fiscal Service, $353,057,000; of which not to ex23 ceed $4,210,000, to remain available until September 30, 24 2019, is for information systems modernization initiatives; L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 7 1 and of which $5,000 shall be available for official reception 2 and representation expenses. 3 In addition, $165,000, to be derived from the Oil 4 Spill Liability Trust Fund, to reimburse administrative 5 and personnel expenses for financial management of the 6 Fund, as authorized by section 1012 of Public Law 101– 7 380. 8 ALCOHOL AND 9 TOBACCO TAX AND TRADE BUREAU SALARIES AND EXPENSES 10 For necessary expenses of carrying out section 1111 11 of the Homeland Security Act of 2002, including hire of 12 passenger motor vehicles, $111,439,000; of which not to 13 exceed $6,000 for official reception and representation ex14 penses; not to exceed $50,000 for cooperative research and 15 development programs for laboratory services; and provi16 sion of laboratory assistance to State and local agencies 17 with or without reimbursement: Provided, That of the 18 amount appropriated under this heading, $5,000,000 shall 19 be for the costs of accelerating the processing of formula 20 and label applications: Provided further, That of the 21 amount appropriated under this heading, $5,000,000 shall 22 be for the costs of programs to enforce trade practice vio23 lations of the Federal Alcohol Administration Act (27 24 U.S.C. 201 et seq.). L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 8 1 UNITED STATES MINT 2 UNITED STATES MINT PUBLIC ENTERPRISE FUND 3 Pursuant to section 5136 of title 31, United States 4 Code, the United States Mint is provided funding through 5 the United States Mint Public Enterprise Fund for costs 6 associated with the production of circulating coins, numis7 matic coins, and protective services, including both oper8 ating expenses and capital investments: Provided, That 9 the aggregate amount of new liabilities and obligations in10 curred during fiscal year 2017 under such section 5136 11 for circulating coinage and protective service capital in12 vestments of the United States Mint shall not exceed 13 $30,000,000. 14 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 15 FUND PROGRAM ACCOUNT 16 To carry out the Riegle Community Development and 17 Regulatory Improvement Act of 1994 (subtitle A of title 18 I of Public Law 103–325), including services authorized 19 by 5 U.S.C. 3109, but at rates for individuals not to ex20 ceed the per diem rate equivalent to the rate for EX–3, 21 $250,000,000. Of the amount appropriated under this 22 heading— 23 (1) not less than $184,000,000, is available 24 until September 30, 2018, for financial assistance 25 and technical assistance under subparagraphs (A) L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 9 1 and (B) of section 108(a)(1), respectively, of Public 2 Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), 3 of which up to $2,882,500 may be used for the cost 4 of direct loans: Provided, That the cost of direct and 5 guaranteed loans, including the cost of modifying 6 such loans, shall be as defined in section 502 of the 7 Congressional Budget Act of 1974: Provided further, 8 That these funds are available to subsidize gross ob- 9 ligations for the principal amount of direct loans not 10 to exceed $25,000,000; 11 (2) not less than $6,000,000, notwithstanding 12 subsections (d) and (e) of section 108 of Public Law 13 103–325 (12 U.S.C. 4707(d) and (e)), is available 14 until September 30, 2018, to provide financial as- 15 sistance, technical assistance, training, and outreach 16 to community development financial institutions to 17 expand investments that benefit individuals with dis- 18 abilities; 19 (3) not less than $16,000,000, notwithstanding 20 section 108(e) of Public Law 103–325 (12 U.S.C. 21 4707(e)), is available until September 30, 2018, for 22 financial assistance, technical assistance, training 23 and outreach programs designed to benefit Native 24 American, Native Hawaiian, and Alaskan Native 25 communities and provided primarily through quali- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 10 1 fied community development lender organizations 2 with experience and expertise in community develop- 3 ment banking and lending in Indian country, Native 4 American organizations, tribes and tribal organiza- 5 tions, and other suitable providers; 6 (4) not less than $19,000,000 is available until 7 September 30, 2018, for the Bank Enterprise Award 8 Program; 9 (5) up to $25,000,000 is for administrative ex- 10 penses, including administration of CDFI fund pro- 11 grams and the New Markets Tax Credit Program, of 12 which not less than $2,000,000 is available for ca- 13 pacity building to CDFIs to expand investments that 14 benefit individuals with disabilities, and up to 15 $300,000 is for administrative expenses to carry out 16 the direct loan program; and 17 (6) during fiscal year 2017, none of the funds 18 available under this heading are available for the 19 cost, as defined in section 502 of the Congressional 20 Budget Act of 1974, of commitments to guarantee 21 bonds and notes under section 114A of the Riegle 22 Community Development and Regulatory Improve- 23 ment Act of 1994 (12 U.S.C. 4713a): Provided, 24 That commitments to guarantee bonds and notes 25 under such section 114A shall not exceed L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 11 1 $250,000,000: Provided further, That such section 2 114A shall remain in effect until September 30, 3 2017; 4 Provided, that of the funds awarded under this heading, 5 not less than 10 percent shall be used for awards that 6 support investments that serve populations living in per7 sistent poverty counties: Provided further, That for the 8 purposes of the preceding proviso, the term ‘‘persistent 9 poverty counties’’ means any county that has had 20 per10 cent or more of its population living in poverty over the 11 past 30 years, as measured by the 1990 and 2000 decen12 nial censuses and the most recent Small Area Income and 13 Poverty Estimates. 14 INTERNAL REVENUE SERVICE 15 TAXPAYER SERVICES 16 For necessary expenses of the Internal Revenue Serv- 17 ice to provide taxpayer services, including pre-filing assist18 ance and education, filing and account services, taxpayer 19 advocacy services, and other services as authorized by 5 20 U.S.C. 3109, at such rates as may be determined by the 21 Commissioner, $2,156,554,000, of which not less than 22 $6,500,000 shall be for the Tax Counseling for the Elderly 23 Program, of which not less than $12,000,000 shall be 24 available for low-income taxpayer clinic grants, and of 25 which not less than $15,000,000 to remain available until L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 12 1 September 30, 2018, shall be available for a Community 2 Volunteer Income Tax Assistance matching grants pro3 gram for tax return preparation assistance, and of which 4 not less than $206,000,000 shall be available for operating 5 expenses of the Taxpayer Advocate Service: Provided, 6 That of the amounts made available for the Taxpayer Ad7 vocate Service, not less than $5,000,000 shall be for iden8 tity theft casework. 9 ENFORCEMENT 10 For necessary expenses for tax enforcement activities 11 of the Internal Revenue Service to determine and collect 12 owed taxes, to provide legal and litigation support, to con13 duct criminal investigations, to enforce criminal statutes 14 related to violations of internal revenue laws and other fi15 nancial crimes, to purchase and hire passenger motor vehi16 cles (31 U.S.C. 1343(b)), and to provide other services 17 as authorized by 5 U.S.C. 3109, at such rates as may be 18 determined by the Commissioner, $4,760,000,000, of 19 which not to exceed $50,000,000 shall remain available 20 until September 30, 2018, and of which not less than 21 $60,257,000 shall be for the Interagency Crime and Drug 22 Enforcement program. 23 OPERATIONS SUPPORT 24 For necessary expenses of the Internal Revenue Serv- 25 ice to support taxpayer services and enforcement pro- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 13 1 grams, including rent payments; facilities services; print2 ing; postage; physical security; headquarters and other 3 IRS-wide administration activities; research and statistics 4 of income; telecommunications; information technology de5 velopment, enhancement, operations, maintenance, and se6 curity; the hire of passenger motor vehicles (31 U.S.C. 7 1343(b)); the operations of the Internal Revenue Service 8 Oversight Board; and other services as authorized by 5 9 U.S.C. 3109, at such rates as may be determined by the 10 Commissioner; $3,502,446,000, of which not to exceed 11 $50,000,000 shall remain available until September 30, 12 2018; of which not to exceed $6,000,000 shall remain 13 available until expended for acquisition of equipment and 14 construction, repair and renovation of facilities; of which 15 not to exceed $1,000,000 shall remain available until Sep16 tember 30, 2019, for research; of which not to exceed 17 $20,000 shall be for official reception and representation 18 expenses: Provided, That not later than 30 days after the 19 end of each quarter, the Internal Revenue Service shall 20 submit a report to the Committees on Appropriations of 21 the House of Representatives and the Senate and the 22 Comptroller General of the United States detailing the 23 cost and schedule performance for its major information 24 technology investments, including the purpose and life25 cycle stages of the investments; the reasons for any cost L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 14 1 and schedule variances; the risks of such investments and 2 strategies the Internal Revenue Service is using to miti3 gate such risks; and the expected developmental mile4 stones to be achieved and costs to be incurred in the next 5 quarter: Provided further, That the Internal Revenue Serv6 ice shall include, in its budget justification for fiscal year 7 2018, a summary of cost and schedule performance infor8 mation for its major information technology systems. 9 BUSINESS SYSTEMS MODERNIZATION 10 For necessary expenses of the Internal Revenue Serv- 11 ice’s business systems modernization program, 12 $290,000,000, to remain available until September 30, 13 2019, for the capital asset acquisition of information tech14 nology systems, including management and related con15 tractual costs of said acquisitions, including related Inter16 nal Revenue Service labor costs, and contractual costs as17 sociated with operations authorized by 5 U.S.C. 3109: 18 Provided, That not later than 30 days after the end of 19 each quarter, the Internal Revenue Service shall submit 20 a report to the Committees on Appropriations of the 21 House of Representatives and the Senate and the Comp22 troller General of the United States detailing the cost and 23 schedule performance for CADE 2 and Modernized e-File 24 information technology investments, including the pur25 poses and life-cycle stages of the investments; the reasons L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 15 1 for any cost and schedule variances; the risks of such in2 vestments and the strategies the Internal Revenue Service 3 is using to mitigate such risks; and the expected develop4 mental milestones to be achieved and costs to be incurred 5 in the next quarter. 6 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE 7 SERVICE 8 (INCLUDING TRANSFERS OF FUNDS) 9 SEC. 101. Not to exceed 5 percent of any appropria- 10 tion made available in this Act to the Internal Revenue 11 Service may be transferred to any other Internal Revenue 12 Service appropriation upon the advance approval of the 13 Committees on Appropriations. 14 SEC. 102. The Internal Revenue Service shall main- 15 tain an employee training program, which shall include the 16 following topics: taxpayers’ rights, dealing courteously 17 with taxpayers, cross-cultural relations, ethics, and the im18 partial application of tax law. 19 SEC. 103. The Internal Revenue Service shall insti- 20 tute and enforce policies and procedures that will safe21 guard the confidentiality of taxpayer information and pro22 tect taxpayers against identity theft. 23 SEC. 104. Funds made available by this or any other 24 Act to the Internal Revenue Service shall be available for 25 improved facilities and increased staffing to provide suffi- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 16 1 cient and effective 1–800 help line service for taxpayers. 2 The Commissioner shall continue to make improvements 3 to the Internal Revenue Service 1–800 help line service 4 a priority and allocate resources necessary to enhance the 5 response time to taxpayer communications, particularly 6 with regard to victims of tax-related crimes. 7 SEC. 105. None of the funds made available to the 8 Internal Revenue Service by this or any other Act may 9 be used to make a video unless the Service-Wide Video 10 Editorial Board determines in advance that making the 11 video is appropriate, taking into account the cost, topic, 12 tone, and purpose of the video. 13 SEC. 106. The Internal Revenue Service shall issue 14 a notice of confirmation of any address change relating 15 to an employer making employment tax payments, and 16 such notice shall be sent to both the employer’s former 17 and new address and an officer or employee of the Internal 18 Revenue Service shall give special consideration to an 19 offer-in-compromise from a taxpayer who has been the vic20 tim of fraud by a third party payroll tax preparer. 21 SEC. 107. None of the funds made available under 22 this or any other Act may be used by the Internal Revenue 23 Service to target citizens of the United States for exer24 cising any right guaranteed under the First Amendment 25 to the Constitution of the United States. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 17 1 SEC. 108. None of the funds made available in this 2 or any other Act may be used by the Internal Revenue 3 Service to target groups for regulatory scrutiny based on 4 their ideological beliefs. 5 SEC. 109. None of funds made available by this or 6 any other Act to the Internal Revenue Service shall be 7 obligated or expended on conferences that do not adhere 8 to the procedures, verification processes, documentation 9 requirements, and policies issued by the Chief Financial 10 Officer, Human Capital Office, and Agency-Wide Shared 11 Services as a result of the recommendations in the report 12 published on May 31, 2013, by the Treasury Inspector 13 General for Tax Administration entitled ‘‘Review of the 14 August 2010 Small Business/Self-Employed Division’s 15 Conference in Anaheim, California’’ (Reference Number 16 2013–10–037). 17 SEC. 110. None of the funds made available by this 18 or any other Act may be used to pay the salaries or ex19 penses of any individual to carry out any transfer of funds 20 to the Internal Revenue Service under the Patient Protec21 tion and Affordable Care Act (Public Law 111–148) or 22 the Health Care and Education Reconciliation Act of 2010 23 (Public Law 111–152). 24 SEC. 111. None of the funds made available by this 25 or any other Act may be used by the Internal Revenue L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 18 1 Service to implement or enforce section 5000A of the In2 ternal Revenue Code of 1986, section 6055 of such Code, 3 section 1502(c) of the Patient Protection and Affordable 4 Care Act (Public Law 111–148), or any amendments 5 made by section 1502(b) of such Act. 6 SEC. 112. None of the funds made available in this 7 or any other Act to the Internal Revenue Service may be 8 obligated or expended— 9 (1) to make a payment to any employee under 10 a bonus, award, or recognition program; or 11 (2) under any hiring or personnel selection 12 process with respect to re-hiring a former employee, 13 unless such program or process takes into account the 14 conduct and Federal tax compliance of such employee or 15 former employee. 16 SEC. 113. None of the funds made available by this 17 or any other Act may be used in contravention of section 18 6103 of the Internal Revenue Code of 1986 (relating to 19 confidentiality and disclosure of returns and return infor20 mation). 21 SEC. 114. Except to the extent provided in section 22 6014, 6020, or 6201(d) of the Internal Revenue Code of 23 1986, none of the funds in this or any other Act shall 24 be available to the Secretary of the Treasury to provide 25 to any person a proposed final return or statement for L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 19 1 use by such person to satisfy a filing or reporting require2 ment under such Code. 3 SEC. 115. In addition to the amounts otherwise made 4 available in this Act for the Internal Revenue Service, 5 $290,000,000, to be available until September 30, 2018, 6 shall be transferred by the Commissioner to the ‘‘Tax7 payer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ 8 accounts of the Internal Revenue Service for an additional 9 amount to be used solely for measurable improvements in 10 the customer service representative level of service rate, 11 to improve the identification and prevention of refund 12 fraud and identity theft, and to enhance cybersecurity to 13 safeguard taxpayer data: Provided, That such funds shall 14 supplement, not supplant any other amounts made avail15 able by the Internal Revenue Service for such purpose: 16 Provided further, That such funds shall not be available 17 until the Commissioner submits to the Committees on Ap18 propriations of the House of Representatives and the Sen19 ate a spending plan for such funds: Provided further, That 20 such funds shall not be used to support any provision of 21 Public Law 111–148, Public Law 111–152, or any amend22 ment made by either such Public Law. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 20 1 ADMINISTRATIVE PROVISIONS—DEPARTMENT 2 TREASURY 3 (INCLUDING TRANSFERS OF FUNDS) 4 OF THE SEC. 116. Appropriations to the Department of the 5 Treasury in this Act shall be available for uniforms or al6 lowances therefor, as authorized by law (5 U.S.C. 5901), 7 including maintenance, repairs, and cleaning; purchase of 8 insurance for official motor vehicles operated in foreign 9 countries; purchase of motor vehicles without regard to the 10 general purchase price limitations for vehicles purchased 11 and used overseas for the current fiscal year; entering into 12 contracts with the Department of State for the furnishing 13 of health and medical services to employees and their de14 pendents serving in foreign countries; and services author15 ized by 5 U.S.C. 3109. 16 SEC. 117. Not to exceed 2 percent of any appropria- 17 tions in this title made available under the headings ‘‘De18 partmental Offices—Salaries and Expenses’’, ‘‘Office of 19 Inspector General’’, ‘‘Special Inspector General for the 20 Troubled Asset Relief Program’’, ‘‘Financial Crimes En21 forcement Network’’, ‘‘Bureau of the Fiscal Service’’, 22 ‘‘Community Development Financial Institutions Fund 23 Program Account’’, and ‘‘Alcohol and Tobacco Tax and 24 Trade Bureau’’ may be transferred between such appro25 priations upon the advance approval of the Committees L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 21 1 on Appropriations of the House of Representatives and the 2 Senate: Provided, That no transfer under this section may 3 increase or decrease any such appropriation by more than 4 2 percent. 5 SEC. 118. Not to exceed 2 percent of any appropria- 6 tion made available in this Act to the Internal Revenue 7 Service may be transferred to the Treasury Inspector Gen8 eral for Tax Administration’s appropriation upon the ad9 vance approval of the Committees on Appropriations of 10 the House of Representatives and the Senate: Provided, 11 That no transfer may increase or decrease any such appro12 priation by more than 2 percent. 13 SEC. 119. None of the funds appropriated in this Act 14 or otherwise available to the Department of the Treasury 15 or the Bureau of Engraving and Printing may be used 16 to redesign the $1 Federal Reserve note. 17 SEC. 120. The Secretary of the Treasury may trans- 18 fer funds from the ‘‘Bureau of the Fiscal Service—Sala19 ries and Expenses’’ to the Debt Collection Fund as nec20 essary to cover the costs of debt collection: Provided, That 21 such amounts shall be reimbursed to such salaries and ex22 penses account from debt collections received in the Debt 23 Collection Fund. 24 SEC. 121. None of the funds appropriated or other- 25 wise made available by this or any other Act may be used L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 22 1 by the United States Mint to construct or operate any mu2 seum without the explicit approval of the Committees on 3 Appropriations of the House of Representatives and the 4 Senate, the House Committee on Financial Services, and 5 the Senate Committee on Banking, Housing, and Urban 6 Affairs. 7 SEC. 122. None of the funds appropriated or other- 8 wise made available by this or any other Act or source 9 to the Department of the Treasury, the Bureau of Engrav10 ing and Printing, and the United States Mint, individually 11 or collectively, may be used to consolidate any or all func12 tions of the Bureau of Engraving and Printing and the 13 United States Mint without the explicit approval of the 14 House Committee on Financial Services; the Senate Com15 mittee on Banking, Housing, and Urban Affairs; and the 16 Committees on Appropriations of the House of Represent17 atives and the Senate. 18 SEC. 123. Funds appropriated by this Act, or made 19 available by the transfer of funds in this Act, for the De20 partment of the Treasury’s intelligence or intelligence re21 lated activities are deemed to be specifically authorized by 22 the Congress for purposes of section 504 of the National 23 Security Act of 1947 (50 U.S.C. 414) during fiscal year 24 2017 until the enactment of the Intelligence Authorization 25 Act for Fiscal Year 2017. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 23 1 SEC. 124. Not to exceed $5,000 shall be made avail- 2 able from the Bureau of Engraving and Printing’s Indus3 trial Revolving Fund for necessary official reception and 4 representation expenses. 5 SEC. 125. The Secretary of the Treasury shall submit 6 a Capital Investment Plan to the Committees on Appro7 priations of the Senate and the House of Representatives 8 not later than 30 days following the submission of the an9 nual budget submitted by the President: Provided, That 10 such Capital Investment Plan shall include capital invest11 ment spending from all accounts within the Department 12 of the Treasury, including but not limited to the Depart13 ment-wide Systems and Capital Investment Programs ac14 count, Treasury Franchise Fund account, and the Treas15 ury Forfeiture Fund account: Provided further, That such 16 Capital Investment Plan shall include expenditures occur17 ring in previous fiscal years for each capital investment 18 project that has not been fully completed. 19 SEC. 126. Within 45 days after the date of enactment 20 of this Act, the Secretary of the Treasury shall submit 21 an itemized report to the Committees on Appropriations 22 of the House of Representatives and the Senate on the 23 amount of total funds charged to each office by the Fran24 chise Fund including the amount charged for each service 25 provided by the Franchise Fund to each office, a detailed L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 24 1 description of the services, a detailed explanation of how 2 each charge for each service is calculated, and a descrip3 tion of the role customers have in governing in the Fran4 chise Fund. 5 SEC. 127. During fiscal year 2017— 6 (1) none of the funds made available in this or 7 any other Act may be used by the Department of 8 the Treasury, including the Internal Revenue Serv- 9 ice, to issue, revise, or finalize any regulation, rev- 10 enue ruling, or other guidance not limited to a par- 11 ticular taxpayer relating to the standard which is 12 used to determine whether an organization is oper- 13 ated exclusively for the promotion of social welfare 14 for purposes of section 501(c)(4) of the Internal 15 Revenue Code of 1986 (including the proposed regu- 16 lations published at 78 Fed. Reg. 71535 (November 17 29, 2013)); and 18 (2) the standard and definitions as in effect on 19 January 1, 2010, which are used to make such de- 20 terminations shall apply after the date of the enact- 21 ment of this Act for purposes of determining status 22 under section 501(c)(4) of such Code of organiza- 23 tions created on, before, or after such date. 24 SEC. 128. (a) Not later than 60 days after the end 25 of each quarter, the Office of Financial Stability and the L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 25 1 Office of Financial Research shall submit reports on their 2 activities to the Committees on Appropriations of the 3 House of Representatives and the Senate, the Committee 4 on Financial Services of the House of Representatives and 5 the Senate Committee on Banking, Housing, and Urban 6 Affairs. 7 (b) The reports required under subsection (a) shall 8 include— 9 (1) the obligations made during the previous 10 quarter by object class, office, and activity; 11 (2) the estimated obligations for the remainder 12 of the fiscal year by object class, office, and activity; 13 (3) the number of full-time equivalents within 14 each office during the previous quarter; 15 (4) the estimated number of full-time equiva- 16 lents within each office for the remainder of the fis- 17 cal year; and 18 (5) actions taken to achieve the goals, objec- 19 tives, and performance measures of each office. 20 (c) At the request of any such Committees specified 21 in subsection (a), the Office of Financial Stability and the 22 Office of Financial Research shall make officials available 23 to testify on the contents of the reports required under 24 subsection (a). L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 26 1 SEC. 129. During fiscal year 2017, the Office of Fi- 2 nancial Research shall provide for a public notice period 3 of not less than 90 days before issuing any proposed re4 port, rule, or regulation. 5 SEC. 130. (a) Section 155 of Public Law 111–203 6 is amended as follows: 7 (1) In subsection (b)— 8 (A) in paragraph (1)— 9 (i) by striking ‘‘immediately’’; and 10 (ii) by inserting ‘‘as provided for in 11 appropriation Acts’’ after ‘‘to the Office’’; 12 (B) by striking paragraph (2); and 13 (C) by redesignating paragraph (3) as 14 paragraph (2). 15 (2) In subsection (d), by striking the heading 16 and inserting ‘‘ASSESSMENT SCHEDULE.—’’. 17 (b) The amendments made by subsection (a) shall 18 take effect on October 1, 2017. 19 SEC. 131. None of the funds appropriated or other- 20 wise made available in this Act may be obligated or ex21 pended to provide for the enforcement of any rule, regula22 tion, policy, or guideline implemented pursuant to the De23 partment of the Treasury Guidance for United States Po24 sitions on MDBs Engaging with Developing Countries on 25 Coal-Fired Power Generation dated October 29, 2013, L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 27 1 when enforcement of such rule, regulation, policy, or 2 guideline would prohibit, or have the effect of prohibiting, 3 the carrying out of any coal-fired or other power-genera4 tion project the purpose of which is to increase exports 5 of goods and services from the United States or prevent 6 the loss of jobs from the United States. 7 SEC. 132. None of the funds made available in this 8 Act may be used to approve, license, facilitate, authorize, 9 or otherwise allow, whether by general or specific license, 10 travel-related or other transactions incident to non-aca11 demic educational exchanges described in section 12 515.565(b)(2) of title 31, Code of Federal Regulations. 13 SEC. 133. (a) None of the funds made available by 14 this Act may be used to approve, license, facilitate, author15 ize, or otherwise allow the use, purchase, trafficking, or 16 import of property confiscated by the Cuban Government. 17 (b) In this section, the terms ‘‘confiscated’’, ‘‘Cuban 18 Government’’, ‘‘property’’, and ‘‘traffic’’ have the mean19 ings given such terms in paragraphs (4), (5), (12)(A), and 20 (13), respectively, of section 4 of the Cuban Liberty and 21 Democratic Solidarity (LIBERTAD) Act of 1996 (22 22 U.S.C. 6023). 23 SEC. 134. (a) None of the funds made available by 24 this Act may be used to approve, license, facilitate, author25 ize, or otherwise allow any financial transaction with an L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 28 1 entity owned or controlled, in whole or in part, by the 2 Cuban military or intelligence service or with any officer 3 of the Cuban military or intelligence service, or an imme4 diate family member thereof. 5 (b) The limitation on the use of funds under this sec- 6 tion does not apply to financial transactions with respect 7 to exports of goods permitted under the Trade Sanctions 8 Reform and Export Enhancement Act of 2000 (22 U.S.C. 9 7201 et seq.) or to payments in furtherance of the lease 10 agreement or other financial transactions necessary for 11 maintenance and improvements of the United States 12 Naval Station, Guantanamo Bay, Cuba, including any ad13 jacent areas under the control or possession of the United 14 States. 15 (c) In this section— 16 (1) the term ‘‘Cuban military’’ includes the 17 Ministry of the Revolutionary Armed Forces and the 18 Ministry of the Interior, and their subsidiaries; and 19 (2) the term ‘‘immediate family member’’ 20 means a spouse, sibling, child (adopted or other- 21 wise), parent, grandparent, grandchild, aunt, uncle, 22 niece, or nephew. 23 SEC. 135. (a) None of the funds made available in 24 this Act may be used to authorize a general license or ap25 prove a specific license under section 501.801 or 515.527 L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 29 1 of title 31, Code of Federal Regulations, with respect to 2 a mark, trade name, or commercial name that is the same 3 as or substantially similar to a mark, trade name, or com4 mercial name that was used in connection with a business 5 or assets that were confiscated unless the original owner 6 of the mark, trade name, or commercial name, or the 7 bona-fide successor-in-interest has expressly consented. 8 (b) In this section, the term ‘‘confiscated’’ has a 9 meaning given such term in section 4(4) of the Cuban Lib10 erty and Democratic Solidarity (LIBERTAD) Act of 1996 11 (22 U.S.C. 6023(4)). 12 This title may be cited as the ‘‘Department of the 13 Treasury Appropriations Act, 2017’’. 14 TITLE II 15 EXECUTIVE OFFICE OF THE PRESIDENT AND 16 FUNDS APPROPRIATED TO THE PRESIDENT 17 THE WHITE HOUSE 18 SALARIES AND EXPENSES 19 For necessary expenses for the White House as au- 20 thorized by law, including not to exceed $3,850,000 for 21 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 22 subsistence expenses as authorized by 3 U.S.C. 105, which 23 shall be expended and accounted for as provided in that 24 section; hire of passenger motor vehicles, and travel (not 25 to exceed $100,000 to be expended and accounted for as L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 30 1 provided by 3 U.S.C. 103); and not to exceed $19,000 for 2 official reception and representation expenses, to be avail3 able for allocation within the Executive Office of the Presi4 dent; and for necessary expenses of the Office of Policy 5 Development, including services as authorized by 5 U.S.C. 6 3109 and 3 U.S.C. 107, $55,000,000. 7 EXECUTIVE RESIDENCE 8 AT THE WHITE HOUSE OPERATING EXPENSES 9 For necessary expenses of the Executive Residence 10 at the White House, $12,723,000, to be expended and ac11 counted for as provided by 3 U.S.C. 105, 109, 110, and 12 112–114. 13 REIMBURSABLE EXPENSES 14 For the reimbursable expenses of the Executive Resi- 15 dence at the White House, such sums as may be nec16 essary: Provided, That all reimbursable operating expenses 17 of the Executive Residence shall be made in accordance 18 with the provisions of this paragraph: Provided further, 19 That, notwithstanding any other provision of law, such 20 amount for reimbursable operating expenses shall be the 21 exclusive authority of the Executive Residence to incur ob22 ligations and to receive offsetting collections, for such ex23 penses: Provided further, That the Executive Residence 24 shall require each person sponsoring a reimbursable polit25 ical event to pay in advance an amount equal to the esti- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 31 1 mated cost of the event, and all such advance payments 2 shall be credited to this account and remain available until 3 expended: Provided further, That the Executive Residence 4 shall require the national committee of the political party 5 of the President to maintain on deposit $25,000, to be 6 separately accounted for and available for expenses relat7 ing to reimbursable political events sponsored by such 8 committee during such fiscal year: Provided further, That 9 the Executive Residence shall ensure that a written notice 10 of any amount owed for a reimbursable operating expense 11 under this paragraph is submitted to the person owing 12 such amount within 60 days after such expense is in13 curred, and that such amount is collected within 30 days 14 after the submission of such notice: Provided further, That 15 the Executive Residence shall charge interest and assess 16 penalties and other charges on any such amount that is 17 not reimbursed within such 30 days, in accordance with 18 the interest and penalty provisions applicable to an out19 standing debt on a United States Government claim under 20 31 U.S.C. 3717: Provided further, That each such amount 21 that is reimbursed, and any accompanying interest and 22 charges, shall be deposited in the Treasury as miscella23 neous receipts: Provided further, That the Executive Resi24 dence shall prepare and submit to the Committees on Ap25 propriations, by not later than 90 days after the end of L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 32 1 the fiscal year covered by this Act, a report setting forth 2 the reimbursable operating expenses of the Executive Res3 idence during the preceding fiscal year, including the total 4 amount of such expenses, the amount of such total that 5 consists of reimbursable official and ceremonial events, the 6 amount of such total that consists of reimbursable political 7 events, and the portion of each such amount that has been 8 reimbursed as of the date of the report: Provided further, 9 That the Executive Residence shall maintain a system for 10 the tracking of expenses related to reimbursable events 11 within the Executive Residence that includes a standard 12 for the classification of any such expense as political or 13 nonpolitical: Provided further, That no provision of this 14 paragraph may be construed to exempt the Executive Res15 idence from any other applicable requirement of sub16 chapter I or II of chapter 37 of title 31, United States 17 Code. 18 WHITE HOUSE REPAIR 19 AND RESTORATION For the repair, alteration, and improvement of the 20 Executive Residence at the White House pursuant to 3 21 U.S.C. 105(d), $750,000, to remain available until ex22 pended, for required maintenance, resolution of safety and 23 health issues, and continued preventative maintenance. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 33 1 COUNCIL 2 OF ECONOMIC ADVISERS SALARIES AND EXPENSES 3 For necessary expenses of the Council of Economic 4 Advisers in carrying out its functions under the Employ5 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,200,000. 6 NATIONAL SECURITY COUNCIL AND HOMELAND 7 SECURITY COUNCIL 8 SALARIES AND EXPENSES 9 For necessary expenses of the National Security 10 Council and the Homeland Security Council, including 11 services as authorized by 5 U.S.C. 3109, $10,896,000. 12 OFFICE 13 OF ADMINISTRATION SALARIES AND EXPENSES 14 For necessary expenses of the Office of Administra- 15 tion, including services as authorized by 5 U.S.C. 3109 16 and 3 U.S.C. 107, and hire of passenger motor vehicles, 17 $96,116,000, of which not to exceed $12,760,000 shall re18 main available until expended for continued modernization 19 of information resources within the Executive Office of the 20 President. 21 PRESIDENTIAL TRANSITION ADMINISTRATIVE SUPPORT 22 (INCLUDING TRANSFER OF FUNDS) 23 For expenses of the Office of Administration to carry 24 out the Presidential Transition Act of 1963 and similar 25 expenses, in addition to amounts otherwise appropriated L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 34 1 by law, $7,582,000: Provided, That such funds may be 2 transferred to other accounts that provide funding for of3 fices within the Executive Office of the President and the 4 Office of the Vice President in this Act or any other Act, 5 to carry out such purposes. 6 OFFICE 7 OF MANAGEMENT AND BUDGET SALARIES AND EXPENSES 8 For necessary expenses of the Office of Management 9 and Budget, including hire of passenger motor vehicles 10 and services as authorized by 5 U.S.C. 3109, to carry out 11 the provisions of chapter 35 of title 44, United States 12 Code, and to prepare and submit the budget of the United 13 States Government, in accordance with section 1105(a) of 14 title 31, United States Code, $91,000,000, of which not 15 to exceed $3,000 shall be available for official representa16 tion expenses: Provided, That none of the funds appro17 priated in this Act for the Office of Management and 18 Budget may be used for the purpose of reviewing any agri19 cultural marketing orders or any activities or regulations 20 under the provisions of the Agricultural Marketing Agree21 ment Act of 1937 (7 U.S.C. 601 et seq.): Provided further, 22 That none of the funds made available for the Office of 23 Management and Budget by this Act may be expended for 24 the altering of the transcript of actual testimony of wit25 nesses, except for testimony of officials of the Office of L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 35 1 Management and Budget, before the Committees on Ap2 propriations or their subcommittees: Provided further, 3 That of the funds made available for the Office of Man4 agement and Budget by this Act, no less than three full5 time equivalent senior staff positions shall be dedicated 6 solely to the Office of the Intellectual Property Enforce7 ment Coordinator: Provided further, That none of the 8 funds provided in this or prior Acts shall be used, directly 9 or indirectly, by the Office of Management and Budget, 10 for evaluating or determining if water resource project or 11 study reports submitted by the Chief of Engineers acting 12 through the Secretary of the Army are in compliance with 13 all applicable laws, regulations, and requirements relevant 14 to the Civil Works water resource planning process: Pro15 vided further, That the Office of Management and Budget 16 shall have not more than 60 days in which to perform 17 budgetary policy reviews of water resource matters on 18 which the Chief of Engineers has reported: Provided fur19 ther, That the Director of the Office of Management and 20 Budget shall notify the appropriate authorizing and ap21 propriating committees when the 60-day review is initi22 ated: Provided further, That if water resource reports have 23 not been transmitted to the appropriate authorizing and 24 appropriating committees within 15 days after the end of 25 the Office of Management and Budget review period based L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 36 1 on the notification from the Director, Congress shall as2 sume Office of Management and Budget concurrence with 3 the report and act accordingly. 