II 

Calendar No. 251 

114TH CONGRESS 

1ST SESSION S. 2132 

Making appropriations for financial services and general government, Department of the Interior, environment, and Departments of Labor, Health 

and Human Services, and Education, and related programs for the 

fiscal year ending September 30, 2016, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 5, 2015 

Mr. COCHRAN (for himself, Ms. MURKOWSKI, and Mr. BLUNT) introduced the 

following bill; which was read the first time 

OCTOBER 6, 2015 

Read the second time and placed on the calendar 

A BILL 

Making appropriations for financial services and general government, Department of the Interior, environment, and 

Departments of Labor, Health and Human Services, and 

Education, and related programs for the fiscal year ending September 30, 2016, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as ‘‘An Act Making Appropria3 tions to Stop Regulatory Excess and for Other Purposes, 

4 2016’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

DIVISION A—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2016 

DIVISION B—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

DIVISION C—DEPARTMENTS OF LABOR, HEALTH AND HUMAN 

SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

7 SEC. 3. REFERENCES. 

8 Except as expressly provided otherwise, any reference 

9 to ‘‘this Act’’ contained in any division of this Act shall 

10 be treated as referring only to the provisions of that divi11 sion. 

12 SEC. 4. STATEMENT OF APPROPRIATIONS. 

13 The following sums in this Act are appropriated, out 

14 of any money in the Treasury not otherwise appropriated, 

15 for the fiscal year ending September 30, 2016. 


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1 DIVISION A—FINANCIAL SERVICES AND 

2 GENERAL GOVERNMENT APPROPRIA3 TIONS ACT, 2016 

4 TITLE I 

5 DEPARTMENT OF THE TREASURY 

6 DEPARTMENTAL OFFICES

7 SALARIES AND EXPENSES

8 For necessary expenses of the Departmental Offices 

9 including operation and maintenance of the Treasury 

10 Building and Annex; hire of passenger motor vehicles; 

11 maintenance, repairs, and improvements of, and purchase 

12 of commercial insurance policies for, real properties leased 

13 or owned overseas, when necessary for the performance 

14 of official business; executive direction program activities; 

15 international affairs and economic policy activities; domes16 tic finance and tax policy activities, including technical as17 sistance to State and local governments; terrorism and fi18 nancial intelligence activities; and Treasury-wide manage19 ment policies and programs activities, $325,900,000: Pro20 vided, That of the amount appropriated under this head21 ing— 

22 (1) not less than $112,500,000 is for the Office 

23 of Terrorism and Financial Intelligence to safeguard 

24 the financial system against illicit use and to combat 

25 rogue nations, terrorist facilitators, weapons of mass 


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1 destruction proliferators, money launderers, drug 

2 kingpins, and other national security threats; 

3 (2) not to exceed $350,000 is for official recep4 tion and representation expenses; 

5 (3) not to exceed $258,000 is for unforeseen 

6 emergencies of a confidential nature to be allocated 

7 and expended under the direction of the Secretary of 

8 the Treasury and to be accounted for solely on the 

9 Secretary’s certificate; and 

10 (4) not to exceed $25,200,000 shall remain 

11 available until September 30, 2017, for— 

12 (A) the Treasury-wide Financial Statement 

13 Audit and Internal Control Program; 

14 (B) information technology modernization 

15 requirements; 

16 (C) the audit, oversight, and administra17 tion of the Gulf Coast Restoration Trust Fund; 

18 (D) the development and implementation 

19 of programs within the Office of Critical Infra20 structure Protection and Compliance Policy, in21 cluding entering into cooperative agreements; 

22 and 

23 (E) secure space requirements. 


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1 DEPARTMENT-WIDE SYSTEMS AND CAPITAL

2 INVESTMENTS PROGRAMS

3 (INCLUDING TRANSFER OF FUNDS)

4 For development and acquisition of automatic data 

5 processing equipment, software, and services and for re6 pairs and renovations to buildings owned by the Depart7 ment of the Treasury, $5,000,000, to remain available 

8 until September 30, 2018: Provided, That these funds 

9 shall be transferred to accounts and in amounts as nec10 essary to satisfy the requirements of the Department’s of11 fices, bureaus, and other organizations: Provided further, 

12 That this transfer authority shall be in addition to any 

13 other transfer authority provided in this Act: Provided fur14 ther, That none of the funds appropriated under this head15 ing shall be used to support or supplement ‘‘Internal Rev16 enue Service, Operations Support’’ or ‘‘Internal Revenue 

17 Service, Business Systems Modernization’’. 

18 OFFICE OF INSPECTOR GENERAL

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Inspector 

21 General in carrying out the provisions of the Inspector 

22 General Act of 1978, $35,416,000, including hire of pas23 senger motor vehicles; of which not to exceed $100,000 

24 shall be available for unforeseen emergencies of a con25 fidential nature, to be allocated and expended under the 


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1 direction of the Inspector General of the Treasury; of 

2 which up to $2,800,000 to remain available until Sep3 tember 30, 2017, shall be for audits and investigations 

4 conducted pursuant to section 1608 of the Resources and 

5 Ecosystems Sustainability, Tourist Opportunities, and Re6 vived Economies of the Gulf Coast States Act of 2012 (33 

7 U.S.C. 1321 note); and of which not to exceed $1,000 

8 shall be available for official reception and representation 

9 expenses. 

10 TREASURY INSPECTOR GENERAL FOR TAX

11 ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Treasury Inspector 

14 General for Tax Administration in carrying out the In15 spector General Act of 1978, as amended, including pur16 chase and hire of passenger motor vehicles (31 U.S.C. 

17 1343(b)); and services authorized by 5 U.S.C. 3109, at 

18 such rates as may be determined by the Inspector General 

19 for Tax Administration; $167,275,000, of which 

20 $5,000,000 shall remain available until September 30, 

21 2017; of which not to exceed $6,000,000 shall be available 

22 for official travel expenses; of which not to exceed 

23 $500,000 shall be available for unforeseen emergencies of 

24 a confidential nature, to be allocated and expended under 

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1 tion; and of which not to exceed $1,500 shall be available 

2 for official reception and representation expenses. 

3 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED

4 ASSET RELIEF PROGRAM

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of the Special 

7 Inspector General in carrying out the provisions of the 

8 Emergency Economic Stabilization Act of 2008 (Public 

9 Law 110–343), $36,671,000. 

10 FINANCIAL CRIMES ENFORCEMENT NETWORK

11 SALARIES AND EXPENSES

12 For necessary expenses of the Financial Crimes En13 forcement Network, including hire of passenger motor ve14 hicles; travel and training expenses of non-Federal and 

15 foreign government personnel to attend meetings and 

16 training concerned with domestic and foreign financial in17 telligence activities, law enforcement, and financial regula18 tion; services authorized by 5 U.S.C. 3109; not to exceed 

19 $10,000 for official reception and representation expenses; 

20 and for assistance to Federal law enforcement agencies, 

21 with or without reimbursement, $112,979,000, of which 

22 not to exceed $34,335,000 shall remain available until 

23 September 30, 2018. 


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1 TREASURY FORFEITURE FUND

2 (RESCISSION)

3 Of the unobligated balances available under this 

4 heading, $700,000,000 are rescinded. 

5 BUREAU OF THE FISCAL SERVICE

6 SALARIES AND EXPENSES

7 For necessary expenses of operations of the Bureau 

8 of the Fiscal Service, $356,000,000; of which not to ex9 ceed $4,210,000, to remain available until September 30, 

10 2018, is for information systems modernization initiatives; 

11 of which $5,000 shall be available for official reception and 

12 representation expenses; and of which not to exceed 

13 $19,800,000, to remain available until September 30, 

14 2018, is to support the Department’s activities related to 

15 implementation of the Digital Accountability and Trans16 parency Act (DATA Act; Public Law 113–101), including 

17 changes in business processes, workforce, or information 

18 technology to support high quality, transparent Federal 

19 spending information. 

20 In addition, $165,000, to be derived from the Oil 

21 Spill Liability Trust Fund to reimburse administrative 

22 and personnel expenses for financial management of the 

23 Fund, as authorized by section 1012 of Public Law 101– 

24 380. 


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1 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

2 SALARIES AND EXPENSES

3 For necessary expenses of carrying out section 1111 

4 of the Homeland Security Act of 2002, including hire of 

5 passenger motor vehicles, $101,439,000; of which not to 

6 exceed $6,000 for official reception and representation ex7 penses; not to exceed $50,000 for cooperative research and 

8 development programs for laboratory services; and provi9 sion of laboratory assistance to State and local agencies 

10 with or without reimbursement. 

11 UNITED STATES MINT

12 UNITED STATES MINT PUBLIC ENTERPRISE FUND

13 Pursuant to section 5136 of title 31, United States 

14 Code, the United States Mint is provided funding through 

15 the United States Mint Public Enterprise Fund for costs 

16 associated with the production of circulating coins, numis17 matic coins, and protective services, including both oper18 ating expenses and capital investments: Provided, That 

19 the aggregate amount of new liabilities and obligations in20 curred during fiscal year 2016 under such section 5136 

21 for circulating coinage and protective service capital in22 vestments of the United States Mint shall not exceed 

23 $20,000,000. 


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1 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

2 FUND PROGRAM ACCOUNT

3 To carry out the Riegle Community Development and 

4 Regulatory Improvements Act of 1994 (subtitle A of title 

5 I of Public Law 103–325), including services authorized 

6 by section 3109 of title 5, United States Code, but at rates 

7 for individuals not to exceed the per diem rate equivalent 

8 to the rate for EX–3, $221,000,000. Of the amount ap9 propriated under this heading— 

10 (1) not less than $161,900,000, notwith11 standing section 108(e) of Public Law 103–325 (12 

12 U.S.C. 4707(e)) with regard to Small and/or Emerg13 ing Community Development Financial Institutions 

14 Assistance awards, is available until September 30, 

15 2017, for financial assistance and technical assist16 ance under subparagraphs (A) and (B) of section 

17 108(a)(1), respectively, of Public Law 103–325 (12 

18 U.S.C. 4707(a)(1)(A) and (B)), of which up to 

19 $3,102,500 may be used for the cost of direct loans: 

20 Provided, That the cost of direct and guaranteed 

21 loans, including the cost of modifying such loans, 

22 shall be as defined in section 502 of the Congres23 sional Budget Act of 1974: Provided further, That 

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1 tions for the principal amount of direct loans not to 

2 exceed $25,000,000; 

3 (2) not less than $15,000,000, notwithstanding 

4 section 108(e) of Public Law 103–325 (12 U.S.C. 

5 4707(e)), is available until September 30, 2017, for 

6 financial assistance, technical assistance, training 

7 and outreach programs designed to benefit Native 

8 American, Native Hawaiian, and Alaskan Native 

9 communities and provided primarily through quali10 fied community development lender organizations 

11 with experience and expertise in community develop12 ment banking and lending in Indian country, Native 

13 American organizations, tribes and tribal organiza14 tions, and other suitable providers; 

15 (3) not less than $21,000,000 is available until 

16 September 30, 2017, for the Bank Enterprise Award 

17 program; 

18 (4) up to $23,100,000 is available until Sep19 tember 30, 2016, for administrative expenses, in20 cluding administration of CDFI fund programs and 

21 the New Markets Tax Credit Program, of which not 

22 less than $1,000,000 is for capacity building to ex23 pand CDFI investments in underserved rural areas, 

24 and up to $300,000 is for administrative expenses to 

25 carry out the direct loan program; and 


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1 (5) during fiscal year 2016, none of the funds 

2 available under this heading are available for the 

3 cost, as defined in section 502 of the Congressional 

4 Budget Act of 1974, of commitments to guarantee 

5 bonds and notes under section 114A of the Riegle 

6 Community Development and Regulatory Improve7 ment Act of 1994 (12 U.S.C. 4713a): Provided, 

8 That commitments to guarantee bonds and notes 

9 under such section 114A shall not exceed 

10 $750,000,000: Provided further, That such section 

11 114A shall remain in effect until September 30, 

12 2016. 

13 INTERNAL REVENUE SERVICE

14 TAXPAYER SERVICES

15 For necessary expenses of the Internal Revenue Serv16 ice to provide taxpayer services, including pre-filing assist17 ance and education, filing and account services, taxpayer 

18 advocacy services, and other services as authorized by 5 

19 U.S.C. 3109, at such rates as may be determined by the 

20 Commissioner, $2,156,554,000, of which not less than 

21 $5,600,000 shall be for the Tax Counseling for the Elderly 

22 Program, of which not less than $12,000,000 shall be 

23 available for low-income taxpayer clinic grants, and of 

24 which not less than $12,000,000, to remain available until 

25 September 30, 2017, shall be available for a Community 


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1 Volunteer Income Tax Assistance matching grants pro2 gram for tax return preparation assistance, of which not 

3 less than $206,000,000 shall be available for operating ex4 penses of the Taxpayer Advocate Service: Provided, That 

5 of the amounts made available for the Taxpayer Advocate 

6 Service, not less than $5,000,000 shall be for identity 

7 theft casework. 

8 In addition, $90,000,000 is available solely for meas9 urable improvements in the customer service representa10 tive level of service rate, the number of days to resolve 

11 tax refund fraud by identity theft cases, and the percent12 age of correspondence the IRS responds to within estab13 lished timeframes: Provided, That such funds shall supple14 ment and not supplant any other amounts made available 

15 to the IRS for such purposes. 

16 ENFORCEMENT

17 For necessary expenses for tax enforcement activities 

18 of the Internal Revenue Service to determine and collect 

19 owed taxes, to provide legal and litigation support, to con20 duct criminal investigations, to enforce criminal statutes 

21 related to violations of internal revenue laws and other fi22 nancial crimes, to purchase and hire passenger motor vehi23 cles (31 U.S.C. 1343(b)), and to provide other services 

24 as authorized by 5 U.S.C. 3109, at such rates as may be 

25 determined by the Commissioner, $4,500,000,000, of 


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1 which not to exceed $50,000,000 shall remain available 

2 until September 30, 2017, and of which not less than 

3 $57,493,000 shall be for the Interagency Crime and Drug 

4 Enforcement program. 

5 OPERATIONS SUPPORT

6 For necessary expenses of the Internal Revenue Serv7 ice to support taxpayer services and enforcement pro8 grams, including rent payments; facilities services; print9 ing; postage; physical security; headquarters and other 

10 IRS-wide administration activities; research and statistics 

11 of income; telecommunications; information technology de12 velopment, enhancement, operations, maintenance, and se13 curity; the hire of passenger motor vehicles (31 U.S.C. 

14 1343(b)); and other services as authorized by 5 U.S.C. 

15 3109, at such rates as may be determined by the Commis16 sioner; $3,468,446,000, of which not to exceed 

17 $50,000,000 shall remain available until September 30, 

18 2017; of which not to exceed $10,000,000 shall remain 

19 available until expended for acquisition of equipment and 

20 construction, repair and renovation of facilities; of which 

21 not to exceed $1,000,000 shall remain available until Sep22 tember 30, 2018, for research; of which not to exceed 

23 $1,850,000 shall be for the Internal Revenue Service 

24 Oversight Board; of which not to exceed $20,000 shall be 

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1 vided, That not later than 30 days after the end of each 

2 quarter, the Internal Revenue Service shall submit a re3 port to the Committees on Appropriations of the House 

4 of Representatives and the Senate and the Comptroller 

5 General of the United States detailing the cost and sched6 ule performance for its major information technology in7 vestments, including the purpose and life-cycle stages of 

8 the investments; the reasons for any cost and schedule 

9 variances; the risks of such investments and strategies the 

10 Internal Revenue Service is using to mitigate such risks; 

11 and the expected developmental milestones to be achieved 

12 and costs to be incurred in the next quarter: Provided fur13 ther, That the Internal Revenue Service shall include, in 

14 its budget justification for fiscal year 2017, a summary 

15 of cost and schedule performance information for its major 

16 information technology systems. 

17 BUSINESS SYSTEMS MODERNIZATION

18 For necessary expenses of the Internal Revenue Serv19 ice’s business systems modernization program, 

20 $260,000,000, to remain available until September 30, 

21 2018, for the capital asset acquisition of information tech22 nology systems, including management and related con23 tractual costs of said acquisitions, including related Inter24 nal Revenue Service labor costs, and contractual costs as25 sociated with operations authorized by 5 U.S.C. 3109: 


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1 Provided, That not later than 30 days after the end of 

2 each quarter, the Internal Revenue Service shall submit 

3 a report to the Committees on Appropriations of the 

4 House of Representatives and the Senate and the Comp5 troller General of the United States detailing the cost and 

6 schedule performance for CADE 2 and Modernized e-File 

7 information technology investments, including the pur8 poses and life-cycle stages of the investments; the reasons 

9 for any cost and schedule variances; the risks of such in10 vestments and the strategies the Internal Revenue Service 

11 is using to mitigate such risks; and the expected develop12 mental milestones to be achieved and costs to be incurred 

13 in the next quarter. 

14 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

15 SERVICE

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 101. Not to exceed 5 percent of any appropria18 tion made available in this Act to the Internal Revenue 

19 Service may be transferred to any other Internal Revenue 

20 Service appropriation upon the advance approval of the 

21 Committees on Appropriations. 

22 SEC. 102. The Internal Revenue Service shall main23 tain an employee training program, which shall include the 

24 following topics: taxpayers’ rights, dealing courteously 


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1 with taxpayers, cross-cultural relations, ethics, and the im2 partial application of tax law. 

3 SEC. 103. The Internal Revenue Service shall insti4 tute and enforce policies and procedures that will safe5 guard the confidentiality of taxpayer information and pro6 tect taxpayers against identity theft. 

7 SEC. 104. Funds made available by this or any other 

8 Act to the Internal Revenue Service shall be available for 

9 improved facilities and increased staffing to provide suffi10 cient and effective 1–800 help line service for taxpayers. 

11 The Commissioner shall continue to make improvements 

12 to the Internal Revenue Service 1–800 help line service 

13 a priority and allocate resources necessary to enhance the 

14 response time to taxpayer communications, particularly 

15 with regard to victims of tax-related crimes. 

16 SEC. 105. None of the funds made available to the 

17 Internal Revenue Service by this Act may be used to make 

18 a video unless the Service-Wide Video Editorial Board de19 termines in advance that making the video is appropriate, 

20 taking into account the cost, topic, tone, and purpose of 

21 the video. 

22 SEC. 106. The Internal Revenue Service shall issue 

23 a notice of confirmation of any address change relating 

24 to an employer making employment tax payments, and 

25 such notice shall be sent to both the employer’s former 


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1 and new address and an officer or employee of the Internal 

2 Revenue Service shall give special consideration to an 

3 offer-in-compromise from a taxpayer who has been the vic4 tim of fraud by a third party payroll tax preparer. 

5 SEC. 107. None of the funds made available under 

6 this Act may be used by the Internal Revenue Service to 

7 target citizens of the United States for exercising any 

8 right guaranteed under the First Amendment to the Con9 stitution of the United States. 

10 SEC. 108. None of the funds made available in this 

11 Act may be used by the Internal Revenue Service to target 

12 groups for regulatory scrutiny based on their ideological 

13 beliefs. 

14 SEC. 109. None of funds made available by this Act 

15 to the Internal Revenue Service shall be obligated or ex16 pended on conferences that do not adhere to the proce17 dures, verification processes, documentation requirements, 

18 and policies issued by the Chief Financial Officer, Human 

19 Capital Office, and Agency-Wide Shared Services as a re20 sult of the recommendations in the report published on 

21 May 31, 2013, by the Treasury Inspector General for Tax 

22 Administration entitled ‘‘Review of the August 2010 Small 

23 Business/Self-Employed Division’s Conference in Ana24 heim, California’’ (Reference Number 2013–10–037). 


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1 SEC. 110. None of the funds made available by this 

2 Act may be used in contravention of section 6103 of the 

3 Internal Revenue Code of 1986 (relating to confidentiality 

4 and disclosure of returns and return information). 

5 SEC. 111. None of the funds made available in this 

6 Act to the Internal Revenue Service may be obligated or 

7 expended— 

8 (1) to make a payment to any employee under 

9 a bonus, award, or recognition program; or 

10 (2) under any hiring or personnel selection 

11 process with respect to re-hiring a former employee, 

12 unless such program or process takes into account 

13 the conduct and Federal tax compliance of such em14 ployee or former employee. 

15 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE

16 TREASURY

17 (INCLUDING TRANSFERS OF FUNDS)

18 SEC. 112. Appropriations to the Department of the 

19 Treasury in this Act shall be available for uniforms or al20 lowances therefor, as authorized by law (5 U.S.C. 5901), 

21 including maintenance, repairs, and cleaning; purchase of 

22 insurance for official motor vehicles operated in foreign 

23 countries; purchase of motor vehicles without regard to the 

24 general purchase price limitations for vehicles purchased 

25 and used overseas for the current fiscal year; entering into 


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1 contracts with the Department of State for the furnishing 

2 of health and medical services to employees and their de3 pendents serving in foreign countries; and services author4 ized by 5 U.S.C. 3109. 

5 SEC. 113. Not to exceed 2 percent of any appropria6 tions in this title made available under the headings ‘‘De7 partmental Offices—Salaries and Expenses’’, ‘‘Office of 

8 Inspector General’’, ‘‘Special Inspector General for the 

9 Troubled Asset Relief Program’’, ‘‘Financial Crimes En10 forcement Network’’, ‘‘Bureau of the Fiscal Service’’, and 

11 ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may be 

12 transferred between such appropriations upon the advance 

13 approval of the Committees on Appropriations of the 

14 House of Representatives and the Senate: Provided, That 

15 no transfer under this section may increase or decrease 

16 any such appropriation by more than 2 percent. 

17 SEC. 114. Not to exceed 2 percent of any appropria18 tion made available in this Act to the Internal Revenue 

19 Service may be transferred to the Treasury Inspector Gen20 eral for Tax Administration’s appropriation upon the ad21 vance approval of the Committees on Appropriations of 

22 the House of Representatives and the Senate: Provided, 

23 That no transfer may increase or decrease any such appro24 priation by more than 2 percent. 


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1 SEC. 115. None of the funds appropriated in this Act 

2 or otherwise available to the Department of the Treasury 

3 or the Bureau of Engraving and Printing may be used 

4 to redesign the $1 Federal Reserve note. 

5 SEC. 116. The Secretary of the Treasury may trans6 fer funds from the ‘‘Bureau of the Fiscal Service-Salaries 

7 and Expenses’’ to the Debt Collection Fund as necessary 

8 to cover the costs of debt collection: Provided, That such 

9 amounts shall be reimbursed to such salaries and expenses 

10 account from debt collections received in the Debt Collec11 tion Fund. 

12 SEC. 117. None of the funds appropriated or other13 wise made available by this or any other Act may be used 

14 by the United States Mint to construct or operate any mu15 seum without the explicit approval of the Committees on 

16 Appropriations of the House of Representatives and the 

17 Senate, the House Committee on Financial Services, and 

18 the Senate Committee on Banking, Housing, and Urban 

19 Affairs. 

20 SEC. 118. None of the funds appropriated or other21 wise made available by this or any other Act or source 

22 to the Department of the Treasury, the Bureau of Engrav23 ing and Printing, and the United States Mint, individually 

24 or collectively, may be used to consolidate any or all func25 tions of the Bureau of Engraving and Printing and the 


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1 United States Mint without the explicit approval of the 

2 House Committee on Financial Services; the Senate Com3 mittee on Banking, Housing, and Urban Affairs; and the 

4 Committees on Appropriations of the House of Represent5 atives and the Senate. 

6 SEC. 119. Funds appropriated by this Act, or made 

7 available by the transfer of funds in this Act, for the De8 partment of the Treasury’s intelligence or intelligence re9 lated activities are deemed to be specifically authorized by 

10 the Congress for purposes of section 504 of the National 

11 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

12 2016 until the enactment of the Intelligence Authorization 

13 Act for Fiscal Year 2016. 

14 SEC. 120. Not to exceed $5,000 shall be made avail15 able from the Bureau of Engraving and Printing’s Indus16 trial Revolving Fund for necessary official reception and 

17 representation expenses. 

18 SEC. 121. The Secretary of the Treasury shall submit 

19 a Capital Investment Plan to the Committees on Appro20 priations of the Senate and the House of Representatives 

21 not later than 30 days following the submission of the an22 nual budget submitted by the President: Provided, That 

23 such Capital Investment Plan shall include capital invest24 ment spending from all accounts within the Department 

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1 ment-wide Systems and Capital Investment Programs ac2 count, Treasury Franchise Fund account, and the Treas3 ury Forfeiture Fund account: Provided further, That such 

4 Capital Investment Plan shall include expenditures occur5 ring in previous fiscal years for each capital investment 

6 project that has not been fully completed. 

7 SEC. 122. (a) Not later than 60 days after the end 

8 of each quarter, the Office of Financial Stability and the 

9 Office of Financial Research shall submit reports on their 

10 activities to the Committees on Appropriations of the 

11 House of Representatives and the Senate, the Committee 

12 on Financial Services of the House of Representatives and 

13 the Senate Committee on Banking, Housing, and Urban 

14 Affairs. 

15 (b) The reports required under subsection (a) shall 

16 include— 

17 (1) the obligations made during the previous 

18 quarter by object class, office, and activity; 

19 (2) the estimated obligations for the remainder 

20 of the fiscal year by object class, office, and activity; 

21 (3) the number of full-time equivalents within 

22 each office during the previous quarter; 

23 (4) the estimated number of full-time equiva24 lents within each office for the remainder of the fis25 cal year; and 


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1 (5) actions taken to achieve the goals, objec2 tives, and performance measures of each office. 

3 (c) At the request of any such Committees specified 

4 in subsection (a), the Office of Financial Stability and the 

5 Office of Financial Research shall make officials available 

6 to testify on the contents of the reports required under 

7 subsection (a). 

8 SEC. 123. Within 45 days after the date of enactment 

9 of this Act, the Secretary of the Treasury shall submit 

10 an itemized report to the Committees on Appropriations 

11 of the House of Representatives and the Senate on the 

12 amount of total funds charged to each office by the Fran13 chise Fund including the amount charged for each service 

14 provided by the Franchise Fund to each office, a detailed 

15 description of the services, a detailed explanation of how 

16 each charge for each service is calculated, and a descrip17 tion of the role customers have in governing in the Fran18 chise Fund. 

19 SEC. 124. The Secretary of the Treasury, in consulta20 tion with the appropriate agencies, departments, bureaus, 

21 and commissions that have expertise in terrorism and 

22 complex financial instruments, shall provide a report to 

23 the Committees on Appropriations of the House of Rep24 resentatives and Senate, the Committee on Financial Serv25 ices of the House of Representatives, and the Committee 


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1 on Banking, Housing, and Urban Affairs of the Senate 

2 not later than 90 days after the date of enactment of this 

3 Act on economic warfare and financial terrorism. 

4 SEC. 125. None of the funds appropriated or other5 wise made available in this Act may be obligated or ex6 pended to provide for the enforcement of any rule, regula7 tion, policy, or guideline implemented pursuant to the De8 partment of the Treasury Guidance for United States Po9 sitions on MDBs Engaging with Developing Countries on 

10 Coal-Fired Power Generation dated October 29, 2013, 

11 when enforcement of such rule, regulation, policy, or 

12 guideline would prohibit, or have the effect of prohibiting, 

13 the carrying out of any coal-fired or other power-genera14 tion project the purpose of which is to increase exports 

15 of goods and services from the United States or prevent 

16 the loss of jobs from the United States. 

17 This title may be cited as the ‘‘Department of the 

18 Treasury Appropriations Act, 2016’’. 

19 TITLE II 

20 EXECUTIVE OFFICE OF THE PRESIDENT AND 

21 FUNDS APPROPRIATED TO THE PRESIDENT 

22 THE WHITE HOUSE

23 SALARIES AND EXPENSES

24 For necessary expenses for the White House as au25 thorized by law, including not to exceed $3,850,000 for 


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1 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 

2 subsistence expenses as authorized by 3 U.S.C. 105, which 

3 shall be expended and accounted for as provided in that 

4 section; hire of passenger motor vehicles, and travel (not 

5 to exceed $100,000 to be expended and accounted for as 

6 provided by 3 U.S.C. 103); and not to exceed $19,000 for 

7 official reception and representation expenses, to be avail8 able for allocation within the Executive Office of the Presi9 dent; and for necessary expenses of the Office of Policy 

10 Development, including services as authorized by 5 U.S.C. 

11 3109 and 3 U.S.C. 107, $55,000,000. 

12 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

13 OPERATING EXPENSES

14 For necessary expenses of the Executive Residence 

15 at the White House, $12,700,000, to be expended and ac16 counted for as provided by 3 U.S.C. 105, 109, 110, and 

17 112–114. 

18 REIMBURSABLE EXPENSES

19 For the reimbursable expenses of the Executive Resi20 dence at the White House, such sums as may be nec21 essary: Provided, That all reimbursable operating expenses 

22 of the Executive Residence shall be made in accordance 

23 with the provisions of this paragraph: Provided further, 

24 That, notwithstanding any other provision of law, such 

25 amount for reimbursable operating expenses shall be the 


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1 exclusive authority of the Executive Residence to incur ob2 ligations and to receive offsetting collections, for such ex3 penses: Provided further, That the Executive Residence 

4 shall require each person sponsoring a reimbursable polit5 ical event to pay in advance an amount equal to the esti6 mated cost of the event, and all such advance payments 

7 shall be credited to this account and remain available until 

8 expended: Provided further, That the Executive Residence 

9 shall require the national committee of the political party 

10 of the President to maintain on deposit $25,000, to be 

11 separately accounted for and available for expenses relat12 ing to reimbursable political events sponsored by such 

13 committee during such fiscal year: Provided further, That 

14 the Executive Residence shall ensure that a written notice 

15 of any amount owed for a reimbursable operating expense 

16 under this paragraph is submitted to the person owing 

17 such amount within 60 days after such expense is in18 curred, and that such amount is collected within 30 days 

19 after the submission of such notice: Provided further, That 

20 the Executive Residence shall charge interest and assess 

21 penalties and other charges on any such amount that is 

22 not reimbursed within such 30 days, in accordance with 

23 the interest and penalty provisions applicable to an out24 standing debt on a United States Government claim under 

25 31 U.S.C. 3717: Provided further, That each such amount 


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1 that is reimbursed, and any accompanying interest and 

2 charges, shall be deposited in the Treasury as miscella3 neous receipts: Provided further, That the Executive Resi4 dence shall prepare and submit to the Committees on Ap5 propriations, by not later than 90 days after the end of 

6 the fiscal year covered by this Act, a report setting forth 

7 the reimbursable operating expenses of the Executive Res8 idence during the preceding fiscal year, including the total 

9 amount of such expenses, the amount of such total that 

10 consists of reimbursable official and ceremonial events, the 

11 amount of such total that consists of reimbursable political 

12 events, and the portion of each such amount that has been 

13 reimbursed as of the date of the report: Provided further, 

14 That the Executive Residence shall maintain a system for 

15 the tracking of expenses related to reimbursable events 

16 within the Executive Residence that includes a standard 

17 for the classification of any such expense as political or 

18 nonpolitical: Provided further, That no provision of this 

19 paragraph may be construed to exempt the Executive Res20 idence from any other applicable requirement of sub21 chapter I or II of chapter 37 of title 31, United States 

22 Code. 

23 WHITE HOUSE REPAIR AND RESTORATION

24 For the repair, alteration, and improvement of the 

25 Executive Residence at the White House pursuant to 3 


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1 U.S.C. 105(d), $625,000, to remain available until ex2 pended, for required maintenance, resolution of safety and 

3 health issues, and continued preventative maintenance. 

4 COUNCIL OF ECONOMIC ADVISERS

5 SALARIES AND EXPENSES

6 For necessary expenses of the Council of Economic 

7 Advisers in carrying out its functions under the Employ8 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,184,000. 

9 NATIONAL SECURITY COUNCIL AND HOMELAND

10 SECURITY COUNCIL

11 SALARIES AND EXPENSES

12 For necessary expenses of the National Security 

13 Council and the Homeland Security Council, including 

14 services as authorized by 5 U.S.C. 3109, $12,600,000. 

15 OFFICE OF ADMINISTRATION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of Administra18 tion, including services as authorized by 5 U.S.C. 3109 

19 and 3 U.S.C. 107, and hire of passenger motor vehicles, 

20 $96,116,000, of which not to exceed $7,994,000 shall re21 main available until expended for continued modernization 

22 of information resources within the Executive Office of the 

23 President. 


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1 OFFICE OF MANAGEMENT AND BUDGET

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Management 

4 and Budget, including hire of passenger motor vehicles 

5 and services as authorized by 5 U.S.C. 3109, to carry out 

6 the provisions of chapter 35 of title 44, United States 

7 Code, and to prepare and submit the budget of the United 

8 States Government, in accordance with section 1105(a) of 

9 title 31, United States Code, $91,750,000, of which not 

10 to exceed $3,000 shall be available for official representa11 tion expenses: Provided, That none of the funds appro12 priated in this Act for the Office of Management and 

13 Budget may be used for the purpose of reviewing any agri14 cultural marketing orders or any activities or regulations 

15 under the provisions of the Agricultural Marketing Agree16 ment Act of 1937 (7 U.S.C. 601 et seq.): Provided further, 

17 That none of the funds made available for the Office of 

18 Management and Budget by this Act may be expended for 

19 the altering of the transcript of actual testimony of wit20 nesses, except for testimony of officials of the Office of 

21 Management and Budget, before the Committees on Ap22 propriations or their subcommittees: Provided further, 

23 That of the funds made available for the Office of Man24 agement and Budget by this Act, no less than one full25 time equivalent senior staff position shall be dedicated 


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1 solely to the Office of the Intellectual Property Enforce2 ment Coordinator: Provided further, That none of the 

3 funds provided in this or prior Acts shall be used, directly 

4 or indirectly, by the Office of Management and Budget, 

5 for evaluating or determining if water resource project or 

6 study reports submitted by the Chief of Engineers acting 

7 through the Secretary of the Army are in compliance with 

8 all applicable laws, regulations, and requirements relevant 

9 to the Civil Works water resource planning process: Pro10 vided further, That the Office of Management and Budget 

11 shall have not more than 60 days in which to perform 

12 budgetary policy reviews of water resource matters on 

13 which the Chief of Engineers has reported: Provided fur14 ther, That the Director of the Office of Management and 

15 Budget shall notify the appropriate authorizing and ap16 propriating committees when the 60-day review is initi17 ated: Provided further, That if water resource reports have 

18 not been transmitted to the appropriate authorizing and 

19 appropriating committees within 15 days after the end of 

20 the Office of Management and Budget review period based 

21 on the notification from the Director, Congress shall as22 sume Office of Management and Budget concurrence with 

23 the report and act accordingly. 


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1 OFFICE OF NATIONAL DRUG CONTROL POLICY

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of National 

4 Drug Control Policy; for research activities pursuant to 

5 the Office of National Drug Control Policy Reauthoriza6 tion Act of 2006 (Public Law 109–469); not to exceed 

7 $10,000 for official reception and representation expenses; 

8 and for participation in joint projects or in the provision 

9 of services on matters of mutual interest with nonprofit, 

10 research, or public organizations or agencies, with or with11 out reimbursement, $20,047,000: Provided, That the Of12 fice is authorized to accept, hold, administer, and utilize 

13 gifts, both real and personal, public and private, without 

14 fiscal year limitation, for the purpose of aiding or facili15 tating the work of the Office. 

16 FEDERAL DRUG CONTROL PROGRAMS

17 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses of the Office of National 

20 Drug Control Policy’s High Intensity Drug Trafficking 

21 Areas Program, $245,000,000, to remain available until 

22 September 30, 2017, for drug control activities consistent 

23 with the approved strategy for each of the designated 

24 High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of 

25 which not less than 51 percent shall be transferred to 


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1 State and local entities for drug control activities and shall 

2 be obligated not later than 120 days after enactment of 

3 this Act: Provided, That up to 49 percent may be trans4 ferred to Federal agencies and departments in amounts 

5 determined by the Director of the Office of National Drug 

6 Control Policy, of which up to $2,700,000 may be used 

7 for auditing services and associated activities: Provided 

8 further, That, notwithstanding the requirements of Public 

9 Law 106–58, any unexpended funds obligated prior to fis10 cal year 2014 may be used for any other approved activi11 ties of that HIDTA, subject to reprogramming require12 ments: Provided further, That each HIDTA designated as 

13 of September 30, 2015, shall be funded at not less than 

14 the fiscal year 2015 base level, unless the Director submits 

15 to the Committees on Appropriations of the House of Rep16 resentatives and the Senate justification for changes to 

17 those levels based on clearly articulated priorities and pub18 lished Office of National Drug Control Policy performance 

19 measures of effectiveness: Provided further, That the Di20 rector shall notify the Committees on Appropriations of 

21 the initial allocation of fiscal year 2016 funding among 

22 HIDTAs not later than 45 days after enactment of this 

23 Act, and shall notify the Committees of planned uses of 

24 discretionary HIDTA funding, as determined in consulta25 tion with the HIDTA Directors, not later than 90 days 


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1 after enactment of this Act: Provided further, That upon 

2 a determination that all or part of the funds so transferred 

3 from this appropriation are not necessary for the purposes 

4 provided herein and upon notification to the Committees 

5 on Appropriations of the House of Representatives and the 

6 Senate, such amounts may be transferred back to this ap7 propriation. 

8 OTHER FEDERAL DRUG CONTROL PROGRAMS

9 (INCLUDING TRANSFERS OF FUNDS)

10 For other drug control activities authorized by the 

11 Office of National Drug Control Policy Reauthorization 

12 Act of 2006 (Public Law 109–469), $108,310,000, to re13 main available until expended, which shall be available as 

14 follows: $93,500,000 for the Drug-Free Communities Pro15 gram, of which $2,000,000 shall be made available as di16 rected by section 4 of Public Law 107–82, as amended 

17 by Public Law 109–469 (21 U.S.C. 1521 note); 

18 $2,000,000 for drug court training and technical assist19 ance; $9,500,000 for anti-doping activities; $2,060,000 for 

20 the United States membership dues to the World Anti21 Doping Agency; and $1,250,000 shall be made available 

22 as directed by section 1105 of Public Law 109–469: Pro23 vided, That amounts made available under this heading 

24 may be transferred to other Federal departments and 

25 agencies to carry out such activities. 


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1 UNANTICIPATED NEEDS

2 For expenses necessary to enable the President to 

3 meet unanticipated needs, in furtherance of the national 

4 interest, security, or defense which may arise at home or 

5 abroad during the current fiscal year, as authorized by 

6 3 U.S.C. 108, $800,000, to remain available until Sep7 tember 30, 2017. 

8 INFORMATION TECHNOLOGY OVERSIGHT AND REFORM

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses for the furtherance of inte11 grated, efficient, secure, and effective uses of information 

12 technology in the Federal Government, $25,000,000, to 

13 remain available until expended: Provided, That the Direc14 tor of the Office of Management and Budget may transfer 

15 these funds to one or more other agencies to carry out 

16 projects to meet these purposes: Provided further, That 

17 the Director of the Office of Management and Budget 

18 shall submit quarterly reports not later than 45 days after 

19 the end of each quarter to the Committees on Appropria20 tions of the House of Representatives and the Senate and 

21 the Government Accountability Office identifying the sav22 ings achieved by the Office of Management and Budget’s 

23 government-wide information technology reform efforts: 

24 Provided further, That such reports shall include savings 

25 identified by fiscal year, agency, and appropriation. 


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1 SPECIAL ASSISTANCE TO THE PRESIDENT

2 SALARIES AND EXPENSES

3 For necessary expenses to enable the Vice President 

4 to provide assistance to the President in connection with 

5 specially assigned functions; services as authorized by 5 

6 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex7 penses as authorized by 3 U.S.C. 106, which shall be ex8 pended and accounted for as provided in that section; and 

9 hire of passenger motor vehicles, $4,211,000. 

10 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

11 OPERATING EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For the care, operation, refurnishing, improvement, 

14 and to the extent not otherwise provided for, heating and 

15 lighting, including electric power and fixtures, of the offi16 cial residence of the Vice President; the hire of passenger 

17 motor vehicles; and not to exceed $90,000 pursuant to 3 

18 U.S.C. 106(b)(2), $299,000: Provided, That advances, re19 payments, or transfers from this appropriation may be 

20 made to any department or agency for expenses of car21 rying out such activities. 