4 OFFICE 5 OF NATIONAL DRUG CONTROL POLICY SALARIES AND EXPENSES 6 For necessary expenses of the Office of National 7 Drug Control Policy; for research activities pursuant to 8 the Office of National Drug Control Policy Reauthoriza9 tion Act of 2006 (Public Law 109–469); not to exceed 10 $10,000 for official reception and representation expenses; 11 and for participation in joint projects or in the provision 12 of services on matters of mutual interest with nonprofit, 13 research, or public organizations or agencies, with or with14 out reimbursement, $19,274,000: Provided, That the Of15 fice is authorized to accept, hold, administer, and utilize 16 gifts, both real and personal, public and private, without 17 fiscal year limitation, for the purpose of aiding or facili18 tating the work of the Office. 19 FEDERAL DRUG CONTROL PROGRAMS 20 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM 21 (INCLUDING TRANSFERS OF FUNDS) 22 For necessary expenses of the Office of National 23 Drug Control Policy’s High Intensity Drug Trafficking 24 Areas Program, $253,000,000, to remain available until 25 September 30, 2018, for drug control activities consistent L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 37 1 with the approved strategy for each of the designated 2 High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of 3 which not less than 51 percent shall be transferred to 4 State and local entities for drug control activities and shall 5 be obligated not later than 120 days after enactment of 6 this Act: Provided, That up to 49 percent may be trans7 ferred to Federal agencies and departments in amounts 8 determined by the Director of the Office of National Drug 9 Control Policy, of which up to $2,700,000 may be used 10 for auditing services and associated activities: Provided 11 further, That, notwithstanding the requirements of Public 12 Law 106–58, any unexpended funds obligated prior to fis13 cal year 2015 may be used for any other approved activi14 ties of that HIDTA, subject to reprogramming require15 ments: Provided further, That each HIDTA designated as 16 of September 30, 2016, shall be funded at not less than 17 the fiscal year 2016 base level, unless the Director submits 18 to the Committees on Appropriations of the House of Rep19 resentatives and the Senate justification for changes to 20 those levels based on clearly articulated priorities and pub21 lished Office of National Drug Control Policy performance 22 measures of effectiveness: Provided further, That the Di23 rector shall notify the Committees on Appropriations of 24 the initial allocation of fiscal year 2017 funding among 25 HIDTAs not later than 45 days after enactment of this L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 38 1 Act, and shall notify the Committees of planned uses of 2 discretionary HIDTA funding, as determined in consulta3 tion with the HIDTA Directors, not later than 90 days 4 after enactment of this Act: Provided further, That upon 5 a determination that all or part of the funds so transferred 6 from this appropriation are not necessary for the purposes 7 provided herein and upon notification to the Committees 8 on Appropriations of the House of Representatives and the 9 Senate, such amounts may be transferred back to this ap10 propriation. 11 OTHER FEDERAL DRUG CONTROL PROGRAMS 12 (INCLUDING TRANSFERS OF FUNDS) 13 For other drug control activities authorized by the 14 Office of National Drug Control Policy Reauthorization 15 Act of 2006 (Public Law 109–469), $111,871,000, to re16 main available until expended, which shall be available as 17 follows: $97,000,000 for the Drug-Free Communities Pro18 gram, of which $2,000,000 shall be made available as di19 rected by section 4 of Public Law 107–82, as amended 20 by Public Law 109–469 (21 U.S.C. 1521 note); 21 $2,000,000 for drug court training and technical assist22 ance; $9,500,000 for anti-doping activities; $2,121,000 for 23 the United States membership dues to the World Anti24 Doping Agency; and $1,250,000 shall be made available 25 as directed by section 1105 of Public Law 109–469: Pro- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 39 1 vided, That amounts made available under this heading 2 may be transferred to other Federal departments and 3 agencies to carry out such activities. 4 INFORMATION TECHNOLOGY OVERSIGHT 5 AND REFORM (INCLUDING TRANSFER OF FUNDS) 6 For necessary expenses for the furtherance of inte- 7 grated, efficient, secure, and effective uses of information 8 technology in the Federal Government, $25,000,000, to 9 remain available until expended: Provided, That the Direc10 tor of the Office of Management and Budget may transfer 11 these funds to one or more other agencies to carry out 12 projects to meet these purposes. 13 SPECIAL ASSISTANCE 14 TO THE PRESIDENT SALARIES AND EXPENSES 15 For necessary expenses to enable the Vice President 16 to provide assistance to the President in connection with 17 specially assigned functions; services as authorized by 5 18 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex19 penses as authorized by 3 U.S.C. 106, which shall be ex20 pended and accounted for as provided in that section; and 21 hire of passenger motor vehicles, $4,228,000. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 40 1 OFFICIAL RESIDENCE OF THE VICE PRESIDENT 2 OPERATING EXPENSES 3 (INCLUDING TRANSFER OF FUNDS) 4 For the care, operation, refurnishing, improvement, 5 and to the extent not otherwise provided for, heating and 6 lighting, including electric power and fixtures, of the offi7 cial residence of the Vice President; the hire of passenger 8 motor vehicles; and not to exceed $90,000 pursuant to 3 9 U.S.C. 106(b)(2), $299,000: Provided, That advances, re10 payments, or transfers from this appropriation may be 11 made to any department or agency for expenses of car12 rying out such activities. 13 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF 14 THE TO 15 THE 16 PRESIDENT AND FUNDS APPROPRIATED PRESIDENT (INCLUDING TRANSFER OF FUNDS) 17 SEC. 201. From funds made available in this Act 18 under the headings ‘‘The White House’’, ‘‘Executive Resi19 dence at the White House’’, ‘‘White House Repair and 20 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National 21 Security Council and Homeland Security Council’’, ‘‘Of22 fice of Administration’’, ‘‘Special Assistance to the Presi23 dent’’, and ‘‘Official Residence of the Vice President’’, the 24 Director of the Office of Management and Budget (or 25 such other officer as the President may designate in writ- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 41 1 ing), may, with advance approval of the Committees on 2 Appropriations of the House of Representatives and the 3 Senate, transfer not to exceed 10 percent of any such ap4 propriation to any other such appropriation, to be merged 5 with and available for the same time and for the same 6 purposes as the appropriation to which transferred: Pro7 vided, That the amount of an appropriation shall not be 8 increased by more than 50 percent by such transfers: Pro9 vided further, That no amount shall be transferred from 10 ‘‘Special Assistance to the President’’ or ‘‘Official Resi11 dence of the Vice President’’ without the approval of the 12 Vice President. 13 SEC. 202. Within 90 days after the date of enactment 14 of this section, the Director of the Office of Management 15 and Budget shall submit a report to the Committees on 16 Appropriations of the House of Representatives and the 17 Senate on the costs of implementing the Dodd-Frank Wall 18 Street Reform and Consumer Protection Act (Public Law 19 111–203). Such report shall include— 20 (1) the estimated mandatory and discretionary 21 obligations of funds through fiscal year 2019, by 22 Federal agency and by fiscal year, including— 23 (A) the estimated obligations by cost in- 24 puts such as rent, information technology, con- 25 tracts, and personnel; L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 42 1 (B) the methodology and data sources used 2 to calculate such estimated obligations; and 3 (C) the specific section of such Act that re- 4 quires the obligation of funds; and 5 (2) the estimated receipts through fiscal year 6 2019 from assessments, user fees, and other fees by 7 the Federal agency making the collections, by fiscal 8 year, including— 9 (A) the methodology and data sources used 10 to calculate such estimated collections; and 11 (B) the specific section of such Act that 12 authorizes the collection of funds. 13 SEC. 203. (a) During fiscal year 2017, any Executive 14 order or Presidential memorandum issued or revoked by 15 the President shall be accompanied by a written statement 16 from the Director of the Office of Management and Budg17 et on the budgetary impact, including costs, benefits, and 18 revenues, of such order or memorandum. 19 (b) Any such statement shall include— 20 (1) a narrative summary of the budgetary im- 21 pact of such order or memorandum on the Federal 22 Government; 23 (2) the impact on mandatory and discretionary 24 obligations and outlays as the result of such order 25 or memorandum, listed by Federal agency, for each L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 43 1 year in the 5-fiscal-year period beginning in fiscal 2 year 2017; and 3 (3) the impact on revenues of the Federal Gov- 4 ernment as the result of such order or memorandum 5 over the 5-fiscal-year period beginning in fiscal year 6 2017. 7 (c) If an Executive order or Presidential memo- 8 randum is issued during fiscal year 2017 due to a national 9 emergency, the Director of the Office of Management and 10 Budget may issue the statement required by subsection 11 (a) not later than 15 days after the date that such order 12 or memorandum is issued. 13 SEC. 204. None of the funds made available in this 14 Act may be used to pay the salaries and expenses of any 15 officer or employee of the Executive Office of the Presi16 dent to prepare, sign, or approve statements abrogating 17 legislation passed by the House of Representatives and the 18 Senate and signed by the President. 19 SEC. 205. None of the funds made available by this 20 Act may be used to pay the salaries and expenses of any 21 officer or employee of the Executive Office of the Presi22 dent to prepare or implement an Executive order or Presi23 dential memorandum that contravenes existing law. 24 This title may be cited as the ‘‘Executive Office of 25 the President Appropriations Act, 2017’’. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 44 1 TITLE III 2 THE JUDICIARY 3 SUPREME COURT 4 OF THE UNITED STATES SALARIES AND EXPENSES 5 For expenses necessary for the operation of the Su- 6 preme Court, as required by law, excluding care of the 7 building and grounds, including hire of passenger motor 8 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 9 to exceed $10,000 for official reception and representation 10 expenses; and for miscellaneous expenses, to be expended 11 as the Chief Justice may approve, $76,668,000, of which 12 $1,500,000 shall remain available until expended. 13 In addition, there are appropriated such sums as may 14 be necessary under current law for the salaries of the chief 15 justice and associate justices of the court. 16 CARE OF THE BUILDING AND GROUNDS 17 For such expenditures as may be necessary to enable 18 the Architect of the Capitol to carry out the duties im19 posed upon the Architect by 40 U.S.C. 6111 and 6112, 20 $14,868,000, to remain available until expended. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 45 1 UNITED STATES COURT OF 2 CIRCUIT 3 SALARIES AND EXPENSES 4 APPEALS FOR THE FEDERAL For salaries of officers and employees, and for nec- 5 essary expenses of the court, as authorized by law, 6 $30,108,000. 7 In addition, there are appropriated such sums as may 8 be necessary under current law for the salaries of the chief 9 judge and judges of the court. 10 UNITED STATES COURT 11 OF INTERNATIONAL TRADE SALARIES AND EXPENSES 12 For salaries of officers and employees of the court, 13 services, and necessary expenses of the court, as author14 ized by law, $18,462,000. 15 In addition, there are appropriated such sums as may 16 be necessary under current law for the salaries of the chief 17 judge and judges of the court. 18 COURTS OF APPEALS, DISTRICT COURTS, 19 JUDICIAL SERVICES 20 SALARIES AND EXPENSES 21 AND OTHER For the salaries of judges of the United States Court 22 of Federal Claims, magistrate judges, and all other offi23 cers and employees of the Federal Judiciary not otherwise 24 specifically provided for, necessary expenses of the courts, 25 and the purchase, rental, repair, and cleaning of uniforms L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 46 1 for Probation and Pretrial Services Office staff, as author2 ized by law, $5,010,000,000 (including the purchase of 3 firearms and ammunition); of which not to exceed 4 $27,817,000 shall remain available until expended for 5 space alteration projects and for furniture and furnishings 6 related to new space alteration and construction projects. 7 In addition, there are appropriated such sums as may 8 be necessary under current law for the salaries of circuit 9 and district judges (including judges of the territorial 10 courts of the United States), bankruptcy judges, and jus11 tices and judges retired from office or from regular active 12 service. 13 In addition, for expenses of the United States Court 14 of Federal Claims associated with processing cases under 15 the National Childhood Vaccine Injury Act of 1986 (Pub16 lic Law 99–660), not to exceed $6,260,000, to be appro17 priated from the Vaccine Injury Compensation Trust 18 Fund. 19 DEFENDER SERVICES 20 For the operation of Federal Defender organizations; 21 the compensation and reimbursement of expenses of attor22 neys appointed to represent persons under 18 U.S.C. 23 3006A and 3599, and for the compensation and reim24 bursement of expenses of persons furnishing investigative, 25 expert, and other services for such representations as au- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 47 1 thorized by law; the compensation (in accordance with the 2 maximums under 18 U.S.C. 3006A) and reimbursement 3 of expenses of attorneys appointed to assist the court in 4 criminal cases where the defendant has waived representa5 tion by counsel; the compensation and reimbursement of 6 expenses of attorneys appointed to represent jurors in civil 7 actions for the protection of their employment, as author8 ized by 28 U.S.C. 1875(d)(1); the compensation and reim9 bursement of expenses of attorneys appointed under 18 10 U.S.C. 983(b)(1) in connection with certain judicial civil 11 forfeiture proceedings; the compensation and reimburse12 ment of travel expenses of guardians ad litem appointed 13 under 18 U.S.C. 4100(b); and for necessary training and 14 general administrative expenses, $1,056,326,000, to re15 main available until expended. 16 FEES OF JURORS AND COMMISSIONERS 17 For fees and expenses of jurors as authorized by 28 18 U.S.C. 1871 and 1876; compensation of jury commis19 sioners as authorized by 28 U.S.C. 1863; and compensa20 tion of commissioners appointed in condemnation cases 21 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro22 cedure (28 U.S.C. Appendix Rule 71.1(h)), $43,723,000, 23 to remain available until expended: Provided, That the 24 compensation of land commissioners shall not exceed the L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 48 1 daily equivalent of the highest rate payable under 5 U.S.C. 2 5332. 3 COURT SECURITY 4 (INCLUDING TRANSFERS OF FUNDS) 5 For necessary expenses, not otherwise provided for, 6 incident to the provision of protective guard services for 7 United States courthouses and other facilities housing 8 Federal court operations, and the procurement, installa9 tion, and maintenance of security systems and equipment 10 for United States courthouses and other facilities housing 11 Federal court operations, including building ingress-egress 12 control, inspection of mail and packages, directed security 13 patrols, perimeter security, basic security services provided 14 by the Federal Protective Service, and other similar activi15 ties as authorized by section 1010 of the Judicial Improve16 ment and Access to Justice Act (Public Law 100–702), 17 $565,388,000, of which not to exceed $20,000,000 shall 18 remain available until expended, to be expended directly 19 or transferred to the United States Marshals Service, 20 which shall be responsible for administering the Judicial 21 Facility Security Program consistent with standards or 22 guidelines agreed to by the Director of the Administrative 23 Office of the United States Courts and the Attorney Gen24 eral. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 49 1 ADMINISTRATIVE OFFICE OF THE UNITED STATES 2 COURTS 3 SALARIES AND EXPENSES 4 For necessary expenses of the Administrative Office 5 of the United States Courts as authorized by law, includ6 ing travel as authorized by 31 U.S.C. 1345, hire of a pas7 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 8 advertising and rent in the District of Columbia and else9 where, $87,500,000, of which not to exceed $8,500 is au10 thorized for official reception and representation expenses. 11 FEDERAL JUDICIAL CENTER 12 SALARIES AND EXPENSES 13 For necessary expenses of the Federal Judicial Cen- 14 ter, as authorized by Public Law 90–219, $28,200,000; 15 of which $1,800,000 shall remain available through Sep16 tember 30, 2018, to provide education and training to 17 Federal court personnel; and of which not to exceed 18 $1,500 is authorized for official reception and representa19 tion expenses. 20 UNITED STATES SENTENCING COMMISSION 21 SALARIES AND EXPENSES 22 For the salaries and expenses necessary to carry out 23 the provisions of chapter 58 of title 28, United States 24 Code, $18,000,000, of which not to exceed $1,000 is au25 thorized for official reception and representation expenses. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 50 1 ADMINISTRATIVE PROVISIONS—THE JUDICIARY 2 (INCLUDING TRANSFER OF FUNDS) 3 SEC. 301. Appropriations and authorizations made in 4 this title which are available for salaries and expenses shall 5 be available for services as authorized by 5 U.S.C. 3109. 6 SEC. 302. Not to exceed 5 percent of any appropria- 7 tion made available for the current fiscal year for the Judi8 ciary in this Act may be transferred between such appro9 priations, but no such appropriation, except ‘‘Courts of 10 Appeals, District Courts, and Other Judicial Services, De11 fender Services’’ and ‘‘Courts of Appeals, District Courts, 12 and Other Judicial Services, Fees of Jurors and Commis13 sioners’’, shall be increased by more than 10 percent by 14 any such transfers: Provided, That any transfer pursuant 15 to this section shall be treated as a reprogramming of 16 funds under sections 604 and 608 of this Act and shall 17 not be available for obligation or expenditure except in 18 compliance with the procedures set forth in section 608. 19 SEC. 303. Notwithstanding any other provision of 20 law, the salaries and expenses appropriation for ‘‘Courts 21 of Appeals, District Courts, and Other Judicial Services’’ 22 shall be available for official reception and representation 23 expenses of the Judicial Conference of the United States: 24 Provided, That such available funds shall not exceed 25 $11,000 and shall be administered by the Director of the L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 51 1 Administrative Office of the United States Courts in the 2 capacity as Secretary of the Judicial Conference. 3 SEC. 304. Section 3314(a) of title 40, United States 4 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec5 utive’’ each place it appears. 6 SEC. 305. In accordance with 28 U.S.C. 561–569, 7 and notwithstanding any other provision of law, the 8 United States Marshals Service shall provide, for such 9 courthouses as its Director may designate in consultation 10 with the Director of the Administrative Office of the 11 United States Courts, for purposes of a pilot program, the 12 security services that 40 U.S.C. 1315 authorizes the De13 partment of Homeland Security to provide, except for the 14 services specified in 40 U.S.C. 1315(b)(2)(E). For build15 ing-specific security services at these courthouses, the Di16 rector of the Administrative Office of the United States 17 Courts shall reimburse the United States Marshals Service 18 rather than the Department of Homeland Security. 19 SEC. 306. (a) Section 203(c) of the Judicial Improve- 20 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 21 note), is amended in the second sentence (relating to the 22 District of Kansas) following paragraph (12), by striking 23 ‘‘25 years and 6 months’’ and inserting ‘‘26 years and 24 6 months’’. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 52 1 (b) Section 406 of the Transportation, Treasury, 2 Housing and Urban Development, the Judiciary, the Dis3 trict of Columbia, and Independent Agencies Appropria4 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470; 5 28 U.S.C. 133 note) is amended in the second sentence 6 (relating to the eastern District of Missouri) by striking 7 ‘‘23 years and 6 months’’ and inserting ‘‘24 years and 8 6 months’’. 9 (c) Section 312(c)(2) of the 21st Century Depart- 10 ment of Justice Appropriations Authorization Act (Public 11 Law 107–273; 28 U.S.C. 133 note), is amended— 12 (1) in the first sentence by striking ‘‘14 years’’ 13 and inserting ‘‘15 years’’; 14 (2) in the second sentence (relating to the cen- 15 tral District of California), by striking ‘‘13 years 16 and 6 months’’ and inserting ‘‘14 years and 6 17 months’’; and 18 (3) in the third sentence (relating to the west- 19 ern district of North Carolina), by striking ‘‘12 20 years’’ and inserting ‘‘13 years’’. 21 SEC. 307. (a) Section 1871(b) of title 28, United 22 States Code, is amended in paragraph (1) by striking 23 ‘‘$40’’ and inserting ‘‘$50’’. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 53 1 (b) EFFECTIVE DATE.— The amendment made 2 in subsection (a) shall take effect 45 days after the date 3 of enactment of this Act. 4 SEC. 308. (a) Section 2(a)(2)(A) of the Temporary 5 Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 6 152 note; Public Law 112-121) is amended by striking 7 ‘‘subparagraphs (B), (C), (D), and (E)’’ and inserting 8 ‘‘subparagraphs (B), (C), (D), (E), (F), (G), and (H)’’. 9 (b) Section 2(a)(2) of the Temporary Bankruptcy 10 Judgeships Extension Act of 2012 (28 U.S.C. 152 note; 11 Public Law 112-121) is amended by adding at the end 12 the following: 13 ‘‘(F) EASTERN DISTRICT OF MICHIGAN.— 14 The 1st vacancy in the office of a bankruptcy 15 judge for the eastern district of Michigan— 16 ‘‘(i) occurring 6 years or more after 17 the date of the enactment of this Act, and 18 ‘‘(ii) resulting from the death, retire- 19 ment, resignation, or removal of a bank- 20 ruptcy judge, 21 shall not be filled. 22 ‘‘(G) DISTRICT OF PUERTO RICO.—The 1st 23 vacancy in the office of a bankruptcy judge for 24 the district of Puerto Rico— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 54 1 ‘‘(i) occurring 6 years or more after 2 the date of the enactment of this Act, and 3 ‘‘(ii) resulting from the death, retire- 4 ment, resignation, or removal of a bank- 5 ruptcy judge, 6 shall not be filled. 7 ‘‘(H) EASTERN DISTRICT OF VIRGINIA.— 8 The 1st vacancy in the office of a bankruptcy 9 judge for the eastern district of Virginia— 10 ‘‘(i) occurring 6 years or more after 11 the date of the enactment of this Act, and 12 ‘‘(ii) resulting from the death, retire- 13 ment, resignation, or removal of a bank- 14 ruptcy judge, 15 shall not be filled.’’. 16 (c) Section 2(a)(2)(C) of the Temporary Bankruptcy 17 Judgeships Extension Act of 2012 (28 U.S.C. 152 note; 18 Public Law 112-121) is amended— 19 (1) by redesignating clauses (i) and (ii) as 20 clauses (ii) and (iii), respectively; 21 (2) by inserting before clause (ii), as so redesig- 22 nated, the following: 23 ‘‘(i) in the case of the 1st and 2d va- 24 cancies, occurring more than 6 years after L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 55 1 the date of the enactment of this Act,’’; 2 and 3 (3) in clause (ii), as so redesignated, by insert- 4 ing ‘‘in the case of the 3d and 4th vacancies,’’ before 5 ‘‘occurring more than 5 years’’. 6 (d) Section 2(a)(2)(D)(i) of the Temporary Bank- 7 ruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 8 note; Public Law 112-121) is amended (with regard to the 9 1st and 2d vacancies in the southern district of Florida) 10 by striking ‘‘5 years’’ and inserting ‘‘6 years’’. 11 This title may be cited as the ‘‘Judiciary Appropria- 12 tions Act, 2017’’. 13 TITLE IV 14 DISTRICT OF COLUMBIA 15 FEDERAL FUNDS 16 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT 17 For a Federal payment to the District of Columbia, 18 to be deposited into a dedicated account, for a nationwide 19 program to be administered by the Mayor, for District of 20 Columbia resident tuition support, $20,000,000, to remain 21 available until expended: Provided, That such funds, in22 cluding any interest accrued thereon, may be used on be23 half of eligible District of Columbia residents to pay an 24 amount based upon the difference between in-State and 25 out-of-State tuition at public institutions of higher edu- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 56 1 cation, or to pay up to $2,500 each year at eligible private 2 institutions of higher education: Provided further, That the 3 awarding of such funds may be prioritized on the basis 4 of a resident’s academic merit, the income and need of 5 eligible students and such other factors as may be author6 ized: Provided further, That the District of Columbia gov7 ernment shall maintain a dedicated account for the Resi8 dent Tuition Support Program that shall consist of the 9 Federal funds appropriated to the Program in this Act 10 and any subsequent appropriations, any unobligated bal11 ances from prior fiscal years, and any interest earned in 12 this or any fiscal year: Provided further, That the account 13 shall be under the control of the District of Columbia 14 Chief Financial Officer, who shall use those funds solely 15 for the purposes of carrying out the Resident Tuition Sup16 port Program: Provided further, That the Office of the 17 Chief Financial Officer shall provide a quarterly financial 18 report to the Committees on Appropriations of the House 19 of Representatives and the Senate for these funds show20 ing, by object class, the expenditures made and the pur21 pose therefor. 22 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND 23 SECURITY COSTS IN THE DISTRICT OF COLUMBIA 24 For a Federal payment of necessary expenses, as de- 25 termined by the Mayor of the District of Columbia in writ- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 57 1 ten consultation with the elected county or city officials 2 of surrounding jurisdictions, $40,000,000, to remain 3 available until expended, for the costs of providing public 4 safety at events related to the presence of the National 5 Capital in the District of Columbia, including support re6 quested by the Director of the United States Secret Serv7 ice in carrying out protective duties under the direction 8 of the Secretary of Homeland Security, and for the costs 9 of providing support to respond to immediate and specific 10 terrorist threats or attacks in the District of Columbia or 11 surrounding jurisdictions. 12 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 13 COURTS 14 For salaries and expenses for the District of Colum- 15 bia Courts, $274,541,000 to be allocated as follows: for 16 the District of Columbia Court of Appeals, $14,303,000, 17 of which not to exceed $2,500 is for official reception and 18 representation expenses; for the Superior Court of the 19 District of Columbia, $124,800,000, of which not to ex20 ceed $2,500 is for official reception and representation ex21 penses; for the District of Columbia Court System, 22 $74,783,000, of which not to exceed $2,500 is for official 23 reception and representation expenses; and $60,655,000, 24 to remain available until September 30, 2018, for capital 25 improvements for District of Columbia courthouse facili- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 58 1 ties: Provided, That funds made available for capital im2 provements shall be expended consistent with the District 3 of Columbia Courts master plan study and facilities condi4 tion assessment: Provided further, That notwithstanding 5 any other provision of law, all amounts under this heading 6 shall be apportioned quarterly by the Office of Manage7 ment and Budget and obligated and expended in the same 8 manner as funds appropriated for salaries and expenses 9 of other Federal agencies: Provided further, That 30 days 10 after providing written notice to the Committees on Ap11 propriations of the House of Representatives and the Sen12 ate, the District of Columbia Courts may reallocate not 13 more than $6,000,000 of the funds provided under this 14 heading among the items and entities funded under this 15 heading: Provided further, That the Joint Committee on 16 Judicial Administration in the District of Columbia may, 17 by regulation, establish a program substantially similar to 18 the program set forth in subchapter II of chapter 35 of 19 title 5, United States Code, for employees of the District 20 of Columbia Courts. 21 FEDERAL PAYMENT FOR DEFENDER SERVICES IN THE 22 DISTRICT OF COLUMBIA COURTS 23 For payments authorized under section 11–2604 and 24 section 11–2605, D.C. Official Code (relating to represen25 tation provided under the District of Columbia Criminal L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 59 1 Justice Act), payments for counsel appointed in pro2 ceedings in the Family Court of the Superior Court of the 3 District of Columbia under chapter 23 of title 16, D.C. 4 Official Code, or pursuant to contractual agreements to 5 provide guardian ad litem representation, training, tech6 nical assistance, and such other services as are necessary 7 to improve the quality of guardian ad litem representation, 8 payments for counsel appointed in adoption proceedings 9 under chapter 3 of title 16, D.C. Official Code, and pay10 ments authorized under section 21–2060, D.C. Official 11 Code (relating to services provided under the District of 12 Columbia Guardianship, Protective Proceedings, and Du13 rable Power of Attorney Act of 1986), $49,890,000, to 14 remain available until expended: Provided, That funds 15 provided under this heading shall be administered by the 16 Joint Committee on Judicial Administration in the Dis17 trict of Columbia: Provided further, That, notwithstanding 18 any other provision of law, this appropriation shall be ap19 portioned quarterly by the Office of Management and 20 Budget and obligated and expended in the same manner 21 as funds appropriated for expenses of other Federal agen22 cies. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 60 1 FEDERAL PAYMENT TO THE COURT SERVICES AND OF- 2 FENDER SUPERVISION AGENCY FOR THE DISTRICT 3 OF COLUMBIA 4 For salaries and expenses, including the transfer and 5 hire of motor vehicles, of the Court Services and Offender 6 Supervision Agency for the District of Columbia, as au7 thorized by the National Capital Revitalization and Self8 Government Improvement Act of 1997, $246,386,000, of 9 which not to exceed $2,000 is for official reception and 10 representation expenses related to Community Supervision 11 and Pretrial Services Agency programs, of which not to 12 exceed $25,000 is for dues and assessments relating to 13 the implementation of the Court Services and Offender 14 Supervision Agency Interstate Supervision Act of 2002; 15 of which $182,564,000 shall be for necessary expenses of 16 Community Supervision and Sex Offender Registration, to 17 include expenses relating to the supervision of adults sub18 ject to protection orders or the provision of services for 19 or related to such persons; and of which $63,822,000 shall 20 be available to the Pretrial Services Agency: Provided, 21 That notwithstanding any other provision of law, all 22 amounts under this heading shall be apportioned quarterly 23 by the Office of Management and Budget and obligated 24 and expended in the same manner as funds appropriated 25 for salaries and expenses of other Federal agencies: Pro- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 61 1 vided further, That amounts under this heading may be 2 used for programmatic incentives for defendants to suc3 cessfully complete their terms of supervision. 4 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 5 PUBLIC DEFENDER SERVICE 6 For salaries and expenses, including the transfer and 7 hire of motor vehicles, of the District of Columbia Public 8 Defender Service, as authorized by the National Capital 9 Revitalization and Self-Government Improvement Act of 10 1997, $41,359,000: Provided, That notwithstanding any 11 other provision of law, all amounts under this heading 12 shall be apportioned quarterly by the Office of Manage13 ment and Budget and obligated and expended in the same 14 manner as funds appropriated for salaries and expenses 15 of Federal agencies. 16 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE 17 COORDINATING COUNCIL 18 For a Federal payment to the Criminal Justice Co- 19 ordinating Council, $2,000,000, to remain available until 20 expended, to support initiatives related to the coordination 21 of Federal and local criminal justice resources in the Dis22 trict of Columbia. 23 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS 24 For a Federal payment, to remain available until 25 September 30, 2018, to the Commission on Judicial Dis- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 62 1 abilities and Tenure, $310,000, and for the Judicial Nomi2 nation Commission, $275,000. 3 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT 4 For a Federal payment for a school improvement pro- 5 gram in the District of Columbia, $45,000,000, to remain 6 available until expended, for payments authorized under 7 the Scholarship for Opportunity and Results Act (division 8 C of Public Law 112–10): Provided, That, to the extent 9 that funds are available for opportunity scholarships and 10 following the priorities included in section 3006 of such 11 Act, the Secretary of Education shall make scholarships 12 available to students eligible under section 3013(3) of such 13 Act (Public Law 112–10; 125 Stat. 211) including stu14 dents who were not offered a scholarship during any pre15 vious school year: Provided further, That within funds pro16 vided for opportunity scholarships $3,200,000 shall be for 17 the activities specified in sections 3007(b) through 18 3007(d) and 3009 of the Act. 19 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA 20 NATIONAL GUARD 21 For a Federal payment to the District of Columbia 22 National Guard, $450,000, to remain available until ex23 pended for the Major General David F. Wherley, Jr. Dis24 trict of Columbia National Guard Retention and College 25 Access Program. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 63 1 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF 2 HIV/AIDS 3 For a Federal payment to the District of Columbia 4 for the testing of individuals for, and the treatment of in5 dividuals with, human immunodeficiency virus and ac6 quired immunodeficiency syndrome in the District of Co7 lumbia, $5,000,000. 8 DISTRICT 9 OF COLUMBIA FUNDS Local funds are appropriated for the District of Co- 10 lumbia for the current fiscal year out of the General Fund 11 of the District of Columbia (‘‘General Fund’’) for pro12 grams and activities set forth under the heading ‘‘Part 13 A--Summary of Expenses’’ and at the rate set forth under 14 such heading, as included in D.C. Bill 21-668, as amended 15 as of the date of the enactment of this Act: Provided, That 16 notwithstanding any other provision of law, except as pro17 vided in section 450A of the District of Columbia Home 18 Rule Act (section 1–204.50a, D.C. Official Code), sections 19 816 and 817 of the Financial Services and General Gov20 ernment Appropriations Act, 2009 (secs. 47–369.01 and 21 47–369.02, D.C. Official Code), and provisions of this Act, 22 the total amount appropriated in this Act for operating 23 expenses for the District of Columbia for fiscal year 2017 24 under this heading shall not exceed the estimates included 25 in D.C. Bill 21-668, as amended as of the date of the L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 64 1 enactment of this Act, or the sum of the total revenues 2 of the District of Columbia for such fiscal year: Provided 3 further, That the amount appropriated may be increased 4 by proceeds of one-time transactions, which are expended 5 for emergency or unanticipated operating or capital needs: 6 Provided further, That such increases shall be approved 7 by enactment of local District law and shall comply with 8 all reserve requirements contained in the District of Co9 lumbia Home Rule Act: Provided further, That the Chief 10 Financial Officer of the District of Columbia shall take 11 such steps as are necessary to assure that the District of 12 Columbia meets these requirements, including the appor13 tioning by the Chief Financial Officer of the appropria14 tions and funds made available to the District during fis15 cal year 2017, except that the Chief Financial Officer may 16 not reprogram for operating expenses any funds derived 17 from bonds, notes, or other obligations issued for capital 18 projects: Provided further, That the Fiscal Year 2017 19 Local Budget Act is repealed. 20 This title may be cited as the ‘‘District of Columbia 21 Appropriations Act, 2017’’. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 65 1 TITLE V 2 INDEPENDENT AGENCIES 3 ADMINISTRATIVE CONFERENCE 4 OF THE UNITED STATES SALARIES AND EXPENSES 5 For necessary expenses of the Administrative Con- 6 ference of the United States, authorized by 5 U.S.C. 591 7 et seq., $3,100,000, to remain available until September 8 30, 2018, of which not to exceed $1,000 is for official re9 ception and representation expenses. 10 BUREAU OF CONSUMER FINANCIAL PROTECTION 11 ADMINISTRATIVE PROVISIONS 12 SEC. 501. Section 1017(a)(2)(C) of Public Law 111– 13 203 is repealed. 14 SEC. 502. Effective October 1, 2017, notwithstanding 15 section 1017 of Public Law 111–203— 16 (1) the Board of Governors of the Federal Re- 17 serve System shall not transfer amounts specified 18 under such section to the Bureau of Consumer Fi- 19 nancial Protection; and 20 (2) there are authorized to be appropriated to 21 the Bureau of Consumer Financial Protection such 22 sums as may be necessary to carry out the authori- 23 ties of the Bureau under Federal consumer financial 24 law. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 66 1 SEC. 503. (a) During fiscal year 2017, on the date 2 on which a request is made for a transfer of funds in ac3 cordance with section 1017 of Public Law 111–203, the 4 Bureau of Consumer Financial Protection shall notify the 5 Committees on Appropriations of the House of Represent6 atives and the Senate, the Committee on Financial Serv7 ices of the House of Representatives, and the Committee 8 on Banking, Housing, and Urban Affairs of the Senate 9 of such request. 10 (b)(1) Any such notification shall include the amount 11 of the funds requested, an explanation of how the funds 12 will be obligated by object class and activity, and why the 13 funds are necessary to protect consumers. 14 (2) Any notification required by this section shall be 15 made available on the Bureau’s public Web site. 16 SEC. 504. (a) Not later than 2 weeks after the end 17 of each quarter of each fiscal year, the Bureau of Con18 sumer Financial Protection shall submit a report on its 19 activities to the Committees on Appropriations of the 20 House of Representatives and the Senate, the Committee 21 on Financial Services of the House of Representatives, 22 and the Committee on Banking, Housing, and Urban Af23 fairs of the Senate. 24 (b) The reports required under subsection (a) shall 25 include— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 67 1 (1) the obligations made during the previous 2 quarter by object class, office, and activity; 3 (2) the estimated obligations for the remainder 4 of the fiscal year by object class, office, and activity; 5 (3) the number of full-time equivalents within 6 each office during the previous quarter; 7 (4) the estimated number of full-time equiva- 8 lents within each office for the remainder of the fis- 9 cal year; and 10 (5) actions taken to achieve the goals, objec- 11 tives, and performance measures of each office. 12 (c) At the request of any committee specified in sub- 13 section (a), the Bureau of Consumer Financial Protection 14 shall make Bureau officials available to testify on the con15 tents of the reports required under subsection (a). 16 SEC. 505. (a) IN GENERAL.—Section 1011 of the 17 Consumer Financial Protection Act of 2010 (12 U.S.C. 18 5491) is amended— 19 (1) by striking subsections (b), (c), and (d); 20 (2) by redesignating subsection (e) as sub- 21 section (c); and 22 (3) by inserting after subsection (a) the fol- 23 lowing: 24 ‘‘(b) MANAGEMENT OF THE BUREAU.— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 68 1 ‘‘(1) IN GENERAL.—The management of the 2 Bureau shall be vested in a Board of Directors con- 3 sisting of 5 members, who shall be appointed by the 4 President, by and with the advice and consent of the 5 Senate, from among individuals who— 6 ‘‘(A) are citizens of the United States; and 7 ‘‘(B) have developed strong competency 8 and understanding of, and have experience 9 working with, financial products and services. 10 ‘‘(2) TERMS.— 11 ‘‘(A) IN GENERAL.—Except as provided in 12 subparagraph (B), each member of the Board, 13 including the Chairperson, shall serve for a 14 term of 5 years. 15 ‘‘(B) STAGGERED TERMS.—The members 16 of the Board shall serve staggered terms, which 17 shall initially be for terms of 1, 2, 3, 4, and 5 18 years, respectively, and such members shall be 19 appointed such that, after the appointments of 20 the initial 5 members of the Board, members of 21 different political parties are appointed alter- 22 nately. 23 ‘‘(C) REMOVAL.—The President may re- 24 move any member of the Board for inefficiency, 25 neglect of duty, or malfeasance in office. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 69 1 ‘‘(D) VACANCIES.—Any member of the 2 Board appointed to fill a vacancy occurring be- 3 fore the expiration of the term to which the 4 predecessor of that member was appointed (in- 5 cluding the Chairperson) shall be appointed 6 only for the remainder of the term. 7 ‘‘(E) CONTINUATION OF SERVICE.—Each 8 member of the Board may continue to serve 9 after the expiration of the term of office to 10 which that member was appointed until a suc- 11 cessor has been appointed by the President and 12 confirmed by the Senate, except that a member 13 may not continue to serve more than 1 year 14 after the date on which the term of that mem- 15 ber would otherwise expire. 16 ‘‘(F) SUCCESSIVE TERMS.—A member of 17 the Board may not be reappointed to a second 18 consecutive term, except that an initial member 19 of the Board appointed for less than a 5-year 20 term may be reappointed to a full 5-year term 21 and a future member appointed to fill an unex- 22 pired term may be reappointed for a full 5-year 23 term. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 70 1 ‘‘(3) AFFILIATION.—Not more than 3 members 2 of the Board shall be members of any 1 political 3 party. 4 ‘‘(4) CHAIRPERSON OF THE BOARD.— 5 ‘‘(A) APPOINTMENT.—The President shall 6 appoint 1 of the 5 members of the Board to 7 serve as Chairperson of the Board. 8 ‘‘(B) AUTHORITY.—The Chairperson shall 9 be the principal executive officer of the Bureau, 10 and shall exercise all of the executive and ad- 11 ministrative functions of the Bureau, including 12 with respect to— 13 ‘‘(i) the supervision of personnel em- 14 ployed by the Bureau (other than per- 15 sonnel employed regularly and full time in 16 the immediate offices of members of the 17 Board other than the Chairperson); 18 ‘‘(ii) the distribution of business 19 among personnel appointed and supervised 20 by the Chairperson and among administra- 21 tive units of the Bureau; and 22 ‘‘(iii) the use and expenditure of 23 funds. 24 ‘‘(C) LIMITATION.—In carrying out any of 25 the functions of the Chairperson under this L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 71 1 paragraph, the Chairperson shall be governed 2 by general policies of the Bureau and by such 3 regulatory decisions, findings, and determina- 4 tions as the Bureau may by law be authorized 5 to make. 6 ‘‘(D) REQUESTS OR ESTIMATES RELATED 7 TO APPROPRIATIONS.—Any 8 for regular, supplemental, or deficiency appro- 9 priations on behalf of the Bureau, including any 10 request for a transfer of funds under section 11 1017(a), may not be submitted by the Chair- 12 person without the prior approval of the Board. 13 ‘‘(E) VACANCY.—The President may des- 14 ignate a member of the Board to serve as Act- 15 ing Chairperson in the event of a vacancy in the 16 office of the Chairperson. 17 ‘‘(5) COMPENSATION.— 18 ‘‘(A) request or estimate CHAIRPERSON.—The Chairperson 19 shall receive compensation at the rate pre- 20 scribed for level I of the Executive Schedule 21 under section 5312 of title 5, United States 22 Code. 23 ‘‘(B) OTHER MEMBERS OF THE BOARD.— 24 The 4 members of the Board other than the 25 Chairperson shall each receive compensation at L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 72 1 the rate prescribed for level II of the Executive 2 Schedule under section 5313 of title 5, United 3 States Code. 4 ‘‘(6) OTHER EMPLOYMENT PROHIBITED.—A 5 member of the Board may not engage in any other 6 business, vocation, or employment.’’. 7 (b) TECHNICAL 8 (1) CONSUMER 9 2010.—The 10 CONFORMING AMENDMENTS.— AND FINANCIAL PROTECTION ACT OF Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended— 11 (A) in section 1002 (12 U.S.C. 5481)— 12 (i) by striking paragraph (10) and in- 13 serting: 14 ‘‘(10) BOARD.—The term ‘Board’ means the 15 Board of Directors of the Bureau of Consumer Fi- 16 nancial Protection.’’; and 17 (ii) by inserting after paragraph (29) 18 the following: 19 ‘‘(30) CHAIRPERSON.—The term ‘Chairperson’ 20 means the Chairperson of the Board of Directors of 21 the Bureau of Consumer Financial Protection.’’; 22 (B) in section 1012 (12 U.S.C. 5492)— 23 (i) in subsection (a)(8), by striking 24 ‘‘appointed and supervised by the Direc- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 73 1 tor’’ and inserting ‘‘appointed by the 2 Board and supervised by the Chairperson’’; 3 (ii) in subsection (b), by striking ‘‘Di- 4 rector’’ and inserting ‘‘Board’’; and 5 (iii) in subsection (c)— 6 (I) in paragraph (2)(A), by strik- 7 ing 8 ‘‘Board’’; and ‘‘Director’’ and inserting 9 (II) in paragraph (4), by striking 10 ‘‘the Director’’ each place that term 11 appears and inserting ‘‘any member of 12 the Board’’; 13 (C) in section 1013 (12 U.S.C. 5493)— 14 (i) in subsections (a), (b), (d), and 15 (e), by striking ‘‘Director’’ each place that 16 term appears and inserting ‘‘Board’’; 17 (ii) in subsection (c)— 18 (I) in paragraphs (1) and (2), by 19 striking ‘‘Director’’ each place that 20 term appears and inserting ‘‘Board’’; 21 and 22 (II) in paragraph (3)— 23 (aa) by striking ‘‘Assistant 24 Director’’ each place that term L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 74 1 appears and inserting ‘‘Head of 2 Office’’; and 3 (bb) by striking ‘‘the Direc- 4 tor’’ each place that term ap- 5 pears and inserting ‘‘the Board’’; 6 (iii) in subsection (g)— 7 (I) in paragraph (1), by striking 8 ‘‘Director’’ and inserting ‘‘Board’’; 9 and 10 (II) in paragraph (2)— 11 (aa) in the paragraph head- 12 ing, by striking ‘‘ASSISTANT 13 RECTOR’’ 14 OF THE OFFICE’’; DI- and inserting ‘‘HEAD and 15 (bb) by striking ‘‘an assist- 16 ant director’’ and inserting ‘‘the 17 Head of the Office of Financial 18 Protection for Older Americans’’; 19 (D) in section 1014 (12 U.S.C. 5494), by 20 striking ‘‘Director’’ each place that term ap- 21 pears and inserting ‘‘Board’’; 22 (E) in section 1016(a) (12 U.S.C. 23 5496(a)), by striking ‘‘Director of the Bureau’’ 24 and inserting ‘‘Chairperson’’; 25 (F) in section 1017— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 75 1 (i) in subsection (a)— 2 (I) in paragraph (1), by striking 3 ‘‘Director’’ and inserting ‘‘Board’’; 4 (II) in paragraph (4)— 5 (aa) in subparagraph (A)— 6 (AA) by striking ‘‘Di- 7 rector shall’’ and inserting 8 ‘‘Board shall’’; 9 (BB) by striking ‘‘Di- 10 rector,’’ 11 ‘‘Board,’’; and and inserting 12 (CC) by striking ‘‘Di- 13 rector in’’ each place that 14 term appears and inserting 15 ‘‘Board in’’; 16 (bb) in subparagraph (D), 17 by striking ‘‘Director’’ and in- 18 serting ‘‘Board’’; and 19 (cc) in subparagraph (E), by 20 striking ‘‘Director to’’ and insert- 21 ing ‘‘Board to’’; and 22 (III) in paragraph (5)(C), by 23 striking ‘‘Director of the Bureau’’ and 24 inserting ‘‘Chairperson’’; 25 (ii) in subsection (c)(1)— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 76 1 (I) by striking ‘‘Director,’’ and 2 inserting ‘‘Board,’’; and 3 (II) by striking ‘‘Director and’’ 4 and inserting ‘‘the members of the 5 Board and’’; and 6 (iii) in subsection (e), by striking ‘‘Di- 7 rector’’ each place that term appears and 8 inserting ‘‘Board’’; 9 (G) in subtitles B (12 U.S.C. 5511 et 10 seq.), C (12 U.S.C. 5531 et seq.), and G (12 11 U.S.C. 5601 et seq.), by striking ‘‘Director’’ 12 each place that term appears and inserting 13 ‘‘Board’’; 14 (H) in section 1061(c)(2)(C)(i) (12 U.S.C. 15 5581(c)(2)(C)(i)), by striking ‘‘the Board’’ and 16 inserting ‘‘the National Credit Union Adminis- 17 tration Board’’; and 18 (I) in section 1066(a) (12 U.S.C. 5586(a)), 19 by inserting ‘‘first’’ before ‘‘Director’’. 20 (2) FINANCIAL STABILITY ACT OF 2010.—Sec- 21 tion 111(b)(1)(D) of the Financial Stability Act of 22 2010 (12 U.S.C. 5321(b)(1)(D)) is amended by 23 striking ‘‘Director of the Bureau’’ and inserting 24 ‘‘Chairperson of the Board of Directors of the Bu- 25 reau’’. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 77 1 (3) MORTGAGE 2 LENDING ACT.—Section 3 form and Anti-Predatory Lending Act (12 U.S.C. 4 1701p–2) is amended by striking ‘‘Director’’ each 5 place the term appears and inserting ‘‘Board of Di- 6 rectors’’. 7 REFORM AND ANTI-PREDATORY (4) ELECTRONIC 1447 of the Mortgage Re- FUND TRANSFER ACT.—Sec- 8 tion 920(a)(4)(C) of the Electronic Fund Transfer 9 Act (15 U.S.C. 1693o–2(a)(4)(C)) is amended by 10 striking ‘‘Director of the Bureau’’ and inserting 11 ‘‘Board of Directors of the Bureau’’. 12 (5) EXPEDITED FUNDS AVAILABILITY ACT.— 13 The Expedited Funds Availability Act (12 U.S.C. 14 4001 et seq.) is amended by striking ‘‘Director of 15 the Bureau’’ each place that term appears and in- 16 serting ‘‘Board of Directors of the Bureau’’. 17 (6) FEDERAL DEPOSIT INSURANCE ACT.—Sec- 18 tion 2 of the Federal Deposit Insurance Act (12 19 U.S.C. 1812) is amended— 20 (A) by striking ‘‘Director of the Consumer 21 Financial Protection Bureau’’ each place that 22 term appears and inserting ‘‘Chairperson of the 23 Board of Directors of the Bureau of Consumer 24 Financial Protection’’; and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 78 1 (B) in subsection (d)(2), by striking 2 ‘‘Comptroller 3 ‘‘Comptroller or Chairperson’’. 4 (7) FEDERAL or Director’’ and inserting FINANCIAL INSTITUTIONS EXAM- 5 INATION COUNCIL ACT OF 1978.—Section 6 of the Federal Financial Institutions Examination 7 Council Act of 1978 (12 U.S.C. 3303(a)(4)) is 8 amended by striking ‘‘Director of the Consumer Fi- 9 nancial Protection Bureau’’ and inserting ‘‘Chair- 10 person of the Board of Directors of the Bureau of 11 Consumer Financial Protection’’. 12 (8) FINANCIAL 1004(a)(4) LITERACY AND EDUCATION IM- 13 PROVEMENT ACT.—Section 14 eracy and Education Improvement Act (20 U.S.C. 15 9702) is amended by striking ‘‘Director’’ each place 16 that term appears and inserting ‘‘Chairperson of the 17 Board of Directors’’. 18 (9) HOME 513 of the Financial Lit- MORTGAGE DISCLOSURE ACT OF 19 1975.—Section 20 sure Act of 1975 (12 U.S.C. 2806) is amended by 21 striking ‘‘Director of the Bureau of Consumer’’ each 22 place that term appears and inserting ‘‘Board of Di- 23 rectors of the Bureau of Consumer’’. 307 of the Home Mortgage Disclo- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 79 1 (10) INTERSTATE LAND SALES FULL DISCLO- 2 SURE ACT.—The 3 sure Act (15 U.S.C. 1701 et seq.) is amended— 4 (A) in Interstate Land Sales Full Disclo- section 1402(1) (15 U.S.C. 5 1701(1)), by striking ‘‘ ‘Director’ means the Di- 6 rector’’ and inserting ‘‘ ‘Board’ means the 7 Board of Directors’’; 8 (B) by striking ‘‘Director’’ each place that 9 term appears and inserting ‘‘Board’’; 10 (C) 11 in section 1403(c) (15 U.S.C. 1702(c))— 12 (i) by striking ‘‘by him’’ and inserting 13 ‘‘by the Board’’; and 14 (ii) by striking ‘‘he’’ and inserting 15 ‘‘the Board’’; 16 (D) in section 1407 (15 U.S.C. 1706)— 17 (i) in subsection (c), by striking ‘‘he’’ 18 and inserting ‘‘the Board’’; and 19 (ii) in subsection (e), by striking 20 ‘‘him’’ and inserting ‘‘the Board’’; 21 (E) in section 1411 (15 U.S.C. 1710)— 22 (i) in subsection (a)— 23 (I) by striking ‘‘his findings’’ and 24 inserting ‘‘its finding’’; and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 80 1 (II) by striking ‘‘his rec- 2 ommendation’’ and inserting ‘‘a rec- 3 ommendation’’; and 4 (ii) in subsection (b), by striking 5 ‘‘Secretary’s order’’ and inserting ‘‘order of 6 the Board’’; 7 (F) in section 1415 (15 U.S.C. 1714)— 8 (i) by striking ‘‘him’’ each place that 9 term appears and inserting ‘‘the Board’’; 10 (ii) in subsection (a), by striking ‘‘he 11 may, in his discretion’’ and inserting ‘‘the 12 Board may, at the discretion of the 13 Board’’; 14 (iii) in subsection (b), by striking 15 ‘‘he’’ each time that term appears and in- 16 serting ‘‘the Board’’; and 17 (iv) by striking ‘‘in his discretion’’ 18 each time that term appears and inserting 19 ‘‘at the discretion of the Board’’; 20 (G) 21 in section 1416(a) (15 U.S.C. 1715(a))— 22 (i) by striking ‘‘of the Bureau of Con- 23 sumer Financial Protection’’ the first time 24 that term appears; L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 81 1 (ii) by striking ‘‘his functions, duties, 2 and powers’’ and inserting ‘‘the functions, 3 duties, and powers of the Board’’; 4 (iii) by striking ‘‘his administrative 5 law judges’’ and inserting ‘‘the administra- 6 tive law judges of the Bureau of Consumer 7 Financial Protection’’; and 8 (iv) by striking ‘‘himself’’ and insert- 9 ing ‘‘the Board’’; 10 (H)(i) in section 1418a(b)(4) (15 U.S.C. 11 1717a(b)(4)), by striking ‘‘The Secretary’s de- 12 termination or order’’ and inserting ‘‘A deter- 13 mination or order of the Board’’; and 14 (ii) in section 1418a(d) (15 U.S.C. 15 1717a(d)), by striking ‘‘the Secretary’s deter- 16 mination or order’’ and inserting ‘‘a determina- 17 tion or order of the Board’’; 18 (I) in section 1419 (15 U.S.C. 1718)— 19 (i) by striking ‘‘him’’ and inserting 20 ‘‘the Board’’; 21 (ii) by striking ‘‘his rules and regula- 22 tions’’ and inserting ‘‘the rules and regula- 23 tions of the Board’’; and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 82 1 (iii) by striking ‘‘his jurisdiction’’ and 2 inserting ‘‘the jurisdiction of the Bureau of 3 Consumer Financial Protection’’; and 4 (J) in section 1420 (15 U.S.C. 1719)— 5 (i) by inserting ‘‘or any member of 6 the Board’’ before ‘‘in any proceeding’’; 7 and 8 (ii) by striking ‘‘him’’ and inserting 9 ‘‘the Board or any member of the Board’’. 10 (11) REAL ESTATE SETTLEMENT PROCEDURES 11 ACT OF 1974.—Section 12 ment Procedures Act of 1974 (12 U.S.C. 2604) is 13 amended— 14 5 of the Real Estate Settle- (A) by striking ‘‘Director of’’ and inserting 15 ‘‘Board of Directors of’’; and 16 (B) by striking ‘‘Director’’ each place that 17 term appears and inserting ‘‘Board’’. 18 (12) S.A.F.E. MORTGAGE LICENSING ACT OF 19 2008.—The 20 2008 (12 U.S.C. 5101 et seq.) is amended— S.A.F.E. Mortgage Licensing Act of 21 (A) 22 5102(10))— in section 1503(10) (12 U.S.C. 23 (i) in the paragraph heading, by strik- 24 ing ‘‘DIRECTOR’’ and inserting ‘‘BOARD’’; 25 and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 83 1 (ii) by striking ‘‘ ‘Director’ means the 2 Director’’ and inserting ‘‘ ‘Board’ means 3 the Board of Directors’’; 4 (B) by striking ‘‘Director’’ each place that 5 term appears and inserting ‘‘Board’’; 6 (C) in section 1514(b)(5) (12 U.S.C. 7 5113(b)(5)) and section 1514(c)(4)(C) (12 8 U.S.C. 5113(c)(4)(C)), by striking ‘‘Secretary’s 9 expenses’’ and inserting ‘‘expenses of the 10 Board’’; 11 (D) in the headings of section 1514(c)(1), 12 (c)(4)(A), and (c)(5), by striking ‘‘DIRECTOR’’ 13 and inserting ‘‘BOARD’’; and 14 (E) in the heading of section 1514(d), by 15 striking ‘‘DIRECTOR’’ and inserting ‘‘BOARD’’. 16 (13) TITLE 44.—Section 3513(c) of title 44, 17 United States Code, is amended by striking ‘‘Direc- 18 tor of the Bureau’’ and inserting ‘‘Board of Direc- 19 tors of the Bureau’’. 20 (c) REFERENCES.—Any reference in a law, regula- 21 tion, document, paper, or other record of the United 22 States to the Director of the Bureau of Consumer Finan23 cial Protection shall be deemed a reference to the Board 24 of Directors of the Bureau of Consumer Financial Protec25 tion, unless otherwise specified in this Act. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 84 1 (d) EFFECTIVE DATE.—This section and the amend- 2 ments made by this section shall take effect on the later 3 of— 4 (1) October 1, 2017; or 5 (2) the date on which not less than 3 persons 6 have been confirmed by the Senate to serve as mem- 7 bers of the Board of Directors of the Bureau of 8 Consumer Financial Protection. 9 SEC. 506. None of the funds made available in this 10 Act or transferred to the Bureau of Consumer Financial 11 Protection pursuant to section 1017 of Public law 11112 203 may be used to regulate pre-dispute arbitration agree13 ments (as described in section 1028 of Public Law 111– 14 203) and any regulation finalized by the Bureau to regu15 late pre-dispute arbitration agreements shall have no legal 16 force or effect until the requirements regarding pre-dis17 pute arbitration specified in the report accompanying this 18 Act under the heading ‘‘Bureau of Consumer Financial 19 Protection,’’ are fulfilled. 20 CONSUMER PRODUCT SAFETY COMMISSION 21 SALARIES AND EXPENSES 22 For necessary expenses of the Consumer Product 23 Safety Commission, including hire of passenger motor ve24 hicles, services as authorized by 5 U.S.C. 3109, but at 25 rates for individuals not to exceed the per diem rate equiv- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 85 1 alent to the maximum rate payable under 5 U.S.C. 5376, 2 purchase of nominal awards to recognize non-Federal offi3 cials’ contributions to Commission activities, and not to 4 exceed $4,000 for official reception and representation ex5 penses, $120,000,000, of which $1,000,000 shall be avail6 able for the advisory committees in the report accom7 panying this Act under the heading ‘‘Consumer Product 8 Safety Commission’’. 9 ADMINISTRATIVE PROVISION—CONSUMER PRODUCT 10 SAFETY COMMISSION 11 SEC. 510. During fiscal year 2017, none of the 12 amounts made available by this Act may be used to final13 ize or implement the Safety Standard for Recreational 14 Off-Highway Vehicles published by the Consumer Product 15 Safety Commission in the Federal Register on November 16 19, 2014 (79 Fed. Reg. 68964) until after— 17 (1) the National Academy of Sciences, in con- 18 sultation with the National Highway Traffic Safety 19 Administration and the Department of Defense, 20 completes a study to determine— 21 (A) the technical validity of the lateral sta- 22 bility and vehicle handling requirements pro- 23 posed by such standard for purposes of reduc- 24 ing the risk of Recreational Off-Highway Vehi- 25 cle (referred to in this section as ‘‘ROV’’) roll- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 86 1 overs in the off-road environment, including the 2 repeatability and reproducibility of testing for 3 compliance with such requirements; 4 (B) the number of ROV rollovers that 5 would be prevented if the proposed require- 6 ments were adopted; 7 (C) whether there is a technical basis for 8 the proposal to provide information on a point- 9 of-sale hangtag about a ROV’s rollover resist- 10 ance on a progressive scale; and 11 (D) the effect on the utility of ROVs used 12 by the United States military if the proposed 13 requirements were adopted; and 14 (2) a report containing the results of the study 15 completed under paragraph (1) is delivered to— 16 (A) the Committee on Commerce, Science, 17 and Transportation of the Senate; 18 (B) the Committee on Energy and Com- 19 merce of the House of Representatives; 20 (C) the Committee on Appropriations of 21 the Senate; and 22 (D) the Committee on Appropriations of 23 the House of Representatives. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 87 1 ELECTION ASSISTANCE COMMISSION 2 SALARIES AND EXPENSES 3 For necessary expenses to carry out the Help Amer- 4 ica Vote Act of 2002 (Public Law 107–252), $4,900,000. 5 FEDERAL COMMUNICATIONS COMMISSION 6 SALARIES AND EXPENSES 7 For necessary expenses of the Federal Communica- 8 tions Commission, as authorized by law, including uni9 forms and allowances therefor, as authorized by 5 U.S.C. 10 5901–5902; not to exceed $4,000 for official reception and 11 representation expenses; purchase and hire of motor vehi12 cles; special counsel fees; and services as authorized by 13 5 U.S.C. 3109, $314,844,000, to remain available until 14 expended: Provided, That $314,844,000 of offsetting col15 lections shall be assessed and collected pursuant to section 16 9 of title I of the Communications Act of 1934, shall be 17 retained and used for necessary expenses and shall remain 18 available until expended: Provided further, That the sum 19 herein appropriated shall be reduced as such offsetting 20 collections are received during fiscal year 2017 so as to 21 result in a final fiscal year 2017 appropriation estimated 22 at $0: Provided further, That any offsetting collections re23 ceived in excess of $314,844,000 in fiscal year 2017 shall 24 not be available for obligation: Provided further, That re25 maining offsetting collections from prior years collected in L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 88 1 excess of the amount specified for collection in each such 2 year and otherwise becoming available on October 1, 2016, 3 shall not be available for obligation: Provided further, 4 That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds 5 from the use of a competitive bidding system that may 6 be retained and made available for obligation shall not ex7 ceed $106,000,000 for fiscal year 2017: Provided further, 8 That, of the amount appropriated under this heading, not 9 less than $11,751,000 shall be for the salaries and ex10 penses of the Office of Inspector General. 11 FEDERAL DEPOSIT INSURANCE CORPORATION 12 OFFICE OF THE INSPECTOR GENERAL 13 For necessary expenses of the Office of Inspector 14 General in carrying out the provisions of the Inspector 15 General Act of 1978, $35,958,000, to be derived from the 16 Deposit Insurance Fund or, only when appropriate, the 17 FSLIC Resolution Fund. 18 FEDERAL ELECTION COMMISSION 19 SALARIES AND EXPENSES 20 For necessary expenses to carry out the provisions 21 of the Federal Election Campaign Act of 1971, 22 $80,540,000, of which $8,000,000 shall remain available 23 until September 30, 2018, for lease expiration and re24 placement lease expenses; and of which not to exceed L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 89 1 $5,000 shall be available for reception and representation 2 expenses. 3 FEDERAL LABOR RELATIONS AUTHORITY 4 SALARIES AND EXPENSES 5 For necessary expenses to carry out functions of the 6 Federal Labor Relations Authority, pursuant to Reorga7 nization Plan Numbered 2 of 1978, and the Civil Service 8 Reform Act of 1978, $26,631,000, including services au9 thorized by 5 U.S.C. 3109, and including hire of experts 10 and consultants, hire of passenger motor vehicles and 11 rental of conference rooms in the District of Columbia and 12 elsewhere; and of which not to exceed $1,500 shall be 13 available for official reception and representation ex14 penses: Provided, That public members of the Federal 15 Service Impasses Panel may be paid travel expenses and 16 per diem in lieu of subsistence as authorized by law (5 17 U.S.C. 5703) for persons employed intermittently in the 18 Government service, and compensation as authorized by 19 5 U.S.C. 3109: Provided further, That, notwithstanding 20 31 U.S.C. 3302, funds received from fees charged to non21 Federal participants at labor-management relations con22 ferences shall be credited to and merged with this account, 23 to be available without further appropriation for the costs 24 of carrying out these conferences. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 90 1 FEDERAL TRADE COMMISSION 2 SALARIES AND EXPENSES 3 For necessary expenses of the Federal Trade Com- 4 mission, including uniforms or allowances therefor, as au5 thorized by 5 U.S.C. 5901–5902; services as authorized 6 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 7 not to exceed $2,000 for official reception and representa8 tion expenses, $317,000,000, to remain available until ex9 pended: Provided, That not to exceed $300,000 shall be 10 available for use to contract with a person or persons for 11 collection services in accordance with the terms of 31 12 U.S.C. 3718: Provided further, That, notwithstanding any 13 other provision of law, not to exceed $125,000,000 of off14 setting collections derived from fees collected for 15 premerger notification filings under the Hart-Scott-Ro16 dino Antitrust Improvements Act of 1976 (15 U.S.C. 17 18a), regardless of the year of collection, shall be retained 18 and used for necessary expenses in this appropriation: 19 Provided further, That, notwithstanding any other provi20 sion of law, not to exceed $15,000,000 in offsetting collec21 tions derived from fees sufficient to implement and enforce 22 the Telemarketing Sales Rule, promulgated under the 23 Telemarketing and Consumer Fraud and Abuse Preven24 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 25 account, and be retained and used for necessary expenses L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 91 1 in this appropriation: Provided further, That the sum here2 in appropriated from the general fund shall be reduced 3 as such offsetting collections are received during fiscal 4 year 2017, so as to result in a final fiscal year 2017 appro5 priation from the general fund estimated at not more than 6 $177,000,000: Provided further, That none of the funds 7 made available to the Federal Trade Commission may be 8 used to implement subsection (e)(2)(B) of section 43 of 9 the Federal Deposit Insurance Act (12 U.S.C. 1831t). 10 GENERAL SERVICES ADMINISTRATION 11 REAL PROPERTY ACTIVITIES 12 FEDERAL BUILDINGS FUND 13 LIMITATIONS ON AVAILABILITY OF REVENUE 14 (INCLUDING TRANSFERS OF FUNDS) 15 Amounts in the Fund, including revenues and collec- 16 tions deposited into the Fund, shall be available for nec17 essary expenses of real property management and related 18 activities not otherwise provided for, including operation, 19 maintenance, and protection of federally owned and leased 20 buildings; rental of buildings in the District of Columbia; 21 restoration of leased premises; moving governmental agen22 cies (including space adjustments and telecommunications 23 relocation expenses) in connection with the assignment, al24 location, and transfer of space; contractual services inci25 dent to cleaning or servicing buildings, and moving; repair L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 92 1 and alteration of federally owned buildings, including 2 grounds, approaches, and appurtenances; care and safe3 guarding of sites; maintenance, preservation, demolition, 4 and equipment; acquisition of buildings and sites by pur5 chase, condemnation, or as otherwise authorized by law; 6 acquisition of options to purchase buildings and sites; con7 version and extension of federally owned buildings; pre8 liminary planning and design of projects by contract or 9 otherwise; construction of new buildings (including equip10 ment for such buildings); and payment of principal, inter11 est, and any other obligations for public buildings acquired 12 by installment purchase and purchase contract; in the ag13 gregate amount of $9,244,808,000, of which— 14 (1) $504,918,000 shall remain available until 15 expended for construction and acquisition (including 16 funds for sites and expenses, and associated design 17 and construction services) as follows: 18 (A) National Capital Region, FBI Head- 19 quarters Consolidation, $200,000,000; 20 (B) California, Calexico, Calexico West 21 Land Port of Entry, $248,213,000; 22 (C) District of Columbia, Washington, 23 Southeast 24 $7,000,000; Federal Center Remediation, L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 93 1 (D) Pembina, North Dakota, United 2 States Department of Agriculture (USDA) Ani- 3 mal and Plant Health Inspection Service 4 (APHIS), $5,749,000; 5 (E) Boyers, Pennsylvania, Federal Office 6 Building, $31,200,000; and 7 (F) Austin, Texas, Internal Revenue Serv- 8 ice (IRS) Annex Building, $12,756,000: 9 Provided, That each of the foregoing limits of costs 10 on new construction and acquisition projects may be 11 exceeded to the extent that savings are effected in 12 other such projects, but not to exceed 10 percent of 13 the amounts included in a transmitted prospectus, if 14 required, unless advance approval is obtained from 15 the Committees on Appropriations of a greater 16 amount; 17 (2) $758,790,000 shall remain available until 18 expended for repairs and alterations, including asso- 19 ciated design and construction services, of which— 20 (A) $300,000,000 is for Major Repairs and 21 Alterations; 22 (B) $312,090,000 is for Basic Repairs and 23 Alterations; and 24 (C) $146,700,000 is for Special Emphasis 25 Programs, of which— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 94 1 (i) $20,000,000 is for Fire and Life 2 Safety; 3 (ii) $26,700,000 is for Judiciary Cap- 4 ital Security; 5 (iii) $100,000,000 is for Consolidation 6 Activities: Provided, That consolidation 7 projects result in reduced annual rent paid 8 by the tenant agency: Provided further, 9 That no consolidation project exceed 10 $10,000,000 in costs: Provided further, 11 That consolidation projects are approved 12 by each of the committees specified in sec- 13 tion 3307(a) of title 40, United States 14 Code: Provided further, That preference is 15 given to consolidation projects that achieve 16 a utilization rate of 130 usable square feet 17 or less per person for office space: Pro- 18 vided further, That the obligation of funds 19 under this paragraph for consolidation ac- 20 tivities may not be made until 10 days 21 after a proposed spending plan and expla- 22 nation for each project to be undertaken, 23 including estimated savings, has been sub- 24 mitted to the Committees on Appropria- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 95 1 tions of the House of Representatives and 2 the Senate: 3 Provided, That funds made available in this or any 4 previous Act in the Federal Buildings Fund for Re- 5 pairs and Alterations shall, for prospectus projects, 6 be limited to the amount identified for each project, 7 except each project in this or any previous Act may 8 be increased by an amount not to exceed 10 percent 9 unless advance approval is obtained from the Com- 10 mittees on Appropriations of a greater amount: Pro- 11 vided further, That additional projects for which 12 prospectuses have been fully approved may be fund- 13 ed under this category only if advance approval is 14 obtained from the Committees on Appropriations: 15 Provided further, That the amounts provided in this 16 or any prior Act for ‘‘Repairs and Alterations’’ may 17 be used to fund costs associated with implementing 18 security improvements to buildings necessary to 19 meet the minimum standards for security in accord- 20 ance with current law and in compliance with the re- 21 programming guidelines of the appropriate Commit- 22 tees of the House and Senate: Provided further, 23 That the difference between the funds appropriated 24 and expended on any projects in this or any prior 25 Act, under the heading ‘‘Repairs and Alterations’’, L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 96 1 may be transferred to Basic Repairs and Alterations 2 or used to fund authorized increases in prospectus 3 projects: Provided further, That the amount provided 4 in this or any prior Act for Basic Repairs and Alter- 5 ations may be used to pay claims against the Gov- 6 ernment arising from any projects under the heading 7 ‘‘Repairs and Alterations’’ or used to fund author- 8 ized increases in prospectus projects; 9 (3) $5,645,000,000 for rental of space to re- 10 main available until expended; and 11 (4) $2,336,100,000 for building operations to 12 remain 13 $1,184,790,000 14 $1,151,310,000 is for salaries and expenses: Pro- 15 vided, That not to exceed 5 percent of any appro- 16 priation made available under this paragraph for 17 building operations may be transferred between and 18 merged with such appropriations upon notification 19 to the Committees on Appropriations of the House 20 of Representatives and the Senate, but no such ap- 21 propriation shall be increased by more than 5 per- 22 cent by any such transfers: Provided further, That 23 section 521 of this title shall not apply with respect 24 to funds made available under this heading for 25 building operations: Provided further, That the total available is until for expended, building of services, which and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 97 1 amount of funds made available from this Fund to 2 the General Services Administration shall not be 3 available for expenses of any construction, repair, al- 4 teration and acquisition project for which a pro- 5 spectus, if required by 40 U.S.C. 3307(a), has not 6 been approved, except that necessary funds may be 7 expended for each project for required expenses for 8 the development of a proposed prospectus: Provided 9 further, That funds available in the Federal Build- 10 ings Fund may be expended for emergency repairs 11 when advance approval is obtained from the Com- 12 mittees on Appropriations: Provided further, That 13 amounts necessary to provide reimbursable special 14 services to other agencies under 40 U.S.C. 592(b)(2) 15 and amounts to provide such reimbursable fencing, 16 lighting, guard booths, and other facilities on private 17 or other property not in Government ownership or 18 control as may be appropriate to enable the United 19 States Secret Service to perform its protective func- 20 tions pursuant to 18 U.S.C. 3056, shall be available 21 from such revenues and collections: Provided further, 22 That revenues and collections and any other sums 23 accruing to this Fund during fiscal year 2017, ex- 24 cluding reimbursements under 40 U.S.C. 592(b)(2), 25 in excess of the aggregate new obligational authority L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 98 1 authorized for Real Property Activities of the Fed- 2 eral Buildings Fund in this Act shall remain in the 3 Fund and shall not be available for expenditure ex- 4 cept as authorized in appropriations Acts. 5 GENERAL ACTIVITIES 6 GOVERNMENT-WIDE POLICY 7 For expenses authorized by law, not otherwise pro- 8 vided for, for Government-wide policy and evaluation ac9 tivities associated with the management of real and per10 sonal property assets and certain administrative services; 11 Government-wide policy support responsibilities relating to 12 acquisition, travel, motor vehicles, information technology 13 management, and related technology activities; and serv14 ices as authorized by 5 U.S.C. 3109; $58,000,000, of 15 which $1,000,000 shall remain available until September 16 30, 2018. 17 OPERATING EXPENSES 18 For expenses authorized by law, not otherwise pro- 19 vided for, for Government-wide activities associated with 20 utilization and donation of surplus personal property; dis21 posal of real property; agency-wide policy direction, man22 agement, and communications; and services as authorized 23 by 5 U.S.C. 3109; $49,266,000, of which $25,869,000 is 24 for Real and Personal Property Management and Disposal 25 and $23,397,000 is for the Office of the Administrator, L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 99 1 of which not to exceed $7,500 is for official reception and 2 representation expenses. 3 CIVILIAN BOARD OF CONTRACT APPEALS 4 For expenses authorized by law, not otherwise pro- 5 vided for, for activities associated with the Civilian Board 6 of Contract Appeals and services as authorized by 5 7 U.S.C. 3109, $9,275,000. 8 OFFICE OF INSPECTOR GENERAL 9 For necessary expenses of the Office of Inspector 10 General and services authorized by 5 U.S.C. 3109, 11 $65,000,000, of which $2,000,000 is available until Sep12 tember 30, 2018: Provided, That not to exceed $50,000 13 shall be available for payment for information and detec14 tion of fraud against the Government, including payment 15 for recovery of stolen Government property: Provided fur16 ther, That not to exceed $2,500 shall be available for 17 awards to employees of other Federal agencies and private 18 citizens in recognition of efforts and initiatives resulting 19 in enhanced Office of Inspector General effectiveness. 20 ALLOWANCES AND OFFICE STAFF FOR FORMER 21 PRESIDENTS 22 For carrying out the provisions of the Act of August 23 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 24 $1,932,000. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 100 1 EXPENSES, PRESIDENTIAL TRANSITION 2 (INCLUDING TRANSFER OF FUNDS) 3 For necessary expenses to carry out the Presidential 4 Transition Act of 1963 (3 U.S.C. 102 note), $9,500,000, 5 of which not to exceed $1,000,000 is for activities author6 ized by paragraphs (8) and (9) of section 3(a) of the Act: 7 Provided, That such amounts may be transferred to the 8 ‘‘Acquisition Services Fund’’ or ‘‘Federal Buildings Fund’’ 9 to reimburse obligations incurred prior to the date of en10 actment of this Act for the purposes provided herein re11 lated to the Presidential election in 2016: Provided further, 12 That amounts available under this heading shall be in ad13 dition to any other amounts available for such purposes. 