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1 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF

2 THE PRESIDENT AND FUNDS APPROPRIATED TO

3 THE PRESIDENT

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 201. From funds made available in this Act 

6 under the headings ‘‘The White House’’, ‘‘Executive Resi7 dence at the White House’’, ‘‘White House Repair and 

8 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National 

9 Security Council and Homeland Security Council’’, ‘‘Of10 fice of Administration’’, ‘‘Special Assistance to the Presi11 dent’’, and ‘‘Official Residence of the Vice President’’, the 

12 Director of the Office of Management and Budget (or 

13 such other officer as the President may designate in writ14 ing), may, with advance approval of the Committees on 

15 Appropriations of the House of Representatives and the 

16 Senate, transfer not to exceed 10 percent of any such ap17 propriation to any other such appropriation, to be merged 

18 with and available for the same time and for the same 

19 purposes as the appropriation to which transferred: Pro20 vided, That the amount of an appropriation shall not be 

21 increased by more than 50 percent by such transfers: Pro22 vided further, That no amount shall be transferred from 

23 ‘‘Special Assistance to the President’’ or ‘‘Official Resi24 dence of the Vice President’’ without the approval of the 

25 Vice President. 


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1 SEC. 202. Within 90 days after the date of enactment 

2 of this section, the Director of the Office of Management 

3 and Budget shall submit a report to the Committees on 

4 Appropriations of the House of Representatives and the 

5 Senate on the costs of implementing the Dodd-Frank Wall 

6 Street Reform and Consumer Protection Act (Public Law 

7 111–203). Such report shall include— 

8 (1) the estimated mandatory and discretionary 

9 obligations of funds through fiscal year 2018, by 

10 Federal agency and by fiscal year, including— 

11 (A) the estimated obligations by cost in12 puts such as rent, information technology, con13 tracts, and personnel; 

14 (B) the methodology and data sources used 

15 to calculate such estimated obligations; and 

16 (C) the specific section of such Act that re17 quires the obligation of funds; and 

18 (2) the estimated receipts through fiscal year 

19 2017 from assessments, user fees, and other fees by 

20 the Federal agency making the collections, by fiscal 

21 year, including— 

22 (A) the methodology and data sources used 

23 to calculate such estimated collections; and 

24 (B) the specific section of such Act that 

25 authorizes the collection of funds. 


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1 SEC. 203. (a) During fiscal year 2016, any Executive 

2 order issued by the President shall be accompanied by a 

3 statement from the Director of the Office of Management 

4 and Budget on the budgetary impact, including costs, ben5 efits, and revenues, of the Executive order. 

6 (b) Any such statement shall include— 

7 (1) a narrative summary of the budgetary im8 pact of such order on the Federal Government; 

9 (2) the impact on mandatory and discretionary 

10 obligations and outlays, listed by Federal agency, for 

11 each year in the 5-fiscal year period beginning in fis12 cal year 2016; and 

13 (3) the impact on revenues of the Federal Gov14 ernment over the 5-fiscal year period beginning in 

15 fiscal year 2016. 

16 (c) If an Executive order is issued during fiscal year 

17 2016 due to a national emergency, the Director of the Of18 fice of Management and Budget may issue the statement 

19 required by subsection (a) not later than 15 days after 

20 the date that the Executive order is issued. 

21 This title may be cited as the ‘‘Executive Office of 

22 the President Appropriations Act, 2016’’. 


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1 TITLE III 

2 THE JUDICIARY 

3 SUPREME COURT OF THE UNITED STATES

4 SALARIES AND EXPENSES

5 For expenses necessary for the operation of the Su6 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, $75,838,000, of which 

12 $2,000,000 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 $9,964,000, to remain available until expended. 


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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

2 CIRCUIT

3 SALARIES AND EXPENSES

4 For salaries of officers and employees, and for nec5 essary expenses of the court, as authorized by law, 

6 $30,872,000. 

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 OF INTERNATIONAL TRADE

11 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, $18,160,000. 

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, AND OTHER

19 JUDICIAL SERVICES

20 SALARIES AND EXPENSES

21 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 


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1 for Probation and Pretrial Services Office staff, as author2 ized by law, $4,960,008,000 (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 $6,045,000, 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 auVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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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, $1,042,616,000, 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)), $48,423,000, 

23 to remain available until expended: Provided, That the 

24 compensation of land commissioners shall not exceed the 


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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 $538,771,000, of which not to exceed $15,000,000 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. 


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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, $86,000,000, 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 Cen14 ter, as authorized by Public Law 90–219, $27,000,000; 

15 of which $1,800,000 shall remain available through Sep16 tember 30, 2017, 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, $17,000,000, of which not to exceed $1,000 is au25 thorized for official reception and representation expenses. 


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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 appropria7 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 


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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 3602(a) of title 18, United 

20 States Code, is amended— 

21 (1) by inserting after the first sentence: ‘‘A per22 son appointed as a probation officer in one district 

23 may serve in another district with the consent of the 

24 appointing court and the court in the other dis25 trict.’’; and 


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1 (2) by inserting in the last sentence ‘‘appoint2 ing’’ before ‘‘court may, for cause’’. 

3 SEC. 307. (a) Section 203(c) of the Judicial Improve4 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

5 note), is amended in the second sentence (relating to the 

6 District of Kansas) following paragraph (12), by striking 

7 ‘‘24 years and 6 months’’ and inserting ‘‘25 years and 

8 6 months’’. 

9 (b) Section 406 of the Transportation, Treasury, 

10 Housing and Urban Development, the Judiciary, the Dis11 trict of Columbia, and Independent Agencies Appropria12 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470; 

13 28 U.S.C. 133 note) is amended in the second sentence 

14 (relating to the eastern District of Missouri) by striking 

15 ‘‘22 years and 6 months’’ and inserting ‘‘23 years and 

16 6 months’’. 

17 (c) Section 312(c)(2) of the 21st Century Depart18 ment of Justice Appropriations Authorization Act (Public 

19 Law 107–273; 28 U.S.C. 133 note), is amended— 

20 (1) in the first sentence by striking ‘‘13 years’’ 

21 and inserting ‘‘14 years’’; 

22 (2) in the second sentence (relating to the cen23 tral District of California), by striking ‘‘12 years 

24 and 6 months’’ and inserting ‘‘13 years and 6 

25 months’’; and 


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1 (3) in the third sentence (relating to the west2 ern district of North Carolina), by striking ‘‘11 

3 years’’ and inserting ‘‘12 years’’. 

4 This title may be cited as the ‘‘Judiciary Appropria5 tions Act, 2016’’. 

6 TITLE IV 

7 DISTRICT OF COLUMBIA 

8 FEDERAL FUNDS

9 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

10 For a Federal payment to the District of Columbia, 

11 to be deposited into a dedicated account, for a nationwide 

12 program to be administered by the Mayor, for District of 

13 Columbia resident tuition support, $30,000,000, to remain 

14 available until expended: Provided, That such funds, in15 cluding any interest accrued thereon, may be used on be16 half of eligible District of Columbia residents to pay an 

17 amount based upon the difference between in-State and 

18 out-of-State tuition at public institutions of higher edu19 cation, or to pay up to $2,500 each year at eligible private 

20 institutions of higher education: Provided further, That the 

21 awarding of such funds may be prioritized on the basis 

22 of a resident’s academic merit, the income and need of 

23 eligible students and such other factors as may be author24 ized: Provided further, That the District of Columbia gov25 ernment shall maintain a dedicated account for the ResiVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 dent Tuition Support Program that shall consist of the 

2 Federal funds appropriated to the Program in this Act 

3 and any subsequent appropriations, any unobligated bal4 ances from prior fiscal years, and any interest earned in 

5 this or any fiscal year: Provided further, That the account 

6 shall be under the control of the District of Columbia 

7 Chief Financial Officer, who shall use those funds solely 

8 for the purposes of carrying out the Resident Tuition Sup9 port Program: Provided further, That the Office of the 

10 Chief Financial Officer shall provide a quarterly financial 

11 report to the Committees on Appropriations of the House 

12 of Representatives and the Senate for these funds show13 ing, by object class, the expenditures made and the pur14 pose therefor. 

15 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

16 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

17 For a Federal payment of necessary expenses, as de18 termined by the Mayor of the District of Columbia in writ19 ten consultation with the elected county or city officials 

20 of surrounding jurisdictions, $13,000,000, to remain 

21 available until expended, for the costs of providing public 

22 safety at events related to the presence of the National 

23 Capital in the District of Columbia, including support re24 quested by the Director of the United States Secret Serv25 ice in carrying out protective duties under the direction 


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1 of the Secretary of Homeland Security, and for the costs 

2 of providing support to respond to immediate and specific 

3 terrorist threats or attacks in the District of Columbia or 

4 surrounding jurisdictions. 

5 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

6 COURTS

7 For salaries and expenses for the District of Colum8 bia Courts, $246,000,000 to be allocated as follows: for 

9 the District of Columbia Court of Appeals, $14,000,000, 

10 of which not to exceed $2,500 is for official reception and 

11 representation expenses; for the Superior Court of the 

12 District of Columbia, $122,000,000, of which not to ex13 ceed $2,500 is for official reception and representation ex14 penses; for the District of Columbia Court System, 

15 $72,000,000, of which not to exceed $2,500 is for official 

16 reception and representation expenses; and $38,000,000, 

17 to remain available until September 30, 2017, for capital 

18 improvements for District of Columbia courthouse facili19 ties: Provided, That funds made available for capital im20 provements shall be expended consistent with the District 

21 of Columbia Courts master plan study and facilities condi22 tion assessment: Provided further, That notwithstanding 

23 any other provision of law, all amounts under this heading 

24 shall be apportioned quarterly by the Office of Manage25 ment and Budget and obligated and expended in the same 


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1 manner as funds appropriated for salaries and expenses 

2 of other Federal agencies: Provided further, That 30 days 

3 after providing written notice to the Committees on Ap4 propriations of the House of Representatives and the Sen5 ate, the District of Columbia Courts may reallocate not 

6 more than $6,000,000 of the funds provided under this 

7 heading among the items and entities funded under this 

8 heading: Provided further, That the Joint Committee on 

9 Judicial Administration in the District of Columbia may, 

10 by regulation, establish a program substantially similar to 

11 the program set forth in subchapter II of chapter 35 of 

12 title 5, United States Code, for employees of the District 

13 of Columbia Courts. 

14 FEDERAL PAYMENT FOR DEFENDER SERVICES IN

15 DISTRICT OF COLUMBIA COURTS

16 For payments authorized under section 11–2604 and 

17 section 11–2605, D.C. Official Code (relating to represen18 tation provided under the District of Columbia Criminal 

19 Justice Act), payments for counsel appointed in pro20 ceedings in the Family Court of the Superior Court of the 

21 District of Columbia under chapter 23 of title 16, D.C. 

22 Official Code, or pursuant to contractual agreements to 

23 provide guardian ad litem representation, training, tech24 nical assistance, and such other services as are necessary 

25 to improve the quality of guardian ad litem representation, 


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1 payments for counsel appointed in adoption proceedings 

2 under chapter 3 of title 16, D.C. Official Code, and pay3 ments authorized under section 21–2060, D.C. Official 

4 Code (relating to services provided under the District of 

5 Columbia Guardianship, Protective Proceedings, and Du6 rable Power of Attorney Act of 1986), $49,890,000, to 

7 remain available until expended: Provided, That funds 

8 provided under this heading shall be administered by the 

9 Joint Committee on Judicial Administration in the Dis10 trict of Columbia: Provided further, That, notwithstanding 

11 any other provision of law, this appropriation shall be ap12 portioned quarterly by the Office of Management and 

13 Budget and obligated and expended in the same manner 

14 as funds appropriated for expenses of other Federal agen15 cies. 

16 FEDERAL PAYMENT TO THE COURT SERVICES AND OF17 FENDER SUPERVISION AGENCY FOR THE DISTRICT

18 OF COLUMBIA

19 For salaries and expenses, including the transfer and 

20 hire of motor vehicles, of the Court Services and Offender 

21 Supervision Agency for the District of Columbia, as au22 thorized by the National Capital Revitalization and Self23 Government Improvement Act of 1997, $242,000,000, of 

24 which not to exceed $2,000 is for official reception and 

25 representation expenses related to Community Supervision 


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1 and Pretrial Services Agency programs, of which not to 

2 exceed $25,000 is for dues and assessments relating to 

3 the implementation of the Court Services and Offender 

4 Supervision Agency Interstate Supervision Act of 2002; 

5 of which $181,000,000 shall be for necessary expenses of 

6 Community Supervision and Sex Offender Registration, to 

7 include expenses relating to the supervision of adults sub8 ject to protection orders or the provision of services for 

9 or related to such persons, of which up to $3,159,000 shall 

10 remain available until September 30, 2018, for the reloca11 tion of offender supervision field offices; and of which 

12 $61,000,000 shall be available to the Pretrial Services 

13 Agency: Provided, That notwithstanding any other provi14 sion of law, all amounts under this heading shall be appor15 tioned quarterly by the Office of Management and Budget 

16 and obligated and expended in the same manner as funds 

17 appropriated for salaries and expenses of other Federal 

18 agencies: Provided further, That amounts under this head19 ing may be used for programmatic incentives for offenders 

20 and defendants successfully meeting terms of supervision: 

21 Provided further, That the Director is authorized to accept 

22 and use gifts in the form of in-kind contributions of the 

23 following: space and hospitality to support offender and 

24 defendant programs; equipment, supplies, clothing, and 

25 professional development and vocational training services 


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1 and items necessary to sustain, educate, and train offend2 ers and defendants, including their dependent children; 

3 and programmatic incentives for offenders and defendants 

4 meeting terms of supervision: Provided further, That the 

5 Director shall keep accurate and detailed records of the 

6 acceptance and use of any gift under the previous proviso, 

7 and shall make such records available for audit and public 

8 inspection: Provided further, That the Court Services and 

9 Offender Supervision Agency Director is authorized to ac10 cept and use reimbursement from the District of Columbia 

11 Government for space and services provided on a cost re12 imbursable basis. 

13 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

14 PUBLIC DEFENDER SERVICE

15 For salaries and expenses, including the transfer and 

16 hire of motor vehicles, of the District of Columbia Public 

17 Defender Service, as authorized by the National Capital 

18 Revitalization and Self-Government Improvement Act of 

19 1997, $40,889,000: Provided, That notwithstanding any 

20 other provision of law, all amounts under this heading 

21 shall be apportioned quarterly by the Office of Manage22 ment and Budget and obligated and expended in the same 

23 manner as funds appropriated for salaries and expenses 

24 of Federal agencies: Provided further, That, notwith25 standing section 1342 of title 31, United States Code, and 


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1 in addition to the authority provided by the District of 

2 Columbia Code Section 2–1607(b), upon approval of the 

3 Board of Trustees, the District of Columbia Public De4 fender Service may accept and use voluntary and uncom5 pensated services for the purpose of aiding or facilitating 

6 the work of the District of Columbia Public Defender 

7 Service: Provided further, That, notwithstanding District 

8 of Columbia Code section 2–1603(d), for the purpose of 

9 any action brought against the Board of the Trustees of 

10 the District of Columbia Public Defender Service, the 

11 trustees shall be deemed to be employees of the Public 

12 Defender Service. 

13 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

14 WATER AND SEWER AUTHORITY

15 For a Federal payment to the District of Columbia 

16 Water and Sewer Authority, $14,000,000, to remain avail17 able until expended, to continue implementation of the 

18 Combined Sewer Overflow Long-Term Plan: Provided, 

19 That the District of Columbia Water and Sewer Authority 

20 provides a 100 percent match for this payment. 

21 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

22 COORDINATING COUNCIL

23 For a Federal payment to the Criminal Justice Co24 ordinating Council, $1,900,000, to remain available until 

25 expended, to support initiatives related to the coordination 


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1 of Federal and local criminal justice resources in the Dis2 trict of Columbia. 

3 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

4 For a Federal payment, to remain available until 

5 September 30, 2017, to the Commission on Judicial Dis6 abilities and Tenure, $295,000, and for the Judicial Nomi7 nation Commission, $270,000. 

8 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

9 For a Federal payment for a school improvement pro10 gram in the District of Columbia, $45,000,000, to remain 

11 available until expended, for payments authorized under 

12 the Scholarship for Opportunity and Results Act (division 

13 C of Public Law 112–10): Provided, That within funds 

14 provided for opportunity scholarships $3,200,000 shall be 

15 for the activities specified in sections 3007(b) through 

16 3007(d) and 3009 of the Act. 

17 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA

18 NATIONAL GUARD

19 For a Federal payment to the District of Columbia 

20 National Guard, $435,000, to remain available until ex21 pended for the Major General David F. Wherley, Jr. Dis22 trict of Columbia National Guard Retention and College 

23 Access Program. 


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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 OF COLUMBIA FUNDS

9 Local funds are appropriated for the District of Co10 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 ‘‘District 

13 of Columbia Funds Summary of Expenses’’ and at the 

14 rate set forth under such heading, as included in the Fis15 cal Year 2016 Budget Request Act of 2015 submitted to 

16 the Congress by the District of Columbia as amended as 

17 of the date of enactment of this Act: Provided, That not18 withstanding any other provision of law, except as pro19 vided in section 450A of the District of Columbia Home 

20 Rule Act (section 1–204.50a, D.C. Official Code), sections 

21 816 and 817 of the Financial Services and General Gov22 ernment Appropriations Act, 2009 (secs. 47–369.01 and 

23 47–369.02, D.C. Official Code), and provisions of this Act, 

24 the total amount appropriated in this Act for operating 

25 expenses for the District of Columbia for fiscal year 2016 


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1 under this heading shall not exceed the estimates included 

2 in the Fiscal Year 2016 Budget Request Act of 2015 sub3 mitted to Congress by the District of Columbia as amend4 ed as of the date of enactment of this Act or the sum 

5 of the total revenues of the District of Columbia for such 

6 fiscal year: Provided further, That the amount appro7 priated may be increased by proceeds of one-time trans8 actions, which are expended for emergency or unantici9 pated operating or capital needs: Provided further, That 

10 such increases shall be approved by enactment of local 

11 District law and shall comply with all reserve requirements 

12 contained in the District of Columbia Home Rule Act: 

13 Provided further, That the Chief Financial Officer of the 

14 District of Columbia shall take such steps as are necessary 

15 to assure that the District of Columbia meets these re16 quirements, including the apportioning by the Chief Fi17 nancial Officer of the appropriations and funds made 

18 available to the District during fiscal year 2016, except 

19 that the Chief Financial Officer may not reprogram for 

20 operating expenses any funds derived from bonds, notes, 

21 or other obligations issued for capital projects. 

22 This title may be cited as the ‘‘District of Columbia 

23 Appropriations Act, 2016’’. 


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1 TITLE V 

2 INDEPENDENT AGENCIES 

3 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

4 SALARIES AND EXPENSES

5 For necessary expenses of the Administrative Con6 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, 2017, 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, 2016, notwithstanding 

15 section 1017 of Public Law 111–203— 

16 (1) the Board of Governors of the Federal Re17 serve System shall not transfer amounts specified 

18 under such section to the Bureau of Consumer Fi19 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 authori23 ties of the Bureau under Federal consumer financial 

24 law. 


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1 SEC. 503. (a) During fiscal year 2016, 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— 


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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 equiva8 lents within each office for the remainder of the fis9 cal year; and 

10 (5) actions taken to achieve the goals, objec11 tives, and performance measures of each office. 

12 (c) At the request of any committee specified in sub13 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 sub21 section (c); and 

22 (3) by inserting after subsection (a) the fol23 lowing: 

24 ‘‘(b) MANAGEMENT OF THE BUREAU.— 


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1 ‘‘(1) IN GENERAL.—The management of the 

2 Bureau shall be vested in a Board of Directors con3 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 alter22 nately. 

23 ‘‘(C) REMOVAL.—The President may re24 move any member of the Board for inefficiency, 

25 neglect of duty, or malfeasance in office. 


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1 ‘‘(D) VACANCIES.—Any member of the 

2 Board appointed to fill a vacancy occurring be3 fore the expiration of the term to which the 

4 predecessor of that member was appointed (in5 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 suc11 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 mem15 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 unex22 pired term may be reappointed for a full 5-year 

23 term. 


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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 ad11 ministrative functions of the Bureau, including 

12 with respect to— 

13 ‘‘(i) the supervision of personnel em14 ployed by the Bureau (other than per15 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 administra21 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 


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1 paragraph, the Chairperson shall be governed 

2 by general policies of the Bureau and by such 

3 regulatory decisions, findings, and determina4 tions as the Bureau may by law be authorized 

5 to make. 

6 ‘‘(D) REQUESTS OR ESTIMATES RELATED

7 TO APPROPRIATIONS.—Any request or estimate 

8 for regular, supplemental, or deficiency appro9 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 Chair12 person without the prior approval of the Board. 

13 ‘‘(E) VACANCY.—The President may des14 ignate a member of the Board to serve as Act15 ing Chairperson in the event of a vacancy in the 

16 office of the Chairperson. 