14 FEDERAL CITIZEN SERVICES FUND 15 (INCLUDING TRANSFERS OF FUNDS) 16 For necessary expenses of the Office of Citizen Serv- 17 ices and Innovative Technologies, including services au18 thorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and for 19 necessary expenses in support of interagency projects that 20 enable the Federal Government to enhance its ability to 21 conduct activities electronically, through the development 22 and implementation of innovative uses of information 23 technology; $55,894,000, to be deposited into the Federal 24 Citizen Services Fund: Provided, That the previous 25 amount may be transferred to Federal agencies to carry L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 101 1 out the purpose of the Federal Citizen Services Fund: Pro2 vided further, That the appropriations, revenues, reim3 bursements, and collections deposited into the Fund shall 4 be available until expended for necessary expenses of Fed5 eral Citizen Services and other activities that enable the 6 Federal Government to enhance its ability to conduct ac7 tivities electronically in the aggregate amount not to ex8 ceed $150,000,000: Provided further, That appropriations, 9 revenues, reimbursements, and collections accruing to this 10 Fund during fiscal year 2017 in excess of such amount 11 shall remain in the Fund and shall not be available for 12 expenditure except as authorized in appropriations Acts: 13 Provided further, That any appropriations provided to the 14 Electronic Government Fund that remain unobligated 15 may be transferred to the Federal Citizen Services Fund: 16 Provided further, That the transfer authorities provided 17 herein shall be in addition to any other transfer authority 18 provided in this Act. 19 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES 20 ADMINISTRATION 21 (INCLUDING TRANSFER OF FUNDS) 22 SEC. 520. Funds available to the General Services 23 Administration shall be available for the hire of passenger 24 motor vehicles. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 102 1 SEC. 521. Funds in the Federal Buildings Fund 2 made available for fiscal year 2017 for Federal Buildings 3 Fund activities may be transferred between such activities 4 only to the extent necessary to meet program require5 ments: Provided, That any proposed transfers shall be ap6 proved in advance by the Committees on Appropriations 7 of the House of Representatives and the Senate. 8 SEC. 522. Except as otherwise provided in this title, 9 funds made available by this Act shall be used to transmit 10 a fiscal year 2018 request for United States Courthouse 11 construction only if the request: (1) meets the design guide 12 standards for construction as established and approved by 13 the General Services Administration, the Judicial Con14 ference of the United States, and the Office of Manage15 ment and Budget; (2) reflects the priorities of the Judicial 16 Conference of the United States as set out in its approved 17 5-year construction plan; and (3) includes a standardized 18 courtroom utilization study of each facility to be con19 structed, replaced, or expanded. 20 SEC. 523. None of the funds provided in this Act may 21 be used to increase the amount of occupiable square feet, 22 provide cleaning services, security enhancements, or any 23 other service usually provided through the Federal Build24 ings Fund, to any agency that does not pay the rate per 25 square foot assessment for space and services as deter- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 103 1 mined by the General Services Administration in consider2 ation of the Public Buildings Amendments Act of 1972 3 (Public Law 92–313). 4 SEC. 524. From funds made available under the 5 heading Federal Buildings Fund, Limitations on Avail6 ability of Revenue, claims against the Government of less 7 than $250,000 arising from direct construction projects 8 and acquisition of buildings may be liquidated from sav9 ings effected in other construction projects with prior noti10 fication to the Committees on Appropriations of the House 11 of Representatives and the Senate. 12 SEC. 525. In any case in which the Committee on 13 Transportation and Infrastructure of the House of Rep14 resentatives and the Committee on Environment and Pub15 lic Works of the Senate adopt a resolution granting lease 16 authority pursuant to a prospectus transmitted to Con17 gress by the Administrator of the General Services Admin18 istration under 40 U.S.C. 3307, the Administrator shall 19 ensure that the delineated area of procurement is identical 20 to the delineated area included in the prospectus for all 21 lease agreements, except that, if the Administrator deter22 mines that the delineated area of the procurement should 23 not be identical to the delineated area included in the pro24 spectus, the Administrator shall provide an explanatory 25 statement to each of such committees and the Committees L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 104 1 on Appropriations of the House of Representatives and the 2 Senate prior to exercising any lease authority provided in 3 the resolution. 4 SEC. 526. With respect to each project funded under 5 the heading ‘‘Major Repairs and Alterations’’ or ‘‘Judici6 ary Capital Security Program’’, and with respect to E7 Government projects funded under the heading ‘‘Federal 8 Citizen Services Fund’’, the Administrator of General 9 Services shall submit a spending plan and explanation for 10 each project to be undertaken to the Committees on Ap11 propriations of the House of Representatives and the Sen12 ate not later than 60 days after the date of enactment 13 of this Act. 14 SEC. 527. Strike subsection (d) of section 3173 of 15 title 40, United States Code. 16 MERIT SYSTEMS PROTECTION BOARD 17 SALARIES AND EXPENSES 18 (INCLUDING TRANSFER OF FUNDS) 19 For necessary expenses to carry out functions of the 20 Merit Systems Protection Board pursuant to Reorganiza21 tion Plan Numbered 2 of 1978, the Civil Service Reform 22 Act of 1978, and the Whistleblower Protection Act of 23 1989 (5 U.S.C. 5509 note), including services as author24 ized by 5 U.S.C. 3109, rental of conference rooms in the 25 District of Columbia and elsewhere, hire of passenger L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 105 1 motor vehicles, direct procurement of survey printing, and 2 not to exceed $2,000 for official reception and representa3 tion expenses, $44,786,000, to remain available until Sep4 tember 30, 2018, and in addition not to exceed 5 $2,345,000, to remain available until September 30, 2018, 6 for administrative expenses to adjudicate retirement ap7 peals to be transferred from the Civil Service Retirement 8 and Disability Fund in amounts determined by the Merit 9 Systems Protection Board. 10 NATIONAL ARCHIVES 11 AND RECORDS ADMINISTRATION OPERATING EXPENSES 12 For necessary expenses in connection with the admin- 13 istration of the National Archives and Records Adminis14 tration and archived Federal records and related activities, 15 as provided by law, and for expenses necessary for the re16 view and declassification of documents, the activities of 17 the Public Interest Declassification Board, the operations 18 and maintenance of the electronic records archives, the 19 hire of passenger motor vehicles, and for uniforms or al20 lowances therefor, as authorized by law (5 U.S.C. 5901), 21 including maintenance, repairs, and cleaning, 22 $380,634,000. 23 OFFICE OF INSPECTOR GENERAL 24 For necessary expenses of the Office of Inspector 25 General in carrying out the provisions of the Inspector L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 106 1 General Reform Act of 2008, Public Law 110–409, 122 2 Stat. 4302–16 (2008), and the Inspector General Act of 3 1978 (5 U.S.C. App.), and for the hire of passenger motor 4 vehicles, $4,801,000. 5 REPAIRS AND RESTORATION 6 For the repair, alteration, and improvement of ar- 7 chives facilities, and to provide adequate storage for hold8 ings, $7,500,000, to remain available until expended. 9 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS 10 COMMISSION 11 GRANTS PROGRAM 12 For necessary expenses for allocations and grants for 13 historical publications and records as authorized by 44 14 U.S.C. 2504, $6,000,000, to remain available until ex15 pended. 16 NATIONAL CREDIT UNION ADMINISTRATION 17 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND 18 For the Community Development Revolving Loan 19 Fund program as authorized by 42 U.S.C. 9812, 9822 20 and 9910, $2,000,000 shall be available until September 21 30, 2018, for technical assistance to low-income des22 ignated credit unions. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 107 1 OFFICE 2 OF GOVERNMENT ETHICS SALARIES AND EXPENSES 3 For necessary expenses to carry out functions of the 4 Office of Government Ethics pursuant to the Ethics in 5 Government Act of 1978, the Ethics Reform Act of 1989, 6 and the Stop Trading on Congressional Knowledge Act of 7 2012, including services as authorized by 5 U.S.C. 3109, 8 rental of conference rooms in the District of Columbia and 9 elsewhere, hire of passenger motor vehicles, and not to ex10 ceed $1,500 for official reception and representation ex11 penses, $16,090,000. 12 OFFICE OF PERSONNEL MANAGEMENT 13 SALARIES AND EXPENSES 14 (INCLUDING TRANSFER OF TRUST FUNDS) 15 For necessary expenses to carry out functions of the 16 Office of Personnel Management (OPM) pursuant to Re17 organization Plan Numbered 2 of 1978 and the Civil Serv18 ice Reform Act of 1978, including services as authorized 19 by 5 U.S.C. 3109; medical examinations performed for 20 veterans by private physicians on a fee basis; rental of con21 ference rooms in the District of Columbia and elsewhere; 22 hire of passenger motor vehicles; not to exceed $2,500 for 23 official reception and representation expenses; advances 24 for reimbursements to applicable funds of OPM and the 25 Federal Bureau of Investigation for expenses incurred L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 108 1 under Executive Order No. 10422 of January 9, 1953, 2 as amended; and payment of per diem or subsistence al3 lowances to employees where Voting Rights Act activities 4 require an employee to remain overnight at his or her post 5 of duty, $144,867,000: Provided, That of the total amount 6 made available under this heading, not to exceed 7 $37,000,000 shall remain available until September 30, 8 2018, for the operation and strengthening of the security 9 of OPM legacy and Shell environment IT systems and the 10 modernization, migration, and testing of such systems: 11 Provided further, That the amount made available by the 12 previous proviso may not be obligated until the Director 13 of the Office of Personnel Management submits to the 14 Committees on Appropriations of the Senate and the 15 House of Representatives a plan for expenditure of such 16 amount, prepared in consultation with the Director of the 17 Office of Management and Budget, the Administrator of 18 the United States Digital Service, and the Secretary of 19 Homeland Security, that— 20 (1) identifies the full scope and cost of the IT 21 systems remediation and stabilization project; 22 (2) meets the capital planning and investment 23 control review requirements established by the Office 24 of Management and Budget, including Circular A– 25 11, part 7; L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 109 1 (3) includes a Major IT Business Case under 2 the requirements established by the Office of Man- 3 agement and Budget Exhibit 300; 4 (4) complies with the acquisition rules, require- 5 ments, guidelines, and systems acquisition manage- 6 ment practices of the Government; and 7 (5) is reviewed and approved before the date of 8 such submission by the Secretary of Homeland Se- 9 curity, the Administrator of the United States Dig- 10 ital Service, and the Director of the Office of Man- 11 agement and Budget, the Inspector General of the 12 Office of Personnel Management Office: 13 Provided further, That, not later than 6 months after the 14 date of enactment of this Act, the Comptroller General 15 shall submit to the Committees on Appropriations of the 16 Senate and the House of Representatives a report that— 17 (A) evaluates— 18 (i) the steps taken by the Office of Per- 19 sonnel Management to prevent, mitigate, and 20 respond to data breaches involving sensitive 21 personnel records and information; 22 (ii) the Office’s cybersecurity policies and 23 procedures in place on the date of enactment of 24 this Act, including policies and procedures re- 25 lating to IT best practices such as data L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 110 1 encryption, multifactor authentication, and con- 2 tinuous monitoring; 3 (iii) the Office’s oversight of contractors 4 providing IT services; and 5 (iv) the Office’s compliance with govern- 6 ment-wide initiatives to improve cybersecurity; 7 and 8 (B) sets forth improvements that could be made 9 to assist the Office of Personnel Management in ad- 10 dressing cybersecurity challenges: 11 Provided further, That of the total amount made available 12 under this heading, $391,000 may be made available for 13 strengthening the capacity and capabilities of the acquisi14 tion workforce (as defined by the Office of Federal Pro15 curement Policy Act, as amended (41 U.S.C. 4001 et 16 seq.)), including the recruitment, hiring, training, and re17 tention of such workforce and information technology in 18 support of acquisition workforce effectiveness or for man19 agement solutions to improve acquisition management; 20 and in addition $141,611,000 for administrative expenses, 21 to be transferred from the appropriate trust funds of OPM 22 without regard to other statutes, including direct procure23 ment of printed materials, for the retirement and insur24 ance programs: Provided further, That the provisions of 25 this appropriation shall not affect the authority to use ap- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 111 1 plicable trust funds as provided by sections 8348(a)(1)(B), 2 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 3 5, United States Code: Provided further, That no part of 4 this appropriation shall be available for salaries and ex5 penses of the Legal Examining Unit of OPM established 6 pursuant to Executive Order No. 9358 of July 1, 1943, 7 or any successor unit of like purpose: Provided further, 8 That the President’s Commission on White House Fel9 lows, established by Executive Order No. 11183 of Octo10 ber 3, 1964, may, during fiscal year 2017, accept dona11 tions of money, property, and personal services: Provided 12 further, That such donations, including those from prior 13 years, may be used for the development of publicity mate14 rials to provide information about the White House Fel15 lows, except that no such donations shall be accepted for 16 travel or reimbursement of travel expenses, or for the sala17 ries of employees of such Commission. 18 OFFICE OF INSPECTOR GENERAL 19 SALARIES AND EXPENSES 20 (INCLUDING TRANSFER OF TRUST FUNDS) 21 For necessary expenses of the Office of Inspector 22 General in carrying out the provisions of the Inspector 23 General Act of 1978, including services as authorized by 24 5 U.S.C. 3109, hire of passenger motor vehicles, 25 $5,072,000, and in addition, not to exceed $26,662,000 L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 112 1 for administrative expenses to audit, investigate, and pro2 vide other oversight of the Office of Personnel Manage3 ment’s retirement and insurance programs, to be trans4 ferred from the appropriate trust funds of the Office of 5 Personnel Management, as determined by the Inspector 6 General: Provided, That the Inspector General is author7 ized to rent conference rooms in the District of Columbia 8 and elsewhere. 9 OFFICE 10 OF SPECIAL COUNSEL SALARIES AND EXPENSES 11 For necessary expenses to carry out functions of the 12 Office of Special Counsel pursuant to Reorganization Plan 13 Numbered 2 of 1978, the Civil Service Reform Act of 14 1978 (Public Law 95–454), the Whistleblower Protection 15 Act of 1989 (Public Law 101–12) as amended by Public 16 Law 107–304, the Whistleblower Protection Enhancement 17 Act of 2012 (Public Law 112–199), and the Uniformed 18 Services Employment and Reemployment Rights Act of 19 1994 (Public Law 103–353), including services as author20 ized by 5 U.S.C. 3109, payment of fees and expenses for 21 witnesses, rental of conference rooms in the District of Co22 lumbia and elsewhere, and hire of passenger motor vehi23 cles; $25,735,000. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 113 1 POSTAL REGULATORY COMMISSION 2 SALARIES AND EXPENSES 3 (INCLUDING TRANSFER OF FUNDS) 4 For necessary expenses of the Postal Regulatory 5 Commission in carrying out the provisions of the Postal 6 Accountability and Enhancement Act (Public Law 109– 7 435), $16,200,000, to be derived by transfer from the 8 Postal Service Fund and expended as authorized by sec9 tion 603(a) of such Act. 10 PRIVACY AND 11 CIVIL LIBERTIES OVERSIGHT BOARD SALARIES AND EXPENSES 12 For necessary expenses of the Privacy and Civil Lib- 13 erties Oversight Board, as authorized by section 1061 of 14 the Intelligence Reform and Terrorism Prevention Act of 15 2004 (42 U.S.C. 2000ee), $8,297,000. 16 SECURITIES 17 AND EXCHANGE COMMISSION SALARIES AND EXPENSES 18 For necessary expenses for the Securities and Ex- 19 change Commission, including services as authorized by 20 5 U.S.C. 3109, the rental of space (to include multiple 21 year leases) in the District of Columbia and elsewhere, and 22 not to exceed $3,500 for official reception and representa23 tion expenses, $1,555,000,000, to remain available until 24 expended; of which not less than $14,700,000 shall be for 25 the Office of Inspector General; of which not to exceed L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 114 1 $75,000 shall be available for a permanent secretariat for 2 the International Organization of Securities Commissions; 3 of which not to exceed $100,000 shall be available for ex4 penses for consultations and meetings hosted by the Com5 mission with foreign governmental and other regulatory 6 officials, members of their delegations and staffs to ex7 change views concerning securities matters, such expenses 8 to include necessary logistic and administrative expenses 9 and the expenses of Commission staff and foreign invitees 10 in attendance including: (1) incidental expenses such as 11 meals; (2) travel and transportation; and (3) related lodg12 ing or subsistence; of which funding for information tech13 nology initiatives shall be increased over the fiscal year 14 2016 level by not less than $50,000,000; and of which not 15 less than $72,049,000 shall be for the Division of Eco16 nomic and Risk Analysis: Provided, That fees and charges 17 authorized by section 31 of the Securities Exchange Act 18 of 1934 (15 U.S.C. 78ee) shall be credited to this account 19 as offsetting collections: Provided further, That not to ex20 ceed $1,555,000,000 of such offsetting collections shall be 21 available until expended for necessary expenses of this ac22 count: Provided further, That the total amount appro23 priated under this heading from the general fund for fiscal 24 year 2017 shall be reduced as such offsetting fees are re25 ceived so as to result in a final total fiscal year 2017 ap- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 115 1 propriation from the general fund estimated at not more 2 than $0. 3 SELECTIVE SERVICE SYSTEM 4 SALARIES AND EXPENSES 5 For necessary expenses of the Selective Service Sys- 6 tem, including expenses of attendance at meetings and of 7 training for uniformed personnel assigned to the Selective 8 Service System, as authorized by 5 U.S.C. 4101–4118 for 9 civilian employees; hire of passenger motor vehicles; serv10 ices as authorized by 5 U.S.C. 3109; and not to exceed 11 $750 for official reception and representation expenses; 12 $22,703,000: Provided, That during the current fiscal 13 year, the President may exempt this appropriation from 14 the provisions of 31 U.S.C. 1341, whenever the President 15 deems such action to be necessary in the interest of na16 tional defense: Provided further, That none of the funds 17 appropriated by this Act may be expended for or in con18 nection with the induction of any person into the Armed 19 Forces of the United States. 20 SMALL BUSINESS ADMINISTRATION 21 SALARIES AND EXPENSES 22 For necessary expenses, not otherwise provided for, 23 of the Small Business Administration, including hire of 24 passenger motor vehicles as authorized by sections 1343 25 and 1344 of title 31, United States Code, and not to ex- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 116 1 ceed $3,500 for official reception and representation ex2 penses, $268,000,000, of which not less than $12,000,000 3 shall be available for examinations, reviews, and other 4 lender oversight activities: Provided, That the Adminis5 trator is authorized to charge fees to cover the cost of pub6 lications developed by the Small Business Administration, 7 and certain loan program activities, including fees author8 ized by section 5(b) of the Small Business Act: Provided 9 further, That, notwithstanding 31 U.S.C. 3302, revenues 10 received from all such activities shall be credited to this 11 account, to remain available until expended, for carrying 12 out these purposes without further appropriations: Pro13 vided further, That the Small Business Administration 14 may accept gifts in an amount not to exceed $4,000,000 15 and may co-sponsor activities, each in accordance with sec16 tion 132(a) of division K of Public Law 108–447, during 17 fiscal year 2017: Provided further, That $6,100,000 shall 18 be available for the Loan Modernization and Accounting 19 System, to be available until September 30, 2018. 20 ENTREPRENEURIAL DEVELOPMENT PROGRAMS 21 For necessary expenses of programs supporting en- 22 trepreneurial and small business development, 23 $243,100,000, to remain available until September 30, 24 2018: Provided, That $125,000,000 shall be available to 25 fund grants for performance in fiscal year 2017 or fiscal L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 117 1 year 2018 as authorized by section 21 of the Small Busi2 ness Act: Provided further, That $31,000,000 shall be for 3 marketing, management, and technical assistance under 4 section 7(m) of the Small Business Act (15 U.S.C. 5 636(m)(4)) by intermediaries that make microloans under 6 the microloan program: Provided further, That 7 $20,000,000 shall be available for grants to States to 8 carry out export programs that assist small business con9 cerns authorized under section 1207 of Public Law 111– 10 240. 11 OFFICE OF INSPECTOR GENERAL 12 For necessary expenses of the Office of Inspector 13 General in carrying out the provisions of the Inspector 14 General Act of 1978, $19,900,000. 15 OFFICE OF ADVOCACY 16 For necessary expenses of the Office of Advocacy in 17 carrying out the provisions of title II of Public Law 94– 18 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi19 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,320,000, to 20 remain available until expended. 21 BUSINESS LOANS PROGRAM ACCOUNT 22 (INCLUDING TRANSFER OF FUNDS) 23 For the cost of direct loans, $4,338,000, to remain 24 available until expended: Provided, That such costs, in25 cluding the cost of modifying such loans, shall be as de- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 118 1 fined in section 502 of the Congressional Budget Act of 2 1974: Provided further, That subject to section 502 of the 3 Congressional Budget Act of 1974, during fiscal year 4 2017 commitments to guarantee loans under section 503 5 of the Small Business Investment Act of 1958 shall not 6 exceed $7,500,000,000: Provided further, That during fis7 cal year 2017 commitments for general business loans au8 thorized under section 7(a) of the Small Business Act 9 shall not exceed $28,500,000,000 for a combination of 10 amortizing term loans and the aggregated maximum line 11 of credit provided by revolving loans: Provided further, 12 That during fiscal year 2017 commitments for loans au13 thorized under subparagraph (C) of section 502(7) of the 14 Small Business Investment Act of 1958 (15 U.S.C. 15 696(7)) shall not exceed $7,500,000,000: Provided further, 16 That during fiscal year 2017 commitments to guarantee 17 loans for debentures under section 303(b) of the Small 18 Business Investment Act of 1958 shall not exceed 19 $4,000,000,000: Provided further, That during fiscal year 20 2017, guarantees of trust certificates authorized by sec21 tion 5(g) of the Small Business Act shall not exceed a 22 principal amount of $12,000,000,000. In addition, for ad23 ministrative expenses to carry out the direct and guaran24 teed loan programs, $152,726,000, which may be trans- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 119 1 ferred to and merged with the appropriations for Salaries 2 and Expenses. 3 DISASTER LOANS PROGRAM ACCOUNT 4 (INCLUDING TRANSFERS OF FUNDS) 5 For administrative expenses to carry out the direct 6 loan program authorized by section 7(b) of the Small 7 Business Act, $185,977,000, to be available until ex8 pended, of which $1,000,000 is for the Office of Inspector 9 General of the Small Business Administration for audits 10 and reviews of disaster loans and the disaster loan pro11 grams and shall be transferred to and merged with the 12 appropriations for the Office of Inspector General; of 13 which $175,977,000 is for direct administrative expenses 14 of loan making and servicing to carry out the direct loan 15 program, which may be transferred to and merged with 16 the appropriations for Salaries and Expenses; and of 17 which $9,000,000 is for indirect administrative expenses 18 for the direct loan program, which may be transferred to 19 and merged with the appropriations for Salaries and Ex20 penses. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 120 1 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS 2 ADMINISTRATION 3 (INCLUDING TRANSFER OF FUNDS) 4 (INCLUDING RESCISSION) 5 SEC. 530. Not to exceed 5 percent of any appropria- 6 tion made available for the current fiscal year for the 7 Small Business Administration in this Act may be trans8 ferred between such appropriations, but no such appro9 priation shall be increased by more than 10 percent by 10 any such transfers: Provided, That any transfer pursuant 11 to this section shall be treated as a reprogramming of 12 funds under section 608 of this Act and shall not be avail13 able for obligation or expenditure except in compliance 14 with the procedures set forth in that section. 15 SEC. 531. (a) None of the funds made available under 16 this Act may be used to collect a guarantee fee under sec17 tion 7(a)(18) of the Small Business Act (15 U.S.C. 18 636(a)(18)) with respect to a loan guaranteed under sec19 tion 7(a)(31) of such Act that is made to a small business 20 concern (as defined under section 3 of such Act (15 U.S.C. 21 632)) that is 51 percent or more owned and controlled 22 by 1 or more individuals who is a veteran (as defined in 23 section 101 of title 38, United States Code) or the spouse 24 of a veteran. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 121 1 (b) Nothing in this section shall be construed to limit 2 the authority of the Administrator of the Small Business 3 Administration to waive such a guarantee fee or any other 4 loan fee with respect to a loan to a small business concern 5 described in subsection (a) or any other borrower. 6 SEC. 532. Of the unobligated balances available for 7 the Certified Development Company Program under sec8 tion 503 of the Small Business Investment Act of 1958, 9 as amended, $55,000,000 are hereby permanently re10 scinded: Provided, That no amounts may be so rescinded 11 from amounts that were designated by the Congress as 12 an emergency requirement pursuant to the Concurrent 13 Resolution on the Budget or the Balanced Budget and 14 Emergency Deficit Control Act of 1985. 15 UNITED STATES POSTAL SERVICE 16 PAYMENT TO THE POSTAL SERVICE FUND 17 For payment to the Postal Service Fund for revenue 18 forgone on free and reduced rate mail, pursuant to sub19 sections (c) and (d) of section 2401 of title 39, United 20 States Code, $41,151,000: Provided, That mail for over21 seas voting and mail for the blind shall continue to be free: 22 Provided further, That 6-day delivery and rural delivery 23 of mail shall continue at not less than the 1983 level: Pro24 vided further, That none of the funds made available to 25 the Postal Service by this Act shall be used to implement L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 122 1 any rule, regulation, or policy of charging any officer or 2 employee of any State or local child support enforcement 3 agency, or any individual participating in a State or local 4 program of child support enforcement, a fee for informa5 tion requested or provided concerning an address of a 6 postal customer: Provided further, That none of the funds 7 provided in this Act shall be used to consolidate or close 8 small rural and other small post offices. 9 OFFICE OF INSPECTOR GENERAL 10 SALARIES AND EXPENSES 11 (INCLUDING TRANSFER OF FUNDS) 12 For necessary expenses of the Office of Inspector 13 General in carrying out the provisions of the Inspector 14 General Act of 1978, $258,000,000, to be derived by 15 transfer from the Postal Service Fund and expended as 16 authorized by section 603(b)(3) of the Postal Account17 ability and Enhancement Act (Public Law 109–435). 18 UNITED STATES TAX COURT 19 SALARIES AND EXPENSES 20 For necessary expenses, including contract reporting 21 and other services as authorized by 5 U.S.C. 3109, 22 $51,300,000: Provided, That travel expenses of the judges 23 shall be paid upon the written certificate of the judge. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 123 1 TITLE VI 2 GENERAL PROVISIONS—THIS ACT 3 (INCLUDING RESCISSION) 4 SEC. 601. None of the funds in this Act shall be used 5 for the planning or execution of any program to pay the 6 expenses of, or otherwise compensate, non-Federal parties 7 intervening in regulatory or adjudicatory proceedings 8 funded in this Act. 9 SEC. 602. None of the funds appropriated in this Act 10 shall remain available for obligation beyond the current 11 fiscal year, nor may any be transferred to other appropria12 tions, unless expressly so provided herein. 13 SEC. 603. The expenditure of any appropriation 14 under this Act for any consulting service through procure15 ment contract pursuant to 5 U.S.C. 3109, shall be limited 16 to those contracts where such expenditures are a matter 17 of public record and available for public inspection, except 18 where otherwise provided under existing law, or under ex19 isting Executive order issued pursuant to existing law. 20 SEC. 604. None of the funds made available in this 21 Act may be transferred to any department, agency, or in22 strumentality of the United States Government, except 23 pursuant to a transfer made by, or transfer authority pro24 vided in, this Act or any other appropriations Act. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 124 1 SEC. 605. None of the funds made available by this 2 Act shall be available for any activity or for paying the 3 salary of any Government employee where funding an ac4 tivity or paying a salary to a Government employee would 5 result in a decision, determination, rule, regulation, or pol6 icy that would prohibit the enforcement of section 307 of 7 the Tariff Act of 1930 (19 U.S.C. 1307). 8 SEC. 606. No funds appropriated pursuant to this 9 Act may be expended by an entity unless the entity agrees 10 that in expending the assistance the entity will comply 11 with chapter 83 of title 41, United States Code. 12 SEC. 607. No funds appropriated or otherwise made 13 available under this Act shall be made available to any 14 person or entity that has been convicted of violating chap15 ter 83 of title 41, United States Code. 16 SEC. 608. Except as otherwise provided in this Act, 17 none of the funds provided in this Act, provided by pre18 vious appropriations Acts to the agencies or entities fund19 ed in this Act that remain available for obligation or ex20 penditure in fiscal year 2017, or provided from any ac21 counts in the Treasury derived by the collection of fees 22 and available to the agencies funded by this Act, shall be 23 available for obligation or expenditure through a re24 programming of funds that: (1) creates a new program; 25 (2) eliminates a program, project, or activity; (3) increases L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 125 1 funds or personnel for any program, project, or activity 2 for which funds have been denied or restricted by the Con3 gress; (4) proposes to use funds directed for a specific ac4 tivity by the Committee on Appropriations of either the 5 House of Representatives or the Senate for a different 6 purpose; (5) augments existing programs, projects, or ac7 tivities in excess of $5,000,000 or 10 percent, whichever 8 is less; (6) reduces existing programs, projects, or activi9 ties by $5,000,000 or 10 percent, whichever is less; or (7) 10 creates or reorganizes offices, programs, or activities un11 less prior approval is received from the Committees on Ap12 propriations of the House of Representatives and the Sen13 ate: Provided, That prior to any significant reorganization 14 or restructuring of offices, programs, or activities, each 15 agency or entity funded in this Act shall consult with the 16 Committees on Appropriations of the House of Represent17 atives and the Senate: Provided further, That not later 18 than 60 days after the date of enactment of this Act, each 19 agency funded by this Act shall submit a report to the 20 Committees on Appropriations of the House of Represent21 atives and the Senate to establish the baseline for applica22 tion of reprogramming and transfer authorities for the 23 current fiscal year: Provided further, That at a minimum 24 the report shall include: (1) a table for each appropriation 25 with a separate column to display the President’s budget L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 126 1 request, adjustments made by Congress, adjustments due 2 to enacted rescissions, if appropriate, and the fiscal year 3 enacted level; (2) a delineation in the table for each appro4 priation both by object class and program, project, and 5 activity as detailed in the budget appendix for the respec6 tive appropriation; and (3) an identification of items of 7 special congressional interest: Provided further, That the 8 amount appropriated or limited for salaries and expenses 9 for an agency shall be reduced by $100,000 per day for 10 each day after the required date that the report has not 11 been submitted to the Congress. 12 SEC. 609. Except as otherwise specifically provided 13 by law, not to exceed 50 percent of unobligated balances 14 remaining available at the end of fiscal year 2017 from 15 appropriations made available for salaries and expenses 16 for fiscal year 2017 in this Act, shall remain available 17 through September 30, 2018, for each such account for 18 the purposes authorized: Provided, That a request shall 19 be submitted to the Committees on Appropriations of the 20 House of Representatives and the Senate for approval 21 prior to the expenditure of such funds: Provided further, 22 That these requests shall be made in compliance with re23 programming guidelines. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 127 1 SEC. 610. (a) None of the funds made available in 2 this Act may be used by the Executive Office of the Presi3 dent to request— 4 (1) any official background investigation report 5 on any individual from the Federal Bureau of Inves- 6 tigation; or 7 (2) a determination with respect to the treat- 8 ment of an organization as described in section 9 501(c) of the Internal Revenue Code of 1986 and 10 exempt from taxation under section 501(a) of such 11 Code from the Department of the Treasury or the 12 Internal Revenue Service. 13 (b) Subsection (a) shall not apply— 14 (1) in the case of an official background inves- 15 tigation report, if such individual has given express 16 written consent for such request not more than 6 17 months prior to the date of such request and during 18 the same presidential administration; or 19 (2) if such request is required due to extraor- 20 dinary circumstances involving national security. 21 SEC. 611. The cost accounting standards promul- 22 gated under chapter 15 of title 41, United States Code 23 shall not apply with respect to a contract under the Fed24 eral Employees Health Benefits Program established 25 under chapter 89 of title 5, United States Code. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 128 1 SEC. 612. For the purpose of resolving litigation and 2 implementing any settlement agreements regarding the 3 nonforeign area cost-of-living allowance program, the Of4 fice of Personnel Management may accept and utilize 5 (without regard to any restriction on unanticipated travel 6 expenses imposed in an Appropriations Act) funds made 7 available to the Office of Personnel Management pursuant 8 to court approval. 9 SEC. 613. No funds appropriated by this Act shall 10 be available to pay for an abortion, or the administrative 11 expenses in connection with any health plan under the 12 Federal employees health benefits program which provides 13 any benefits or coverage for abortions. 14 SEC. 614. The provision of section 613 shall not 15 apply where the life of the mother would be endangered 16 if the fetus were carried to term, or the pregnancy is the 17 result of an act of rape or incest. 18 SEC. 615. In order to promote Government access to 19 commercial information technology, the restriction on pur20 chasing nondomestic articles, materials, and supplies set 21 forth in chapter 83 of title 41, United States Code (popu22 larly known as the Buy American Act), shall not apply 23 to the acquisition by the Federal Government of informa24 tion technology (as defined in section 11101 of title 40, L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 129 1 United States Code), that is a commercial item (as defined 2 in section 103 of title 41, United States Code). 3 SEC. 616. Notwithstanding section 1353 of title 31, 4 United States Code, no officer or employee of any regu5 latory agency or commission funded by this Act may ac6 cept on behalf of that agency, nor may such agency or 7 commission accept, payment or reimbursement from a 8 non-Federal entity for travel, subsistence, or related ex9 penses for the purpose of enabling an officer or employee 10 to attend and participate in any meeting or similar func11 tion relating to the official duties of the officer or em12 ployee when the entity offering payment or reimbursement 13 is a person or entity subject to regulation by such agency 14 or commission, or represents a person or entity subject 15 to regulation by such agency or commission, unless the 16 person or entity is an organization described in section 17 501(c)(3) of the Internal Revenue Code of 1986 and ex18 empt from tax under section 501(a) of such Code. 19 SEC. 617. Notwithstanding section 708 of this Act, 20 funds made available to the Commodity Futures Trading 21 Commission and the Securities and Exchange Commission 22 by this or any other Act may be used for the interagency 23 funding and sponsorship of a joint advisory committee to 24 advise on emerging regulatory issues. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 130 1 SEC. 618. (a)(1) Notwithstanding any other provision 2 of law, an Executive agency covered by this Act otherwise 3 authorized to enter into contracts for either leases or the 4 construction or alteration of real property for office, meet5 ing, storage, or other space must consult with the General 6 Services Administration before issuing a solicitation for of7 fers of new leases or construction contracts, and in the 8 case of succeeding leases, before entering into negotiations 9 with the current lessor. 10 (2) Any such agency with authority to enter into an 11 emergency lease may do so during any period declared by 12 the President to require emergency leasing authority with 13 respect to such agency. 14 (b) For purposes of this section, the term ‘‘Executive 15 agency covered by this Act’’ means any Executive agency 16 provided funds by this Act, but does not include the Gen17 eral Services Administration or the United States Postal 18 Service. 19 SEC. 619. (a) There are appropriated for the fol- 20 lowing activities the amounts required under current law: 21 (1) Compensation of the President (3 U.S.C. 22 102). 