17 ‘‘(5) COMPENSATION.— 

18 ‘‘(A) CHAIRPERSON.—The Chairperson 

19 shall receive compensation at the rate pre20 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 


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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) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on the later of— 

9 (1) October 1, 2016; or 

10 (2) the date on which not less than 3 persons 

11 have been confirmed by the Senate to serve as mem12 bers of the Board of Directors of the Bureau of 

13 Consumer Financial Protection. 

14 COMMODITY FUTURES TRADING COMMISSION

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses to carry out the provisions 

17 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in18 cluding the purchase and hire of passenger motor vehicles, 

19 and the rental of space (to include multiple year leases) 

20 in the District of Columbia and elsewhere, $250,000,000, 

21 including not to exceed $3,000 for official reception and 

22 representation expenses, and not to exceed $25,000 for the 

23 expenses for consultations and meetings hosted by the 

24 Commission with foreign governmental and other regu25 latory officials, of which not less than $51,000,000, to reVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 main available until September 30, 2017, shall be for the 

2 purchase of information technology and of which not less 

3 than $2,620,000 shall be for the Office of the Inspector 

4 General. 

5 CONSUMER PRODUCT SAFETY COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Consumer Product 

8 Safety Commission, including hire of passenger motor ve9 hicles, services as authorized by 5 U.S.C. 3109, but at 

10 rates for individuals not to exceed the per diem rate equiv11 alent to the maximum rate payable under 5 U.S.C. 5376, 

12 purchase of nominal awards to recognize non-Federal offi13 cials’ contributions to Commission activities, and not to 

14 exceed $4,000 for official reception and representation ex15 penses, $123,000,000. 

16 ELECTION ASSISTANCE COMMISSION

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses to carry out the Help Amer20 ica Vote Act of 2002 (Public Law 107–252), $9,600,000, 

21 of which $1,500,000 shall be transferred to the National 

22 Institute of Standards and Technology for election reform 

23 activities authorized under the Help America Vote Act of 

24 2002. 


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1 FEDERAL COMMUNICATIONS COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Communica4 tions Commission, as authorized by law, including uni5 forms and allowances therefor, as authorized by 5 U.S.C. 

6 5901–5902; not to exceed $4,000 for official reception and 

7 representation expenses; purchase and hire of motor vehi8 cles; special counsel fees; and services as authorized by 

9 5 U.S.C. 3109, $320,000,000, to remain available until 

10 expended: Provided, That in addition, $44,168,497 shall 

11 be made available until expended for necessary expenses 

12 associated with moving to a new facility or reconfiguring 

13 the existing space to significantly reduce space consump14 tion: Provided further, That $364,168,497 of offsetting 

15 collections shall be assessed and collected pursuant to sec16 tion 9 of title I of the Communications Act of 1934, shall 

17 be retained and used for necessary expenses and shall re18 main available until expended: Provided further, That the 

19 sum herein appropriated shall be reduced as such offset20 ting collections are received during fiscal year 2016 so as 

21 to result in a final fiscal year 2016 appropriation esti22 mated at $0: Provided further, That any offsetting collec23 tions received in excess of $364,168,497 in fiscal year 

24 2016 shall not be available for obligation: Provided further, 

25 That remaining offsetting collections from prior years colVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 lected in excess of the amount specified for collection in 

2 each such year and otherwise becoming available on Octo3 ber 1, 2015, shall not be available for obligation: Provided 

4 further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), 

5 proceeds from the use of a competitive bidding system that 

6 may be retained and made available for obligation shall 

7 not exceed $117,000,000 for fiscal year 2016, including 

8 not to exceed $518,981 for obligation by the Office of the 

9 Inspector General: Provided further, That, of the amount 

10 appropriated under this heading, not less than 

11 $11,090,000 shall be for the salaries and expenses of the 

12 Office of Inspector General. 

13 ADMINISTRATIVE PROVISIONS—FEDERAL

14 COMMUNICATIONS COMMISSION

15 SEC. 510. Section 302 of the Universal Service 

16 Antideficiency Temporary Suspension Act is amended by 

17 striking ‘‘December 31, 2016’’, each place it appears and 

18 inserting ‘‘December 31, 2017’’. 

19 SEC. 511. None of the funds appropriated by this Act 

20 may be used by the Federal Communications Commission 

21 to modify, amend, or change its rules or regulations for 

22 universal service support payments to implement the Feb23 ruary 27, 2004 recommendations of the Federal-State 

24 Joint Board on Universal Service regarding single connecVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 tion or primary line restrictions on universal service sup2 port payments. 

3 FEDERAL DEPOSIT INSURANCE CORPORATION

4 OFFICE OF THE INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector 

6 General in carrying out the provisions of the Inspector 

7 General Act of 1978, $34,568,000, to be derived from the 

8 Deposit Insurance Fund or, only when appropriate, the 

9 FSLIC Resolution Fund. 

10 FEDERAL ELECTION COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out the provisions 

13 of the Federal Election Campaign Act of 1971, 

14 $72,500,000, of which $5,000,000 shall remain available 

15 until September 30, 2017, for lease expiration and re16 placement lease expenses; and of which not to exceed 

17 $5,000 shall be available for reception and representation 

18 expenses. 

19 FEDERAL LABOR RELATIONS AUTHORITY

20 SALARIES AND EXPENSES

21 For necessary expenses to carry out functions of the 

22 Federal Labor Relations Authority, pursuant to Reorga23 nization Plan Numbered 2 of 1978, and the Civil Service 

24 Reform Act of 1978, including services authorized by 5 

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1 ants, hire of passenger motor vehicles, and including offi2 cial reception and representation expenses (not to exceed 

3 $1,500) and rental of conference rooms in the District of 

4 Columbia and elsewhere, $25,548,000: Provided, That 

5 public members of the Federal Service Impasses Panel 

6 may be paid travel expenses and per diem in lieu of sub7 sistence as authorized by law (5 U.S.C. 5703) for persons 

8 employed intermittently in the Government service, and 

9 compensation as authorized by 5 U.S.C. 3109: Provided 

10 further, That, notwithstanding 31 U.S.C. 3302, funds re11 ceived from fees charged to non-Federal participants at 

12 labor-management relations conferences shall be credited 

13 to and merged with this account, to be available without 

14 further appropriation for the costs of carrying out these 

15 conferences. 

16 FEDERAL TRADE COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Trade Com19 mission, including uniforms or allowances therefor, as au20 thorized by 5 U.S.C. 5901–5902; services as authorized 

21 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 

22 not to exceed $2,000 for official reception and representa23 tion expenses, $300,000,000, to remain available until ex24 pended: Provided, That not to exceed $300,000 shall be 

25 available for use to contract with a person or persons for 


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1 collection services in accordance with the terms of 31 

2 U.S.C. 3718: Provided further, That, notwithstanding any 

3 other provision of law, not to exceed $124,000,000 of off4 setting collections derived from fees collected for 

5 premerger notification filings under the Hart-Scott-Ro6 dino Antitrust Improvements Act of 1976 (15 U.S.C. 

7 18a), regardless of the year of collection, shall be retained 

8 and used for necessary expenses in this appropriation: 

9 Provided further, That, notwithstanding any other provi10 sion of law, not to exceed $14,000,000 in offsetting collec11 tions derived from fees sufficient to implement and enforce 

12 the Telemarketing Sales Rule, promulgated under the 

13 Telemarketing and Consumer Fraud and Abuse Preven14 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 

15 account, and be retained and used for necessary expenses 

16 in this appropriation: Provided further, That the sum here17 in appropriated from the general fund shall be reduced 

18 as such offsetting collections are received during fiscal 

19 year 2016, so as to result in a final fiscal year 2016 appro20 priation from the general fund estimated at not more than 

21 $162,000,000: Provided further, That none of the funds 

22 made available to the Federal Trade Commission may be 

23 used to implement subsection (e)(2)(B) of section 43 of 

24 the Federal Deposit Insurance Act (12 U.S.C. 1831t). 


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1 GENERAL SERVICES ADMINISTRATION

2 REAL PROPERTY ACTIVITIES

3 FEDERAL BUILDINGS FUND

4 LIMITATIONS ON AVAILABILITY OF REVENUE

5 (INCLUDING TRANSFERS OF FUNDS)

6 Amounts in the Fund, including revenues and collec7 tions deposited into the Fund shall be available for nec8 essary expenses of real property management and related 

9 activities not otherwise provided for, including operation, 

10 maintenance, and protection of federally owned and leased 

11 buildings; rental of buildings in the District of Columbia; 

12 restoration of leased premises; moving governmental agen13 cies (including space adjustments and telecommunications 

14 relocation expenses) in connection with the assignment, al15 location and transfer of space; contractual services inci16 dent to cleaning or servicing buildings, and moving; repair 

17 and alteration of federally owned buildings including 

18 grounds, approaches and appurtenances; care and safe19 guarding of sites; maintenance, preservation, demolition, 

20 and equipment; acquisition of buildings and sites by pur21 chase, condemnation, or as otherwise authorized by law; 

22 acquisition of options to purchase buildings and sites; con23 version and extension of federally owned buildings; pre24 liminary planning and design of projects by contract or 

25 otherwise; construction of new buildings (including equipVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ment for such buildings); and payment of principal, inter2 est, and any other obligations for public buildings acquired 

3 by installment purchase and purchase contract; in the ag4 gregate amount of $8,304,422,000, of which— 

5 (1) $181,500,000 shall remain available until 

6 expended for construction and acquisition activities 

7 (including funds for sites and expenses, and associ8 ated design and construction services) for the United 

9 States Courthouse in Nashville, Tennessee: Provided, 

10 That the foregoing limit of costs on new construc11 tion and acquisition may be exceeded to the extent 

12 that savings are effected in other such projects, but 

13 not to exceed 10 percent of the amounts included in 

14 a transmitted prospectus, if required, unless advance 

15 approval is obtained from the Committees on Appro16 priations of a greater amount; 

17 (2) $357,189,000 shall remain available until 

18 expended for repairs and alterations, including asso19 ciated design and construction services, of which— 

20 (A) $157,189,000 is for Major Repair and 

21 Alterations activities, including $96,344,000 for 

22 the Jacob K. Javits Federal Office Building in 

23 New York City, New York, and $60,845,000 

24 for the Edward J. Schwartz Federal Building 

25 and U.S. Courthouse in San Diego, California; 


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1 (B) $200,000,000 is for Basic Repairs and 

2 Alterations, Consolidation Activities, the Judici3 ary Capital Security Program, and the Fire and 

4 Life Safety Program: 

5 Provided, That funds made available in this or any 

6 previous Act in the Federal Buildings Fund for Re7 pairs and Alterations shall, for prospectus projects, 

8 be limited to the amount identified for each project, 

9 except each project in this or any previous Act may 

10 be increased by an amount not to exceed 10 percent 

11 unless advance approval is obtained from the Com12 mittees on Appropriations of a greater amount: Pro13 vided further, That additional projects for which 

14 prospectuses have been fully approved may be fund15 ed under this category only if advance approval is 

16 obtained from the Committees on Appropriations: 

17 Provided further, That the amounts provided in this 

18 or any prior Act for ‘‘Repairs and Alterations’’ may 

19 be used to fund costs associated with implementing 

20 security improvements to buildings necessary to 

21 meet the minimum standards for security in accord22 ance with current law and in compliance with the re23 programming guidelines of the appropriate Commit24 tees of the House and Senate: Provided further, That 

25 the difference between the funds appropriated and 


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1 expended on any projects in this or any prior Act, 

2 under the heading ‘‘Repairs and Alterations’’, may 

3 be transferred to Basic Repairs and Alterations or 

4 used to fund authorized increases in prospectus 

5 projects: Provided further, That the amount provided 

6 in this or any prior Act for Basic Repairs and Alter7 ations may be used to pay claims against the Gov8 ernment arising from any projects under the heading 

9 ‘‘Repairs and Alterations’’ or used to fund author10 ized increases in prospectus projects; 

11 (3) $5,521,601,000 for rental of space to re12 main available until expended; and 

13 (4) $2,244,132,000 for building operations to 

14 remain available until expended: 

15 Provided further, That the total amount of funds made 

16 available from this Fund to the General Services Adminis17 tration shall not be available for expenses of any construc18 tion, repair, alteration and acquisition project for which 

19 a prospectus, if required by 40 U.S.C. 3307(a), has not 

20 been approved, except that necessary funds may be ex21 pended for each project for required expenses for the de22 velopment of a proposed prospectus: Provided further, 

23 That funds available in the Federal Buildings Fund may 

24 be expended for emergency repairs when advance approval 

25 is obtained from the Committees on Appropriations: ProVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 vided further, That amounts necessary to provide reim2 bursable special services to other agencies under 40 U.S.C. 

3 592(b)(2) and amounts to provide such reimbursable fenc4 ing, lighting, guard booths, and other facilities on private 

5 or other property not in Government ownership or control 

6 as may be appropriate to enable the United States Secret 

7 Service to perform its protective functions pursuant to 18 

8 U.S.C. 3056, shall be available from such revenues and 

9 collections: Provided further, That revenues and collections 

10 and any other sums accruing to this Fund during fiscal 

11 year 2016, excluding reimbursements under 40 U.S.C. 

12 592(b)(2), in excess of the aggregate new obligational au13 thority authorized for Real Property Activities of the Fed14 eral Buildings Fund in this Act shall remain in the Fund 

15 and shall not be available for expenditure except as au16 thorized in appropriations Acts. 

17 GENERAL ACTIVITIES

18 GOVERNMENT-WIDE POLICY

19 For expenses authorized by law, not otherwise pro20 vided for, for Government-wide policy and evaluation ac21 tivities associated with the management of real and per22 sonal property assets and certain administrative services; 

23 Government-wide policy support responsibilities relating to 

24 acquisition, travel, motor vehicles, information technology 


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1 management, and related technology activities; and serv2 ices as authorized by 5 U.S.C. 3109; $58,000,000. 

3 OPERATING EXPENSES

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses authorized by law, not otherwise pro6 vided for, for Government-wide activities associated with 

7 utilization and donation of surplus personal property; dis8 posal of real property; agency-wide policy direction, man9 agement, and communications; the Civilian Board of Con10 tract Appeals; and services as authorized by 5 U.S.C. 

11 3109; $58,560,000, of which not to exceed $7,500 is for 

12 official reception and representation expenses. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector 

15 General and service authorized by 5 U.S.C. 3109, 

16 $65,000,000, of which $2,000,000 is available until ex17 pended: Provided, That not to exceed $50,000 shall be 

18 available for payment for information and detection of 

19 fraud against the Government, including payment for re20 covery of stolen Government property: Provided further, 

21 That not to exceed $2,500 shall be available for awards 

22 to employees of other Federal agencies and private citizens 

23 in recognition of efforts and initiatives resulting in en24 hanced Office of Inspector General effectiveness. 


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1 ALLOWANCES AND OFFICE STAFF FOR FORMER

2 PRESIDENTS

3 For carrying out the provisions of the Act of August 

4 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 

5 $3,277,000. 

6 PRE-ELECTION PRESIDENTIAL TRANSITION

7 (INCLUDING TRANSFER OF FUNDS)

8 For activities authorized by the Pre-Election Presi9 dential Transition Act of 2010 (Public Law 111–283), not 

10 to exceed $13,278,000, to remain available until Sep11 tember 30, 2017: Provided, That such amounts may be 

12 transferred to ‘‘Acquisition Services Fund’’ or ‘‘Federal 

13 Buildings Fund’’ to reimburse obligations incurred for the 

14 purposes provided herein in fiscal year 2015: Provided fur15 ther, That amounts made available under this heading 

16 shall be in addition to any other amounts available for 

17 such purposes. 

18 FEDERAL CITIZEN SERVICES FUND

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary expenses of the Office of Citizen Serv21 ices and Innovative Technologies, including services au22 thorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and for 

23 necessary expenses in support of interagency projects that 

24 enable the Federal Government to enhance its ability to 

25 conduct activities electronically, through the development 


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1 and implementation of innovative uses of information 

2 technology; $55,894,000, to be deposited into the Federal 

3 Citizen Services Fund: Provided, That the previous 

4 amount may be transferred to Federal agencies to carry 

5 out the purpose of the Federal Citizen Services Fund: Pro6 vided further, That the appropriations, revenues, reim7 bursements, and collections deposited into the Fund shall 

8 be available until expended for necessary expenses of Fed9 eral Citizen Services and other activities that enable the 

10 Federal Government to enhance its ability to conduct ac11 tivities electronically in the aggregate amount not to ex12 ceed $90,000,000: Provided further, That appropriations, 

13 revenues, reimbursements, and collections accruing to this 

14 Fund during fiscal year 2016 in excess of such amount 

15 shall remain in the Fund and shall not be available for 

16 expenditure except as authorized in appropriations Acts: 

17 Provided further, That any appropriations provided to the 

18 Electronic Government Fund that remain unobligated 

19 may be transferred to the Federal Citizen Services Fund: 

20 Provided further, That the transfer authorities provided 

21 herein shall be in addition to any other transfer authority 

22 provided in this Act. 


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1 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES

2 ADMINISTRATION

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 520. Funds available to the General Services 

5 Administration shall be available for the hire of passenger 

6 motor vehicles. 

7 SEC. 521. Funds in the Federal Buildings Fund 

8 made available for fiscal year 2016 for Federal Buildings 

9 Fund activities may be transferred between such activities 

10 only to the extent necessary to meet program require11 ments: Provided, That any proposed transfers shall be ap12 proved in advance by the Committees on Appropriations 

13 of the House of Representatives and the Senate. 

14 SEC. 522. Except as otherwise provided in this title, 

15 funds made available by this Act shall be used to transmit 

16 a fiscal year 2017 request for United States Courthouse 

17 construction only if the request: (1) meets the design guide 

18 standards for construction as established and approved by 

19 the General Services Administration, the Judicial Con20 ference of the United States, and the Office of Manage21 ment and Budget; (2) reflects the priorities of the Judicial 

22 Conference of the United States as set out in its approved 

23 5-year construction plan; and (3) includes a standardized 

24 courtroom utilization study of each facility to be con25 structed, replaced, or expanded. 


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1 SEC. 523. None of the funds provided in this Act may 

2 be used to increase the amount of occupiable square feet, 

3 provide cleaning services, security enhancements, or any 

4 other service usually provided through the Federal Build5 ings Fund, to any agency that does not pay the rate per 

6 square foot assessment for space and services as deter7 mined by the General Services Administration in consider8 ation of the Public Buildings Amendments Act of 1972 

9 (Public Law 92–313). 

10 SEC. 524. From funds made available under the 

11 heading ‘‘Federal Buildings Fund, Limitations on Avail12 ability of Revenue’’, claims against the Government of less 

13 than $250,000 arising from direct construction projects 

14 and acquisition of buildings may be liquidated from sav15 ings effected in other construction projects with prior noti16 fication to the Committees on Appropriations of the House 

17 of Representatives and the Senate. 

18 SEC. 525. In any case in which the Committee on 

19 Transportation and Infrastructure of the House of Rep20 resentatives and the Committee on Environment and Pub21 lic Works of the Senate adopt a resolution granting lease 

22 authority pursuant to a prospectus transmitted to Con23 gress by the Administrator of the General Services Admin24 istration under 40 U.S.C. 3307, the Administrator shall 

25 ensure that the delineated area of procurement is identical 


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1 to the delineated area included in the prospectus for all 

2 lease agreements, except that, if the Administrator deter3 mines that the delineated area of the procurement should 

4 not be identical to the delineated area included in the pro5 spectus, the Administrator shall provide an explanatory 

6 statement to each of such committees and the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate prior to exercising any lease authority provided in 

9 the resolution. 

10 SEC. 526. With respect to each project funded under 

11 the heading ‘‘Major Repairs and Alterations’’ or ‘‘Judici12 ary Capital Security Program’’, the Administrator of Gen13 eral Services shall submit a spending plan and explanation 

14 for each project to be undertaken to the Committees on 

15 Appropriations of the House of Representatives and the 

16 Senate not later than 30 days after the date of enactment 

17 of this Act. 

18 SEC. 527. Any consolidation of the headquarters of 

19 the Federal Bureau of Investigation must result in a full 

20 consolidation. 

21 HARRY S TRUMAN SCHOLARSHIP FOUNDATION

22 SALARIES AND EXPENSES

23 For payment to the Harry S Truman Scholarship 

24 Foundation Trust Fund, established by section 10 of PubVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 lic Law 93–642, $1,000,000, to remain available until ex2 pended. 

3 MERIT SYSTEMS PROTECTION BOARD

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses to carry out functions of the 

7 Merit Systems Protection Board pursuant to Reorganiza8 tion Plan Numbered 2 of 1978, the Civil Service Reform 

9 Act of 1978, and the Whistleblower Protection Act of 

10 1989 (5 U.S.C. 5509 note), including services as author11 ized by 5 U.S.C. 3109, rental of conference rooms in the 

12 District of Columbia and elsewhere, hire of passenger 

13 motor vehicles, direct procurement of survey printing, and 

14 not to exceed $2,000 for official reception and representa15 tion expenses, $42,740,000, to remain available until Sep16 tember 30, 2017, together with not to exceed $2,345,000, 

17 to remain available until September 30, 2017, for adminis18 trative expenses to adjudicate retirement appeals to be 

19 transferred from the Civil Service Retirement and Dis20 ability Fund in amounts determined by the Merit Systems 

21 Protection Board. 


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1 MORRIS K. UDALL AND STEWART L. UDALL

2 FOUNDATION

3 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For payment to the Morris K. Udall and Stewart L. 

6 Udall Trust Fund, pursuant to the Morris K. Udall and 

7 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et 

8 seq.), $1,995,000, to remain available until expended, of 

9 which, notwithstanding sections 8 and 9 of such Act: (1) 

10 up to $50,000 shall be used to conduct financial audits 

11 pursuant to the Accountability of Tax Dollars Act of 2002 

12 (Public Law 107–289); and (2) up to $1,000,000 shall 

13 be available to carry out the activities authorized by sec14 tion 6(7) of Public Law 102–259 and section 817(a) of 

15 Public Law 106–568 (20 U.S.C. 5604(7)): Provided, That 

16 of the total amount made available under this heading 

17 $200,000 shall be transferred to the Office of Inspector 

18 General of the Department of the Interior, to remain 

19 available until expended, for audits and investigations of 

20 the Morris K. Udall and Stewart L. Udall Foundation, 

21 consistent with the Inspector General Act of 1978 (5 

22 U.S.C. App.). 

23 ENVIRONMENTAL DISPUTE RESOLUTION FUND

24 For payment to the Environmental Dispute Resolu25 tion Fund to carry out activities authorized in the EnviVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ronmental Policy and Conflict Resolution Act of 1998, 

2 $3,400,000, to remain available until expended. 

3 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

4 OPERATING EXPENSES

5 For necessary expenses in connection with the admin6 istration of the National Archives and Records Adminis7 tration and archived Federal records and related activities, 

8 as provided by law, and for expenses necessary for the re9 view and declassification of documents, the activities of 

10 the Public Interest Declassification Board, the operations 

11 and maintenance of the electronic records archives, the 

12 hire of passenger motor vehicles, and for uniforms or al13 lowances therefor, as authorized by law (5 U.S.C. 5901), 

14 including maintenance, repairs, and cleaning, 

15 $372,000,000. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

19 General Reform Act of 2008, Public Law 110–409, 122 

20 Stat. 4302–16 (2008), and the Inspector General Act of 

21 1978 (5 U.S.C. App.), and for the hire of passenger motor 

22 vehicles, $4,180,000. 

23 REPAIRS AND RESTORATION

24 For the repair, alteration, and improvement of ar25 chives facilities, and to provide adequate storage for holdVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ings, $7,500,000, to remain available until expended: Pro2 vided, That from amounts made available under this head3 ing in Public Laws 111–8 and 111–117 for necessary ex4 penses related to the repair and renovation of the Franklin 

5 D. Roosevelt Presidential Library and Museum in Hyde 

6 Park, New York, the remaining unobligated balances shall 

7 be available to implement the National Archives and 

8 Records Administration Capital Improvement Plan. 

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, $5,000,000, 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, 2017, for technical assistance to low-income des22 ignated credit unions. 


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1 OFFICE OF GOVERNMENT ETHICS

2 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, $15,420,000. 

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 


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1 under Executive Order No. 10422 of January 9, 1953, 

2 as amended; and payment of per diem and/or subsistence 

3 allowances to employees where Voting Rights Act activities 

4 require an employee to remain overnight at his or her post 

5 of duty, $119,239,000, of which $616,000 may be for 

6 strengthening the capacity and capabilities of the acquisi7 tion workforce (as defined by the Office of Federal Pro8 curement Policy Act, as amended (41 U.S.C. 4001 et 

9 seq.)), including the recruitment, hiring, training, and re10 tention of such workforce and information technology in 

11 support of acquisition workforce effectiveness or for man12 agement solutions to improve acquisition management; 

13 and in addition $118,425,000 for administrative expenses, 

14 to be transferred from the appropriate trust funds of OPM 

15 without regard to other statutes, including direct procure16 ment of printed materials, for the retirement and insur17 ance programs: Provided, That the provisions of this ap18 propriation shall not affect the authority to use applicable 

19 trust funds as provided by sections 8348(a)(1)(B), 

20 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 

21 5, United States Code: Provided further, That no part of 

22 this appropriation shall be available for salaries and ex23 penses of the Legal Examining Unit of OPM established 

24 pursuant to Executive Order No. 9358 of July 1, 1943, 

25 or any successor unit of like purpose: Provided further, 


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1 That the President’s Commission on White House Fel2 lows, established by Executive Order No. 11183 of Octo3 ber 3, 1964, may, during fiscal year 2016, accept dona4 tions of money, property, and personal services: Provided 

5 further, That such donations, including those from prior 

6 years, may be used for the development of publicity mate7 rials to provide information about the White House Fel8 lows, except that no such donations shall be accepted for 

9 travel or reimbursement of travel expenses, or for the sala10 ries of employees of such Commission. 

11 OFFICE OF INSPECTOR GENERAL

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFER OF TRUST FUNDS)

14 For necessary expenses of the Office of Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978, including services as authorized by 

17 5 U.S.C. 3109, hire of passenger motor vehicles, 

18 $4,384,000, and in addition, not to exceed $22,479,000 

19 for administrative expenses to audit, investigate, and pro20 vide other oversight of the Office of Personnel Manage21 ment’s retirement and insurance programs, to be trans22 ferred from the appropriate trust funds of the Office of 

23 Personnel Management, as determined by the Inspector 

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1 ized to rent conference rooms in the District of Columbia 

2 and elsewhere. 

3 OFFICE OF SPECIAL COUNSEL

4 SALARIES AND EXPENSES

5 For necessary expenses to carry out functions of the 

6 Office of Special Counsel pursuant to Reorganization Plan 

7 Numbered 2 of 1978, the Civil Service Reform Act of 

8 1978 (Public Law 95–454), the Whistleblower Protection 

9 Act of 1989 (Public Law 101–12) as amended by Public 

10 Law 107–304, the Whistleblower Protection Enhancement 

11 Act of 2012 (Public Law 112–199), and the Uniformed 

12 Services Employment and Reemployment Rights Act of 

13 1994 (Public Law 103–353), including services as author14 ized by 5 U.S.C. 3109, payment of fees and expenses for 

15 witnesses, rental of conference rooms in the District of Co16 lumbia and elsewhere, and hire of passenger motor vehi17 cles; $23,500,000. 

18 POSTAL REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the Postal Regulatory 

22 Commission in carrying out the provisions of the Postal 

23 Accountability and Enhancement Act (Public Law 109– 

24 435), $15,000,000, to be derived by transfer from the 


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1 Postal Service Fund and expended as authorized by sec2 tion 603(a) of such Act. 

3 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Privacy and Civil Lib6 erties Oversight Board, as authorized by section 1061 of 

7 the Intelligence Reform and Terrorism Prevention Act of 

8 2004 (42 U.S.C. 2000ee), $23,297,000, to remain avail9 able until September 30, 2017. 

10 SECURITIES AND EXCHANGE COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Securities and Ex13 change Commission, including services as authorized by 

14 5 U.S.C. 3109, the rental of space (to include multiple 

15 year leases) in the District of Columbia and elsewhere, and 

16 not to exceed $3,500 for official reception and representa17 tion expenses, $1,500,000,000, to remain available until 

18 expended; of which not less than $11,315,971 shall be for 

19 the Office of Inspector General; of which not to exceed 

20 $75,000 shall be available for a permanent secretariat for 

21 the International Organization of Securities Commissions; 

22 of which not to exceed $100,000 shall be available for ex23 penses for consultations and meetings hosted by the Com24 mission with foreign governmental and other regulatory 

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1 change views concerning securities matters, such expenses 

2 to include necessary logistic and administrative expenses 

3 and the expenses of Commission staff and foreign invitees 

4 in attendance including: (1) incidental expenses such as 

5 meals; (2) travel and transportation; and (3) related lodg6 ing or subsistence; and of which not less than $60,971,000 

7 shall be for the Division of Economic and Risk Analysis: 

8 Provided, That fees and charges authorized by section 31 

9 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) 

10 shall be credited to this account as offsetting collections: 

11 Provided further, That not to exceed $1,500,000,000 of 

12 such offsetting collections shall be available until expended 

13 for necessary expenses of this account: Provided further, 

14 That the total amount appropriated under this heading 

15 from the general fund for fiscal year 2016 shall be reduced 

16 as such offsetting fees are received so as to result in a 

17 final total fiscal year 2016 appropriation from the general 

18 fund estimated at not more than $0. 

19 SELECTIVE SERVICE SYSTEM

20 SALARIES AND EXPENSES

21 For necessary expenses of the Selective Service Sys22 tem, including expenses of attendance at meetings and of 

23 training for uniformed personnel assigned to the Selective 

24 Service System, as authorized by 5 U.S.C. 4101–4118 for 

25 civilian employees; hire of passenger motor vehicles; servVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ices as authorized by 5 U.S.C. 3109; and not to exceed 

2 $750 for official reception and representation expenses; 

3 $22,703,000: Provided, That during the current fiscal 

4 year, the President may exempt this appropriation from 

5 the provisions of 31 U.S.C. 1341, whenever the President 

6 deems such action to be necessary in the interest of na7 tional defense: Provided further, That none of the funds 

8 appropriated by this Act may be expended for or in con9 nection with the induction of any person into the Armed 

10 Forces of the United States. 

11 SMALL BUSINESS ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses, not otherwise provided for, 

14 of the Small Business Administration, including hire of 

15 passenger motor vehicles as authorized by sections 1343 

16 and 1344 of title 31, United States Code, and not to ex17 ceed $3,500 for official reception and representation ex18 penses, $257,000,000, of which not less than $12,000,000 

19 shall be available for examinations, reviews, and other 

20 lender oversight activities: Provided, That the Adminis21 trator is authorized to charge fees to cover the cost of pub22 lications developed by the Small Business Administration, 

23 and certain loan program activities, including fees author24 ized by section 5(b) of the Small Business Act: Provided 

25 further, That, notwithstanding 31 U.S.C. 3302, revenues 


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1 received from all such activities shall be credited to this 

2 account, to remain available until expended, for carrying 

3 out these purposes without further appropriations: Pro4 vided further, That the Small Business Administration 

5 may accept gifts in an amount not to exceed $4,000,000 

6 and may co-sponsor activities, each in accordance with sec7 tion 132(a) of division K of Public Law 108–447, during 

8 fiscal year 2016: Provided further, That $6,100,000 shall 

9 be available for the Loan Modernization and Accounting 

10 System, to be available until September 30, 2017: Pro11 vided further, That $3,000,000 shall be for the Federal 

12 and State Technology Partnership Program under section 

13 34 of the Small Business Act (15 U.S.C. 657d). 

14 ENTREPRENEURIAL DEVELOPMENT PROGRAMS

15 For necessary expenses of programs supporting en16 trepreneurial and small business development, 

17 $220,150,000, to remain available until September 30, 

18 2017: Provided, That $115,000,000 shall be available to 

19 fund grants for performance in fiscal year 2016 or fiscal 

20 year 2017 as authorized by section 21 of the Small Busi21 ness Act: Provided further, That $25,000,000 shall be for 

22 marketing, management, and technical assistance under 

23 section 7(m) of the Small Business Act (15 U.S.C. 

24 636(m)(4)) by intermediaries that make microloans under 

25 the microloan program: Provided further, That 


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1 $17,400,000 shall be available for grants to States to 

2 carry out export programs that assist small business con3 cerns authorized under section 1207 of Public Law 111– 

4 240. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector 

7 General in carrying out the provisions of the Inspector 

8 General Act of 1978, $19,900,000. 

9 OFFICE OF ADVOCACY

10 For necessary expenses of the Office of Advocacy in 

11 carrying out the provisions of title II of Public Law 94– 

12 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi13 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to 

14 remain available until expended. 

15 BUSINESS LOANS PROGRAM ACCOUNT

16 (INCLUDING TRANSFER OF FUNDS)

17 For the cost of direct loans, $3,338,172, to remain 

18 available until expended: Provided, That such costs, in19 cluding the cost of modifying such loans, shall be as de20 fined in section 502 of the Congressional Budget Act of 

21 1974: Provided further, That subject to section 502 of the 

22 Congressional Budget Act of 1974, during fiscal year 

23 2016 commitments to guarantee loans under section 503 

24 of the Small Business Investment Act of 1958 shall not 

25 exceed $7,500,000,000: Provided further, That during fisVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 cal year 2016 commitments for general business loans au2 thorized under section 7(a) of the Small Business Act 

3 shall not exceed $23,500,000,000 for a combination of 

4 amortizing term loans and the aggregated maximum line 

5 of credit provided by revolving loans: Provided further, 

6 That during fiscal year 2016 commitments for loans au7 thorized under subparagraph (C) of section 502(7) of The 

8 Small Business Investment Act of 1958 (15 U.S.C. 

9 696(7)) shall not exceed $7,500,000: Provided further, 

10 That during fiscal year 2016 commitments to guarantee 

11 loans for debentures under section 303(b) of the Small 

12 Business Investment Act of 1958 shall not exceed 

13 $4,000,000,000: Provided further, That during fiscal year 

14 2016, guarantees of trust certificates authorized by sec15 tion 5(g) of the Small Business Act shall not exceed a 

16 principal amount of $12,000,000,000. In addition, for ad17 ministrative expenses to carry out the direct and guaran18 teed loan programs, $152,725,828, which may be trans19 ferred to and merged with the appropriations for Salaries 

20 and Expenses. 

21 DISASTER LOANS PROGRAM ACCOUNT

22 (INCLUDING TRANSFERS OF FUNDS)

23 For administrative expenses to carry out the direct 

24 loan program authorized by section 7(b) of the Small 

25 Business Act, $186,858,000, to be available until exVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 pended, of which $1,000,000 is for the Office of Inspector 

2 General of the Small Business Administration for audits 

3 and reviews of disaster loans and the disaster loan pro4 grams and shall be transferred to and merged with the 

5 appropriations for the Office of Inspector General; of 

6 which $176,858,000 is for direct administrative expenses 

7 of loan making and servicing to carry out the direct loan 

8 program, which may be transferred to and merged with 

9 the appropriations for Salaries and Expenses; and of 

10 which $9,000,000 is for indirect administrative expenses 

11 for the direct loan program, which may be transferred to 

12 and merged with the appropriations for Salaries and Ex13 penses: Provided, That, of the funds provided herein, 

14 $158,829,000 shall be for major disasters declared pursu15 ant to the Robert T. Stafford Disaster Relief and Emer16 gency Assistance Act (42 U.S.C. 5122(2)); $151,179,014 

17 is for direct administrative expenses of loan making and 

18 servicing to carry out the direct loan program; and 

19 $7,649,986 is for indirect administrative expenses for the 

20 direct loan program: Provided further, That the amount 

21 for major disasters under this heading is designated by 

22 Congress as being for disaster relief pursuant to section 

23 251(b)(2)(D) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985 (Public Law 99–177), as 

25 amended. 


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1 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

2 ADMINISTRATION

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 530. Not to exceed 5 percent of any appropria5 tion made available for the current fiscal year for the 

6 Small Business Administration in this Act may be trans7 ferred between such appropriations, but no such appro8 priation shall be increased by more than 10 percent by 

9 any such transfers: Provided, That any transfer pursuant 

10 to this paragraph shall be treated as a reprogramming of 

11 funds under section 608 of this Act and shall not be avail12 able for obligation or expenditure except in compliance 

13 with the procedures set forth in that section. 

14 SEC. 531. (a) None of the funds made available under 

15 this Act may be used to collect a guarantee fee under sec16 tion 7(a)(18) of the Small Business Act (15 U.S.C. 

17 636(a)(18)) with respect to a loan guaranteed under sec18 tion 7(a)(31) of such Act that is made to a small business 

19 concern (as defined under section 3 of such Act (15 U.S.C. 

20 632)) that is 51 percent or more owned and controlled 

21 by 1 or more individuals who is a veteran (as defined in 

22 section 101 of title 38, United States Code) or the spouse 

23 of a veteran. 

24 (b) Nothing in this section shall be construed to limit 

25 the authority of the Administrator of the Small Business 


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1 Administration to waive such a guarantee fee or any other 

2 loan fee with respect to a loan to a small business concern 

3 described in subsection (a) or any other borrower. 

4 SEC. 532. Subparagraph (C) of section 502(7) of the 

5 Small Business Investment Act of 1958 (15 U.S.C 

6 696(7)), as in effect on September 25, 2012, shall be in 

7 effect during fiscal year 2016. 

8 UNITED STATES POSTAL SERVICE

9 PAYMENT TO THE POSTAL SERVICE FUND

10 For payment to the Postal Service Fund for revenue 

11 forgone on free and reduced rate mail, pursuant to sub12 sections (c) and (d) of section 2401 of title 39, United 

13 States Code, $49,923,000, which shall not be available for 

14 obligation until October 1, 2016: Provided, That mail for 

15 overseas voting and mail for the blind shall continue to 

16 be free: Provided further, That 6-day delivery and rural 

17 delivery of mail shall continue at not less than the 1983 

18 level: Provided further, That none of the funds made avail19 able to the Postal Service by this Act shall be used to im20 plement any rule, regulation, or policy of charging any of21 ficer or employee of any State or local child support en22 forcement agency, or any individual participating in a 

23 State or local program of child support enforcement, a fee 

24 for information requested or provided concerning an ad25 dress of a postal customer: Provided further, That none 


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1 of the funds provided in this Act shall be used to consoli2 date or close small rural and other small post offices. 

3 OFFICE OF INSPECTOR GENERAL

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of the Office of Inspector 

7 General in carrying out the provisions of the Inspector 

8 General Act of 1978, $243,883,000, to be derived by 

9 transfer from the Postal Service Fund and expended as 

10 authorized by section 603(b)(3) of the Postal Account11 ability and Enhancement Act (Public Law 109–435). 

12 UNITED STATES TAX COURT

13 SALARIES AND EXPENSES

14 For necessary expenses, including contract reporting 

15 and other services as authorized by 5 U.S.C. 3109, 

16 $51,300,000: Provided, That travel expenses of the judges 

17 shall be paid upon the written certificate of the judge. 

18 TITLE VI 

19 GENERAL PROVISIONS—THIS ACT 

20 (INCLUDING RESCISSION)

21 SEC. 601. None of the funds in this Act shall be used 

22 for the planning or execution of any program to pay the 

23 expenses of, or otherwise compensate, non-Federal parties 

24 intervening in regulatory or adjudicatory proceedings 

25 funded in this Act. 


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1 SEC. 602. None of the funds appropriated in this Act 

2 shall remain available for obligation beyond the current 

3 fiscal year, nor may any be transferred to other appropria4 tions, unless expressly so provided herein. 

5 SEC. 603. The expenditure of any appropriation 

6 under this Act for any consulting service through procure7 ment contract pursuant to 5 U.S.C. 3109, shall be limited 

8 to those contracts where such expenditures are a matter 

9 of public record and available for public inspection, except 

10 where otherwise provided under existing law, or under ex11 isting Executive order issued pursuant to existing law. 

12 SEC. 604. None of the funds made available in this 

13 Act may be transferred to any department, agency, or in14 strumentality of the United States Government, except 

15 pursuant to a transfer made by, or transfer authority pro16 vided in, this Act or any other appropriations Act. 

17 SEC. 605. None of the funds made available by this 

18 Act shall be available for any activity or for paying the 

19 salary of any Government employee where funding an ac20 tivity or paying a salary to a Government employee would 

21 result in a decision, determination, rule, regulation, or pol22 icy that would prohibit the enforcement of section 307 of 

23 the Tariff Act of 1930 (19 U.S.C. 1307). 

24 SEC. 606. No funds appropriated pursuant to this 

25 Act may be expended by an entity unless the entity agrees 


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1 that in expending the assistance the entity will comply 

2 with chapter 83 of title 41, United States Code. 

3 SEC. 607. No funds appropriated or otherwise made 

4 available under this Act shall be made available to any 

5 person or entity that has been convicted of violating chap6 ter 83 of title 41, United States Code. 