23 (2) Payments to— 24 (A) the Judicial Officers’ Retirement Fund 25 (28 U.S.C. 377(o)); L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 131 1 (B) the Judicial Survivors’ Annuities Fund 2 (28 U.S.C. 376(c)); and 3 (C) the United States Court of Federal 4 Claims Judges’ Retirement Fund (28 U.S.C. 5 178(l)). 6 (3) Payment of Government contributions— 7 (A) with respect to the health benefits of 8 retired employees, as authorized by chapter 89 9 of title 5, United States Code, and the Retired 10 Federal Employees Health Benefits Act (74 11 Stat. 849); and 12 (B) with respect to the life insurance bene- 13 fits for employees retiring after December 31, 14 1989 (5 U.S.C. ch. 87). 15 (4) Payment to finance the unfunded liability of 16 new and increased annuity benefits under the Civil 17 Service Retirement and Disability Fund (5 U.S.C. 18 8348). 19 (5) Payment of annuities authorized to be paid 20 from the Civil Service Retirement and Disability 21 Fund by statutory provisions other than subchapter 22 III of chapter 83 or chapter 84 of title 5, United 23 States Code. 24 (b) Nothing in this section may be construed to ex- 25 empt any amount appropriated by this section from any L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 132 1 otherwise applicable limitation on the use of funds con2 tained in this Act. 3 SEC. 620. None of the funds made available in this 4 Act may be used by the Federal Trade Commission to 5 complete the draft report entitled ‘‘Interagency Working 6 Group on Food Marketed to Children: Preliminary Pro7 posed Nutrition Principles to Guide Industry Self-Regu8 latory Efforts’’ unless the Interagency Working Group on 9 Food Marketed to Children complies with Executive Order 10 No. 13563. 11 SEC. 621. None of the funds made available by this 12 Act may be used to pay the salaries and expenses for the 13 following positions: 14 (1) Director, White House Office of Health Re- 15 form, or any substantially similar position. 16 (2) Assistant to the President for Energy and 17 Climate Change, or any substantially similar posi- 18 tion. 19 (3) Senior Advisor to the Secretary of the 20 Treasury assigned to the Presidential Task Force on 21 the Auto Industry and Senior Counselor for Manu- 22 facturing Policy, or any substantially similar posi- 23 tion. 24 (4) White House Director of Urban Affairs, or 25 any substantially similar position. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 133 1 SEC. 622. None of the funds made available in this 2 Act may be used in contravention of chapter 29, 31, or 3 33 of title 44, United States Code. 4 SEC. 623. (a) Not later than 180 days after the date 5 of enactment of this section, the agencies specified in sub6 section (b) shall each submit a report to the Committees 7 on Appropriations of the House of Representatives and the 8 Senate on— 9 (1) increasing public participation in the rule- 10 making process and reducing uncertainty; 11 (2) improving coordination with other Federal 12 agencies to eliminate redundant, inconsistent, and 13 overlapping regulations; and 14 (3) identifying existing regulations that have 15 been reviewed and determined to be outmoded, inef- 16 fective, or excessively burdensome. 17 (b) The agencies required to submit a report specified 18 in subsection (a) are— 19 (1) the Consumer Product Safety Commission; 20 (2) the Federal Communications Commission; 21 (3) the Federal Trade Commission; and 22 (4) the Securities and Exchange Commission. 23 SEC. 624. The unobligated balance in the Securities 24 and Exchange Commission Reserve Fund established by 25 section 991 of the Dodd-Frank Wall Street Reform and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 134 1 Consumer Protection Act (Public Law 111–203) is perma2 nently rescinded. 3 SEC. 625. None of the funds made available by this 4 Act shall be used by the Securities and Exchange Commis5 sion to study, develop, propose, finalize, issue, or imple6 ment any rule, regulation, or order regarding the disclo7 sure of political contributions to tax exempt organizations, 8 or dues paid to trade associations. 9 SEC. 626. None of the funds made available by this 10 or any other Act may be used by the Financial Stability 11 Oversight Council to make a determination, pursuant to 12 subsection (a) or (b) of section 113 of the Financial Sta13 bility Act of 2010 (12 U.S.C. 5323), with respect to a 14 nonbank financial company until— 15 (1) the Financial Stability Oversight Council, in 16 the notice described in subsection (e)(1) of such sec- 17 tion, identifies with specificity the risks to the finan- 18 cial stability of the United States presented by the 19 nonbank financial company and explains in sufficient 20 detail why regulatory action by the relevant primary 21 financial regulatory agency would be insufficient to 22 mitigate or prevent such risks; and 23 (2) if the nonbank financial company presents 24 a plan in a hearing conducted pursuant to sub- 25 section (e)(2) of such section to modify its business, L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 135 1 structure, or operations in order to mitigate the 2 risks identified in such a notice— 3 (A) the Financial Stability Oversight 4 Council makes a determination as to whether 5 such plan, if implemented, adequately mitigates 6 the identified risks; and 7 (B) if the Financial Stability Oversight 8 Council determines that such plan would ade- 9 quately mitigate the identified risk, the Coun- 10 cil— 11 (i) approves such plan; and 12 (ii) allows the nonbank financial com- 13 pany a reasonable period of time to imple- 14 ment such plan. 15 SEC. 627. None of the funds made available in this 16 Act may be used by a governmental entity to require the 17 disclosure by a provider of electronic communication serv18 ice to the public or remote computing service of the con19 tents of a wire or electronic communication that is in elec20 tronic storage with the provider (as such terms are defined 21 in sections 2510 and 2711 of title 18, United States Code) 22 in a manner that violates the Fourth Amendment to the 23 Constitution of the United States. 24 SEC. 628. (a) In each of fiscal years 2017 through 25 2025, section 628 of division E of the Consolidated Appro- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 136 1 priations Act, 2016 (Public Law 114-113; 129 Stat. 2469) 2 applies to a joint sales agreement regardless of any change 3 in the ownership of the stations involved in such agree4 ment. 5 (b) In the case of a joint sales agreement to which 6 such section applies, while such section is in effect, the 7 Federal Communications Commission— 8 (1) may not require the termination or modi- 9 fication of such agreement as a condition of the 10 transfer or assignment of a station license or the 11 transfer of station ownership or control; and 12 (2) upon request of the transferee or assignee 13 of the station license, shall eliminate any such condi- 14 tion that was imposed after March 31, 2014, and 15 permit the licensees of the stations whose adver- 16 tising was jointly sold pursuant to such agreement 17 to enter into a new joint sales agreement on sub- 18 stantially similar terms and conditions as the prior 19 agreement. 20 (c) In this section, the term ‘‘joint sales agreement’’ 21 has the meaning given such term in Note 2(k) to section 22 73.3555 of title 47, Code of Federal Regulations, and 23 where a joint sales agreement is part of a broader con24 tract, this section shall be limited to the joint sales agree25 ment portion of such contract. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 137 1 SEC. 629. None of the funds appropriated by this Act 2 may be used by the Federal Communications Commission 3 to modify, amend, or change the rules or regulations of 4 the Commission for universal service high-cost support for 5 competitive eligible telecommunications carriers in a way 6 that is inconsistent with paragraph (e)(5) or (e)(6) of sec7 tion 54.307 of title 47, Code of Federal Regulations, as 8 in effect on July 15, 2015: Provided, That this section 9 shall not prohibit the Commission from considering, devel10 oping, or adopting other support mechanisms as an alter11 native to Mobility Fund Phase II. 12 SEC. 630. None of the funds made available by this 13 Act may be used to implement, administer, or enforce any 14 rule (as defined in section 551 of title 5, United States 15 Code), or any amendment or repeal of an existing rule, 16 that is adopted by vote of the Federal Communications 17 Commission after the date of the enactment of this Act, 18 unless the Commission publishes the text of such rule, 19 amendment, or repeal on the Internet Web site of the 20 Commission not later than 21 days before the date on 21 which the vote occurs. 22 SEC. 631. None of the funds made available by this 23 Act may be used to regulate, directly or indirectly, the 24 prices, other fees, or data caps and allowances (as such 25 terms are described in paragraph 164 of the Report and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 138 1 Order on Remand, Declaratory Ruling, and Order in the 2 matter of protecting and promoting the open Internet, 3 adopted by the Federal Communications Commission on 4 February 26, 2015 (FCC 15–24)) charged or imposed by 5 providers of broadband Internet access service (as defined 6 in the final rules in Appendix A of such Report and Order 7 on Remand, Declaratory Ruling, and Order) for such serv8 ice, regardless of whether such regulation takes the form 9 of requirements for future conduct or enforcement regard10 ing past conduct. 11 SEC. 632. None of the funds made available by this 12 Act may be used to implement, administer, or enforce the 13 Report and Order on Remand, Declaratory Ruling, and 14 Order in the matter of protecting and promoting the open 15 Internet, adopted by the Federal Communications Com16 mission on February 26, 2015 (FCC 15–24), until the 17 first date on which there has been a final disposition (in18 cluding the exhaustion of or expiration of the time for any 19 appeals) of all of the following civil actions: 20 (1) Alamo Broadband Inc. v. Federal Commu- 21 nications Commission, et al., No. 15-60201, pending 22 in the United States Court of Appeals for the Fifth 23 Circuit as of the date of the enactment of this Act. 24 (2) United States Telecom Assoc. v. Federal 25 Communications Commission, et al., No. 15-1063, L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 139 1 pending in the United States Court of Appeals for 2 the District of Columbia Circuit as of the date of the 3 enactment of this Act. 4 (3) CenturyLink v. Federal Communications 5 Commission, No. 15-1099, pending in the United 6 States Court of Appeals for the District of Columbia 7 Circuit as of the date of the enactment of this Act. 8 SEC. 633. (a) Section 1105(a)(35) of title 31, United 9 States Code, is amended— 10 (1) by striking subparagraph (B) and redesig- 11 nating subparagraph (C) as subparagraph (B); 12 (2) by striking ‘‘homeland security’’ in each in- 13 stance it appears and inserting ‘‘cybersecurity’’; and 14 (3) by amending subparagraph (B) (as redesig- 15 nated by paragraph (1)) to read as follows: 16 ‘‘(B) Prior to implementing this paragraph, in- 17 cluding determining what Federal activities or ac- 18 counts constitute cybersecurity for purposes of budg- 19 etary classification, the Office of Management and 20 Budget shall consult with the Committees on Appro- 21 priations and the Committees on the Budget of the 22 House of Representatives and the Senate, the Com- 23 mittee on Homeland Security of the House of Rep- 24 resentatives, and the Committee on Homeland Secu- 25 rity and Government Affairs of the Senate.’’. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 140 1 (b) The amendments made by subsection (a) shall 2 apply to budget submissions under section 1105(a) of title 3 31, United States Code, for fiscal year 2018 and each sub4 sequent fiscal year. 5 SEC. 634. (a) Effective one year after the date of the 6 enactment of this Act, subtitle B of title IV of Public Law 7 102—281 is repealed. 8 (b) On the day before the date of the repeal under 9 subsection (a), the Secretary of the Treasury shall trans10 fer the amounts in the fund described in section 408(a) 11 of subtitle A of title IV of such Public Law into the gen12 eral fund of the Treasury. 13 SEC. 635. (a) None of the funds made available in 14 this Act may be used to maintain or establish a computer 15 network unless such network blocks the viewing, 16 downloading, and exchanging of pornography. 17 (b) Nothing in subsection (a) shall limit the use of 18 funds necessary for any Federal, State, tribal, or local law 19 enforcement agency or any other entity carrying out crimi20 nal investigations, prosecution, adjudication activities, or 21 other law enforcement- or victim assistance-related activ22 ity. 23 SEC. 636. (a) None of the funds made available by 24 this Act may be used to finalize, adopt, implement, admin25 ister, or enforce any proposed rule under section 629 of L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 141 1 the Communications Act of 1934 (47 U.S.C. 549) before 2 the date that is 180 days after the completion of the fol3 lowing process: 4 (1) There has been completed a study that— 5 (A) evaluates the potential costs and bene- 6 fits of the proposed rule and the potential costs 7 and benefits of other market-based solutions; 8 and 9 (B) meets the requirements of subsection 10 (b). 11 (2) The Federal Communications Commission 12 has— 13 (A) sought public comment on the study 14 described in paragraph (1); 15 (B) provided a period of not less than 90 16 days for the submission of such comments; and 17 (C) addressed the concerns raised in the 18 comment cycle under subparagraph (B) in a re- 19 port adopted by vote of the Commission and 20 made publicly available. 21 (b) A study meets the requirements of this subsection 22 if the study— 23 (1) is a peer-reviewed study conducted by an in- 24 stitution of higher education (as defined in section 25 101(a) of the Higher Education Act of 1965 (20 L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 142 1 U.S.C. 1001(a))) or an individual in the individual’s 2 capacity as a faculty member at such an institution; 3 and 4 (2) at minimum, analyzes the potential impact 5 of the proposed rule on— 6 (A) all parties in the video programming 7 marketplace, including video programming cre- 8 ators, programming networks, multichannel 9 video programming distributors, and sub- 10 scribers of multichannel video programming 11 services; 12 (B) video programming content diversity; 13 (C) intellectual property and content li- 14 censing; and 15 (D) consumer privacy and the legal rem- 16 edies available to consumers for violations of 17 video privacy obligations. 18 TITLE VII 19 GENERAL PROVISIONS—GOVERNMENT-WIDE 20 DEPARTMENTS, AGENCIES, 21 AND CORPORATIONS (INCLUDING TRANSFER OF FUNDS) 22 SEC. 701. No department, agency, or instrumentality 23 of the United States receiving appropriated funds under 24 this or any other Act for fiscal year 2017 shall obligate 25 or expend any such funds, unless such department, agen- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 143 1 cy, or instrumentality has in place, and will continue to 2 administer in good faith, a written policy designed to en3 sure that all of its workplaces are free from the illegal 4 use, possession, or distribution of controlled substances 5 (as defined in the Controlled Substances Act (21 U.S.C. 6 802)) by the officers and employees of such department, 7 agency, or instrumentality. 8 SEC. 702. Unless otherwise specifically provided, the 9 maximum amount allowable during the current fiscal year 10 in accordance with subsection 1343(c) of title 31, United 11 States Code, for the purchase of any passenger motor ve12 hicle (exclusive of buses, ambulances, law enforcement ve13 hicles, protective vehicles, and undercover surveillance ve14 hicles), is hereby fixed at $19,947 except station wagons 15 for which the maximum shall be $19,997: Provided, That 16 these limits may be exceeded by not to exceed $7,250 for 17 police-type vehicles: Provided further, That the limits set 18 forth in this section may not be exceeded by more than 19 5 percent for electric or hybrid vehicles purchased for 20 demonstration under the provisions of the Electric and 21 Hybrid Vehicle Research, Development, and Demonstra22 tion Act of 1976: Provided further, That the limits set 23 forth in this section may be exceeded by the incremental 24 cost of clean alternative fuels vehicles acquired pursuant 25 to Public Law 101–549 over the cost of comparable con- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 144 1 ventionally fueled vehicles: Provided further, That the lim2 its set forth in this section shall not apply to any vehicle 3 that is a commercial item and which operates on alter4 native fuel, including but not limited to electric, plug-in 5 hybrid electric, and hydrogen fuel cell vehicles. 6 SEC. 703. Appropriations of the executive depart- 7 ments and independent establishments for the current fis8 cal year available for expenses of travel, or for the ex9 penses of the activity concerned, are hereby made available 10 for quarters allowances and cost-of-living allowances, in 11 accordance with 5 U.S.C. 5922–5924. 12 SEC. 704. Unless otherwise specified in law during 13 the current fiscal year, no part of any appropriation con14 tained in this or any other Act shall be used to pay the 15 compensation of any officer or employee of the Govern16 ment of the United States (including any agency the ma17 jority of the stock of which is owned by the Government 18 of the United States) whose post of duty is in the conti19 nental United States unless such person: (1) is a citizen 20 of the United States; (2) is a person who is lawfully admit21 ted for permanent residence and is seeking citizenship as 22 outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who 23 is admitted as a refugee under 8 U.S.C. 1157 or is grant24 ed asylum under 8 U.S.C. 1158 and has filed a declaration 25 of intention to become a lawful permanent resident and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 145 1 then a citizen when eligible; or (4) is a person who owes 2 allegiance to the United States: Provided, That for pur3 poses of this section, affidavits signed by any such person 4 shall be considered prima facie evidence that the require5 ments of this section with respect to his or her status are 6 being complied with: Provided further, That for purposes 7 of subsections (2) and (3) such affidavits shall be sub8 mitted prior to employment and updated thereafter as nec9 essary: Provided further, That any payment made to any 10 officer or employee contrary to the provisions of this sec11 tion shall be recoverable in action by the Federal Govern12 ment: Provided further, That this section shall not apply 13 to any person who is an officer or employee of the Govern14 ment of the United States on the date of enactment of 15 this Act, or to international broadcasters employed by the 16 Broadcasting Board of Governors, or to temporary em17 ployment of translators, or to temporary employment in 18 the field service (not to exceed 60 days) as a result of 19 emergencies: Provided further, That this section does not 20 apply to the employment as wildland firefighters for not 21 more than 120 days of nonresident aliens employed by the 22 Department of the Interior or the USDA Forest Service 23 pursuant to an agreement with another country. 24 SEC. 705. Appropriations available to any depart- 25 ment or agency during the current fiscal year for nec- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 146 1 essary expenses, including maintenance or operating ex2 penses, shall also be available for payment to the General 3 Services Administration for charges for space and services 4 and those expenses of renovation and alteration of build5 ings and facilities which constitute public improvements 6 performed in accordance with the Public Buildings Act of 7 1959 (73 Stat. 479), the Public Buildings Amendments 8 of 1972 (86 Stat. 216), or other applicable law. 9 SEC. 706. In addition to funds provided in this or 10 any other Act, all Federal agencies are authorized to re11 ceive and use funds resulting from the sale of materials, 12 including Federal records disposed of pursuant to a 13 records schedule recovered through recycling or waste pre14 vention programs. Such funds shall be available until ex15 pended for the following purposes: 16 (1) Acquisition, waste reduction and prevention, 17 and recycling programs as described in Executive 18 Order No. 13693 (March 19, 2015), including any 19 such programs adopted prior to the effective date of 20 the Executive order. 21 (2) Other Federal agency environmental man- 22 agement programs, including, but not limited to, the 23 development and implementation of hazardous waste 24 management and pollution prevention programs. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 147 1 (3) Other employee programs as authorized by 2 law or as deemed appropriate by the head of the 3 Federal agency. 4 SEC. 707. Funds made available by this or any other 5 Act for administrative expenses in the current fiscal year 6 of the corporations and agencies subject to chapter 91 of 7 title 31, United States Code, shall be available, in addition 8 to objects for which such funds are otherwise available, 9 for rent in the District of Columbia; services in accordance 10 with 5 U.S.C. 3109; and the objects specified under this 11 head, all the provisions of which shall be applicable to the 12 expenditure of such funds unless otherwise specified in the 13 Act by which they are made available: Provided, That in 14 the event any functions budgeted as administrative ex15 penses are subsequently transferred to or paid from other 16 funds, the limitations on administrative expenses shall be 17 correspondingly reduced. 18 SEC. 708. No part of any appropriation contained in 19 this or any other Act shall be available for interagency 20 financing of boards (except Federal Executive Boards), 21 commissions, councils, committees, or similar groups 22 (whether or not they are interagency entities) which do 23 not have a prior and specific statutory approval to receive 24 financial support from more than one agency or instru25 mentality. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 148 1 SEC. 709. None of the funds made available pursuant 2 to the provisions of this or any other Act shall be used 3 to implement, administer, or enforce any regulation which 4 has been disapproved pursuant to a joint resolution duly 5 adopted in accordance with the applicable law of the 6 United States. 7 SEC. 710. During the period in which the head of 8 any department or agency, or any other officer or civilian 9 employee of the Federal Government appointed by the 10 President of the United States, holds office, no funds may 11 be obligated or expended in excess of $5,000 to furnish 12 or redecorate the office of such department head, agency 13 head, officer, or employee, or to purchase furniture or 14 make improvements for any such office, unless advance 15 notice of such furnishing or redecoration is transmitted 16 to the Committees on Appropriations of the House of Rep17 resentatives and the Senate. For the purposes of this sec18 tion, the term ‘‘office’’ shall include the entire suite of of19 fices assigned to the individual, as well as any other space 20 used primarily by the individual or the use of which is 21 directly controlled by the individual. 22 SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec- 23 tion 708 of this Act, funds made available for the current 24 fiscal year by this or any other Act shall be available for 25 the interagency funding of national security and emer- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 149 1 gency preparedness telecommunications initiatives which 2 benefit multiple Federal departments, agencies, or enti3 ties, as provided by Executive Order No. 13618 (July 6, 4 2012). 5 SEC. 712. (a) None of the funds made available by 6 this or any other Act may be obligated or expended by 7 any department, agency, or other instrumentality of the 8 Federal Government to pay the salaries or expenses of any 9 individual appointed to a position of a confidential or pol10 icy-determining character that is excepted from the com11 petitive service under section 3302 of title 5, United 12 States Code, (pursuant to schedule C of subpart C of part 13 213 of title 5 of the Code of Federal Regulations) unless 14 the head of the applicable department, agency, or other 15 instrumentality employing such schedule C individual cer16 tifies to the Director of the Office of Personnel Manage17 ment that the schedule C position occupied by the indi18 vidual was not created solely or primarily in order to detail 19 the individual to the White House. 20 (b) The provisions of this section shall not apply to 21 Federal employees or members of the Armed Forces de22 tailed to or from an element of the intelligence community 23 (as that term is defined under section 3(4) of the National 24 Security Act of 1947 (50 U.S.C. 3003(4))). L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 150 1 SEC. 713. No part of any appropriation contained in 2 this or any other Act shall be available for the payment 3 of the salary of any officer or employee of the Federal 4 Government, who— 5 (1) prohibits or prevents, or attempts or threat- 6 ens to prohibit or prevent, any other officer or em- 7 ployee of the Federal Government from having any 8 direct oral or written communication or contact with 9 any Member, committee, or subcommittee of the 10 Congress in connection with any matter pertaining 11 to the employment of such other officer or employee 12 or pertaining to the department or agency of such 13 other officer or employee in any way, irrespective of 14 whether such communication or contact is at the ini- 15 tiative of such other officer or employee or in re- 16 sponse to the request or inquiry of such Member, 17 committee, or subcommittee; or 18 (2) removes, suspends from duty without pay, 19 demotes, reduces in rank, seniority, status, pay, or 20 performance or efficiency rating, denies promotion 21 to, relocates, reassigns, transfers, disciplines, or dis- 22 criminates in regard to any employment right, enti- 23 tlement, or benefit, or any term or condition of em- 24 ployment of, any other officer or employee of the 25 Federal Government, or attempts or threatens to L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 151 1 commit any of the foregoing actions with respect to 2 such other officer or employee, by reason of any 3 communication or contact of such other officer or 4 employee with any Member, committee, or sub- 5 committee of the Congress as described in paragraph 6 (1). 7 SEC. 714. (a) None of the funds made available in 8 this or any other Act may be obligated or expended for 9 any employee training that— 10 (1) does not meet identified needs for knowl- 11 edge, skills, and abilities bearing directly upon the 12 performance of official duties; 13 (2) contains elements likely to induce high lev- 14 els of emotional response or psychological stress in 15 some participants; 16 (3) does not require prior employee notification 17 of the content and methods to be used in the train- 18 ing and written end of course evaluation; 19 (4) contains any methods or content associated 20 with religious or quasi-religious belief systems or 21 ‘‘new age’’ belief systems as defined in Equal Em- 22 ployment 23 915.022, dated September 2, 1988; or Opportunity Commission Notice N– L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 152 1 (5) is offensive to, or designed to change, par- 2 ticipants’ personal values or lifestyle outside the 3 workplace. 4 (b) Nothing in this section shall prohibit, restrict, or 5 otherwise preclude an agency from conducting training 6 bearing directly upon the performance of official duties. 7 SEC. 715. No part of any funds appropriated in this 8 or any other Act shall be used by an agency of the execu9 tive branch, other than for normal and recognized execu10 tive-legislative relationships, for publicity or propaganda 11 purposes, and for the preparation, distribution or use of 12 any kit, pamphlet, booklet, publication, radio, television, 13 infographic, social media, or film presentation designed to 14 support or defeat legislation pending before the Congress, 15 except in presentation to the Congress itself. 16 SEC. 716. None of the funds appropriated by this or 17 any other Act may be used by an agency to provide a Fed18 eral employee’s home address to any labor organization 19 except when the employee has authorized such disclosure 20 or when such disclosure has been ordered by a court of 21 competent jurisdiction. 22 SEC. 717. None of the funds made available in this 23 or any other Act may be used to provide any non-public 24 information such as mailing, telephone or electronic mail25 ing lists to any person or any organization outside of the L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 153 1 Federal Government without the approval of the Commit2 tees on Appropriations of the House of Representatives 3 and the Senate. 4 SEC. 718. No part of any appropriation contained in 5 this or any other Act shall be used directly or indirectly, 6 including by private contractor, for publicity or propa7 ganda purposes within the United States not heretofore 8 authorized by Congress. 9 SEC. 719. (a) In this section, the term ‘‘agency’’— 10 (1) means an Executive agency, as defined 11 under 5 U.S.C. 105; and 12 (2) includes a military department, as defined 13 under section 102 of such title, the United States 14 Postal Service, and the Postal Regulatory Commis- 15 sion. 16 (b) Unless authorized in accordance with law or regu- 17 lations to use such time for other purposes, an employee 18 of an agency shall use official time in an honest effort 19 to perform official duties. An employee not under a leave 20 system, including a Presidential appointee exempted under 21 5 U.S.C. 6301(2), has an obligation to expend an honest 22 effort and a reasonable proportion of such employee’s time 23 in the performance of official duties. 24 SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec- 25 tion 708 of this Act, funds made available for the current L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 154 1 fiscal year by this or any other Act to any department 2 or agency, which is a member of the Federal Accounting 3 Standards Advisory Board (FASAB), shall be available to 4 finance an appropriate share of FASAB administrative 5 costs. 6 SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec- 7 tion 708 of this Act, the head of each Executive depart8 ment and agency is hereby authorized to transfer to or 9 reimburse ‘‘General Services Administration, Government10 wide Policy’’ with the approval of the Director of the Of11 fice of Management and Budget, funds made available for 12 the current fiscal year by this or any other Act, including 13 rebates from charge card and other contracts: Provided, 14 That these funds shall be administered by the Adminis15 trator of General Services to support Government-wide 16 and other multi-agency financial, information technology, 17 procurement, and other management innovations, initia18 tives, and activities, including improving coordination and 19 reducing duplication, as approved by the Director of the 20 Office of Management and Budget, in consultation with 21 the appropriate interagency and multi-agency groups des22 ignated by the Director (including the President’s Man23 agement Council for overall management improvement ini24 tiatives, the Chief Financial Officers Council for financial 25 management initiatives, the Chief Information Officers L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 155 1 Council for information technology initiatives, the Chief 2 Human Capital Officers Council for human capital initia3 tives, the Chief Acquisition Officers Council for procure4 ment initiatives, and the Performance Improvement Coun5 cil for performance improvement initiatives): Provided fur6 ther, That the total funds transferred or reimbursed shall 7 not exceed $15,000,000 to improve coordination, reduce 8 duplication, and for other activities related to Federal 9 Government Priority Goals established by 31 U.S.C. 1120, 10 and not to exceed $17,000,000 for Government-Wide inno11 vations, initiatives, and activities: Provided further, That 12 the funds transferred to or for reimbursement of ‘‘General 13 Services Administration, Government-wide Policy’’ during 14 fiscal year 2017 shall remain available for obligation 15 through September 30, 2018: Provided further, That such 16 transfers or reimbursements may only be made after 15 17 days following notification of the Committees on Appro18 priations of the House of Representatives and the Senate 19 by the Director of the Office of Management and Budget. 20 SEC. 722. Notwithstanding any other provision of 21 law, a woman may breastfeed her child at any location 22 in a Federal building or on Federal property, if the woman 23 and her child are otherwise authorized to be present at 24 the location. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 156 1 SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec- 2 tion 708 of this Act, funds made available for the current 3 fiscal year by this or any other Act shall be available for 4 the interagency funding of specific projects, workshops, 5 studies, and similar efforts to carry out the purposes of 6 the National Science and Technology Council (authorized 7 by Executive Order No. 12881), which benefit multiple 8 Federal departments, agencies, or entities: Provided, That 9 the Office of Management and Budget shall provide a re10 port describing the budget of and resources connected with 11 the National Science and Technology Council to the Com12 mittees on Appropriations, the House Committee on 13 Science and Technology, and the Senate Committee on 14 Commerce, Science, and Transportation 90 days after en15 actment of this Act. 16 SEC. 724. Any request for proposals, solicitation, 17 grant application, form, notification, press release, or 18 other publications involving the distribution of Federal 19 funds shall comply with any relevant requirements in part 20 200 of title 2, Code of Federal Regulations: Provided, 21 That this section shall apply to direct payments, formula 22 funds, and grants received by a State receiving Federal 23 funds. 24 SEC. 725. (a) PROHIBITION 25 MONITORING OF FEDERAL AGENCY OF INDIVIDUALS’ INTERNET USE.—None of L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 157 1 the funds made available in this or any other Act may 2 be used by any Federal agency— 3 (1) to collect, review, or create any aggregation 4 of data, derived from any means, that includes any 5 personally identifiable information relating to an in- 6 dividual’s access to or use of any Federal Govern- 7 ment Internet site of the agency; or 8 (2) to enter into any agreement with a third 9 party (including another government agency) to col- 10 lect, review, or obtain any aggregation of data, de- 11 rived from any means, that includes any personally 12 identifiable information relating to an individual’s 13 access to or use of any nongovernmental Internet 14 site. 15 (b) EXCEPTIONS.—The limitations established in 16 subsection (a) shall not apply to— 17 (1) any record of aggregate data that does not 18 identify particular persons; 19 (2) any voluntary submission of personally iden- 20 tifiable information; 21 (3) any action taken for law enforcement, regu- 22 latory, or supervisory purposes, in accordance with 23 applicable law; or 24 (4) any action described in subsection (a)(1) 25 that is a system security action taken by the oper- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 158 1 ator of an Internet site and is necessarily incident 2 to providing the Internet site services or to pro- 3 tecting the rights or property of the provider of the 4 Internet site. 5 (c) DEFINITIONS.—For the purposes of this section: 6 (1) The term ‘‘regulatory’’ means agency ac- 7 tions to implement, interpret or enforce authorities 8 provided in law. 9 (2) The term ‘‘supervisory’’ means examina- 10 tions of the agency’s supervised institutions, includ- 11 ing assessing safety and soundness, overall financial 12 condition, management practices and policies and 13 compliance with applicable standards as provided in 14 law. 15 SEC. 726. (a) None of the funds appropriated by this 16 Act may be used to enter into or renew a contract which 17 includes a provision providing prescription drug coverage, 18 except where the contract also includes a provision for con19 traceptive coverage. 20 (b) Nothing in this section shall apply to a contract 21 with— 22 (1) any of the following religious plans: 23 (A) Personal Care’s HMO; and 24 (B) OSF HealthPlans, Inc.; and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 159 1 (2) any existing or future plan, if the carrier 2 for the plan objects to such coverage on the basis of 3 religious beliefs. 4 (c) In implementing this section, any plan that enters 5 into or renews a contract under this section may not sub6 ject any individual to discrimination on the basis that the 7 individual refuses to prescribe or otherwise provide for 8 contraceptives because such activities would be contrary 9 to the individual’s religious beliefs or moral convictions. 10 (d) Nothing in this section shall be construed to re- 11 quire coverage of abortion or abortion-related services. 12 SEC. 727. The United States is committed to ensur- 13 ing the health of its Olympic, Pan American, and 14 Paralympic athletes, and supports the strict adherence to 15 anti-doping in sport through testing, adjudication, edu16 cation, and research as performed by nationally recognized 17 oversight authorities. 18 SEC. 728. Notwithstanding any other provision of 19 law, funds appropriated for official travel to Federal de20 partments and agencies may be used by such departments 21 and agencies, if consistent with Office of Management and 22 Budget Circular A–126 regarding official travel for Gov23 ernment personnel, to participate in the fractional aircraft 24 ownership pilot program. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 160 1 SEC. 729. Notwithstanding any other provision of 2 law, none of the funds appropriated or made available 3 under this or any other appropriations Act may be used 4 to implement or enforce restrictions or limitations on the 5 Coast Guard Congressional Fellowship Program, or to im6 plement the proposed regulations of the Office of Per7 sonnel Management to add sections 300.311 through 8 300.316 to part 300 of title 5 of the Code of Federal Reg9 ulations, published in the Federal Register, volume 68, 10 number 174, on September 9, 2003 (relating to the detail 11 of executive branch employees to the legislative branch). 12 SEC. 730. Notwithstanding any other provision of 13 law, no executive branch agency shall purchase, construct, 14 or lease any additional facilities, except within or contig15 uous to existing locations, to be used for the purpose of 16 conducting Federal law enforcement training without the 17 advance approval of the Committees on Appropriations of 18 the House of Representatives and the Senate, except that 19 the Federal Law Enforcement Training Center is author20 ized to obtain the temporary use of additional facilities 21 by lease, contract, or other agreement for training which 22 cannot be accommodated in existing Center facilities. 