7 SEC. 608. Except as otherwise provided in this Act, 

8 none of the funds provided in this Act, provided by pre9 vious appropriations Acts to the agencies or entities fund10 ed in this Act that remain available for obligation or ex11 penditure in fiscal year 2016, or provided from any ac12 counts in the Treasury derived by the collection of fees 

13 and available to the agencies funded by this Act, shall be 

14 available for obligation or expenditure through a re15 programming of funds that: (1) creates a new program; 

16 (2) eliminates a program, project, or activity; (3) increases 

17 funds or personnel for any program, project, or activity 

18 for which funds have been denied or restricted by the Con19 gress; (4) proposes to use funds directed for a specific ac20 tivity by the Committee on Appropriations of either the 

21 House of Representatives or the Senate for a different 

22 purpose; (5) augments existing programs, projects, or ac23 tivities in excess of $5,000,000 or 10 percent, whichever 

24 is less; (6) reduces existing programs, projects, or activi25 ties by $5,000,000 or 10 percent, whichever is less; or (7) 


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1 creates or reorganizes offices, programs, or activities un2 less prior approval is received from the Committees on Ap3 propriations of the House of Representatives and the Sen4 ate: Provided, That prior to any significant reorganization 

5 or restructuring of offices, programs, or activities, each 

6 agency or entity funded in this Act shall consult with the 

7 Committees on Appropriations of the House of Represent8 atives and the Senate: Provided further, That not later 

9 than 60 days after the date of enactment of this Act, each 

10 agency funded by this Act shall submit a report to the 

11 Committees on Appropriations of the House of Represent12 atives and the Senate to establish the baseline for applica13 tion of reprogramming and transfer authorities for the 

14 current fiscal year: Provided further, That at a minimum 

15 the report shall include: (1) a table for each appropriation 

16 with a separate column to display the President’s budget 

17 request, adjustments made by Congress, adjustments due 

18 to enacted rescissions, if appropriate, and the fiscal year 

19 enacted level; (2) a delineation in the table for each appro20 priation both by object class and program, project, and 

21 activity as detailed in the budget appendix for the respec22 tive appropriation; and (3) an identification of items of 

23 special congressional interest: Provided further, That the 

24 amount appropriated or limited for salaries and expenses 

25 for an agency shall be reduced by $100,000 per day for 


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1 each day after the required date that the report has not 

2 been submitted to the Congress. 

3 SEC. 609. Except as otherwise specifically provided 

4 by law, not to exceed 50 percent of unobligated balances 

5 remaining available at the end of fiscal year 2016 from 

6 appropriations made available for salaries and expenses 

7 for fiscal year 2016 in this Act, shall remain available 

8 through September 30, 2017, for each such account for 

9 the purposes authorized: Provided, That a request shall 

10 be submitted to the Committees on Appropriations of the 

11 House of Representatives and the Senate for approval 

12 prior to the expenditure of such funds: Provided further, 

13 That these requests shall be made in compliance with re14 programming guidelines. 

15 SEC. 610. (a) None of the funds made available in 

16 this Act may be used by the Executive Office of the Presi17 dent to request— 

18 (1) any official background investigation report 

19 on any individual from the Federal Bureau of Inves20 tigation; or 

21 (2) a determination with respect to the treat22 ment of an organization as described in section 

23 501(c) of the Internal Revenue Code of 1986 and 

24 exempt from taxation under section 501(a) of such 


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1 Code from the Department of the Treasury or the 

2 Internal Revenue Service. 

3 (b) Subsection (a) shall not apply— 

4 (1) in the case of an official background inves5 tigation report, if such individual has given express 

6 written consent for such request not more than 6 

7 months prior to the date of such request and during 

8 the same presidential administration; or 

9 (2) if such request is required due to extraor10 dinary circumstances involving national security. 

11 SEC. 611. The cost accounting standards promul12 gated under chapter 15 of title 41, United States Code 

13 shall not apply with respect to a contract under the Fed14 eral Employees Health Benefits Program established 

15 under chapter 89 of title 5, United States Code. 

16 SEC. 612. For the purpose of resolving litigation and 

17 implementing any settlement agreements regarding the 

18 nonforeign area cost-of-living allowance program, the Of19 fice of Personnel Management may accept and utilize 

20 (without regard to any restriction on unanticipated travel 

21 expenses imposed in an Appropriations Act) funds made 

22 available to the Office of Personnel Management pursuant 

23 to court approval. 

24 SEC. 613. No funds appropriated by this Act shall 

25 be available to pay for an abortion, or the administrative 


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1 expenses in connection with any health plan under the 

2 Federal employees health benefits program which provides 

3 any benefits or coverage for abortions. 

4 SEC. 614. The provision of section 613 shall not 

5 apply where the life of the mother would be endangered 

6 if the fetus were carried to term, or the pregnancy is the 

7 result of an act of rape or incest. 

8 SEC. 615. In order to promote Government access to 

9 commercial information technology, the restriction on pur10 chasing nondomestic articles, materials, and supplies set 

11 forth in chapter 83 of title 41, United States Code (popu12 larly known as the Buy American Act), shall not apply 

13 to the acquisition by the Federal Government of informa14 tion technology (as defined in section 11101 of title 40, 

15 United States Code), that is a commercial item (as defined 

16 in section 103 of title 41, United States Code). 

17 SEC. 616. Notwithstanding section 1353 of title 31, 

18 United States Code, no officer or employee of any regu19 latory agency or commission funded by this Act may ac20 cept on behalf of that agency, nor may such agency or 

21 commission accept, payment or reimbursement from a 

22 non-Federal entity for travel, subsistence, or related ex23 penses for the purpose of enabling an officer or employee 

24 to attend and participate in any meeting or similar func25 tion relating to the official duties of the officer or emVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ployee when the entity offering payment or reimbursement 

2 is a person or entity subject to regulation by such agency 

3 or commission, or represents a person or entity subject 

4 to regulation by such agency or commission, unless the 

5 person or entity is an organization described in section 

6 501(c)(3) of the Internal Revenue Code of 1986 and ex7 empt from tax under section 501(a) of such Code. 

8 SEC. 617. Notwithstanding section 708 of this Act, 

9 funds made available to the Commodity Futures Trading 

10 Commission and the Securities and Exchange Commission 

11 by this or any other Act may be used for the interagency 

12 funding and sponsorship of a joint advisory committee to 

13 advise on emerging regulatory issues. 

14 SEC. 618. (a)(1) Notwithstanding any other provision 

15 of law, an Executive agency covered by this Act otherwise 

16 authorized to enter into contracts for either leases or the 

17 construction or alteration of real property for office, meet18 ing, storage, or other space must consult with the General 

19 Services Administration before issuing a solicitation for of20 fers of new leases or construction contracts, and in the 

21 case of succeeding leases, before entering into negotiations 

22 with the current lessor. 

23 (2) Any such agency with authority to enter into an 

24 emergency lease may do so during any period declared by 


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1 the President to require emergency leasing authority with 

2 respect to such agency. 

3 (b) For purposes of this section, the term ‘‘Executive 

4 agency covered by this Act’’ means any Executive agency 

5 provided funds by this Act, but does not include the Gen6 eral Services Administration or the United States Postal 

7 Service. 

8 SEC. 619. (a) There are appropriated for the fol9 lowing activities the amounts required under current law: 

10 (1) Compensation of the President (3 U.S.C. 

11 102). 

12 (2) Payments to— 

13 (A) the Judicial Officers’ Retirement Fund 

14 (28 U.S.C. 377(o)); 

15 (B) the Judicial Survivors’ Annuities Fund 

16 (28 U.S.C. 376(c)); and 

17 (C) the United States Court of Federal 

18 Claims Judges’ Retirement Fund (28 U.S.C. 

19 178(l)). 

20 (3) Payment of Government contributions— 

21 (A) with respect to the health benefits of 

22 retired employees, as authorized by chapter 89 

23 of title 5, United States Code, and the Retired 

24 Federal Employees Health Benefits Act (74 

25 Stat. 849); and 


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1 (B) with respect to the life insurance bene2 fits for employees retiring after December 31, 

3 1989 (5 U.S.C. ch. 87). 

4 (4) Payment to finance the unfunded liability of 

5 new and increased annuity benefits under the Civil 

6 Service Retirement and Disability Fund (5 U.S.C. 

7 8348). 

8 (5) Payment of annuities authorized to be paid 

9 from the Civil Service Retirement and Disability 

10 Fund by statutory provisions other than subchapter 

11 III of chapter 83 or chapter 84 of title 5, United 

12 States Code. 

13 (b) Nothing in this section may be construed to ex14 empt any amount appropriated by this section from any 

15 otherwise applicable limitation on the use of funds con16 tained in this Act. 

17 SEC. 620. The Public Company Accounting Oversight 

18 Board (Board) shall have authority to obligate funds for 

19 the scholarship program established by section 109(c)(2) 

20 of the Sarbanes-Oxley Act of 2002 (Public Law 107–204) 

21 in an aggregate amount not exceeding the amount of 

22 funds collected by the Board as of December 31, 2015, 

23 including accrued interest, as a result of the assessment 

24 of monetary penalties. Funds available for obligation in 

25 fiscal year 2016 shall remain available until expended. 


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1 SEC. 621. None of the funds made available in this 

2 Act may be used by the Federal Trade Commission to 

3 complete the draft report entitled ‘‘Interagency Working 

4 Group on Food Marketed to Children: Preliminary Pro5 posed Nutrition Principles to Guide Industry Self-Regu6 latory Efforts’’ unless the Interagency Working Group on 

7 Food Marketed to Children complies with Executive Order 

8 No. 13563. 

9 SEC. 622. None of the funds made available by this 

10 Act may be used to pay the salaries and expenses for the 

11 following positions: 

12 (1) Director, White House Office of Health Re13 form. 

14 (2) Assistant to the President for Energy and 

15 Climate Change. 

16 (3) Senior Advisor to the Secretary of the 

17 Treasury assigned to the Presidential Task Force on 

18 the Auto Industry and Senior Counselor for Manu19 facturing Policy. 

20 (4) White House Director of Urban Affairs. 

21 SEC. 623. None of the funds in this Act may be used 

22 for the Director of the Office of Personnel Management 

23 to award a contract, enter an extension of, or exercise an 

24 option on a contract to a contractor conducting the final 

25 quality review processes for background investigation 


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1 fieldwork services or background investigation support 

2 services that, as of the date of the award of the contract, 

3 are being conducted by that contractor. 

4 SEC. 624. Each executive agency covered by this Act 

5 shall include, in its fiscal year 2017 budget justification 

6 materials submitted to the Committees on Appropriations 

7 of the House of Representatives and the Senate, a sepa8 rate table briefly describing the top management chal9 lenges for fiscal year 2016 as identified by the agency in10 spector general, together with an explanation of how the 

11 fiscal year 2017 budget request addresses each such man12 agement challenge. 

13 SEC. 625. (a) The head of each executive branch 

14 agency funded by this Act shall ensure that the Chief In15 formation Officer of the agency has the authority to par16 ticipate in decisions regarding the budget planning process 

17 related to information technology. 

18 (b) Amounts appropriated for any executive branch 

19 agency funded by this Act that are available for informa20 tion technology shall be allocated within the agency, con21 sistent with the provisions of appropriations Acts and 

22 budget guidelines and recommendations from the Director 

23 of the Office of Management and Budget, in such manner 

24 as specified by, or approved by, the Chief Information OfVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ficer of the agency in consultation with the Chief Financial 

2 Officer of the agency and budget officials. 

3 SEC. 626. None of the funds made available in this 

4 Act may be used in contravention of chapter 29, 31, or 

5 33 of title 44, United States Code. 

6 SEC. 627. From the unobligated balances available 

7 in the Securities and Exchange Commission Reserve Fund 

8 established by section 991 of the Dodd-Frank Wall Street 

9 Reform and Consumer Protection Act (Public Law 111– 

10 203), $25,000,000 are rescinded. 

11 SEC. 628. The head of any executive branch depart12 ment, agency, board, commission, or office funded by this 

13 Act shall require that all contracts within their purview 

14 that provide award fees link such fees to successful acqui15 sition outcomes, specifying the terms of cost, schedule, 

16 and performance. 

17 SEC. 629. Notwithstanding any other provision of 

18 this Act, none of the funds appropriated or otherwise 

19 made available by this Act may be used to pay award or 

20 incentive fees for contractor performance that has been 

21 judged to be below satisfactory performance or perform22 ance that does not meet the basic requirements of a con23 tract. 

24 SEC. 630. (a) TREATMENT OF PAYMENT FOR PUBLIC

25 COMMUNICATION AS CONTRIBUTION IF MADE UNDER


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1 CONTROL OR DIRECTION OF CANDIDATE.—Section 

2 301(8)(A) of the Federal Election Campaign Act of 1971 

3 (52 U.S.C. 30101(8)(A)) is amended— 

4 (1) by striking ‘‘or’’ at the end of clause (i); 

5 (2) by striking the period at the end of clause 

6 (ii) and inserting ‘‘; or’’; and 

7 (3) by adding at the end the following new 

8 clause: 

9 ‘‘(iii) any payment by a political com10 mittee of a political party for the direct 

11 costs of a public communication (as de12 fined in paragraph (22)) made on behalf of 

13 a candidate for Federal office who is affili14 ated with such party, but only if the com15 munication is controlled by, or made at the 

16 direction of, the candidate or an authorized 

17 committee of the candidate.’’. 

18 (b) REQUIRING CONTROL OR DIRECTION BY CAN19 DIDATE FOR TREATMENT AS COORDINATED PARTY EX20 PENDITURE.— 

21 (1) IN GENERAL.—Paragraph (4) of section 

22 315(d) of such Act (52 U.S.C. 30116(d)) is amend23 ed to read as follows: 

24 ‘‘(4) SPECIAL RULE FOR DIRECT COSTS OF

25 COMMUNICATIONS.—The direct costs incurred by a 


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1 political committee of a political party for a commu2 nication made in connection with the campaign of a 

3 candidate for Federal office shall not be subject to 

4 the limitations contained in paragraphs (2) and (3) 

5 unless the communication is controlled by, or made 

6 at the direction of, the candidate or an authorized 

7 committee of the candidate.’’. 

8 (2) CONFORMING AMENDMENT.—Paragraph (1) 

9 of section 315(d) of such Act (52 U.S.C. 30116(d)) 

10 is amended by striking ‘‘paragraphs (2), (3), and 

11 (4)’’ and inserting ‘‘paragraphs (2) and (3)’’. 

12 SEC. 631. Section 302(g) of the Federal Election 

13 Campaign Act of 1971 (52 U.S.C. 30102(g)) is amended 

14 to read as follows: 

15 ‘‘(g) FILING WITH THE COMMISSION.—All designa16 tions, statements, and reports required to be filed under 

17 this Act shall be filed with the Commission.’’. 

18 SEC. 632. On and after the date of enactment of this 

19 Act, in the case of a party to a joint sales agreement (as 

20 defined in Note 2(k) to section 73.3555 of title 47, Code 

21 of Federal Regulations) that is in effect on the effective 

22 date of the amendment to Note 2(k)(2) to that section 

23 made by the Further Notice of Proposed Rulemaking and 

24 Report and Order adopted by the Federal Communica25 tions Commission on March 31, 2014 (FCC 14–28), the 


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1 party shall not be considered to be in violation of the own2 ership limitations of that section by reason of the applica3 tion of the rule in Note 2(k)(2), as so amended, to the 

4 joint sales agreement. 

5 SEC. 633. None of the funds made available by this 

6 Act may be used to regulate, directly or indirectly, the 

7 prices or related terms (as such terms are described in 

8 paragraph 164 of the Report and Order on Remand, De9 claratory Ruling, and Order in the matter of protecting 

10 and promoting the open Internet, adopted by the Federal 

11 Communications Commission on February 26, 2015 (FCC 

12 15–24)) charged or imposed by providers of broadband 

13 Internet access service (as defined in the final rules in Ap14 pendix A of such Report and Order on Remand, Declara15 tory Ruling, and Order) for such service, regardless of 

16 whether such regulation takes the form of requirements 

17 for future conduct or enforcement regarding past conduct. 

18 SEC. 634. None of the amounts made available by 

19 this Act may be used to finalize or implement the Safety 

20 Standard for Recreational Off-Highway Vehicles published 

21 by the Consumer Product Safety Commission in the Fed22 eral Register on November 19, 2014 (79 Fed. Reg. 68964) 

23 until after— 

24 (1) the National Academy of Sciences, in con25 sultation with the National Highway Traffic Safety 


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1 Administration and the Department of Defense, 

2 completes a study to determine— 

3 (A) the technical validity of the lateral sta4 bility and vehicle handling requirements pro5 posed by such standard for purposes of reduc6 ing the risk of Recreational Off-Highway Vehi7 cle (referred to in this section as ‘‘ROV’’) roll8 overs in the off-road environment, including the 

9 repeatability and reproducibility of testing for 

10 compliance with such requirements; 

11 (B) the number of ROV rollovers that 

12 would be prevented if the proposed require13 ments were adopted; 

14 (C) whether there is a technical basis for 

15 the proposal to provide information on a point16 of-sale hangtag about a ROV’s rollover resist17 ance on a progressive scale; and 

18 (D) the effect on the utility of ROVs used 

19 by the United States military if the proposed 

20 requirements were adopted; and 

21 (2) a report containing the results of the study 

22 completed under paragraph (1) is delivered to— 

23 (A) the Committee on Commerce, Science, 

24 and Transportation of the Senate; 


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1 (B) the Committee on Energy and Com2 merce of the House of Representatives; 

3 (C) the Committee on Appropriations of 

4 the Senate; and 

5 (D) the Committee on Appropriations of 

6 the House of Representatives. 

7 SEC. 635. Notwithstanding any other provision of 

8 law, not to exceed $2,266,085 of unobligated balances 

9 from ‘‘Election Assistance Commission, Election Reform 

10 Programs’’ shall be available to record a disbursement 

11 previously incurred under that heading in fiscal year 2014 

12 against a 2008 cancelled account. 

13 SEC. 636. None of the funds appropriated by this Act 

14 may be used by the Federal Communications Commission 

15 to modify, amend, or change the rules or regulations of 

16 the Commission for universal service high-cost support for 

17 competitive eligible telecommunications carriers in a way 

18 that is inconsistent with paragraph (e)(5) or (e)(6) of sec19 tion 54.307 of title 47, Code of Federal Regulations, as 

20 in effect on July 15, 2015: Provided, That this section 

21 shall not prohibit the Commission from considering, devel22 oping, or adopting other support mechanisms as an alter23 native to Mobility Fund Phase II. 


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1 SEC. 637. (a) CONSUMER FINANCIAL PROTECTION

2 ACT OF 2010.—The Consumer Financial Protection Act 

3 of 2010 (12 U.S.C. 5481 et seq.) is amended— 

4 (1) in section 1002 (12 U.S.C. 5481)— 

5 (A) by striking paragraph (10) and insert6 ing: 

7 ‘‘(10) BOARD.—The term ‘Board’ means the 

8 Board of Directors of the Bureau of Consumer Fi9 nancial Protection.’’; and 

10 (B) by inserting after paragraph (29) the 

11 following: 

12 ‘‘(30) CHAIRPERSON.—The term ‘Chairperson’ 

13 means the Chairperson of the Board of Directors of 

14 the Bureau of Consumer Financial Protection.’’; 

15 (2) in section 1012 (12 U.S.C. 5492)— 

16 (A) in subsection (a)(8), by striking ‘‘ap17 pointed and supervised by the Director’’ and in18 serting ‘‘appointed by the Board and supervised 

19 by the Chairperson’’; 

20 (B) in subsection (b), by striking ‘‘Direc21 tor’’ and inserting ‘‘Board’’; and 

22 (C) in subsection (c)— 

23 (i) in paragraph (2)(A), by striking 

24 ‘‘Director’’ and inserting ‘‘Board’’; and 


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1 (ii) in paragraph (4), by striking ‘‘the 

2 Director’’ each place that term appears 

3 and inserting ‘‘any member of the Board’’; 

4 (3) in section 1013 (12 U.S.C. 5493)— 

5 (A) in subsections (a), (b), (d), and (e), by 

6 striking ‘‘Director’’ each place that term ap7 pears and inserting ‘‘Board’’; 

8 (B) in subsection (c)— 

9 (i) in paragraphs (1) and (2), by 

10 striking ‘‘Director’’ each place that term 

11 appears and inserting ‘‘Board’’; and 

12 (ii) in paragraph (3)— 

13 (I) by striking ‘‘Assistant Direc14 tor’’ each place that term appears and 

15 inserting ‘‘Head of Office’’; and 

16 (II) by striking ‘‘the Director’’ 

17 each place that term appears and in18 serting ‘‘the Board’’; 

19 (C) in subsection (g)— 

20 (i) in paragraph (1), by striking ‘‘Di21 rector’’ and inserting ‘‘Board’’; and 

22 (ii) in paragraph (2)— 

23 (I) in the paragraph heading, by 

24 striking ‘‘ASSISTANT DIRECTOR’’ and 


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1 inserting ‘‘HEAD OF THE OFFICE’’; 

2 and 

3 (II) by striking ‘‘an assistant di4 rector’’ and inserting ‘‘the Head of 

5 the Office of Financial Protection for 

6 Older Americans’’; 

7 (4) in section 1014 (12 U.S.C. 5494), by strik8 ing ‘‘Director’’ each place that term appears and in9 serting ‘‘Board’’; 

10 (5) in section 1016(a) (12 U.S.C. 5496(a)), by 

11 striking ‘‘Director of the Bureau’’ and inserting 

12 ‘‘Chairperson’’; 

13 (6) in section 1017— 

14 (A) in subsection (a)— 

15 (i) in paragraph (1), by striking ‘‘Di16 rector’’ and inserting ‘‘Board’’; 

17 (ii) in paragraph (4)— 

18 (I) in subparagraph (A)— 

19 (aa) by striking ‘‘Director 

20 shall’’ and inserting ‘‘Board 

21 shall’’; 

22 (bb) by striking ‘‘Director,’’ 

23 and inserting ‘‘Board,’’; and 


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1 (cc) by striking ‘‘Director 

2 in’’ each place that term appears 

3 and inserting ‘‘Board in’’; 

4 (II) in subparagraph (D), by 

5 striking ‘‘Director’’ and inserting 

6 ‘‘Board’’; and 

7 (III) in subparagraph (E), by 

8 striking ‘‘Director to’’ and inserting 

9 ‘‘Board to’’; and 

10 (iii) in paragraph (5)(C), by striking 

11 ‘‘Director of the Bureau’’ and inserting 

12 ‘‘Chairperson’’; 

13 (B) in subsection (c)(1)— 

14 (i) by striking ‘‘Director,’’ and insert15 ing ‘‘Board,’’; and 

16 (ii) by striking ‘‘Director and’’ and in17 serting ‘‘the members of the Board and’’; 

18 and 

19 (C) in subsection (e), by striking ‘‘Direc20 tor’’ each place that term appears and inserting 

21 ‘‘Board’’; 

22 (7) in subtitles B (12 U.S.C. 5511 et seq.), C 

23 (12 U.S.C. 5531 et seq.), and G (12 U.S.C. 5601 

24 et seq.), by striking ‘‘Director’’ each place that term 

25 appears and inserting ‘‘Board’’; 


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1 (8) in section 1061(c)(2)(C)(i) (12 U.S.C. 

2 5581(c)(2)(C)(i)), by striking ‘‘the Board’’ and in3 serting ‘‘the National Credit Union Administration 

4 Board’’; and 

5 (9) in section 1066(a) (12 U.S.C. 5586(a)), by 

6 inserting ‘‘first’’ before ‘‘Director’’. 

7 (b) FINANCIAL STABILITY ACT OF 2010.—Section 

8 111(b)(1)(D) of the Financial Stability Act of 2010 (12 

9 U.S.C. 5321(b)(1)(D)) is amended by striking ‘‘Director 

10 of the Bureau’’ and inserting ‘‘Chairperson of the Board 

11 of Directors of the Bureau’’. 

12 (c) MORTGAGE REFORM AND ANTI-PREDATORY

13 LENDING ACT.—Section 1447 of the Mortgage Reform 

14 and Anti-Predatory Lending Act (12 U.S.C. 1701p–2) is 

15 amended by striking ‘‘Director’’ each place the term ap16 pears and inserting ‘‘Board of Directors’’. 

17 (d) ELECTRONIC FUND TRANSFER ACT.—Section 

18 920(a)(4)(C) of the Electronic Fund Transfer Act (15 

19 U.S.C. 1693o–2(a)(4)(C)) is amended by striking ‘‘Direc20 tor of the Bureau’’ and inserting ‘‘Board of Directors of 

21 the Bureau’’. 

22 (e) EXPEDITED FUNDS AVAILABILITY ACT.—The 

23 Expedited Funds Availability Act (12 U.S.C. 4001 et seq.) 

24 is amended by striking ‘‘Director of the Bureau’’ each 


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1 place that term appears and inserting ‘‘Board of Directors 

2 of the Bureau’’. 

3 (f) FEDERAL DEPOSIT INSURANCE ACT.—Section 2 

4 of the Federal Deposit Insurance Act (12 U.S.C. 1812) 

5 is amended— 

6 (1) by striking ‘‘Director of the Consumer Fi7 nancial Protection Bureau’’ each place that term ap8 pears and inserting ‘‘Chairperson of the Board of 

9 Directors of the Bureau of Consumer Financial Pro10 tection’’; and 

11 (2) in subsection (d)(2), by striking ‘‘Comp12 troller or Director’’ and inserting ‘‘Comptroller or 

13 Chairperson’’. 

14 (g) FEDERAL FINANCIAL INSTITUTIONS EXAMINA15 TION COUNCIL ACT OF 1978.—Section 1004(a)(4) of the 

16 Federal Financial Institutions Examination Council Act of 

17 1978 (12 U.S.C. 3303(a)(4)) is amended by striking ‘‘Di18 rector of the Consumer Financial Protection Bureau’’ and 

19 inserting ‘‘Chairperson of the Board of Directors of the 

20 Bureau of Consumer Financial Protection’’. 

21 (h) FINANCIAL LITERACY AND EDUCATION IM22 PROVEMENT ACT.—Section 513 of the Financial Literacy 

23 and Education Improvement Act (20 U.S.C. 9702) is 

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1 pears and inserting ‘‘Chairperson of the Board of Direc2 tors’’. 

3 (i) HOME MORTGAGE DISCLOSURE ACT OF 1975.— 

4 Section 307 of the Home Mortgage Disclosure Act of 1975 

5 (12 U.S.C. 2806) is amended by striking ‘‘Director of the 

6 Bureau of Consumer’’ each place that term appears and 

7 inserting ‘‘Board of Directors of the Bureau of Con8 sumer’’. 

9 (j) INTERSTATE LAND SALES FULL DISCLOSURE

10 ACT.—The Interstate Land Sales Full Disclosure Act (15 

11 U.S.C. 1701 et seq.) is amended— 

12 (1) in section 1402(1) (15 U.S.C. 1701(1)), by 

13 striking ‘‘ ‘Director’ means the Director’’ and insert14 ing ‘‘ ‘Board’ means the Board of Directors’’; 

15 (2) by striking ‘‘Director’’ each place that term 

16 appears and inserting ‘‘Board’’; 

17 (3) in section 1403(c) (15 U.S.C. 1702(c))— 

18 (A) by striking ‘‘by him’’ and inserting ‘‘by 

19 the Board’’; and 

20 (B) by striking ‘‘he’’ and inserting ‘‘the 

21 Board’’; 

22 (4) in section 1407 (15 U.S.C. 1706)— 

23 (A) in subsection (c), by striking ‘‘he’’ and 

24 inserting ‘‘the Board’’; and 


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1 (B) in subsection (e), by striking ‘‘him’’ 

2 and inserting ‘‘the Board’’; 

3 (5) in section 1411 (15 U.S.C. 1710)— 

4 (A) in subsection (a)— 

5 (i) by striking ‘‘his findings’’ and in6 serting ‘‘its finding’’; and 

7 (ii) by striking ‘‘his recommendation’’ 

8 and inserting ‘‘a recommendation’’; and 

9 (B) in subsection (b), by striking ‘‘Sec10 retary’s order’’ and inserting ‘‘order of the 

11 Board’’; 

12 (6) in section 1415 (15 U.S.C. 1714)— 

13 (A) by striking ‘‘him’’ each place that term 

14 appears and inserting ‘‘the Board’’; 

15 (B) in subsection (a), by striking ‘‘he may, 

16 in his discretion’’ and inserting ‘‘the Board 

17 may, at the discretion of the Board’’; 

18 (C) in subsection (b), by striking ‘‘he’’ 

19 each time that term appears and inserting ‘‘the 

20 Board’’; and 

21 (D) by striking ‘‘in his discretion’’ each 

22 time that term appears and inserting ‘‘at the 

23 discretion of the Board’’; 

24 (7) in section 1416(a) (15 U.S.C. 1715(a))— 


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1 (A) by striking ‘‘of the Bureau of Con2 sumer Financial Protection’’ the first time that 

3 term appears; 

4 (B) by striking ‘‘his functions, duties, and 

5 powers’’ and inserting ‘‘the functions, duties, 

6 and powers of the Board’’; 

7 (C) by striking ‘‘his administrative law 

8 judges’’ and inserting ‘‘the administrative law 

9 judges of the Bureau of Consumer Financial 

10 Protection’’; and 

11 (D) by striking ‘‘himself’’ and inserting 

12 ‘‘the Board’’; 

13 (8)(A) in section 1418a(b)(4) (15 U.S.C. 

14 1717a(b)(4)), by striking ‘‘The Secretary’s deter15 mination or order’’ and inserting ‘‘A determination 

16 or order of the Board’’; and 

17 (B) in section 1418a(d) (15 U.S.C. 1717a(d)), 

18 by striking ‘‘the Secretary’s determination or order’’ 

19 and inserting ‘‘a determination or order of the 

20 Board’’; 

21 (9) in section 1419 (15 U.S.C. 1718)— 

22 (A) by striking ‘‘him’’ and inserting ‘‘the 

23 Board’’; 


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1 (B) by striking ‘‘his rules and regulations’’ 

2 and inserting ‘‘the rules and regulations of the 

3 Board’’; and 

4 (C) by striking ‘‘his jurisdiction’’ and in5 serting ‘‘the jurisdiction of the Bureau of Con6 sumer Financial Protection’’; and 

7 (10) in section 1420 (15 U.S.C. 1719)— 

8 (A) by inserting ‘‘or any member of the 

9 Board’’ before ‘‘in any proceeding’’; and 

10 (B) by striking ‘‘him’’ and inserting ‘‘the 

11 Board or any member of the Board’’. 

12 (k) REAL ESTATE SETTLEMENT PROCEDURES ACT

13 OF 1974.—Section 5 of the Real Estate Settlement Proce14 dures Act of 1974 (12 U.S.C. 2604) is amended— 

15 (1) by striking ‘‘Director of’’ and inserting 

16 ‘‘Board of Directors of’’; and 

17 (2) by striking ‘‘Director’’ each place that term 

18 appears and inserting ‘‘Board’’. 

19 (l) S.A.F.E. MORTGAGE LICENSING ACT OF 2008.— 

20 The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 

21 5101 et seq.) is amended— 

22 (1) in section 1503(10) (12 U.S.C. 5102(10))— 

23 (A) in the paragraph heading, by striking 

24 ‘‘DIRECTOR’’ and inserting ‘‘BOARD’’; and 


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1 (B) by striking ‘‘ ‘Director’ means the Di2 rector’’ and inserting ‘‘ ‘Board’ means the 

3 Board of Directors’’; 

4 (2) by striking ‘‘Director’’ each place that term 

5 appears and inserting ‘‘Board’’; 

6 (3) in section 1514(b)(5) (12 U.S.C. 

7 5113(b)(5)) and section 1514(c)(4)(C) (12 U.S.C. 

8 5113(c)(4)(C)), by striking ‘‘Secretary’s expenses’’ 

9 and inserting ‘‘expenses of the Board’’; 

10 (4) in the headings of section 1514(c)(1), 

11 (c)(4)(A), and (c)(5), by striking ‘‘DIRECTOR’’ and 

12 inserting ‘‘BOARD’’; and 

13 (5) in the heading of section 1514(d), by strik14 ing ‘‘DIRECTOR’’ and inserting ‘‘BOARD’’. 

15 (m) TITLE 44.—Section 3513(c) of title 44, United 

16 States Code, is amended by striking ‘‘Director of the Bu17 reau’’ and inserting ‘‘Board of Directors of the Bureau’’. 

18 (n) DEEMING OF NAME.—Any reference in a law, 

19 regulation, document, paper, or other record of the United 

20 States to the Director of the Bureau of Consumer Finan21 cial Protection shall be deemed a reference to the Board 

22 of Directors of the Bureau of Consumer Financial Protec23 tion, unless otherwise specified in this Act. 


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1 (o) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect on the later 

3 of— 

4 (1) October 1, 2016; or 

5 (2) the date on which not less than 3 persons 

6 have been confirmed by the Senate to serve as mem7 bers of the Board of Directors of the Bureau of 

8 Consumer Financial Protection. 

9 SEC. 638. (a) FINANCING OF SALES OF AGRICUL10 TURAL COMMODITIES TO CUBA.—Notwithstanding any 

11 other provision of law (other than section 908 of the Trade 

12 Sanctions Reform and Export Enhancement Act of 2000 

13 (22 U.S.C. 7207), as amended by subsection (c)), a person 

14 subject to the jurisdiction of the United States may pro15 vide payment or financing terms for sales of agricultural 

16 commodities to Cuba or an individual or entity in Cuba. 

17 (b) DEFINITIONS.—In this section: 

18 (1) AGRICULTURAL COMMODITY.—The term 

19 ‘‘agricultural commodity’’ has the meaning given the 

20 term in section 102 of the Agricultural Trade Act of 

21 1978 (7 U.S.C. 5602). 

22 (2) FINANCING.—The term ‘‘financing’’ in23 cludes any loan or extension of credit. 


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1 (c) CONFORMING AMENDMENT.—Section 908 of the 

2 Trade Sanctions Reform and Export Enhancement Act of 

3 2000 (22 U.S.C. 7207) is amended— 

4 (1) in the section heading, by striking ‘‘AND

5 FINANCING’’; 

6 (2) by striking subsection (b); 

7 (3) in subsection (a)— 

8 (A) by striking ‘‘PROHIBITION’’ and all 

9 that follows through ‘‘(1) IN GENERAL.—Not10 withstanding’’ and inserting ‘‘IN GENERAL.— 

11 Notwithstanding’’; and 

12 (B) by redesignating paragraphs (2) and 

13 (3) as subsections (b) and (c), respectively, and 

14 by moving those subsections, as so redesig15 nated, 2 ems to the left; and 

16 (4) by striking ‘‘paragraph (1)’’ each place it 

17 appears and inserting ‘‘subsection (a)’’. 

18 SEC. 639. None of the funds made available in this 

19 Act may be used, with respect to a State where marijuana 

20 is legal for recreational or medicinal purposes, to prohibit 

21 or penalize a financial institution solely because the insti22 tution provides financial services to an entity that is a 

23 manufacturer, producer, or a person that participates in 

24 any business or organized activity that— 


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1 (1) involves handling marijuana or marijuana 

2 products; and 

3 (2) engages in such activity pursuant to a law 

4 established by a State or a unit of local government. 

5 SEC. 640. (a) The Office of Personnel Management 

6 shall provide to each affected individual as defined in sub7 section (b) complimentary identity protection coverage 

8 that— 

9 (1) is not less comprehensive than the com10 plimentary identify protection coverage that the Of11 fice provided to affected individuals before the date 

12 of enactment of this Act; 

13 (2) is effective for a period of not less than 10 

14 years; and 

15 (3) includes not less than $5,000,000 in iden16 tity theft insurance. 

17 (b) DEFINITION.—In this section, the term ‘‘affected 

18 individual’’ means any individual whose personally identi19 fiable information was compromised during— 

20 (1) the data breach of personnel records of cur21 rent and former Federal employees, at a network 

22 maintained by the Department of the Interior, that 

23 was announced by the Office of Personnel Manage24 ment on June 4, 2015; or 


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1 (2) the data breach of systems of the Office of 

2 Personnel Management containing information re3 lated to the background investigations of current, 

4 former, and prospective Federal employees, and of 

5 other individuals. 

6 SEC. 641. (a) Notwithstanding any other provision 

7 of law, none of the funds appropriated or otherwise made 

8 available by this Act or any other Act may be used to im9 plement any law, regulation, or policy that prohibits or 

10 otherwise restricts travel, or any transaction incident to 

11 travel, to or from Cuba by any citizen or legal resident 

12 of the United States. 

13 (b) Any law, regulation, or policy described in sub14 section (a) shall cease to have any force or effect on and 

15 after the date of the enactment of this Act. 

16 (c) Nothing in this section limits the authority of the 

17 President to restrict travel described in subsection (a), or 

18 any transaction incident to such travel, if such restriction 

19 is important to the national security of the United States 

20 or to protect human health or welfare. 

21 SEC. 642. Section 1706(b) of the Cuban Democracy 

22 Act of 1992 (22 U.S.C. 6005(b)) is amended— 

23 (1) by striking paragraph (1); and 

24 (2) by redesignating paragraphs (2), (3), and 

25 (4) as paragraphs (1), (2), and (3), respectively. 


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1 TITLE VII 

2 GENERAL PROVISIONS—GOVERNMENT-WIDE 

3 DEPARTMENTS, AGENCIES, AND CORPORATIONS

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 701. No department, agency, or instrumentality 

6 of the United States receiving appropriated funds under 

7 this or any other Act for fiscal year 2016 shall obligate 

8 or expend any such funds, unless such department, agen9 cy, or instrumentality has in place, and will continue to 

10 administer in good faith, a written policy designed to en11 sure that all of its workplaces are free from the illegal 

12 use, possession, or distribution of controlled substances 

13 (as defined in the Controlled Substances Act (21 U.S.C. 

14 802)) by the officers and employees of such department, 

15 agency, or instrumentality. 

16 SEC. 702. Unless otherwise specifically provided, the 

17 maximum amount allowable during the current fiscal year 

18 in accordance with subsection 1343(c) of title 31, United 

19 States Code, for the purchase of any passenger motor ve20 hicle (exclusive of buses, ambulances, law enforcement ve21 hicles, protective vehicles, and undercover surveillance ve22 hicles), is hereby fixed at $19,947 except station wagons 

23 for which the maximum shall be $19,997: Provided, That 

24 these limits may be exceeded by not to exceed $7,250 for 

25 police-type vehicles: Provided further, That the limits set 


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1 forth in this section may not be exceeded by more than 

2 5 percent for electric or hybrid vehicles purchased for 

3 demonstration under the provisions of the Electric and 

4 Hybrid Vehicle Research, Development, and Demonstra5 tion Act of 1976: Provided further, That the limits set 

6 forth in this section may be exceeded by the incremental 

7 cost of clean alternative fuels vehicles acquired pursuant 

8 to Public Law 101–549 over the cost of comparable con9 ventionally fueled vehicles: Provided further, That the lim10 its set forth in this section shall not apply to any vehicle 

11 that is a commercial item and which operates on alter12 native fuel, including but not limited to electric, plug-in 

13 hybrid electric, and hydrogen fuel cell vehicles. 

14 SEC. 703. Appropriations of the executive depart15 ments and independent establishments for the current fis16 cal year available for expenses of travel, or for the ex17 penses of the activity concerned, are hereby made available 

18 for quarters allowances and cost-of-living allowances, in 

19 accordance with 5 U.S.C. 5922–5924. 

20 SEC. 704. Unless otherwise specified in law during 

21 the current fiscal year, no part of any appropriation con22 tained in this or any other Act shall be used to pay the 

23 compensation of any officer or employee of the Govern24 ment of the United States (including any agency the ma25 jority of the stock of which is owned by the Government 


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1 of the United States) whose post of duty is in the conti2 nental United States unless such person: (1) is a citizen 

3 of the United States; (2) is a person who is lawfully admit4 ted for permanent residence and is seeking citizenship as 

5 outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who 

6 is admitted as a refugee under 8 U.S.C. 1157 or is grant7 ed asylum under 8 U.S.C. 1158 and has filed a declaration 

8 of intention to become a lawful permanent resident and 

9 then a citizen when eligible; or (4) is a person who owes 

10 allegiance to the United States: Provided, That for pur11 poses of this section, affidavits signed by any such person 

12 shall be considered prima facie evidence that the require13 ments of this section with respect to his or her status are 

14 being complied with: Provided further, That for purposes 

15 of subsections (2) and (3) such affidavits shall be sub16 mitted prior to employment and updated thereafter as nec17 essary: Provided further, That any person making a false 

18 affidavit shall be guilty of a felony, and upon conviction, 

19 shall be fined no more than $4,000 or imprisoned for not 

20 more than 1 year, or both: Provided further, That the 

21 above penal clause shall be in addition to, and not in sub22 stitution for, any other provisions of existing law: Provided 

23 further, That any payment made to any officer or em24 ployee contrary to the provisions of this section shall be 

25 recoverable in action by the Federal Government: Provided 


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1 further, That this section shall not apply to any person 

2 who is an officer or employee of the Government of the 

3 United States on the date of enactment of this Act, or 

4 to international broadcasters employed by the Broad5 casting Board of Governors, or to temporary employment 

6 of translators, or to temporary employment in the field 

7 service (not to exceed 60 days) as a result of emergencies: 

8 Provided further, That this section does not apply to the 

9 employment as Wildland firefighters for not more than 

10 120 days of nonresident aliens employed by the Depart11 ment of the Interior or the USDA Forest Service pursuant 

12 to an agreement with another country. 

13 SEC. 705. Appropriations available to any depart14 ment or agency during the current fiscal year for nec15 essary expenses, including maintenance or operating ex16 penses, shall also be available for payment to the General 

17 Services Administration for charges for space and services 

18 and those expenses of renovation and alteration of build19 ings and facilities which constitute public improvements 

20 performed in accordance with the Public Buildings Act of 

21 1959 (73 Stat. 479), the Public Buildings Amendments 

22 of 1972 (86 Stat. 216), or other applicable law. 