23 SEC. 731. Unless otherwise authorized by existing 24 law, none of the funds provided in this or any other Act 25 may be used by an executive branch agency to produce L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 161 1 any prepackaged news story intended for broadcast or dis2 tribution in the United States, unless the story includes 3 a clear notification within the text or audio of the pre4 packaged news story that the prepackaged news story was 5 prepared or funded by that executive branch agency. 6 SEC. 732. None of the funds made available in this 7 Act may be used in contravention of section 552a of title 8 5, United States Code (popularly known as the Privacy 9 Act), and regulations implementing that section. 10 SEC. 733. (a) IN GENERAL.—None of the funds ap- 11 propriated or otherwise made available by this or any 12 other Act may be used for any Federal Government con13 tract with any foreign incorporated entity which is treated 14 as an inverted domestic corporation under section 835(b) 15 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 16 or any subsidiary of such an entity. 17 (b) WAIVERS.— 18 (1) IN GENERAL.—Any Secretary shall waive 19 subsection (a) with respect to any Federal Govern- 20 ment contract under the authority of such Secretary 21 if the Secretary determines that the waiver is re- 22 quired in the interest of national security. 23 (2) REPORT TO CONGRESS.—Any Secretary 24 issuing a waiver under paragraph (1) shall report 25 such issuance to Congress. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 162 1 (c) EXCEPTION.—This section shall not apply to any 2 Federal Government contract entered into before the date 3 of the enactment of this Act, or to any task order issued 4 pursuant to such contract. 5 SEC. 734. During fiscal year 2017, for each employee 6 who— 7 (1) 8 retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code; or 9 (2) retires under any other provision of sub- 10 chapter III of chapter 83 or chapter 84 of such title 11 5 and receives a payment as an incentive to sepa- 12 rate, the separating agency shall remit to the Civil 13 Service Retirement and Disability Fund an amount 14 equal to the Office of Personnel Management’s aver- 15 age unit cost of processing a retirement claim for 16 the preceding fiscal year. Such amounts shall be 17 available until expended to the Office of Personnel 18 Management and shall be deemed to be an adminis- 19 trative expense under section 8348(a)(1)(B) of title 20 5, United States Code. 21 SEC. 735. (a) None of the funds made available in 22 this or any other Act may be used to recommend or re23 quire any entity submitting an offer for a Federal contract 24 or otherwise performing or participating in acquisition at 25 any stage of the acquisition process (as defined in section L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 163 1 131 of title 41, United States Code) of property or services 2 by the Federal Government to disclose any of the following 3 information as a condition of submitting the offer or oth4 erwise performing in or participating in such acquisition: 5 (1) Any payment consisting of a contribution, 6 expenditure, independent expenditure, or disburse- 7 ment for an electioneering communication that is 8 made by the entity, its officers or directors, or any 9 of its affiliates or subsidiaries to a candidate for 10 election for Federal office or to a political com- 11 mittee, or that is otherwise made with respect to any 12 election for Federal office. 13 (2) Any disbursement of funds (other than a 14 payment described in paragraph (1)) made by the 15 entity, its officers or directors, or any of its affiliates 16 or subsidiaries to any person with the intent or the 17 reasonable expectation that the person will use the 18 funds to make a payment described in paragraph 19 (1). 20 (b) In this section, each of the terms ‘‘contribution’’, 21 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election22 eering communication’’, ‘‘candidate’’, ‘‘election’’, and 23 ‘‘Federal office’’ has the meaning given such term in the 24 Federal Election Campaign Act of 1971 (2 U.S.C. 431 25 et seq.). L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 164 1 SEC. 736. None of the funds made available in this 2 or any other Act may be used to pay for the painting of 3 a portrait of an officer or employee of the Federal govern4 ment, including the President, the Vice President, a mem5 ber of Congress (including a Delegate or a Resident Com6 missioner to Congress), the head of an executive branch 7 agency (as defined in section 133 of title 41, United States 8 Code), or the head of an office of the legislative branch. 9 SEC. 737. (a)(1) Notwithstanding any other provision 10 of law, and except as otherwise provided in this section, 11 no part of any of the funds appropriated for fiscal year 12 2017, by this or any other Act, may be used to pay any 13 prevailing rate employee described in section 14 5342(a)(2)(A) of title 5, United States Code— 15 (A) during the period from the date of expira- 16 tion of the limitation imposed by the comparable sec- 17 tion for the previous fiscal years until the normal ef- 18 fective date of the applicable wage survey adjust- 19 ment that is to take effect in fiscal year 2017, in an 20 amount that exceeds the rate payable for the appli- 21 cable grade and step of the applicable wage schedule 22 in accordance with such section; and 23 (B) during the period consisting of the remain- 24 der of fiscal year 2017, in an amount that exceeds, 25 as a result of a wage survey adjustment, the rate L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 165 1 payable under subparagraph (A) by more than the 2 sum of— 3 (i) the percentage adjustment taking effect 4 in fiscal year 2017 under section 5303 of title 5 5, United States Code, in the rates of pay 6 under the General Schedule; and 7 (ii) the difference between the overall aver- 8 age percentage of the locality-based com- 9 parability payments taking effect in fiscal year 10 2017 under section 5304 of such title (whether 11 by adjustment or otherwise), and the overall av- 12 erage percentage of such payments which was 13 effective in the previous fiscal year under such 14 section. 15 (2) Notwithstanding any other provision of law, no 16 prevailing rate employee described in subparagraph (B) or 17 (C) of section 5342(a)(2) of title 5, United States Code, 18 and no employee covered by section 5348 of such title, 19 may be paid during the periods for which paragraph (1) 20 is in effect at a rate that exceeds the rates that would 21 be payable under paragraph (1) were paragraph (1) appli22 cable to such employee. 23 (3) For the purposes of this subsection, the rates pay- 24 able to an employee who is covered by this subsection and 25 who is paid from a schedule not in existence on September L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 166 1 30, 2016, shall be determined under regulations pre2 scribed by the Office of Personnel Management. 3 (4) Notwithstanding any other provision of law, rates 4 of premium pay for employees subject to this subsection 5 may not be changed from the rates in effect on September 6 30, 2016, except to the extent determined by the Office 7 of Personnel Management to be consistent with the pur8 pose of this subsection. 9 (5) This subsection shall apply with respect to pay 10 for service performed after September 30, 2016. 11 (6) For the purpose of administering any provision 12 of law (including any rule or regulation that provides pre13 mium pay, retirement, life insurance, or any other em14 ployee benefit) that requires any deduction or contribu15 tion, or that imposes any requirement or limitation on the 16 basis of a rate of salary or basic pay, the rate of salary 17 or basic pay payable after the application of this sub18 section shall be treated as the rate of salary or basic pay. 19 (7) Nothing in this subsection shall be considered to 20 permit or require the payment to any employee covered 21 by this subsection at a rate in excess of the rate that would 22 be payable were this subsection not in effect. 23 (8) The Office of Personnel Management may provide 24 for exceptions to the limitations imposed by this sub25 section if the Office determines that such exceptions are L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 167 1 necessary to ensure the recruitment or retention of quali2 fied employees. 3 (b) Notwithstanding subsection (a), the adjustment 4 in rates of basic pay for the statutory pay systems that 5 take place in fiscal year 2017 under sections 5344 and 6 5348 of title 5, United States Code, shall be— 7 (1) not less than the percentage received by em- 8 ployees in the same location whose rates of basic pay 9 are adjusted pursuant to the statutory pay systems 10 under sections 5303 and 5304 of title 5, United 11 States Code: Provided, That prevailing rate employ- 12 ees at locations where there are no employees whose 13 pay is increased pursuant to sections 5303 and 5304 14 of title 5, United States Code, and prevailing rate 15 employees described in section 5343(a)(5) of title 5, 16 United States Code, shall be considered to be located 17 in the pay locality designated as ‘‘Rest of United 18 States’’ pursuant to section 5304 of title 5, United 19 States Code, for purposes of this subsection; and 20 (2) effective as of the first day of the first ap- 21 plicable pay period beginning after September 30, 22 2016. 23 SEC. 738. (a) The Vice President may not receive a 24 pay raise in calendar year 2017, notwithstanding the rate L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 168 1 adjustment made under section 104 of title 3, United 2 States Code, or any other provision of law. 3 (b) An employee serving in an Executive Schedule po- 4 sition, or in a position for which the rate of pay is fixed 5 by statute at an Executive Schedule rate, may not receive 6 a pay rate increase in calendar year 2017, notwith7 standing schedule adjustments made under section 5318 8 of title 5, United States Code, or any other provision of 9 law, except as provided in subsection (g), (h), or (i). This 10 subsection applies only to employees who are holding a po11 sition under a political appointment. 12 (c) A chief of mission or ambassador at large may 13 not receive a pay rate increase in calendar year 2017, not14 withstanding section 401 of the Foreign Service Act of 15 1980 (Public Law 96–465) or any other provision of law, 16 except as provided in subsection (g), (h), or (i). 17 (d) Notwithstanding sections 5382 and 5383 of title 18 5, United States Code, a pay rate increase may not be 19 received in calendar year 2017 (except as provided in sub20 section (g), (h), or (i)) by— 21 (1) a noncareer appointee in the Senior Execu- 22 tive Service paid a rate of basic pay at or above level 23 IV of the Executive Schedule; or 24 (2) a limited term appointee or limited emer- 25 gency appointee in the Senior Executive Service L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 169 1 serving under a political appointment and paid a 2 rate of basic pay at or above level IV of the Execu- 3 tive Schedule. 4 (e) Any employee paid a rate of basic pay (including 5 any locality-based payments under section 5304 of title 6 5, United States Code, or similar authority) at or above 7 level IV of the Executive Schedule who serves under a po8 litical appointment may not receive a pay rate increase 9 in calendar year 2017, notwithstanding any other provi10 sion of law, except as provided in subsection (g), (h), or 11 (i). This subsection does not apply to employees in the 12 General Schedule pay system or the Foreign Service pay 13 system, or to employees appointed under section 3161 of 14 title 5, United States Code, or to employees in another 15 pay system whose position would be classified at GS–15 16 or below if chapter 51 of title 5, United States Code, ap17 plied to them. 18 (f) Nothing in subsections (b) through (e) shall pre- 19 vent employees who do not serve under a political appoint20 ment from receiving pay increases as otherwise provided 21 under applicable law. 22 (g) A career appointee in the Senior Executive Serv- 23 ice who receives a Presidential appointment and who 24 makes an election to retain Senior Executive Service basic L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 170 1 pay entitlements under section 3392 of title 5, United 2 States Code, is not subject to this section. 3 (h) A member of the Senior Foreign Service who re- 4 ceives a Presidential appointment to any position in the 5 executive branch and who makes an election to retain Sen6 ior Foreign Service pay entitlements under section 302(b) 7 of the Foreign Service Act of 1980 (Public Law 96–465) 8 is not subject to this section. 9 (i) Notwithstanding subsections (b) through (e), an 10 employee in a covered position may receive a pay rate in11 crease upon an authorized movement to a different cov12 ered position with higher-level duties and a pre-established 13 higher level or range of pay, except that any such increase 14 must be based on the rates of pay and applicable pay limi15 tations in effect on December 31, 2013. 16 (j) Notwithstanding any other provision of law, for 17 an individual who is newly appointed to a covered position 18 during the period of time subject to this section, the initial 19 pay rate shall be based on the rates of pay and applicable 20 pay limitations in effect on December 31, 2013. 21 (k) If an employee affected by subsections (b) 22 through (e) is subject to a biweekly pay period that begins 23 in calendar year 2017 but ends in calendar year 2018, 24 the bar on the employee’s receipt of pay rate increases 25 shall apply through the end of that pay period. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 171 1 SEC. 739. (a) The head of any Executive branch de- 2 partment, agency, board, commission, or office funded by 3 this or any other appropriations Act shall submit annual 4 reports to the Inspector General or senior ethics official 5 for any entity without an Inspector General, regarding the 6 costs and contracting procedures related to each con7 ference held by any such department, agency, board, com8 mission, or office during fiscal year 2017 for which the 9 cost to the United States Government was more than 10 $100,000. 11 (b) Each report submitted shall include, for each con- 12 ference described in subsection (a) held during the applica13 ble period— 14 (1) a description of its purpose; 15 (2) the number of participants attending; 16 (3) a detailed statement of the costs to the 17 United States Government, including— 18 (A) the cost of any food or beverages; 19 (B) the cost of any audio-visual services; 20 (C) the cost of employee or contractor 21 travel to and from the conference; and 22 (D) a discussion of the methodology used 23 to determine which costs relate to the con- 24 ference; and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 172 1 (4) a description of the contracting procedures 2 used including— 3 (A) whether contracts were awarded on a 4 competitive basis; and 5 (B) a discussion of any cost comparison 6 conducted by the departmental component or 7 office in evaluating potential contractors for the 8 conference. 9 (c) Within 15 days after the end of a quarter, the 10 head of any such department, agency, board, commission, 11 or office shall notify the Inspector General or senior ethics 12 official for any entity without an Inspector General, of the 13 date, location, and number of employees attending a con14 ference held by any Executive branch department, agency, 15 board, commission, or office funded by this or any other 16 appropriations Act during fiscal year 2017 for which the 17 cost to the United States Government was more than 18 $20,000. 19 (d) A grant or contract funded by amounts appro- 20 priated by this or any other appropriations Act may not 21 be used for the purpose of defraying the costs of a con22 ference described in subsection (c) that is not directly and 23 programmatically related to the purpose for which the 24 grant or contract was awarded, such as a conference held 25 in connection with planning, training, assessment, review, L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 173 1 or other routine purposes related to a project funded by 2 the grant or contract. 3 (e) None of the funds made available in this or any 4 other appropriations Act may be used for travel and con5 ference activities that are not in compliance with Office 6 of Management and Budget Memorandum M–12–12 7 dated May 11, 2012 or any subsequent revisions to that 8 memorandum. 9 SEC. 740. None of the funds made available in this 10 or any other appropriations Act may be used to increase, 11 eliminate, or reduce funding for a program, project, or ac12 tivity as proposed in the President’s budget request for 13 a fiscal year until such proposed change is subsequently 14 enacted in an appropriation Act, or unless such change 15 is made pursuant to the reprogramming or transfer provi16 sions of this or any other appropriations Act. 17 SEC. 741. (a) None of the funds appropriated or oth- 18 erwise made available by this or any other Act may be 19 available for a contract, grant, or cooperative agreement 20 with an entity that requires employees or contractors of 21 such entity seeking to report fraud, waste, or abuse to sign 22 internal confidentiality agreements or statements prohib23 iting or otherwise restricting such employees or contrac24 tors from lawfully reporting such waste, fraud, or abuse 25 to a designated investigative or law enforcement represent- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 174 1 ative of a Federal department or agency authorized to re2 ceive such information. 3 (b) The limitation in subsection (a) shall not con- 4 travene requirements applicable to Standard Form 312, 5 Form 4414, or any other form issued by a Federal depart6 ment or agency governing the nondisclosure of classified 7 information. 8 SEC. 742. (a) No funds appropriated in this or any 9 other Act may be used to implement or enforce the agree10 ments in Standard Forms 312 and 4414 of the Govern11 ment or any other nondisclosure policy, form, or agree12 ment if such policy, form, or agreement does not contain 13 the following provisions: ‘‘These provisions are consistent 14 with and do not supersede, conflict with, or otherwise alter 15 the employee obligations, rights, or liabilities created by 16 existing statute or Executive order relating to (1) classi17 fied information, (2) communications to Congress, (3) the 18 reporting to an Inspector General of a violation of any 19 law, rule, or regulation, or mismanagement, a gross waste 20 of funds, an abuse of authority, or a substantial and spe21 cific danger to public health or safety, or (4) any other 22 whistleblower protection. The definitions, requirements, 23 obligations, rights, sanctions, and liabilities created by 24 controlling Executive orders and statutory provisions are 25 incorporated into this agreement and are controlling.’’: L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 175 1 Provided, That notwithstanding the preceding provision of 2 this section, a nondisclosure policy form or agreement that 3 is to be executed by a person connected with the conduct 4 of an intelligence or intelligence-related activity, other 5 than an employee or officer of the United States Govern6 ment, may contain provisions appropriate to the particular 7 activity for which such document is to be used. Such form 8 or agreement shall, at a minimum, require that the person 9 will not disclose any classified information received in the 10 course of such activity unless specifically authorized to do 11 so by the United States Government. Such nondisclosure 12 forms shall also make it clear that they do not bar disclo13 sures to Congress, or to an authorized official of an execu14 tive agency or the Department of Justice, that are essen15 tial to reporting a substantial violation of law. 16 (b) A nondisclosure agreement may continue to be 17 implemented and enforced notwithstanding subsection (a) 18 if it complies with the requirements for such agreement 19 that were in effect when the agreement was entered into. 20 (c) No funds appropriated in this or any other Act 21 may be used to implement or enforce any agreement en22 tered into during fiscal year 2014 which does not contain 23 substantially similar language to that required in sub24 section (a). L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 176 1 SEC. 743. None of the funds made available by this 2 or any other Act may be used to enter into a contract, 3 memorandum of understanding, or cooperative agreement 4 with, make a grant to, or provide a loan or loan guarantee 5 to, any corporation that has any unpaid Federal tax liabil6 ity that has been assessed, for which all judicial and ad7 ministrative remedies have been exhausted or have lapsed, 8 and that is not being paid in a timely manner pursuant 9 to an agreement with the authority responsible for col10 lecting the tax liability, where the awarding agency is 11 aware of the unpaid tax liability, unless a Federal agency 12 has considered suspension or debarment of the corporation 13 and has made a determination that this further action is 14 not necessary to protect the interests of the Government. 15 SEC. 744. None of the funds made available by this 16 or any other Act may be used to enter into a contract, 17 memorandum of understanding, or cooperative agreement 18 with, make a grant to, or provide a loan or loan guarantee 19 to, any corporation that was convicted of a felony criminal 20 violation under any Federal law within the preceding 24 21 months, where the awarding agency is aware of the convic22 tion, unless a Federal agency has considered suspension 23 or debarment of the corporation and has made a deter24 mination that this further action is not necessary to pro25 tect the interests of the Government. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 177 1 SEC. 745. None of the funds made available under 2 this or any other Act may be used to— 3 (a) implement, administer, carry out, modify, revise, 4 or enforce Executive Order 13690, entitled ‘‘Establishing 5 a Federal Flood Risk Management Standard and a Proc6 ess for Further Soliciting and Considering Stakeholder 7 Input’’ (issued January 30, 2015), until such time as each 8 affected agency–— 9 (1) publically releases and submits to the ap- 10 propriate Congressional committees an implementa- 11 tion plan that identifies all specific agency respon- 12 sibilities and program changes, including an assess- 13 ment of the near term and long term costs and ben- 14 efits of the responsibilities and changes identified in 15 such plan and 16 (2) seeks public comment on any regulation, 17 policy, or guidance to implement Executive Order 18 13690 for not less than 180 days and holds at least 19 one public hearing; or 20 (b) implement Executive Order 13690 in a manner 21 that modifies the non-grant components of the National 22 Flood Insurance Program under the National Flood In23 surance Act of 1968 (42 U.S.C. 4011 et seq.); or 24 (c) apply Executive Order 13690 or the Federal 25 Flood Risk Management Standard by any component of L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 178 1 the Department of Defense, including the Army Corps of 2 Engineers in a way that changes the ‘‘floodplain’’ consid3 ered when determining whether or not to issue a permit 4 under section 404 of the Federal Water Pollution Control 5 Act (33 U.S.C. 1344) or section 10 of the Act of March 6 3, 1899 (chapter 425, 30 Stat. 1151; 33 U.S.C. 403). 7 SEC. 746. Except as expressly provided otherwise, 8 any reference to ‘‘this Act’’ contained in any title other 9 than title IV or VIII shall not apply to such title IV or 10 VIII. 11 TITLE VIII 12 GENERAL PROVISIONS—DISTRICT OF 13 COLUMBIA 14 (INCLUDING TRANSFERS OF FUNDS) 15 SEC. 801. There are appropriated from the applicable 16 funds of the District of Columbia such sums as may be 17 necessary for making refunds and for the payment of legal 18 settlements or judgments that have been entered against 19 the District of Columbia government. 20 SEC. 802. None of the Federal funds provided in this 21 Act shall be used for publicity or propaganda purposes or 22 implementation of any policy including boycott designed 23 to support or defeat legislation pending before Congress 24 or any State legislature. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 179 1 SEC. 803. (a) None of the Federal funds provided 2 under this Act to the agencies funded by this Act, both 3 Federal and District government agencies, that remain 4 available for obligation or expenditure in fiscal year 2017, 5 or provided from any accounts in the Treasury of the 6 United States derived by the collection of fees available 7 to the agencies funded by this Act, shall be available for 8 obligation or expenditures for an agency through a re9 programming of funds which— 10 (1) creates new programs; 11 (2) eliminates a program, project, or responsi- 12 bility center; 13 (3) establishes or changes allocations specifi- 14 cally denied, limited or increased under this Act; 15 (4) increases funds or personnel by any means 16 for any program, project, or responsibility center for 17 which funds have been denied or restricted; 18 (5) re-establishes any program or project pre- 19 viously deferred through reprogramming; 20 (6) augments any existing program, project, or 21 responsibility center through a reprogramming of 22 funds in excess of $3,000,000 or 10 percent, which- 23 ever is less; or L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 180 1 (7) increases by 20 percent or more personnel 2 assigned to a specific program, project or responsi- 3 bility center, 4 unless prior approval is received from the Committees on 5 Appropriations of the House of Representatives and the 6 Senate. 7 (b) The District of Columbia government is author- 8 ized to approve and execute reprogramming and transfer 9 requests of local funds under this title through November 10 7, 2017. 11 SEC. 804. None of the Federal funds provided in this 12 Act may be used by the District of Columbia to provide 13 for salaries, expenses, or other costs associated with the 14 offices of United States Senator or United States Rep15 resentative under section 4(d) of the District of Columbia 16 Statehood Constitutional Convention Initiatives of 1979 17 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 18 SEC. 805. Except as otherwise provided in this sec- 19 tion, none of the funds made available by this Act or by 20 any other Act may be used to provide any officer or em21 ployee of the District of Columbia with an official vehicle 22 unless the officer or employee uses the vehicle only in the 23 performance of the officer’s or employee’s official duties. 24 For purposes of this section, the term ‘‘official duties’’ L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 181 1 does not include travel between the officer’s or employee’s 2 residence and workplace, except in the case of— 3 (1) an officer or employee of the Metropolitan 4 Police Department who resides in the District of Co- 5 lumbia or is otherwise designated by the Chief of the 6 Department; 7 (2) at the discretion of the Fire Chief, an offi- 8 cer or employee of the District of Columbia Fire and 9 Emergency Medical Services Department who re- 10 sides in the District of Columbia and is on call 24 11 hours a day; 12 (3) at the discretion of the Director of the De- 13 partment of Corrections, an officer or employee of 14 the District of Columbia Department of Corrections 15 who resides in the District of Columbia and is on 16 call 24 hours a day; 17 (4) at the discretion of the Chief Medical Ex- 18 aminer, an officer or employee of the Office of the 19 Chief Medical Examiner who resides in the District 20 of Columbia and is on call 24 hours a day; 21 (5) at the discretion of the Director of the 22 Homeland Security and Emergency Management 23 Agency, an officer or employee of the Homeland Se- 24 curity and Emergency Management Agency who re- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 182 1 sides in the District of Columbia and is on call 24 2 hours a day; 3 (6) the Mayor of the District of Columbia; and 4 (7) the Chairman of the Council of the District 5 of Columbia. 6 SEC. 806. (a) None of the Federal funds contained 7 in this Act may be used by the District of Columbia Attor8 ney General or any other officer or entity of the District 9 government to provide assistance for any petition drive or 10 civil action which seeks to require Congress to provide for 11 voting representation in Congress for the District of Co12 lumbia. 13 (b) Nothing in this section bars the District of Co- 14 lumbia Attorney General from reviewing or commenting 15 on briefs in private lawsuits, or from consulting with offi16 cials of the District government regarding such lawsuits. 17 SEC. 807. None of the Federal funds contained in 18 this Act may be used for any program of distributing ster19 ile needles or syringes for the hypodermic injection of any 20 illegal drug. 21 SEC. 808. Nothing in this Act may be construed to 22 prevent the Council or Mayor of the District of Columbia 23 from addressing the issue of the provision of contraceptive 24 coverage by health insurance plans, but it is the intent 25 of Congress that any legislation enacted on such issue L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 183 1 should include a ‘‘conscience clause’’ which provides excep2 tions for religious beliefs and moral convictions. 3 SEC. 809. (a) None of the Federal funds contained 4 in this Act may be used to enact or carry out any law, 5 rule, or regulation to legalize or otherwise reduce penalties 6 associated with the possession, use, or distribution of any 7 schedule I substance under the Controlled Substances Act 8 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de9 rivative. 10 (b) No funds available for obligation or expenditure 11 by any officer or employee of the District of Columbia gov12 ernment may be used to enact any law, rule, or regulation 13 to legalize or otherwise reduce penalties associated with 14 the possession, use, or distribution of any schedule I sub15 stance under the Controlled Substances Act (21 U.S.C. 16 801 et seq.) or any tetrahydrocannabinols derivative for 17 recreational purposes. 18 SEC. 810. No funds available for obligation or ex- 19 penditure by any officer or employee of the District of Co20 lumbia government shall be expended for any abortion ex21 cept where the life of the mother would be endangered if 22 the fetus were carried to term or where the pregnancy is 23 the result of an act of rape or incest. 24 SEC. 811. (a) No later than 30 calendar days after 25 the date of the enactment of this Act, the Chief Financial L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 184 1 Officer for the District of Columbia shall submit to the 2 appropriate committees of Congress, the Mayor, and the 3 Council of the District of Columbia, a revised appropriated 4 funds operating budget in the format of the budget that 5 the District of Columbia government submitted pursuant 6 to section 442 of the District of Columbia Home Rule Act 7 (D.C. Official Code, sec. 1–204.42), for all agencies of the 8 District of Columbia government for fiscal year 2017 that 9 is in the total amount of the approved appropriation and 10 that realigns all budgeted data for personal services and 11 other-than-personal services, respectively, with anticipated 12 actual expenditures. 13 (b) This section shall apply only to an agency for 14 which the Chief Financial Officer for the District of Co15 lumbia certifies that a reallocation is required to address 16 unanticipated changes in program requirements. 17 SEC. 812. No later than 30 calendar days after the 18 date of the enactment of this Act, the Chief Financial Offi19 cer for the District of Columbia shall submit to the appro20 priate committees of Congress, the Mayor, and the Council 21 for the District of Columbia, a revised appropriated funds 22 operating budget for the District of Columbia Public 23 Schools that aligns schools budgets to actual enrollment. 24 The revised appropriated funds budget shall be in the for25 mat of the budget that the District of Columbia govern- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 185 1 ment submitted pursuant to section 442 of the District 2 of Columbia Home Rule Act (D.C. Official Code, sec. 1– 3 204.42). 4 SEC. 813. (a) Amounts appropriated in this Act as 5 operating funds may be transferred to the District of Co6 lumbia’s enterprise and capital funds and such amounts, 7 once transferred, shall retain appropriation authority con8 sistent with the provisions of this Act. 9 (b) The District of Columbia government is author- 10 ized to reprogram or transfer for operating expenses any 11 local funds transferred or reprogrammed in this or the 12 four prior fiscal years from operating funds to capital 13 funds, and such amounts, once transferred or repro14 grammed, shall retain appropriation authority consistent 15 with the provisions of this Act. 16 (c) The District of Columbia government may not 17 transfer or reprogram for operating expenses any funds 18 derived from bonds, notes, or other obligations issued for 19 capital projects. 20 SEC. 814. None of the Federal funds appropriated 21 in this Act shall remain available for obligation beyond 22 the current fiscal year, nor may any be transferred to 23 other appropriations, unless expressly so provided herein. 24 SEC. 815. Except as otherwise specifically provided 25 by law or under this Act, not to exceed 50 percent of unob- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 186 1 ligated balances remaining available at the end of fiscal 2 year 2017 from appropriations of Federal funds made 3 available for salaries and expenses for fiscal year 2017 in 4 this Act, shall remain available through September 30, 5 2018, for each such account for the purposes authorized: 6 Provided, That a request shall be submitted to the Com7 mittees on Appropriations of the House of Representatives 8 and the Senate for approval prior to the expenditure of 9 such funds: Provided further, That these requests shall be 10 made in compliance with reprogramming guidelines out11 lined in section 803 of this Act. 12 SEC. 816. (a)(1) During fiscal year 2018, during a 13 period in which neither a District of Columbia continuing 14 resolution or a regular District of Columbia appropriation 15 bill is in effect, local funds are appropriated in the amount 16 provided for any project or activity for which local funds 17 are provided in the Act referred to in paragraph (2) (sub18 ject to any modifications enacted by the District of Colum19 bia as of the beginning of the period during which this 20 subsection is in effect) at the rate set forth by such Act. 21 (2) The Act referred to in this paragraph is the Act 22 of the Council of the District of Columbia pursuant to 23 which a proposed budget is approved for fiscal year 2018 24 which (subject to the requirements of the District of Co25 lumbia Home Rule Act) will constitute the local portion L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 187 1 of the annual budget for the District of Columbia govern2 ment for fiscal year 2018 for purposes of section 446 of 3 the District of Columbia Home Rule Act (sec. 1-204.46, 4 D.C. Official Code). 5 (b) Appropriations made by subsection (a) shall cease 6 to be available— 7 (1) during any period in which a District of Co- 8 lumbia continuing resolution for fiscal year 2018 is 9 in effect; or 10 (2) upon the enactment into law of the regular 11 District of Columbia appropriation bill for fiscal year 12 2018. 13 (c) An appropriation made by subsection (a) is pro- 14 vided under the authority and conditions as provided 15 under this Act and shall be available to the extent and 16 in the manner that would be provided by this Act. 17 (d) An appropriation made by subsection (a) shall 18 cover all obligations or expenditures incurred for such 19 project or activity during the portion of fiscal year 2018 20 for which this section applies to such project or activity. 21 (e) This section shall not apply to a project or activity 22 during any period of fiscal year 2018 if any other provi23 sion of law (other than an authorization of appropria24 tions)— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 188 1 (1) makes an appropriation, makes funds avail- 2 able, or grants authority for such project or activity 3 to continue for such period; or 4 (2) specifically provides that no appropriation 5 shall be made, no funds shall be made available, or 6 no authority shall be granted for such project or ac- 7 tivity to continue for such period. 8 (f) Nothing in this section shall be construed to affect 9 obligations of the government of the District of Columbia 10 mandated by other law. 11 SEC. 817. (a) Effective with respect to fiscal year 12 2013 and each succeeding fiscal year, the Local Budget 13 Autonomy Amendment Act of 2012 (D.C. Law 19–321) 14 is hereby repealed, and any provision of law amended or 15 repealed by such Act shall be restored or revived as if such 16 Act had not been enacted into law. 17 (b)(1) Section 450 of the District of Columbia Home 18 Rule Act (sec. 1–204.50, D.C. Official Code) is amend19 ed— 20 (A) in the first sentence, by striking ‘‘The 21 General Fund’’ and inserting ‘‘(a) IN GEN- 22 ERAL.—The 23 General Fund’’; and (B) by adding at the end the following new 24 subsection: L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 189 1 ‘‘(b) APPLICATION OF FEDERAL APPROPRIATIONS 2 PROCESS.—Nothing in this Act shall be construed as cre3 ating a continuing appropriation of the General Fund de4 scribed in subsection (a). All funds provided for the Dis5 trict of Columbia shall be appropriated on an annual fiscal 6 year basis through the Federal appropriations process. 7 For each fiscal year, the District shall be subject to all 8 applicable requirements of subchapter III of chapter 13 9 and subchapter II of chapter 15 of title 31, United States 10 Code (commonly known as the ‘Anti-Deficiency Act’), the 11 Budget and Accounting Act of 1921, and all other require12 ments and restrictions applicable to appropriations for 13 such fiscal year.’’. 14 (2) Section 603(a) of such Act (sec. 1–206.03(a), 15 D.C. Official Code) is amended— 16 (A) by striking ‘‘existing’’; and 17 (B) by striking the period at the end and in- 18 serting the following: ‘‘, or as authorizing the Dis- 19 trict of Columbia to make any such change.’’. 20 (3) The amendments made by this subsection shall 21 take effect as if included in the enactment of the District 22 of Columbia Home Rule Act. 23 SEC. 818. Except as expressly provided otherwise, 24 any reference to ‘‘this Act’’ contained in this title or in L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 190 1 title IV shall be treated as referring only to the provisions 2 of this title or of title IV. 3 TITLE IX 4 SOAR REAUTHORIZATION ACT 5 SEC. 901. SHORT TITLE; REFERENCES IN TITLE. 6 (a) SHORT TITLE.—This title may be cited as the 7 ‘‘Scholarships for Opportunity and Results Reauthoriza8 tion Act’’ or the ‘‘SOAR Reauthorization Act’’. 9 (b) REFERENCES IN TITLE.—Except as otherwise ex- 10 pressly provided, whenever in this title an amendment is 11 expressed in terms of an amendment to or repeal of a sec12 tion or other provision, the reference shall be considered 13 to be made to that section or other provision of the Schol14 arships for Opportunity and Results Act (division C of 15 Public Law 112–10; sec. 38–1853.01 et seq., D.C. Official 16 Code). 17 SEC. 902. REPEAL. 18 Section 817 of the Consolidated Appropriations Act, 19 2016 (Public Law 114–113) is repealed, and any provision 20 of law amended or repealed by such section is restored 21 or revived as if such section had not been enacted into 22 law. 23 SEC. 903. PURPOSES. 24 Section 3003 (sec. 38–1853.03, D.C. Official Code) 25 is amended by striking ‘‘particularly parents’’ and all that L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 191 1 follows through ‘‘, with’’ and inserting ‘‘particularly par2 ents of students who attend an elementary school or sec3 ondary school identified as one of the lowest-performing 4 schools under the District of Columbia’s accountability 5 system, with’’. 6 SEC. 904. PROHIBITING IMPOSITION OF LIMITS ON TYPES 7 OF ELIGIBLE STUDENTS PARTICIPATING IN 8 THE PROGRAM. 9 Section 3004(a) (sec. 38–1853.04(a), D.C. Official 10 Code) is amended by adding at the end the following: 11 ‘‘(3) PROHIBITING IMPOSITION OF LIMITS ON 12 ELIGIBLE STUDENTS PARTICIPATING IN THE PRO- 13 GRAM.— 14 ‘‘(A) IN GENERAL.—In carrying out the 15 program under this division, the Secretary may 16 not limit the number of eligible students receiv- 17 ing scholarships under section 3007(a), and 18 may not prevent otherwise eligible students 19 from participating in the program under this 20 division, based on any of the following: 21 ‘‘(i) The type of school the student 22 previously attended. 23 ‘‘(ii) Whether or not the student pre- 24 viously received a scholarship or partici- 25 pated in the program, including whether L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 192 1 an eligible student was awarded a scholar- 2 ship in any previous year but has not used 3 the scholarship, regardless of the number 4 of years of nonuse. 5 ‘‘(iii) Whether or not the student was 6 a member of the control group used by the 7 Institute of Education Sciences to carry 8 out previous evaluations of the program 9 under section 3009. 10 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 11 in subparagraph (A) may be construed to waive 12 the requirement under section 3005(b)(1)(B) 13 that the eligible entity carrying out the program 14 under this Act must carry out a random selec- 15 tion process, which gives weight to the priorities 16 described in section 3006, if more eligible stu- 17 dents seek admission in the program than the 18 program can accommodate.’’. 19 SEC. 905. REQUIRING ELIGIBLE ENTITIES TO UTILIZE IN- 20 TERNAL FISCAL AND QUALITY CONTROLS. 21 Section 3005(b)(1) (sec. 38–1853.05(b)(1), D.C. Of- 22 ficial Code) is amended— 23 (1) in subparagraph (I), by striking ‘‘, except 24 that a participating school may not be required to 25 submit to more than 1 site visit per school year’’; L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 193 1 (2) by redesignating subparagraphs (K) and 2 (L) as subparagraphs (L) and (M), respectively; 3 (3) by inserting after subparagraph (J) the fol- 4 lowing: 5 ‘‘(K) how the entity will ensure the finan- 6 cial viability of participating schools in which 7 85 percent or more of the total number of stu- 8 dents enrolled at the school are participating el- 9 igible students that receive and use an oppor- 10 tunity scholarship;’’; 11 (4) in subparagraph (L), as redesignated by 12 paragraph (2), by striking ‘‘and’’ at the end; and 13 (5) by adding at the end the following: 14 ‘‘(N) how the eligible entity will ensure 15 that it— 16 ‘‘(i) utilizes internal fiscal and quality 17 controls; and 18 ‘‘(ii) complies with applicable financial 19 reporting requirements and the require- 20 ments of this division; and’’. 21 SEC. 906. CLARIFICATION OF PRIORITIES FOR AWARDING 22 SCHOLARSHIPS TO ELIGIBLE STUDENTS. 23 Section 3006(1) (sec. 38–1853.06(1), D.C. Official 24 Code) is amended— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 194 1 (1) in subparagraph (A), by striking ‘‘attended’’ 2 and all that follows through the semicolon and in- 3 serting ‘‘attended an elementary school or secondary 4 school identified as one of the lowest-performing 5 schools under the District of Columbia’s account- 6 ability system; and’’; 7 (2) by striking subparagraph (B); 8 (3) by redesignating subparagraph (C) as sub- 9 paragraph (B); and 10 (4) in subparagraph (B), as redesignated by 11 paragraph (3), by striking the semicolon at the end 12 and inserting ‘‘or whether such students have, in the 13 past, attended a private school;’’. 14 SEC. 907. MODIFICATION OF REQUIREMENTS FOR PARTICI- 15 PATING SCHOOLS AND ELIGIBLE ENTITIES. 16 (a) CRIMINAL BACKGROUND CHECKS; COMPLIANCE 17 WITH REPORTING REQUIREMENTS.—Section 3007(a)(4) 18 (sec. 38–1853.07(a)(4), D.C. Official Code) is amended— 19 (1) in subparagraph (E), by striking ‘‘and’’ at 20 the end; 21 (2) by striking subparagraph (F) and inserting 22 the following: 23 ‘‘(F) ensures that, with respect to core 24 subject 25 taught by a teacher who has a baccalaureate matter, participating students are L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 195 1 degree or equivalent degree, whether such de- 2 gree was awarded in or outside of the United 3 States;’’; and 4 (3) by adding at the end the following: 5 ‘‘(G) conducts criminal background checks 6 on school employees who have direct and unsu- 7 pervised interaction with students; and 8 ‘‘(H) complies with all requests for data 9 and information regarding the reporting re- 10 quirements described in section 3010.’’. 11 (b) ACCREDITATION.—Section 3007(a) (sec. 38– 12 1853.07(a), D.C. Official Code), as amended by subsection 13 (a), is further amended— 14 (1) in paragraph (1), by striking ‘‘paragraphs 15 (2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and 16 (5)’’; and 17 (2) by adding at the end the following: 18 ‘‘(5) ACCREDITATION 19 ‘‘(A) IN REQUIREMENTS.— GENERAL.—None of the funds 20 provided under this division for opportunity 21 scholarships may be used by a participating eli- 22 gible student to enroll in a participating private 23 school unless the school— 24 ‘‘(i) in the case of a school that is a 25 participating school as of the date of en- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 196 1 actment of the SOAR Reauthorization 2 Act— 3 ‘‘(I) is fully accredited by an ac- 4 crediting body described in any of 5 subparagraphs (A) through (G) of 6 section 2202(16) of the District of 7 Columbia School Reform Act of 1995 8 (Public 9 1802.02(16)(A)–(G), 10 Law 104–134; D.C. sec. 38– Official Code); or 11 ‘‘(II) if such participating school 12 does not meet the requirements of 13 subclause (I)— 14 ‘‘(aa) not later than 1 year 15 after the date of enactment of 16 the Consolidated Appropriations 17 Act, 2016 (Public Law 114– 18 113), the school is pursuing full 19 accreditation by an accrediting 20 body described in subclause (I); 21 and 22 ‘‘(bb) is fully accredited by 23 such an accrediting body not 24 later than 5 years after the date 25 on which that school began the L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 197 1 process of pursuing full accredi- 2 tation in accordance with item 3 (aa); and 4 ‘‘(ii) in the case of a school that is not 5 a participating school as of the date of en- 6 actment of the SOAR Reauthorization Act, 7 is fully accredited by an accrediting body 8 described in clause (i)(I) before becoming a 9 participating school under this division. 10 ‘‘(B) REPORTS TO ELIGIBLE ENTITY.—Not 11 later than 5 years after the date of enactment 12 of the SOAR Reauthorization Act, each partici- 13 pating school shall submit to the eligible entity 14 a certification that the school has been fully ac- 15 credited in accordance with subparagraph (A). 16 ‘‘(C) ASSISTING 17 IN OTHER SCHOOLS.—If 18 fails to meet the requirements of this para- 19 graph, the eligible entity shall assist the parents 20 of the participating eligible students who attend 21 the school in identifying, applying to, and en- 22 rolling in another participating school under 23 this division. 24 ‘‘(6) TREATMENT 25 STUDENTS IN ENROLLING a participating school OF STUDENTS AWARDED A SCHOLARSHIP IN A PREVIOUS YEAR.—An eligible en- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 198 1 tity shall treat a participating eligible student who 2 was awarded an opportunity scholarship in any pre- 3 vious year and who has not used the scholarship as 4 a renewal student and not as a new applicant, with- 5 out regard as to— 6 ‘‘(A) whether the eligible student has used 7 the scholarship; and 8 ‘‘(B) the year in which the scholarship was 9 previously awarded.’’. 10 11 (c) REQUIRING USE GATED OF FUNDS REMAINING UNOBLI- FROM PREVIOUS FISCAL YEARS.— 12 (1) IN GENERAL.—Section 3007 (sec. 38– 13 1853.07, D.C. Official Code) is amended by adding 14 at the end the following: 15 ‘‘(e) REQUIRING USE 16 LIGATED 17 OF FUNDS REMAINING UNOB- FROM PREVIOUS FISCAL YEARS.— ‘‘(1) IN GENERAL.—To the extent that any 18 funds appropriated for the opportunity scholarship 19 program under this division for any fiscal year re- 20 main available for subsequent fiscal years under sec- 21 tion 3014(c), the Secretary shall make such funds 22 available to eligible entities receiving grants under 23 section 3004(a) for the uses described in paragraph 24 (2)— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 199 1 ‘‘(A) in the case of any remaining funds 2 that were appropriated before the date of enact- 3 ment of the SOAR Reauthorization Act, begin- 4 ning on the date of enactment of such Act; and 5 ‘‘(B) in the case of any remaining funds 6 appropriated on or after the date of enactment 7 of such Act, by the first day of the first subse- 8 quent fiscal year. 9 ‘‘(2) USE OF FUNDS.—If an eligible entity to 10 which the Secretary provided additional funds under 11 paragraph (1) elects to use such funds during a fis- 12 cal year, the eligible entity shall use— 13 ‘‘(A) not less than 95 percent of such addi- 14 tional funds to provide additional scholarships 15 for eligible students under section 3007(a), or 16 to increase the amount of the scholarships, dur- 17 ing such year; and 18 ‘‘(B) not more than a total of 5 percent of 19 such additional funds for administrative ex- 20 penses, parental assistance, or tutoring, as de- 21 scribed in subsections (b) and (c), during such 22 year. 23 ‘‘(3) SPECIAL RULE.—Any amounts made avail- 24 able for administrative expenses, parental assistance, 25 or tutoring under paragraph (2)(B) shall be in addi- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 200 1 tion to any other amounts made available for such 2 purposes in accordance with subsections (b) and 3 (c).’’. 4 (2) EFFECTIVE DATE.—The amendment made 5 by paragraph (1) shall take effect on the date of en- 6 actment of this title. 7 (d) USE OF FUNDS FOR ADMINISTRATIVE EXPENSES 8 AND PARENTAL ASSISTANCE.—Section 3007 (sec. 38– 9 1853.07, D.C. Official Code), as amended by this section, 10 is further amended— 11 (1) by striking subsections (b) and (c) and in- 12 serting the following: 13 ‘‘(b) ADMINISTRATIVE EXPENSES AND PARENTAL 14 ASSISTANCE.—The Secretary shall make $2,000,000 of 15 the amount made available under section 3014(a)(1) for 16 each fiscal year available to eligible entities receiving a 17 grant under section 3004(a) to cover the following ex18 penses: 19 ‘‘(1) The administrative expenses of carrying 20 out its program under this division during the year, 21 including— 22 ‘‘(A) determining the eligibility of students 23 to participate; 24 ‘‘(B) selecting the eligible students to re- 25 ceive scholarships; L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 201 1 ‘‘(C) determining the amount of the schol- 2 arships and issuing the scholarships to eligible 3 students; 4 ‘‘(D) compiling and maintaining financial 5 and programmatic records; 6 ‘‘(E) conducting site visits as described in 7 section 3005(b)(1)(I); and 8 ‘‘(F)(i) conducting a study, including a 9 survey of participating parents, on any barriers 10 for participating eligible students in gaining ad- 11 mission to, or attending, the participating 12 school that is their first choice; and 13 ‘‘(ii) not later than the end of the first full 14 fiscal year after the date of enactment of the 15 SOAR Reauthorization Act, submitting a report 16 to Congress that contains the results of such 17 study. 18 ‘‘(2) The expenses of educating parents about 19 the eligible entity’s program under this division, and 20 assisting parents through the application process 21 under this division, including— 22 ‘‘(A) providing information about the pro- 23 gram and the participating schools to parents 24 of eligible students, including information on L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 202 1 supplemental financial aid that may be available 2 at participating schools; 3 ‘‘(B) providing funds to assist parents of 4 students in meeting expenses that might other- 5 wise preclude the participation of eligible stu- 6 dents in the program; and 7 ‘‘(C) streamlining the application process 8 for parents.’’; and 9 (2) by redesignating subsection (d), and sub- 10 section (e) (as added by subsection (c)(1)), as sub- 11 sections (c) and (d), respectively. 12 (e) CLARIFICATION 13 DENT OF USE OF FUNDS FOR STU- ACADEMIC ASSISTANCE.—Section 3007(c) (sec. 38– 14 1853.07(c), D.C. Official Code), as redesignated by sub15 section (d)(2), is amended by striking ‘‘previously at16 tended’’ and all that follows through the period at the end 17 and inserting ‘‘previously attended an elementary school 18 or secondary school identified as one of the lowest-per19 forming schools under the District of Columbia’s account20 ability system.’’. 21 SEC. 908. PROGRAM EVALUATION. 22 (a) REVISION OF EVALUATION PROCEDURES AND 23 REQUIREMENTS.— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 203 1 (1) IN GENERAL.—Section 3009(a) (sec. 38– 2 1853.09(a), D.C. Official Code) is amended to read 3 as follows: 4 ‘‘(a) IN GENERAL.— 5 ‘‘(1) DUTIES OF THE SECRETARY AND THE 6 MAYOR.—The 7 trict of Columbia shall— Secretary and the Mayor of the Dis- 8 ‘‘(A) jointly enter into an agreement with 9 the Institute of Education Sciences of the De- 10 partment of Education to evaluate annually the 11 opportunity scholarship program under this di- 12 vision; 13 ‘‘(B) jointly enter into an agreement to 14 monitor and evaluate the use of funds author- 15 ized and appropriated for the District of Co- 16 lumbia public schools and the District of Co- 17 lumbia public charter schools under this divi- 18 sion; and 19 ‘‘(C) make the evaluations described in 20 subparagraphs (A) and (B) public in accord- 21 ance with subsection (c). 22 ‘‘(2) DUTIES OF THE SECRETARY.—The Sec- 23 retary, through a grant, contract, or cooperative 24 agreement, shall— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 204 1 ‘‘(A) ensure that the evaluation under 2 paragraph (1)(A)— 3 ‘‘(i) is conducted using an acceptable 4 quasi-experimental research design for de- 5 termining the effectiveness of the oppor- 6 tunity scholarship program under this divi- 7 sion that does not use a control study 8 group consisting of students who applied 9 for but did not receive opportunity scholar- 10 ships; and 11 ‘‘(ii) addresses the issues described in 12 paragraph (4); and 13 ‘‘(B) disseminate information on the im- 14 pact of the program— 15 ‘‘(i) in increasing academic achieve- 16 ment and educational attainment of par- 17 ticipating eligible students who use an op- 18 portunity scholarship; and 19 ‘‘(ii) on students and schools in the 20 District of Columbia. 21 ‘‘(3) DUTIES OF THE INSTITUTE OF EDU- 22 CATION 23 Sciences of the Department of Education shall— SCIENCES.—The Institute of Education 24 ‘‘(A) assess participating eligible students 25 who use an opportunity scholarship in each of L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 205 1 grades 3 through 8, as well as one of the grades 2 at the high school level, by supervising the ad- 3 ministration of the same reading and mathe- 4 matics assessment used by the District of Co- 5 lumbia public schools to comply with section 6 1111(b) of the Elementary and Secondary Edu- 7 cation Act of 1965 (20 U.S.C. 6311(b)); 8 ‘‘(B) measure the academic achievement of 9 all participating eligible students who use an 10 opportunity scholarship in the grades described 11 in subparagraph (A); and 12 ‘‘(C) work with eligible entities receiving a 13 grant under this division to ensure that the par- 14 ents of each student who is a participating eli- 15 gible student that uses an opportunity scholar- 16 ship agrees to permit their child to participate 17 in the evaluations and assessments carried out 18 by the Institute of Education Sciences under 19 this subsection. 20 ‘‘(4) ISSUES TO BE EVALUATED.—The issues to 21 be evaluated under paragraph (1)(A) shall include 22 the following: 23 ‘‘(A) A comparison of the academic 24 achievement of participating eligible students 25 who use an opportunity scholarship on the L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 206 1 measurements described in paragraph (3)(B) to 2 the academic achievement of a comparison 3 group of students with similar backgrounds in 4 the District of Columbia public schools. 5 ‘‘(B) The success of the program under 6 this division in expanding choice options for 7 parents of participating eligible students and 8 increasing the satisfaction of such parents and 9 students with their choice. 10 ‘‘(C) The reasons parents of participating 11 eligible students choose for their children to 12 participate in the program, including important 13 characteristics for selecting schools. 14 ‘‘(D) A comparison of the retention rates, 15 high school graduation rates, college enrollment 16 rates, college persistence rates, and college 17 graduation rates of participating eligible stu- 18 dents who use an opportunity scholarship with 19 the rates of students in the comparison group 20 described in subparagraph (A). 21 ‘‘(E) A comparison of the college enroll- 22 ment rates, college persistence rates, and col- 23 lege graduation rates of students who partici- 24 pated in the program in 2004, 2005, 2011, 25 2012, 2013, 2014, and 2015 as the result of L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 207 1 winning the Opportunity Scholarship Program 2 lottery with such enrollment, persistence, and 3 graduation rates for students who entered but 4 did not win such lottery in those years and who, 5 as a result, served as the control group for pre- 6 vious evaluations of the program under this di- 7 vision. Nothing in this subparagraph may be 8 construed to waive section 3004(a)(3)(A)(iii) 9 with respect to any such student. 10 ‘‘(F) A comparison of the safety of the 11 schools attended by participating eligible stu- 12 dents who use an opportunity scholarship and 13 the schools in the District of Columbia attended 14 by students in the comparison group described 15 in subparagraph (A), based on the perceptions 16 of the students and parents. 17 ‘‘(G) An assessment of student academic 18 achievement at participating schools in which 19 85 percent of the total number of students en- 20 rolled at the school are participating eligible 21 students who receive and use an opportunity 22 scholarship. 23 ‘‘(H) Such other issues with respect to 24 participating eligible students who use an op- 25 portunity scholarship as the Secretary considers L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 208 1 appropriate for inclusion in the evaluation, such 2 as the impact of the program on public elemen- 3 tary schools and secondary schools in the Dis- 4 trict of Columbia. 5 ‘‘(5) PROHIBITING 6 DISCLOSURE OF PERSONAL INFORMATION.— 7 ‘‘(A) IN GENERAL.—Any disclosure of per- 8 sonally identifiable information obtained under 9 this division shall be in compliance with section 10 444 of the General Education Provisions Act 11 (commonly known as the ‘Family Educational 12 Rights and Privacy Act of 1974’) (20 U.S.C. 13 1232g). 14 ‘‘(B) STUDENTS NOT ATTENDING PUBLIC 15 SCHOOLS.—With 16 not attending a public elementary school or sec- 17 ondary school, personally identifiable informa- 18 tion obtained under this division shall only be 19 disclosed to— respect to any student who is 20 ‘‘(i) individuals carrying out the eval- 21 uation described in paragraph (1)(A) for 22 such student; 23 ‘‘(ii) the group of individuals pro- 24 viding information for carrying out the 25 evaluation of such student; and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 209 1 ‘‘(iii) the parents of such student.’’. 2 (2) TRANSITION 3 OF EVALUATION.— (A) TERMINATION 4 TIONS.—The OF PREVIOUS EVALUA- Secretary of Education shall— 5 (i) terminate the evaluations con- 6 ducted under section 3009(a) of the Schol- 7 arships for Opportunity and Results Act 8 (sec. 38–1853.09(a), D.C. Official Code), 9 as in effect on the day before the date of 10 enactment of this title, after obtaining 11 data for the 2016–2017 school year; and 12 (ii) submit any reports required for 13 the 2016–2017 school year or preceding 14 years with respect to the evaluations in ac- 15 cordance with section 3009(b) of such Act. 16 (B) NEW 17 EVALUATIONS.— (i) IN GENERAL.—Effective beginning 18 with respect to the 2017–2018 school year, 19 the Secretary shall conduct new evalua- 20 tions in accordance with the provisions of 21 section 3009(a) of the Scholarships for Op- 22 portunity and Results Act (sec. 38– 23 1853.09(a), D.C. Official Code), as amend- 24 ed by this title. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 210 1 (ii) MOST RECENT EVALUATION.—As 2 a component of the new evaluations de- 3 scribed in clause (i), the Secretary shall 4 continue to monitor and evaluate the stu- 5 dents who were evaluated in the most re- 6 cent evaluation under such section prior to 7 the date of enactment of this title, includ- 8 ing by monitoring and evaluating the test 9 scores and other information of such stu- 10 dents. 11 (b) DUTY OF MAYOR TO ENSURE INSTITUTE HAS 12 ALL INFORMATION NECESSARY TO CARRY OUT EVALUA13 TIONS.—Section 3011(a)(1) (sec. 38–1853.11(a)(1), D.C. 14 Official Code) is amended to read as follows: 15 ‘‘(1) INFORMATION NECESSARY TO CARRY OUT 16 EVALUATIONS.—Ensure that all District of Colum- 17 bia public schools and District of Columbia public 18 charter schools make available to the Institute of 19 Education Sciences of the Department of Education 20 all of the information the Institute requires to carry 21 out the assessments and perform the evaluations re- 22 quired under section 3009(a).’’. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 211 1 SEC. 909. FUNDING FOR DISTRICT OF COLUMBIA PUBLIC 2 SCHOOLS AND PUBLIC CHARTER SCHOOLS. 3 (a) MANDATORY WITHHOLDING OF FUNDS FOR 4 FAILURE TO COMPLY WITH CONDITIONS.—Section 5 3011(b) (sec. 38–1853.11(b), D.C. Official Code) is 6 amended to read as follows: 7 ‘‘(b) ENFORCEMENT.—If, after reasonable notice and 8 an opportunity for a hearing, the Secretary determines 9 that the Mayor has failed to comply with any of the re10 quirements of subsection (a), the Secretary may withhold 11 from the Mayor, in whole or in part— 12 ‘‘(1) the funds otherwise authorized to be ap- 13 propriated under section 3014(a)(2), if the failure to 14 comply relates to the District of Columbia public 15 schools; 16 ‘‘(2) the funds otherwise authorized to be ap- 17 propriated under section 3014(a)(3), if the failure to 18 comply relates to the District of Columbia public 19 charter schools; or 20 ‘‘(3) the funds otherwise authorized to be ap- 21 propriated under both paragraphs (2) and (3) of 22 section 3014(a), if the failure relates to both the 23 District of Columbia public schools and the District 24 of Columbia public charter schools.’’. 25 (b) RULES 26 PORT OF FOR USE OF FUNDS PROVIDED FOR SUP- PUBLIC CHARTER SCHOOLS.—Section 3011 L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 212 1 (sec. 38–1853.11, D.C. Official Code), as amended by sec2 tion 7(b) and section 8(a), is further amended— 3 (1) by redesignating subsection (c) as sub- 4 section (d); and 5 (2) by inserting after subsection (b) the fol- 6 lowing new subsection: 7 ‘‘(c) SPECIFIC RULES REGARDING FUNDS PROVIDED 8 FOR SUPPORT OF PUBLIC CHARTER SCHOOLS.—The fol- 9 lowing rules shall apply with respect to the funds provided 10 under this division for the support of District of Columbia 11 public charter schools: 12 ‘‘(1) The Secretary may direct the funds pro- 13 vided for any fiscal year, or any portion thereof, to 14 the Office of the State Superintendent of Education 15 of the District of Columbia. 16 ‘‘(2) The Office of the State Superintendent of 17 Education of the District of Columbia may transfer 18 the funds to subgrantees that are— 19 ‘‘(A) specific District of Columbia public 20 charter schools or networks of such schools; or 21 ‘‘(B) District of Columbia-based nonprofit 22 organizations with experience in successfully 23 providing support or assistance to District of 24 Columbia public charter schools or networks of 25 such schools. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 213 1 ‘‘(3) The funds provided under this division for 2 the support of District of Columbia public charter 3 schools shall be available to any District of Columbia 4 public charter school in good standing with the Dis- 5 trict of Columbia Charter School Board, and the Of- 6 fice of the State Superintendent of Education of the 7 District of Columbia and the District of Columbia 8 Charter School Board may not restrict the avail- 9 ability of such funds to certain types of schools on 10 the basis of the school’s location, governing body, or 11 the school’s facilities.’’. 12 SEC. 910. REVISION OF CURRENT MEMORANDUM OF UN- 13 DERSTANDING. 14 Not later than the beginning of the 2017–2018 school 15 year, the Secretary of Education and the Mayor of the 16 District of Columbia shall revise the memorandum of un17 derstanding which is in effect under section 3012(d) of 18 the Scholarships for Opportunity and Results Act as of 19 the day before the date of the enactment of this title to 20 address the following: 21 (1) The amendments made by this title. 22 (2) The need to ensure that participating 23 schools under the Scholarships for Opportunity and 24 Results Act meet fire code standards and maintain 25 certificates of occupancy. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 214 1 (3) The need to ensure that District of Colum- 2 bia public schools and District of Columbia public 3 charter schools meet the requirements under such 4 Act to comply with all reasonable requests for infor- 5 mation necessary to carry out the evaluations re- 6 quired under section 3009(a) of such Act. 7 SEC. 911. DEFINITIONS. 8 Section 3013 (sec. 38–1853.13, D.C. Official Code) 9 is amended— 10 (1) by redesignating paragraphs (1) through 11 (10) as paragraphs (2) through (11), respectively; 12 (2) by inserting before paragraph (2), as redes- 13 ignated by paragraph (1), the following: 14 ‘‘(1) CORE 15 SUBJECT MATTER.—The term ‘core subject matter’ means— 16 ‘‘(A) mathematics; 17 ‘‘(B) science; and 18 ‘‘(C) English, reading, or language arts.’’; 19 and 20 (3) in paragraph (4)(B)(ii), as redesignated by 21 paragraph (1), by inserting ‘‘household with a’’ be- 22 fore ‘‘student’’. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 215 1 SEC. 912. EXTENSION OF AUTHORIZATION OF APPROPRIA- 2 TIONS. 3 (a) IN GENERAL.—Section 3014 (sec. 38–1853.14, 4 D.C. Official Code) is amended— 5 (1) in subsection (a), by striking ‘‘and for each 6 of the 4 succeeding fiscal years’’ and inserting ‘‘and 7 for each fiscal year through fiscal year 2021’’; and 8 (2) by adding at the end the following: 9 ‘‘(c) AVAILABILITY.—Amounts appropriated under 10 subsection (a)(1), including amounts appropriated and 11 available under such subsection before the date of enact12 ment of the SOAR Reauthorization Act, shall remain 13 available until expended.’’. 14 (b) EFFECTIVE DATE.—The amendment made by 15 subsection (a)(2) shall take effect on the date of enact16 ment of this title. 17 SEC. 913. EFFECTIVE DATE. 18 Except as otherwise provided, the amendments made 19 by this title shall apply with respect to school year 2017– 20 2018 and each succeeding school year. 21 TITLE X 22 SEC SMALL BUSINESS ADVOCATE ACT 23 SEC. 1001. SHORT TITLE. 24 This title may be cited as the ‘‘SEC Small Business 25 Advocate Act of 2016’’. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 216 1 SEC. 1002. ESTABLISHMENT OF OFFICE OF THE ADVOCATE 2 FOR SMALL BUSINESS CAPITAL FORMATION 3 AND SMALL BUSINESS CAPITAL FORMATION 4 ADVISORY COMMITTEE. 5 6 (a) OFFICE NESS OF THE ADVOCATE FOR SMALL BUSI- CAPITAL FORMATION.—Section 4 of the Securities 7 Exchange Act of 1934 (15 U.S.C. 78d) is amended by 8 adding at the end the following: 9 10 ‘‘(j) OFFICE NESS OF THE ADVOCATE FOR SMALL BUSI- CAPITAL FORMATION.— 11 ‘‘(1) OFFICE ESTABLISHED.—There is estab- 12 lished within the Commission the Office of the Advo- 13 cate for Small Business Capital Formation (here- 14 after in this subsection referred to as the ‘Office’). 15 ‘‘(2) ADVOCATE 16 FOR SMALL BUSINESS CAPITAL FORMATION.— 17 ‘‘(A) IN GENERAL.—The head of the Of- 18 fice shall be the Advocate for Small Business 19 Capital Formation, who shall— 20 ‘‘(i) report directly to the Commission; 21 and 22 ‘‘(ii) be appointed by the Commission, 23 from among individuals having experience 24 in advocating for the interests of small 25 businesses and encouraging small business 26 capital formation. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 217 1 ‘‘(B) COMPENSATION.—The annual rate of 2 pay for the Advocate for Small Business Cap- 3 ital Formation shall be equal to the highest rate 4 of annual pay for other senior executives who 5 report directly to the Commission. 6 ‘‘(C) NO 7 COMMISSION.—An 8 pointed as the Advocate for Small Business 9 Capital Formation if the individual is currently CURRENT EMPLOYEE OF THE individual may not be ap- 10 employed by the Commission. 11 ‘‘(3) STAFF OF OFFICE.—The Advocate for 12 Small Business Capital Formation, after consulta- 13 tion with the Commission, may retain or employ 14 independent counsel, research staff, and service 15 staff, as the Advocate for Small Business Capital 16 Formation determines to be necessary to carry out 17 the functions of the Office. 18 ‘‘(4) FUNCTIONS OF THE ADVOCATE FOR 19 SMALL BUSINESS CAPITAL FORMATION.—The 20 cate for Small Business Capital Formation shall— Advo- 21 ‘‘(A) assist small businesses and small 22 business investors in resolving significant prob- 23 lems such businesses and investors may have 24 with the Commission or with self-regulatory or- 25 ganizations; L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 218 1 ‘‘(B) identify areas in which small busi- 2 nesses and small business investors would ben- 3 efit from changes in the regulations of the 4 Commission or the rules of self-regulatory orga- 5 nizations; 6 ‘‘(C) identify problems that small busi- 7 nesses have with securing access to capital, in- 8 cluding any unique challenges to minority- 9 owned and women-owned small businesses; 10 ‘‘(D) analyze the potential impact on small 11 businesses and small business investors of— 12 ‘‘(i) proposed regulations of the Com- 13 mission that are likely to have a significant 14 economic impact on small businesses and 15 small business capital formation; and 16 ‘‘(ii) proposed rules that are likely to 17 have a significant economic impact on 18 small businesses and small business capital 19 formation of self-regulatory organizations 20 registered under this title; 21 ‘‘(E) conduct outreach to small businesses 22 and small business investors, including through 23 regional roundtables, in order to solicit views on 24 relevant capital formation issues; L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 219 1 ‘‘(F) to the extent practicable, propose to 2 the Commission changes in the regulations or 3 orders of the Commission and to Congress any 4 legislative, administrative, or personnel changes 5 that may be appropriate to mitigate problems 6 identified under this paragraph and to promote 7 the interests of small businesses and small busi- 8 ness investors; 9 ‘‘(G) consult with the Investor Advocate on 10 proposed recommendations made under sub- 11 paragraph (F); and 12 ‘‘(H) advise the Investor Advocate on 13 issues related to small businesses and small 14 business investors. 15 ‘‘(5) ACCESS TO DOCUMENTS.—The Commis- 16 sion shall ensure that the Advocate for Small Busi- 17 ness Capital Formation has full access to the docu- 18 ments and information of the Commission and any 19 self-regulatory organization, as necessary to carry 20 out the functions of the Office. 21 ‘‘(6) ANNUAL 22 ‘‘(A) IN REPORT ON ACTIVITIES.— GENERAL.—Not later than De- 23 cember 31 of each year after 2015, the Advo- 24 cate for Small Business Capital Formation shall 25 submit to the Committee on Banking, Housing, L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 220 1 and Urban Affairs of the Senate and the Com- 2 mittee on Financial Services of the House of 3 Representatives a report on the activities of the 4 Advocate for Small Business Capital Formation 5 during the immediately preceding fiscal year. 6 ‘‘(B) CONTENTS.—Each report required 7 under subparagraph (A) shall include— 8 ‘‘(i) appropriate statistical information 9 and full and substantive analysis; 10 ‘‘(ii) information on steps that the 11 Advocate for Small Business Capital For- 12 mation has taken during the reporting pe- 13 riod to improve small business services and 14 the responsiveness of the Commission and 15 self-regulatory organizations to small busi- 16 ness and small business investor concerns; 17 ‘‘(iii) a summary of the most serious 18 issues encountered by small businesses and 19 small business investors, including any 20 unique issues encountered by minority- 21 owned and women-owned small businesses 22 and their investors, during the reporting 23 period; 24 ‘‘(iv) an inventory of the items sum- 25 marized under clause (iii) (including items L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 221 1 summarized under such clause for any 2 prior reporting period on which no action 3 has been taken or that have not been re- 4 solved to the satisfaction of the Advocate 5 for Small Business Capital Formation as 6 of the beginning of the reporting period 7 covered by the report) that includes— 8 ‘‘(I) identification of any action 9 taken by the Commission or the self- 10 regulatory organization and the result 11 of such action; 12 ‘‘(II) the length of time that each 13 item has remained on such inventory; 14 and 15 ‘‘(III) for items on which no ac- 16 tion has been taken, the reasons for 17 inaction, and an identification of any 18 official who is responsible for such ac- 19 tion; 20 ‘‘(v) recommendations for such 21 changes to the regulations, guidance and 22 orders of the Commission and such legisla- 23 tive actions as may be appropriate to re- 24 solve problems with the Commission and 25 self-regulatory organizations encountered L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 222 1 by small businesses and small business in- 2 vestors and to encourage small business 3 capital formation; and 4 ‘‘(vi) any other information, as deter- 5 mined appropriate by the Advocate for 6 Small Business Capital Formation. 7 ‘‘(C) CONFIDENTIALITY.—No report re- 8 quired by subparagraph (A) may contain con- 9 fidential information. 10 ‘‘(D) INDEPENDENCE.—Each report re- 11 quired under subparagraph (A) shall be pro- 12 vided directly to the committees of Congress 13 listed in such subparagraph without any prior 14 review or comment from the Commission, any 15 commissioner, any other officer or employee of 16 the Commission, or the Office of Management 17 and Budget. 18 ‘‘(7) REGULATIONS.—The Commission shall es- 19 tablish procedures requiring a formal response to all 20 recommendations submitted to the Commission by 21 the Advocate for Small Business Capital Formation, 22 not later than 3 months after the date of such sub- 23 mission. 24 ‘‘(8) GOVERNMENT-BUSINESS 25 BUSINESS CAPITAL FORMATION.—The FORUM ON SMALL Advocate for L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 223 1 Small Business Capital Formation shall be respon- 2 sible for planning, organizing, and executing the an- 3 nual Government-Business Forum on Small Busi- 4 ness Capital Formation described in section 503 of 5 the Small Business Investment Incentive Act of 6 1980 (15 U.S.C. 80c–1). 7 ‘‘(9) RULE OF CONSTRUCTION.—Nothing in 8 this subsection may be construed as replacing or re- 9 ducing the responsibilities of the Investor Advocate 10 with respect to small business investors.’’. 11 (b) SMALL BUSINESS CAPITAL FORMATION ADVI- 12 SORY COMMITTEE.—Title I of the Securities Exchange 13 Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding 14 at the end the following: 15 ‘‘SEC. 40. SMALL BUSINESS CAPITAL FORMATION ADVISORY 16 COMMITTEE. 17 ‘‘(a) ESTABLISHMENT AND PURPOSE.— 18 ‘‘(1) ESTABLISHMENT.—There is established 19 within the Commission the Small Business Capital 20 Formation Advisory Committee (hereafter in this 21 section referred to as the ‘Committee’). 22 ‘‘(2) FUNCTIONS.— 23 ‘‘(A) IN GENERAL.—The Committee shall 24 provide the Commission with advice on the 25 Commission’s rules, regulations, and policies L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 224 1 with regard to the Commission’s mission of pro- 2 tecting investors, maintaining fair, orderly, and 3 efficient markets, and facilitating capital forma- 4 tion, as such rules, regulations, and policies re- 5 late to— 6 ‘‘(i) capital raising by emerging, pri- 7 vately held small businesses (‘emerging 8 companies’) and publicly traded companies 9 with less than $250,000,000 in public mar- 10 ket capitalization (‘smaller public compa- 11 nies’) through securities offerings, includ- 12 ing private and limited offerings and initial 13 and other public offerings; 14 ‘‘(ii) trading in the securities of 15 emerging companies and smaller public 16 companies; and 17 ‘‘(iii) public reporting and corporate 18 governance requirements of emerging com- 19 panies and smaller public companies. 20 ‘‘(B) LIMITATION.—The Committee shall 21 not provide any advice with respect to any poli- 22 cies, practices, actions, or decisions concerning 23 the Commission’s enforcement program. 24 ‘‘(b) MEMBERSHIP.— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 225 1 ‘‘(1) IN 2 mittee shall be— 3 GENERAL.—The members of the Com- ‘‘(A) the Advocate for Small Business Cap- 4 ital Formation; 5 ‘‘(B) not fewer than 10, and not more than 6 20, members appointed by the Commission, 7 from among individuals— 8 ‘‘(i) who represent— 9 ‘‘(I) emerging companies engag- 10 ing in private and limited securities 11 offerings or considering initial public 12 offerings (‘IPO’) (including the com- 13 panies’ officers and directors); 14 ‘‘(II) the professional advisors of 15 such companies (including attorneys, 16 accountants, investment bankers, and 17 financial advisors); and 18 ‘‘(III) the investors in such com- 19 panies (including angel investors, ven- 20 ture capital funds, and family offices); 21 ‘‘(ii) who are officers or directors of 22 minority-owned 23 women-owned small businesses; 24 ‘‘(iii) who represent— small businesses or L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 226 1 ‘‘(I) smaller public companies 2 (including the companies’ officers and 3 directors); 4 ‘‘(II) the professional advisors of 5 such companies (including attorneys, 6 auditors, underwriters, and financial 7 advisors); and 8 ‘‘(III) the pre-IPO and post-IPO 9 investors in such companies (both in- 10 stitutional, such as venture capital 11 funds, and individual, such as angel 12 investors); and 13 ‘‘(iv) who represent participants in the 14 marketplace for the securities of emerging 15 companies and smaller public companies, 16 such as securities exchanges, alternative 17 trading 18 processors, and transfer agents; and 19 ‘‘(C) three non-voting members— 20 systems, analysts, information ‘‘(i) one of whom shall be appointed 21 by the Investor Advocate; 22 ‘‘(ii) one of whom shall be appointed 23 by the North American Securities Adminis- 24 trators Association; and L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 227 1 ‘‘(iii) one of whom shall be appointed 2 by the Administrator of the Small Busi- 3 ness Administration. 4 ‘‘(2) TERM.—Each member of the Committee 5 appointed under subparagraph (B), (C)(ii), or 6 (C)(iii) of paragraph (1) shall serve for a term of 4 7 years. 8 ‘‘(3) MEMBERS 9 EES.—Members NOT COMMISSION EMPLOY- appointed under subparagraph (B), 10 (C)(ii), or (C)(iii) of paragraph (1) shall not be 11 treated as employees or agents of the Commission 12 solely because of membership on the Committee. 13 ‘‘(c) CHAIRMAN; VICE CHAIRMAN; SECRETARY; AS- 14 SISTANT 15 SECRETARY.— ‘‘(1) IN GENERAL.—The members of the Com- 16 mittee shall elect, from among the members of the 17 Committee— 18 ‘‘(A) a chairman; 19 ‘‘(B) a vice chairman; 20 ‘‘(C) a secretary; and 21 ‘‘(D) an assistant secretary. 22 ‘‘(2) TERM.—Each member elected under para- 23 graph (1) shall serve for a term of 3 years in the 24 capacity for which the member was elected under 25 paragraph (1). L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 228 1 ‘‘(d) MEETINGS.— 2 ‘‘(1) FREQUENCY 3 OF MEETINGS.—The Com- mittee shall meet— 4 ‘‘(A) not less frequently than four times 5 annually, at the call of the chairman of the 6 Committee; and 7 ‘‘(B) from time to time, at the call of the 8 Commission. 9 ‘‘(2) NOTICE.—The chairman of the Committee 10 shall give the members of the Committee written no- 11 tice of each meeting, not later than 2 weeks before 12 the date of the meeting. 13 ‘‘(e) COMPENSATION AND TRAVEL EXPENSES.— 14 Each member of the Committee who is not a full-time em15 ployee of the United States shall— 16 ‘‘(1) be entitled to receive compensation at a 17 rate not to exceed the daily equivalent of the annual 18 rate of basic pay in effect for a position at level V 19 of the Executive Schedule under section 5316 of title 20 5, United States Code, for each day during which 21 the member is engaged in the actual performance of 22 the duties of the Committee; and 23 ‘‘(2) while away from the home or regular place 24 of business of the member in the performance of 25 services for the Committee, be allowed travel ex- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 229 1 penses, including per diem in lieu of subsistence, in 2 the same manner as persons employed intermittently 3 in the Government service are allowed expenses 4 under section 5703 of title 5, United States Code. 5 ‘‘(f) STAFF.—The Commission shall make available 6 to the Committee such staff as the chairman of the Com7 mittee determines are necessary to carry out this section. 8 ‘‘(g) REVIEW BY COMMISSION.—The Commission 9 shall— 10 ‘‘(1) review the findings and recommendations 11 of the Committee; and 12 ‘‘(2) each time the Committee submits a finding 13 or recommendation to the Commission, promptly 14 issue a public statement— 15 ‘‘(A) assessing the finding or recommenda- 16 tion of the Committee; and 17 ‘‘(B) disclosing the action, if any, the Com- 18 mission intends to take with respect to the find- 19 ing or recommendation. 20 ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—The 21 Federal Advisory Committee Act (5 U.S.C. App.) shall not 22 apply with respect to the Committee and its activities.’’. 23 (c) ANNUAL GOVERNMENT-BUSINESS FORUM ON 24 SMALL BUSINESS CAPITAL FORMATION.—Section 503(a) 25 of the Small Business Investment Incentive Act of 1980 L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 230 1 (15 U.S.C. 80c–1(a)) is amended by inserting ‘‘(acting 2 through the Office of the Advocate for Small Business 3 Capital Formation and in consultation with the Small 4 Business Capital Formation Advisory Committee)’’ after 5 ‘‘Securities and Exchange Commission’’. 6 TITLE XI 7 FINANCIAL INSTITUTION BANKRUPTCY ACT 8 SEC. 1101. SHORT TITLE. 9 This title may be cited as the ‘‘Financial Institution 10 Bankruptcy Act of 2016’’. 11 SEC. 1102. GENERAL PROVISIONS RELATING TO COVERED 12 FINANCIAL CORPORATIONS. 13 (a) DEFINITION.—Section 101 of title 11, United 14 States Code, is amended by inserting the following after 15 paragraph (9): 16 ‘‘(9A) The term ‘covered financial corporation’ 17 means any corporation incorporated or organized 18 under any Federal or State law, other than a stock- 19 broker, a commodity broker, or an entity of the kind 20 specified in paragraph (2) or (3) of section 109(b), 21 that is— 22 ‘‘(A) a bank holding company, as defined 23 in section 2(a) of the Bank Holding Company 24 Act of 1956; or L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 231 1 ‘‘(B) a corporation that exists for the pri- 2 mary purpose of owning, controlling and financ- 3 ing its subsidiaries, that has total consolidated 4 assets of $50,000,000,000 or greater, and for 5 which, in its most recently completed fiscal 6 year— 7 ‘‘(i) annual gross revenues derived by 8 the corporation and all of its subsidiaries 9 from activities that are financial in nature 10 (as defined in section 4(k) of the Bank 11 Holding Company Act of 1956) and, if ap- 12 plicable, from the ownership or control of 13 one or more insured depository institu- 14 tions, represents 85 percent or more of the 15 consolidated annual gross revenues of the 16 corporation; or 17 ‘‘(ii) the consolidated assets of the 18 corporation and all of its subsidiaries re- 19 lated to activities that are financial in na- 20 ture (as defined in section 4(k) of the 21 Bank Holding Company Act of 1956) and, 22 if applicable, related to the ownership or 23 control of one or more insured depository 24 institutions, represents 85 percent or more L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 232 1 of the consolidated assets of the corpora- 2 tion.’’. 3 (b) APPLICABILITY OF CHAPTERS.—Section 103 of 4 title 11, United States Code, is amended by adding at the 5 end the following: 6 ‘‘(l) Subchapter V of chapter 11 of this title applies 7 only in a case under chapter 11 concerning a covered fi8 nancial corporation.’’. 9 (c) WHO MAY BE A DEBTOR.—Section 109 of title 10 11, United States Code, is amended— 11 (1) in subsection (b)— 12 (A) in paragraph (2), by striking ‘‘or’’ at 13 the end; 14 (B) in paragraph (3)(B), by striking the 15 period at the end and inserting ‘‘; or’’; and 16 (C) by adding at the end the following: 17 ‘‘(4) a covered financial corporation.’’; and 18 (2) in subsection (d)— 19 (A) by striking ‘‘and’’ before ‘‘an unin- 20 sured State member bank’’; 21 (B) by striking ‘‘or’’ before ‘‘a corpora- 22 tion’’; and 23 (C) by inserting ‘‘, or a covered financial 24 corporation’’ after ‘‘Federal Deposit Insurance 25 Corporation Improvement Act of 1991’’. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 233 1 (d) CONVERSION TO CHAPTER 7.—Section 1112 of 2 title 11, United States Code, is amended by adding at the 3 end the following: 4 ‘‘(g) Notwithstanding section 109(b), the court may 5 convert a case under subchapter V to a case under chapter 6 7 if— 7 ‘‘(1) a transfer approved under section 1185 8 has been consummated; 9 ‘‘(2) the court has ordered the appointment of 10 a special trustee under section 1186; and 11 ‘‘(3) the court finds, after notice and a hearing, 12 that conversion is in the best interest of the credi- 13 tors and the estate.’’. 14 (e)(1) Section 726(a)(1) of title 11, United States 15 Code, is amended by inserting after ‘‘first,’’ the following: 16 ‘‘in payment of any unpaid fees, costs, and expenses of 17 a special trustee appointed under section 1186, and then’’. 18 (2) Section 1129(a) of title 11, United States Code, 19 is amended by inserting after paragraph (16) the fol20 lowing: 21 ‘‘(17) In a case under subchapter V, all payable 22 fees, costs, and expenses of the special trustee have 23 been paid or the plan provides for the payment of 24 all such fees, costs, and expenses on the effective 25 date of the plan. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 234 1 ‘‘(18) In a case under subchapter V, confirma- 2 tion of the plan is not likely to cause serious adverse 3 effects on financial stability in the United States.’’. 4 (f) Section 322(b)(2) of title 11, United States Code, 5 is amended by striking ‘‘The’’ and inserting ‘‘In cases 6 under subchapter V, the United States trustee shall rec7 ommend to the court, and in all other cases, the’’. 8 SEC. 1103. LIQUIDATION, REORGANIZATION, OR RECAPI- 9 TALIZATION OF A COVERED FINANCIAL COR- 10 PORATION. 11 Chapter 11 of title 11, United States Code, is amend- 12 ed by adding at the end the following: 13 ‘‘SUBCHAPTER V—LIQUIDATION, REORGANIZA14 TION, OR RECAPITALIZATION OF A COV- 15 ERED FINANCIAL CORPORATION 16 ‘‘§ 1181. Inapplicability of other sections 17 ‘‘Sections 303 and 321(c) do not apply in a case 18 under this subchapter concerning a covered financial cor19 poration. Section 365 does not apply to a transfer under 20 section 1185, 1187, or 1188. 21 ‘‘§ 1182. Definitions for this subchapter 22 ‘‘In this subchapter, the following definitions shall 23 apply: 24 ‘‘(1) The term ‘Board’ means the Board of 25 Governors of the Federal Reserve System. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 235 1 ‘‘(2) The term ‘bridge company’ means a newly 2 formed corporation to which property of the estate 3 may be transferred under section 1185(a) and the 4 equity securities of which may be transferred to a 5 special trustee under section 1186(a). 6 ‘‘(3) The term ‘capital structure debt’ means all 7 unsecured debt of the debtor for borrowed money for 8 which the debtor is the primary obligor, other than 9 a qualified financial contract and other than debt se- 10 cured by a lien on property of the estate that is to 11 be transferred to a bridge company pursuant to an 12 order of the court under section 1185(a). 13 ‘‘(4) The term ‘contractual right’ means a con- 14 tractual right of a kind defined in section 555, 556, 15 559, 560, or 561. 16 ‘‘(5) The term ‘qualified financial contract’ 17 means any contract of a kind defined in paragraph 18 (25), (38A), (47), or (53B) of section 101, section 19 741(7), or paragraph (4), (5), (11), or (13) of sec- 20 tion 761. 21 ‘‘(6) The term ‘special trustee’ means the trust- 22 ee of a trust formed under section 1186(a)(1). L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 236 1 ‘‘§ 1183. Commencement of a case concerning a cov2 ered financial corporation 3 ‘‘(a) A case under this subchapter concerning a cov- 4 ered financial corporation may be commenced by the filing 5 of a petition with the court by the debtor under section 6 301 only if the debtor states to the best of its knowledge 7 under penalty of perjury in the petition that it is a covered 8 financial corporation. 9 ‘‘(b) The commencement of a case under subsection 10 (a) constitutes an order for relief under this subchapter. 11 ‘‘(c) The members of the board of directors (or body 12 performing similar functions) of a covered financial com13 pany shall have no liability to shareholders, creditors, or 14 other parties in interest for a good faith filing of a petition 15 to commence a case under this subchapter, or for any rea16 sonable action taken in good faith in contemplation of or 17 in connection with such a petition or a transfer under sec18 tion 1185 or section 1186, whether prior to or after com19 mencement of the case. 20 ‘‘(d) Counsel to the debtor shall provide, to the great- 21 est extent practicable without disclosing the identity of the 22 potential debtor, sufficient confidential notice to the chief 23 judge of the court of appeals for the circuit embracing the 24 district in which such counsel intends to file a petition to 25 commence a case under this subchapter regarding the po26 tential commencement of such case. The chief judge of L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 237 1 such court shall randomly assign to preside over such case 2 a bankruptcy judge selected from among the bankruptcy 3 judges designated by the Chief Justice of the United 4 States under section 298 of title 28. 5 ‘‘§ 1184. Regulators 6 ‘‘The Board, the Securities Exchange Commission, 7 the Office of the Comptroller of the Currency of the De8 partment of the Treasury, the Commodity Futures Trad9 ing Commission, and the Federal Deposit Insurance Cor10 poration may raise and may appear and be heard on any 11 issue in any case or proceeding under this subchapter. 12 ‘‘§ 1185. Special transfer of property of the estate 13 ‘‘(a) On request of the trustee, and after notice and 14 a hearing that shall occur not less than 24 hours after 15 the order for relief, the court may order a transfer under 16 this section of property of the estate, and the assignment 17 of executory contracts, unexpired leases, and qualified fi18 nancial contracts of the debtor, to a bridge company. 19 Upon the entry of an order approving such transfer, any 20 property transferred, and any executory contracts, unex21 pired leases, and qualified financial contracts assigned 22 under such order shall no longer be property of the estate. 23 Except as provided under this section, the provisions of 24 section 363 shall apply to a transfer and assignment under 25 this section. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 238 1 ‘‘(b) Unless the court orders otherwise, notice of a 2 request for an order under subsection (a) shall consist of 3 electronic or telephonic notice of not less than 24 hours 4 to— 5 ‘‘(1) the debtor; 6 ‘‘(2) the holders of the 20 largest secured 7 claims against the debtor; 8 ‘‘(3) the holders of the 20 largest unsecured 9 claims against the debtor; 10 ‘‘(4) counterparties to any debt, executory con- 11 tract, unexpired lease, and qualified financial con- 12 tract requested to be transferred under this section; 13 ‘‘(5) the Board; 14 ‘‘(6) the Federal Deposit Insurance Corpora- 15 tion; 16 ‘‘(7) the Secretary of the Treasury and the Of- 17 fice of the Comptroller of the Currency of the Treas- 18 ury; 19 ‘‘(8) the Commodity Futures Trading Commis- 20 sion; 21 ‘‘(9) the Securities and Exchange Commission; 22 ‘‘(10) the United States trustee or bankruptcy 23 administrator; and 24 ‘‘(11) each primary financial regulatory agency, 25 as defined in section 2(12) of the Dodd-Frank Wall L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 239 1 Street Reform and Consumer Protection Act, with 2 respect to any affiliate the equity securities of which 3 are proposed to be transferred under this section. 4 ‘‘(c) The court may not order a transfer under this 5 section unless the court determines, based upon a prepon6 derance of the evidence, that— 7 ‘‘(1) the transfer under this section is necessary 8 to prevent serious adverse effects on financial sta- 9 bility in the United States; 10 ‘‘(2) the transfer does not provide for the as- 11 sumption of any capital structure debt by the bridge 12 company; 13 ‘‘(3) the transfer does not provide for the trans- 14 fer to the bridge company of any property of the es- 15 tate that is subject to a lien securing a debt, execu- 16 tory contract, unexpired lease or agreement (includ- 17 ing a qualified financial contract) of the debtor un- 18 less— 19 ‘‘(A)(i) the bridge company assumes such 20 debt, executory contract, unexpired lease or 21 agreement (including a qualified financial con- 22 tract), including any claims arising in respect 23 thereof that would not be allowed secured 24 claims under section 506(a)(1) and after giving 25 effect to such transfer, such property remains L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 240 1 subject to the lien securing such debt, executory 2 contract, unexpired lease or agreement (includ- 3 ing a qualified financial contract); and 4 ‘‘(ii) the court has determined that as- 5 sumption of such debt, executory contract, un- 6 expired lease or agreement (including a quali- 7 fied financial contract) by the bridge company 8 is in the best interests of the estate; or 9 ‘‘(B) such property is being transferred to 10 the bridge company in accordance with the pro- 11 visions of section 363; 12 ‘‘(4) the transfer does not provide for the as- 13 sumption by the bridge company of any debt, execu- 14 tory contract, unexpired lease or agreement (includ- 15 ing a qualified financial contract) of the debtor se- 16 cured by a lien on property of the estate unless the 17 transfer provides for such property to be transferred 18 to the bridge company in accordance with paragraph 19 (3)(A) of this subsection; 20 ‘‘(5) the transfer does not provide for the trans- 21 fer of the equity of the debtor; 22 ‘‘(6) the trustee has demonstrated that the 23 bridge company is not likely to fail to meet the obli- 24 gations of any debt, executory contract, qualified fi- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 241 1 nancial contract, or unexpired lease assumed and as- 2 signed to the bridge company; 3 ‘‘(7) the transfer provides for the transfer to a 4 special trustee all of the equity securities in the 5 bridge company and appointment of a special trustee 6 in accordance with section 1186; 7 ‘‘(8) after giving effect to the transfer, ade- 8 quate provision has been made for the fees, costs, 9 and expenses of the estate and special trustee; and 10 ‘‘(9) the bridge company will have governing 11 documents, and initial directors and senior officers, 12 that are in the best interest of creditors and the es- 13 tate. 14 ‘‘(d) Immediately before a transfer under this section, 15 the bridge company that is the recipient of the transfer 16 shall— 17 ‘‘(1) not have any property, executory con- 18 tracts, unexpired leases, qualified financial contracts, 19 or debts, other than any property acquired or execu- 20 tory contracts, unexpired leases, or debts assumed 21 when acting as a transferee of a transfer under this 22 section; and 23 ‘‘(2) have equity securities that are property of 24 the estate, which may be sold or distributed in ac- 25 cordance with this title. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 242 1 ‘‘§ 1186. Special trustee 2 ‘‘(a)(1) An order approving a transfer under section 3 1185 shall require the trustee to transfer to a qualified 4 and independent special trustee, who is appointed by the 5 court, all of the equity securities in the bridge company 6 that is the recipient of a transfer under section 1185 to 7 hold in trust for the sole benefit of the estate, subject to 8 satisfaction of the special trustee’s fees, costs, and ex9 penses. The trust of which the special trustee is the trust10 ee shall be a newly formed trust governed by a trust agree11 ment approved by the court as in the best interests of the 12 estate, and shall exist for the sole purpose of holding and 13 administering, and shall be permitted to dispose of, the 14 equity securities of the bridge company in accordance with 15 the trust agreement. 16 ‘‘(2) In connection with the hearing to approve a 17 transfer under section 1185, the trustee shall confirm to 18 the court that the Board has been consulted regarding the 19 identity of the proposed special trustee and advise the 20 court of the results of such consultation. 21 ‘‘(b) The trust agreement governing the trust shall 22 provide— 23 ‘‘(1) for the payment of the fees, costs, ex- 24 penses, and indemnities of the special trustee from 25 the assets of the debtor’s estate; 26 ‘‘(2) that the special trustee provide— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 243 1 ‘‘(A) quarterly reporting to the estate, 2 which shall be filed with the court; and 3 ‘‘(B) information about the bridge com- 4 pany reasonably requested by a party in inter- 5 est to prepare a disclosure statement for a plan 6 providing for distribution of any securities of 7 the bridge company if such information is nec- 8 essary to prepare such disclosure statement; 9 ‘‘(3) that for as long as the equity securities of 10 the bridge company are held by the trust, the special 11 trustee shall file a notice with the court in connec- 12 tion with— 13 ‘‘(A) any change in a director or senior of- 14 ficer of the bridge company; 15 ‘‘(B) any modification to the governing 16 documents of the bridge company; and 17 ‘‘(C) any material corporate action of the 18 bridge company, including— 19 ‘‘(i) recapitalization; 20 ‘‘(ii) a material borrowing; 21 ‘‘(iii) termination of an intercompany 22 debt or guarantee; 23 ‘‘(iv) a transfer of a substantial por- 24 tion of the assets of the bridge company; 25 or L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 244 1 ‘‘(v) the issuance or sale of any secu- 2 rities of the bridge company; 3 ‘‘(4) that any sale of any equity securities of 4 the bridge company shall not be consummated until 5 the special trustee consults with the Federal Deposit 6 Insurance Corporation and the Board regarding 7 such sale and discloses the results of such consulta- 8 tion with the court; 9 ‘‘(5) that, subject to reserves for payments per- 10 mitted under paragraph (1) provided for in the trust 11 agreement, the proceeds of the sale of any equity se- 12 curities of the bridge company by the special trustee 13 be held in trust for the benefit of or transferred to 14 the estate; 15 ‘‘(6) the process and guidelines for the replace- 16 ment of the special trustee; and 17 ‘‘(7) that the property held in trust by the spe- 18 cial trustee is subject to distribution in accordance 19 with subsection (c). 20 ‘‘(c)(1) The special trustee shall distribute the assets 21 held in trust— 22 ‘‘(A) if the court confirms a plan in the case, 23 in accordance with the plan on the effective date of 24 the plan; or L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 245 1 ‘‘(B) if the case is converted to a case under 2 chapter 7, as ordered by the court. 3 ‘‘(2) As soon as practicable after a final distribution 4 under paragraph (1), the office of the special trustee shall 5 terminate, except as may be necessary to wind up and con6 clude the business and financial affairs of the trust. 7 ‘‘(d) After a transfer to the special trustee under this 8 section, the special trustee shall be subject only to applica9 ble nonbankruptcy law, and the actions and conduct of 10 the special trustee shall no longer be subject to approval 11 by the court in the case under this subchapter. 12 ‘‘§ 1187. Temporary and supplemental automatic stay; 13 assumed debt 14 ‘‘(a)(1) A petition filed under section 1183 operates 15 as a stay, applicable to all entities, of the termination, ac16 celeration, or modification of any debt, contract, lease, or 17 agreement of the kind described in paragraph (2), or of 18 any right or obligation under any such debt, contract, 19 lease, or agreement, solely because of— 20 ‘‘(A) a default by the debtor under any such 21 debt, contract, lease, or agreement; or 22 ‘‘(B) a provision in such debt, contract, lease, 23 or agreement, or in applicable nonbankruptcy law, 24 that is conditioned on— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 246 1 ‘‘(i) the insolvency or financial condition of 2 the debtor at any time before the closing of the 3 case; 4 ‘‘(ii) the commencement of a case under 5 this title concerning the debtor; 6 ‘‘(iii) the appointment of or taking posses- 7 sion by a trustee in a case under this title con- 8 cerning the debtor or by a custodian before the 9 commencement of the case; or 10 ‘‘(iv) a credit rating agency rating, or ab- 11 sence or withdrawal of a credit rating agency 12 rating— 13 ‘‘(I) of the debtor at any time after 14 the commencement of the case; 15 ‘‘(II) of an affiliate during the period 16 from the commencement of the case until 17 48 hours after such order is entered; 18 ‘‘(III) of the bridge company while the 19 trustee or the special trustee is a direct or 20 indirect beneficial holder of more than 50 21 percent of the equity securities of— 22 ‘‘(aa) the bridge company; or 23 ‘‘(bb) the affiliate, if all of the di- 24 rect or indirect interests in the affil- L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 247 1 iate that are property of the estate 2 are transferred under section 1185; or 3 ‘‘(IV) of an affiliate while the trustee 4 or the special trustee is a direct or indirect 5 beneficial holder of more than 50 percent 6 of the equity securities of— 7 ‘‘(aa) the bridge company; or 8 ‘‘(bb) the affiliate, if all of the di- 9 rect or indirect interests in the affil- 10 iate that are property of the estate 11 are transferred under section 1185. 12 ‘‘(2) A debt, contract, lease, or agreement described 13 in this paragraph is— 14 ‘‘(A) any debt (other than capital structure 15 debt), executory contract, or unexpired lease of the 16 debtor (other than a qualified financial contract); 17 ‘‘(B) any agreement under which the debtor 18 issued or is obligated for debt (other than capital 19 structure debt); 20 ‘‘(C) any debt, executory contract, or unexpired 21 lease of an affiliate (other than a qualified financial 22 contract); or 23 ‘‘(D) any agreement under which an affiliate 24 issued or is obligated for debt. 25 ‘‘(3) The stay under this subsection terminates— L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 248 1 ‘‘(A) for the benefit of the debtor, upon the ear- 2 liest of— 3 ‘‘(i) 48 hours after the commencement of 4 the case; 5 ‘‘(ii) assumption of the debt, contract, 6 lease, or agreement by the bridge company 7 under an order authorizing a transfer under 8 section 1185; 9 ‘‘(iii) a final order of the court denying the 10 request for a transfer under section 1185; or 11 ‘‘(iv) the time the case is dismissed; and 12 ‘‘(B) for the benefit of an affiliate, upon the 13 earliest of— 14 ‘‘(i) the entry of an order authorizing a 15 transfer under section 1185 in which the direct 16 or indirect interests in the affiliate that are 17 property of the estate are not transferred under 18 section 1185; 19 ‘‘(ii) a final order by the court denying the 20 request for a transfer under section 1185; 21 ‘‘(iii) 48 hours after the commencement of 22 the case if the court has not ordered a transfer 23 under section 1185; or 24 ‘‘(iv) the time the case is dismissed. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 249 1 ‘‘(4) Subsections (d), (e), (f), and (g) of section 362 2 apply to a stay under this subsection. 3 ‘‘(b) A debt, executory contract (other than a quali- 4 fied financial contract), or unexpired lease of the debtor, 5 or an agreement under which the debtor has issued or is 6 obligated for any debt, may be assumed by a bridge com7 pany in a transfer under section 1185 notwithstanding 8 any provision in an agreement or in applicable nonbank9 ruptcy law that— 10 ‘‘(1) prohibits, restricts, or conditions the as- 11 signment of the debt, contract, lease, or agreement; 12 or 13 ‘‘(2) accelerates, terminates, or modifies, or 14 permits a party other than the debtor to terminate 15 or modify, the debt, contract, lease, or agreement on 16 account of— 17 ‘‘(A) the assignment of the debt, contract, 18 lease, or agreement; or 19 ‘‘(B) a change in control of any party to 20 the debt, contract, lease, or agreement. 21 ‘‘(c)(1) A debt, contract, lease, or agreement of the 22 kind described in subparagraph (A) or (B) of subsection 23 (a)(2) may not be accelerated, terminated, or modified, 24 and any right or obligation under such debt, contract, 25 lease, or agreement may not be accelerated, terminated, L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 250 1 or modified, as to the bridge company solely because of 2 a provision in the debt, contract, lease, or agreement or 3 in applicable nonbankruptcy law— 4 ‘‘(A) of the kind described in subsection 5 (a)(1)(B) as applied to the debtor; 6 ‘‘(B) that prohibits, restricts, or conditions the 7 assignment of the debt, contract, lease, or agree- 8 ment; or 9 ‘‘(C) that accelerates, terminates, or modifies, 10 or permits a party other than the debtor to termi- 11 nate or modify, the debt, contract, lease or agree- 12 ment on account of— 13 ‘‘(i) the assignment of the debt, contract, 14 lease, or agreement; or 15 ‘‘(ii) a change in control of any party to 16 the debt, contract, lease, or agreement. 17 ‘‘(2) If there is a default by the debtor under a provi- 18 sion other than the kind described in paragraph (1) in 19 a debt, contract, lease or agreement of the kind described 20 in subparagraph (A) or (B) of subsection (a)(2), the 21 bridge company may assume such debt, contract, lease, 22 or agreement only if the bridge company— 23 ‘‘(A) shall cure the default; 24 ‘‘(B) compensates, or provides adequate assur- 25 ance in connection with a transfer under section L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 251 1 1185 that the bridge company will promptly com- 2 pensate, a party other than the debtor to the debt, 3 contract, lease, or agreement, for any actual pecu- 4 niary loss to the party resulting from the default; 5 and 6 ‘‘(C) provides adequate assurance in connection 7 with a transfer under section 1185 of future per- 8 formance under the debt, contract, lease, or agree- 9 ment, as determined by the court under section 10 1185(c)(4). 11 ‘‘§ 1188. Treatment of qualified financial contracts 12 and affiliate contracts 13 ‘‘(a) Notwithstanding sections 362(b)(6), 362(b)(7), 14 362(b)(17), 362(b)(27), 362(o), 555, 556, 559, 560, and 15 561, a petition filed under section 1183 operates as a stay, 16 during the period specified in section 1187(a)(3)(A), ap17 plicable to all entities, of the exercise of a contractual 18 right— 19 ‘‘(1) to cause the modification, liquidation, ter- 20 mination, or acceleration of a qualified financial con- 21 tract of the debtor or an affiliate; 22 ‘‘(2) to offset or net out any termination value, 23 payment amount, or other transfer obligation arising 24 under or in connection with a qualified financial con- 25 tract of the debtor or an affiliate; or L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 252 1 ‘‘(3) under any security agreement or arrange- 2 ment or other credit enhancement forming a part of 3 or related to a qualified financial contract of the 4 debtor or an affiliate. 5 ‘‘(b)(1) During the period specified in section 6 1187(a)(3)(A), the trustee or the affiliate shall perform 7 all payment and delivery obligations under such qualified 8 financial contract of the debtor or the affiliate, as the case 9 may be, that become due after the commencement of the 10 case. The stay provided under subsection (a) terminates 11 as to a qualified financial contract of the debtor or an 12 affiliate immediately upon the failure of the trustee or the 13 affiliate, as the case may be, to perform any such obliga14 tion during such period. 15 ‘‘(2) Any failure by a counterparty to any qualified 16 financial contract of the debtor or any affiliate to perform 17 any payment or delivery obligation under such qualified 18 financial contract, including during the pendency of the 19 stay provided under subsection (a), shall constitute a 20 breach of such qualified financial contract by the 21 counterparty. 22 ‘‘(c) Subject to the court’s approval, a qualified finan- 23 cial contract between an entity and the debtor may be as24 signed to or assumed by the bridge company in a transfer L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 253 1 under, and in accordance with, section 1185 if and only 2 if— 3 ‘‘(1) all qualified financial contracts between 4 the entity and the debtor are assigned to and as- 5 sumed by the bridge company in the transfer under 6 section 1185; 7 ‘‘(2) all claims of the entity against the debtor 8 in respect of any qualified financial contract between 9 the entity and the debtor (other than any claim that, 10 under the terms of the qualified financial contract, 11 is subordinated to the claims of general unsecured 12 creditors) are assigned to and assumed by the bridge 13 company; 14 ‘‘(3) all claims of the debtor against the entity 15 under any qualified financial contract between the 16 entity and the debtor are assigned to and assumed 17 by the bridge company; and 18 ‘‘(4) all property securing or any other credit 19 enhancement furnished by the debtor for any quali- 20 fied financial contract described in paragraph (1) or 21 any claim described in paragraph (2) or (3) under 22 any qualified financial contract between the entity 23 and the debtor is assigned to and assumed by the 24 bridge company. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 254 1 ‘‘(d) Notwithstanding any provision of a qualified fi- 2 nancial contract or of applicable nonbankruptcy law, a 3 qualified financial contract of the debtor that is assumed 4 or assigned in a transfer under section 1185 may not be 5 accelerated, terminated, or modified, after the entry of the 6 order approving a transfer under section 1185, and any 7 right or obligation under the qualified financial contract 8 may not be accelerated, terminated, or modified, after the 9 entry of the order approving a transfer under section 1185 10 solely because of a condition described in section 11 1187(c)(1), other than a condition of the kind specified 12 in section 1187(b) that occurs after property of the estate 13 no longer includes a direct beneficial interest or an indi14 rect beneficial interest through the special trustee, in more 15 than 50 percent of the equity securities of the bridge com16 pany. 17 ‘‘(e) Notwithstanding any provision of any agreement 18 or in applicable nonbankruptcy law, an agreement of an 19 affiliate (including an executory contract, an unexpired 20 lease, qualified financial contract, or an agreement under 21 which the affiliate issued or is obligated for debt) and any 22 right or obligation under such agreement may not be ac23 celerated, terminated, or modified, solely because of a con24 dition described in section 1187(c)(1), other than a condi25 tion of the kind specified in section 1187(b) that occurs L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 255 1 after the bridge company is no longer a direct or indirect 2 beneficial holder of more than 50 percent of the equity 3 securities of the affiliate, at any time after the commence4 ment of the case if— 5 ‘‘(1) all direct or indirect interests in the affil- 6 iate that are property of the estate are transferred 7 under section 1185 to the bridge company within the 8 period specified in subsection (a); 9 ‘‘(2) the bridge company assumes— 10 ‘‘(A) any guarantee or other credit en- 11 hancement issued by the debtor relating to the 12 agreement of the affiliate; and 13 ‘‘(B) any obligations in respect of rights of 14 setoff, netting arrangement, or debt of the debt- 15 or that directly arises out of or directly relates 16 to the guarantee or credit enhancement; and 17 ‘‘(3) any property of the estate that directly 18 serves as collateral for the guarantee or credit en- 19 hancement is transferred to the bridge company. 20 ‘‘§ 1189. Licenses, permits, and registrations 21 ‘‘(a) Notwithstanding any otherwise applicable non- 22 bankruptcy law, if a request is made under section 1185 23 for a transfer of property of the estate, any Federal, State, 24 or local license, permit, or registration that the debtor or 25 an affiliate had immediately before the commencement of L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 256 1 the case and that is proposed to be transferred under sec2 tion 1185 may not be accelerated, terminated, or modified 3 at any time after the request solely on account of— 4 ‘‘(1) the insolvency or financial condition of the 5 debtor at any time before the closing of the case; 6 ‘‘(2) the commencement of a case under this 7 title concerning the debtor; 8 ‘‘(3) the appointment of or taking possession by 9 a trustee in a case under this title concerning the 10 debtor or by a custodian before the commencement 11 of the case; or 12 ‘‘(4) a transfer under section 1185. 13 ‘‘(b) Notwithstanding any otherwise applicable non- 14 bankruptcy law, any Federal, State, or local license, per15 mit, or registration that the debtor had immediately before 16 the commencement of the case that is included in a trans17 fer under section 1185 shall be valid and all rights and 18 obligations thereunder shall vest in the bridge company. 19 ‘‘§ 1190. Exemption from securities laws 20 ‘‘For purposes of section 1145, a security of the 21 bridge company shall be deemed to be a security of a suc22 cessor to the debtor under a plan if the court approves 23 the disclosure statement for the plan as providing ade24 quate information (as defined in section 1125(a)) about 25 the bridge company and the security. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 257 1 ‘‘§ 1191. Inapplicability of certain avoiding powers 2 ‘‘A transfer made or an obligation incurred by the 3 debtor to an affiliate prior to or after the commencement 4 of the case, including any obligation released by the debtor 5 or the estate to or for the benefit of an affiliate, in con6 templation of or in connection with a transfer under sec7 tion 1185 is not avoidable under section 544, 547, 8 548(a)(1)(B), or 549, or under any similar nonbankruptcy 9 law. 10 ‘‘§ 1192. Consideration of financial stability 11 ‘‘The court may consider the effect that any decision 12 in connection with this subchapter may have on financial 13 stability in the United States.’’. 14 SEC. 1104. AMENDMENTS TO TITLE 28, UNITED STATES 15 CODE. 16 (a) AMENDMENT TO CHAPTER 13.—Chapter 13 of 17 title 28, United States Code, is amended by adding at the 18 end the following: 19 ‘‘§ 298. Judge for a case under subchapter V of chap20 ter 11 of title 11 21 ‘‘(a)(1) Notwithstanding section 295, the Chief Jus- 22 tice of the United States shall designate not fewer than 23 10 bankruptcy judges to be available to hear a case under 24 subchapter V of chapter 11 of title 11. Bankruptcy judges 25 may request to be considered by the Chief Justice of the 26 United States for such designation. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 258 1 ‘‘(2) Notwithstanding section 155, a case under sub- 2 chapter V of chapter 11 of title 11 shall be heard under 3 section 157 by a bankruptcy judge designated under para4 graph (1), who shall be randomly assigned to hear such 5 case by the chief judge of the court of appeals for the cir6 cuit embracing the district in which the case is pending. 7 To the greatest extent practicable, the approvals required 8 under section 155 should be obtained. 9 ‘‘(3) If the bankruptcy judge assigned to hear a case 10 under paragraph (2) is not assigned to the district in 11 which the case is pending, the bankruptcy judge shall be 12 temporarily assigned to the district. 13 ‘‘(b) A case under subchapter V of chapter 11 of title 14 11, and all proceedings in the case, shall take place in 15 the district in which the case is pending. 16 ‘‘(c) In this section, the term ‘covered financial cor- 17 poration’ has the meaning given that term in section 18 101(9A) of title 11.’’. 19 (b) AMENDMENT TO SECTION 1334 OF TITLE 28.— 20 Section 1334 of title 28, United States Code, is amended 21 by adding at the end the following: 22 ‘‘(f) This section does not grant jurisdiction to the 23 district court after a transfer pursuant to an order under 24 section 1185 of title 11 of any proceeding related to a spe25 cial trustee appointed, or to a bridge company formed, in L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM H:\XML\FY 17\MAY 23.XML 259 1 connection with a case under subchapter V of chapter 11 2 of title 11.’’. 3 (c) TECHNICAL AND CONFORMING AMENDMENT.— 4 The table of sections for chapter 13 of title 28, United 5 States Code, is amended by adding at the end the fol6 lowing: ‘‘298. Judge for a case under subchapter V of chapter 11 of title 11.’’. 7 TITLE XII 8 ADDITIONAL GENERAL PROVISIONS 9 SPENDING REDUCTION ACCOUNT 10 SEC. 1201. The amount by which the applicable allo- 11 cation of new budget authority made by the Committee 12 on Appropriations of the House of Representatives under 13 section 302(b) of the Congressional Budget Act of 1974 14 exceeds the amount of proposed new budget authority is 15 $0. 16 This Act may be cited as the ‘‘Financial Services and 17 General Government Appropriations Act, 2017’’. L:\VA\052316\A052316.021.xml May 23, 2016 (7:59 p.m.) VerDate Nov 24 2008 19:59 May 23, 2016 Jkt 000000 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 C:\USERS\ACUSHING\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MAY 23.XM