23 SEC. 706. In addition to funds provided in this or 

24 any other Act, all Federal agencies are authorized to re25 ceive and use funds resulting from the sale of materials, 


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1 including Federal records disposed of pursuant to a 

2 records schedule recovered through recycling or waste pre3 vention programs. Such funds shall be available until ex4 pended for the following purposes: 

5 (1) Acquisition, waste reduction and prevention, 

6 and recycling programs as described in Executive 

7 Order No. 13423 (January 24, 2007), including any 

8 such programs adopted prior to the effective date of 

9 the Executive order. 

10 (2) Other Federal agency environmental man11 agement programs, including, but not limited to, the 

12 development and implementation of hazardous waste 

13 management and pollution prevention programs. 

14 (3) Other employee programs as authorized by 

15 law or as deemed appropriate by the head of the 

16 Federal agency. 

17 SEC. 707. Funds made available by this or any other 

18 Act for administrative expenses in the current fiscal year 

19 of the corporations and agencies subject to chapter 91 of 

20 title 31, United States Code, shall be available, in addition 

21 to objects for which such funds are otherwise available, 

22 for rent in the District of Columbia; services in accordance 

23 with 5 U.S.C. 3109; and the objects specified under this 

24 head, all the provisions of which shall be applicable to the 

25 expenditure of such funds unless otherwise specified in the 


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1 Act by which they are made available: Provided, That in 

2 the event any functions budgeted as administrative ex3 penses are subsequently transferred to or paid from other 

4 funds, the limitations on administrative expenses shall be 

5 correspondingly reduced. 

6 SEC. 708. No part of any appropriation contained in 

7 this or any other Act shall be available for interagency 

8 financing of boards (except Federal Executive Boards), 

9 commissions, councils, committees, or similar groups 

10 (whether or not they are interagency entities) which do 

11 not have a prior and specific statutory approval to receive 

12 financial support from more than one agency or instru13 mentality. 

14 SEC. 709. None of the funds made available pursuant 

15 to the provisions of this or any other Act shall be used 

16 to implement, administer, or enforce any regulation which 

17 has been disapproved pursuant to a joint resolution duly 

18 adopted in accordance with the applicable law of the 

19 United States. 

20 SEC. 710. During the period in which the head of 

21 any department or agency, or any other officer or civilian 

22 employee of the Federal Government appointed by the 

23 President of the United States, holds office, no funds may 

24 be obligated or expended in excess of $5,000 to furnish 

25 or redecorate the office of such department head, agency 


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1 head, officer, or employee, or to purchase furniture or 

2 make improvements for any such office, unless advance 

3 notice of such furnishing or redecoration is transmitted 

4 to the Committees on Appropriations of the House of Rep5 resentatives and the Senate. For the purposes of this sec6 tion, the term ‘‘office’’ shall include the entire suite of of7 fices assigned to the individual, as well as any other space 

8 used primarily by the individual or the use of which is 

9 directly controlled by the individual. 

10 SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec11 tion 708 of this Act, funds made available for the current 

12 fiscal year by this or any other Act shall be available for 

13 the interagency funding of national security and emer14 gency preparedness telecommunications initiatives which 

15 benefit multiple Federal departments, agencies, or enti16 ties, as provided by Executive Order No. 13618 (July 6, 

17 2012). 

18 SEC. 712. (a) None of the funds made available by 

19 this or any other Act may be obligated or expended by 

20 any department, agency, or other instrumentality of the 

21 Federal Government to pay the salaries or expenses of any 

22 individual appointed to a position of a confidential or pol23 icy-determining character that is excepted from the com24 petitive service under section 3302 of title 5, United 

25 States Code, (pursuant to schedule C of subpart C of part 


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1 213 of title 5 of the Code of Federal Regulations) unless 

2 the head of the applicable department, agency, or other 

3 instrumentality employing such schedule C individual cer4 tifies to the Director of the Office of Personnel Manage5 ment that the schedule C position occupied by the indi6 vidual was not created solely or primarily in order to detail 

7 the individual to the White House. 

8 (b) The provisions of this section shall not apply to 

9 Federal employees or members of the armed forces de10 tailed to or from an element of the intelligence community 

11 (as that term is defined under section 3(4) of the National 

12 Security Act of 1947 (50 U.S.C. 3003(4))). 

13 SEC. 713. No part of any appropriation contained in 

14 this or any other Act shall be available for the payment 

15 of the salary of any officer or employee of the Federal 

16 Government, who— 

17 (1) prohibits or prevents, or attempts or threat18 ens to prohibit or prevent, any other officer or em19 ployee of the Federal Government from having any 

20 direct oral or written communication or contact with 

21 any Member, committee, or subcommittee of the 

22 Congress in connection with any matter pertaining 

23 to the employment of such other officer or employee 

24 or pertaining to the department or agency of such 

25 other officer or employee in any way, irrespective of 


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1 whether such communication or contact is at the ini2 tiative of such other officer or employee or in re3 sponse to the request or inquiry of such Member, 

4 committee, or subcommittee; or 

5 (2) removes, suspends from duty without pay, 

6 demotes, reduces in rank, seniority, status, pay, or 

7 performance or efficiency rating, denies promotion 

8 to, relocates, reassigns, transfers, disciplines, or dis9 criminates in regard to any employment right, enti10 tlement, or benefit, or any term or condition of em11 ployment of, any other officer or employee of the 

12 Federal Government, or attempts or threatens to 

13 commit any of the foregoing actions with respect to 

14 such other officer or employee, by reason of any 

15 communication or contact of such other officer or 

16 employee with any Member, committee, or sub17 committee of the Congress as described in paragraph 

18 (1). 

19 SEC. 714. (a) None of the funds made available in 

20 this or any other Act may be obligated or expended for 

21 any employee training that— 

22 (1) does not meet identified needs for knowl23 edge, skills, and abilities bearing directly upon the 

24 performance of official duties; 


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1 (2) contains elements likely to induce high lev2 els of emotional response or psychological stress in 

3 some participants; 

4 (3) does not require prior employee notification 

5 of the content and methods to be used in the train6 ing and written end of course evaluation; 

7 (4) contains any methods or content associated 

8 with religious or quasi-religious belief systems or 

9 ‘‘new age’’ belief systems as defined in Equal Em10 ployment Opportunity Commission Notice N– 

11 915.022, dated September 2, 1988; or 

12 (5) is offensive to, or designed to change, par13 ticipants’ personal values or lifestyle outside the 

14 workplace. 

15 (b) Nothing in this section shall prohibit, restrict, or 

16 otherwise preclude an agency from conducting training 

17 bearing directly upon the performance of official duties. 

18 SEC. 715. No part of any funds appropriated in this 

19 or any other Act shall be used by an agency of the execu20 tive branch, other than for normal and recognized execu21 tive-legislative relationships, for publicity or propaganda 

22 purposes, and for the preparation, distribution or use of 

23 any kit, pamphlet, booklet, publication, radio, television, 

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1 tion pending before the Congress, except in presentation 

2 to the Congress itself. 

3 SEC. 716. None of the funds appropriated by this or 

4 any other Act may be used by an agency to provide a Fed5 eral employee’s home address to any labor organization 

6 except when the employee has authorized such disclosure 

7 or when such disclosure has been ordered by a court of 

8 competent jurisdiction. 

9 SEC. 717. None of the funds made available in this 

10 or any other Act may be used to provide any non-public 

11 information such as mailing, telephone or electronic mail12 ing lists to any person or any organization outside of the 

13 Federal Government without the approval of the Commit14 tees on Appropriations of the House of Representatives 

15 and the Senate. 

16 SEC. 718. No part of any appropriation contained in 

17 this or any other Act shall be used directly or indirectly, 

18 including by private contractor, for publicity or propa19 ganda purposes within the United States not heretofore 

20 authorized by Congress. 

21 SEC. 719. (a) In this section, the term ‘‘agency’’— 

22 (1) means an Executive agency, as defined 

23 under 5 U.S.C. 105; and 


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1 (2) includes a military department, as defined 

2 under section 102 of such title, the Postal Service, 

3 and the Postal Regulatory Commission. 

4 (b) Unless authorized in accordance with law or regu5 lations to use such time for other purposes, an employee 

6 of an agency shall use official time in an honest effort 

7 to perform official duties. An employee not under a leave 

8 system, including a Presidential appointee exempted under 

9 5 U.S.C. 6301(2), has an obligation to expend an honest 

10 effort and a reasonable proportion of such employee’s time 

11 in the performance of official duties. 

12 SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec13 tion 708 of this Act, funds made available for the current 

14 fiscal year by this or any other Act to any department 

15 or agency, which is a member of the Federal Accounting 

16 Standards Advisory Board (FASAB), shall be available to 

17 finance an appropriate share of FASAB administrative 

18 costs. 

19 SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec20 tion 708 of this Act, the head of each Executive depart21 ment and agency is hereby authorized to transfer to or 

22 reimburse ‘‘General Services Administration, Government23 wide Policy’’ with the approval of the Director of the Of24 fice of Management and Budget, funds made available for 

25 the current fiscal year by this or any other Act, including 


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1 rebates from charge card and other contracts: Provided, 

2 That these funds shall be administered by the Adminis3 trator of General Services to support Government-wide 

4 and other multi-agency financial, information technology, 

5 procurement, and other management innovations, initia6 tives, and activities, including improving coordination and 

7 reducing duplication, as approved by the Director of the 

8 Office of Management and Budget, in consultation with 

9 the appropriate interagency and multi-agency groups des10 ignated by the Director (including the President’s Man11 agement Council for overall management improvement ini12 tiatives, the Chief Financial Officers Council for financial 

13 management initiatives, the Chief Information Officers 

14 Council for information technology initiatives, the Chief 

15 Human Capital Officers Council for human capital initia16 tives, the Chief Acquisition Officers Council for procure17 ment initiatives, and the Performance Improvement Coun18 cil for performance improvement initiatives): Provided fur19 ther, That the total funds transferred or reimbursed shall 

20 not exceed $17,000,000 for Government-Wide innovations, 

21 initiatives, and activities: Provided further, That the funds 

22 transferred to or for reimbursement of ‘‘General Services 

23 Administration, Government-wide Policy’’ during fiscal 

24 year 2016 shall remain available for obligation through 

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1 fers or reimbursements may only be made after 15 days 

2 following notification of the Committees on Appropriations 

3 of the House of Representatives and the Senate by the 

4 Director of the Office of Management and Budget. 

5 SEC. 722. Notwithstanding any other provision of 

6 law, a woman may breastfeed her child at any location 

7 in a Federal building or on Federal property, if the woman 

8 and her child are otherwise authorized to be present at 

9 the location. 

10 SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec11 tion 708 of this Act, funds made available for the current 

12 fiscal year by this or any other Act shall be available for 

13 the interagency funding of specific projects, workshops, 

14 studies, and similar efforts to carry out the purposes of 

15 the National Science and Technology Council (authorized 

16 by Executive Order No. 12881), which benefit multiple 

17 Federal departments, agencies, or entities: Provided, That 

18 the Office of Management and Budget shall provide a re19 port describing the budget of and resources connected with 

20 the National Science and Technology Council to the Com21 mittees on Appropriations, the House Committee on 

22 Science and Technology, and the Senate Committee on 

23 Commerce, Science, and Transportation 90 days after en24 actment of this Act. 


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1 SEC. 724. Any request for proposals, solicitation, 

2 grant application, form, notification, press release, or 

3 other publications involving the distribution of Federal 

4 funds shall comply with any relevant requirements in part 

5 200 of title 2, Code of Federal Regulations: Provided, 

6 That this section shall apply to direct payments, formula 

7 funds, and grants received by a State receiving Federal 

8 funds. 

9 SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY

10 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 

11 the funds made available in this or any other Act may 

12 be used by any Federal agency— 

13 (1) to collect, review, or create any aggregation 

14 of data, derived from any means, that includes any 

15 personally identifiable information relating to an in16 dividual’s access to or use of any Federal Govern17 ment Internet site of the agency; or 

18 (2) to enter into any agreement with a third 

19 party (including another government agency) to col20 lect, review, or obtain any aggregation of data, de21 rived from any means, that includes any personally 

22 identifiable information relating to an individual’s 

23 access to or use of any nongovernmental Internet 

24 site. 


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1 (b) EXCEPTIONS.—The limitations established in 

2 subsection (a) shall not apply to— 

3 (1) any record of aggregate data that does not 

4 identify particular persons; 

5 (2) any voluntary submission of personally iden6 tifiable information; 

7 (3) any action taken for law enforcement, regu8 latory, or supervisory purposes, in accordance with 

9 applicable law; or 

10 (4) any action described in subsection (a)(1) 

11 that is a system security action taken by the oper12 ator of an Internet site and is necessarily incident 

13 to providing the Internet site services or to pro14 tecting the rights or property of the provider of the 

15 Internet site. 

16 (c) DEFINITIONS.—For the purposes of this section: 

17 (1) The term ‘‘regulatory’’ means agency ac18 tions to implement, interpret or enforce authorities 

19 provided in law. 

20 (2) The term ‘‘supervisory’’ means examina21 tions of the agency’s supervised institutions, includ22 ing assessing safety and soundness, overall financial 

23 condition, management practices and policies and 

24 compliance with applicable standards as provided in 

25 law. 


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1 SEC. 726. (a) None of the funds appropriated by this 

2 Act may be used to enter into or renew a contract which 

3 includes a provision providing prescription drug coverage, 

4 except where the contract also includes a provision for con5 traceptive coverage. 

6 (b) Nothing in this section shall apply to a contract 

7 with— 

8 (1) any of the following religious plans: 

9 (A) Personal Care’s HMO; and 

10 (B) OSF HealthPlans, Inc.; and 

11 (2) any existing or future plan, if the carrier 

12 for the plan objects to such coverage on the basis of 

13 religious beliefs. 

14 (c) In implementing this section, any plan that enters 

15 into or renews a contract under this section may not sub16 ject any individual to discrimination on the basis that the 

17 individual refuses to prescribe or otherwise provide for 

18 contraceptives because such activities would be contrary 

19 to the individual’s religious beliefs or moral convictions. 

20 (d) Nothing in this section shall be construed to re21 quire coverage of abortion or abortion-related services. 

22 SEC. 727. The United States is committed to ensur23 ing the health of its Olympic, Pan American, and 

24 Paralympic athletes, and supports the strict adherence to 

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1 cation, and research as performed by nationally recognized 

2 oversight authorities. 

3 SEC. 728. Notwithstanding any other provision of 

4 law, funds appropriated for official travel to Federal de5 partments and agencies may be used by such departments 

6 and agencies, if consistent with Office of Management and 

7 Budget Circular A–126 regarding official travel for Gov8 ernment personnel, to participate in the fractional aircraft 

9 ownership pilot program. 

10 SEC. 729. Notwithstanding any other provision of 

11 law, none of the funds appropriated or made available 

12 under this or any other appropriations Act may be used 

13 to implement or enforce restrictions or limitations on the 

14 Coast Guard Congressional Fellowship Program, or to im15 plement the proposed regulations of the Office of Per16 sonnel Management to add sections 300.311 through 

17 300.316 to part 300 of title 5 of the Code of Federal Reg18 ulations, published in the Federal Register, volume 68, 

19 number 174, on September 9, 2003 (relating to the detail 

20 of executive branch employees to the legislative branch). 

21 SEC. 730. Notwithstanding any other provision of 

22 law, no executive branch agency shall purchase, construct, 

23 or lease any additional facilities, except within or contig24 uous to existing locations, to be used for the purpose of 

25 conducting Federal law enforcement training without the 


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1 advance approval of the Committees on Appropriations of 

2 the House of Representatives and the Senate, except that 

3 the Federal Law Enforcement Training Center is author4 ized to obtain the temporary use of additional facilities 

5 by lease, contract, or other agreement for training which 

6 cannot be accommodated in existing Center facilities. 

7 SEC. 731. Unless otherwise authorized by existing 

8 law, none of the funds provided in this or any other Act 

9 may be used by an executive branch agency to produce 

10 any prepackaged news story intended for broadcast or dis11 tribution in the United States, unless the story includes 

12 a clear notification within the text or audio of the pre13 packaged news story that the prepackaged news story was 

14 prepared or funded by that executive branch agency. 

15 SEC. 732. None of the funds made available in this 

16 Act may be used in contravention of section 552a of title 

17 5, United States Code (popularly known as the Privacy 

18 Act), and regulations implementing that section. 

19 SEC. 733. (a) IN GENERAL.—None of the funds ap20 propriated or otherwise made available by this or any 

21 other Act may be used for any Federal Government con22 tract with any foreign incorporated entity which is treated 

23 as an inverted domestic corporation under section 835(b) 

24 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 

25 or any subsidiary of such an entity. 


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1 (b) WAIVERS.— 

2 (1) IN GENERAL.—Any Secretary shall waive 

3 subsection (a) with respect to any Federal Govern4 ment contract under the authority of such Secretary 

5 if the Secretary determines that the waiver is re6 quired in the interest of national security. 

7 (2) REPORT TO CONGRESS.—Any Secretary 

8 issuing a waiver under paragraph (1) shall report 

9 such issuance to Congress. 

10 (c) EXCEPTION.—This section shall not apply to any 

11 Federal Government contract entered into before the date 

12 of the enactment of this Act, or to any task order issued 

13 pursuant to such contract. 

14 SEC. 734. During fiscal year 2016, for each employee 

15 who— 

16 (1) retires under section 8336(d)(2) or 

17 8414(b)(1)(B) of title 5, United States Code; or 

18 (2) retires under any other provision of sub19 chapter III of chapter 83 or chapter 84 of such title 

20 5 and receives a payment as an incentive to sepa21 rate, the separating agency shall remit to the Civil 

22 Service Retirement and Disability Fund an amount 

23 equal to the Office of Personnel Management’s aver24 age unit cost of processing a retirement claim for 

25 the preceding fiscal year. Such amounts shall be 


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1 available until expended to the Office of Personnel 

2 Management and shall be deemed to be an adminis3 trative expense under section 8348(a)(1)(B) of title 

4 5, United States Code. 

5 SEC. 735. (a) None of the funds made available in 

6 this or any other Act may be used to recommend or re7 quire any entity submitting an offer for a Federal contract 

8 to disclose any of the following information as a condition 

9 of submitting the offer: 

10 (1) Any payment consisting of a contribution, 

11 expenditure, independent expenditure, or disburse12 ment for an electioneering communication that is 

13 made by the entity, its officers or directors, or any 

14 of its affiliates or subsidiaries to a candidate for 

15 election for Federal office or to a political com16 mittee, or that is otherwise made with respect to any 

17 election for Federal office. 

18 (2) Any disbursement of funds (other than a 

19 payment described in paragraph (1)) made by the 

20 entity, its officers or directors, or any of its affiliates 

21 or subsidiaries to any person with the intent or the 

22 reasonable expectation that the person will use the 

23 funds to make a payment described in paragraph 

24 (1). 


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1 (b) In this section, each of the terms ‘‘contribution’’, 

2 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election3 eering communication’’, ‘‘candidate’’, ‘‘election’’, and 

4 ‘‘Federal office’’ has the meaning given such term in the 

5 Federal Election Campaign Act of 1971 (2 U.S.C. 431 

6 et seq.). 

7 SEC. 736. None of the funds made available in this 

8 or any other Act may be used to pay for the painting of 

9 a portrait of an officer or employee of the Federal govern10 ment, including the President, the Vice President, a mem11 ber of Congress (including a Delegate or a Resident Com12 missioner to Congress), the head of an executive branch 

13 agency (as defined in section 133 of title 41, United States 

14 Code), or the head of an office of the legislative branch. 

15 SEC. 737. (a)(1) Notwithstanding any other provision 

16 of law, and except as otherwise provided in this section, 

17 no part of any of the funds appropriated for fiscal year 

18 2016, by this or any other Act, may be used to pay any 

19 prevailing rate employee described in section 

20 5342(a)(2)(A) of title 5, United States Code— 

21 (A) during the period from the date of expira22 tion of the limitation imposed by the comparable sec23 tion for the previous fiscal years until the normal ef24 fective date of the applicable wage survey adjust25 ment that is to take effect in fiscal year 2016, in an 


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1 amount that exceeds the rate payable for the appli2 cable grade and step of the applicable wage schedule 

3 in accordance with such section; and 

4 (B) during the period consisting of the remain5 der of fiscal year 2016, in an amount that exceeds, 

6 as a result of a wage survey adjustment, the rate 

7 payable under subparagraph (A) by more than the 

8 sum of— 

9 (i) the percentage adjustment taking effect 

10 in fiscal year 2016 under section 5303 of title 

11 5, United States Code, in the rates of pay 

12 under the General Schedule; and 

13 (ii) the difference between the overall aver14 age percentage of the locality-based com15 parability payments taking effect in fiscal year 

16 2016 under section 5304 of such title (whether 

17 by adjustment or otherwise), and the overall av18 erage percentage of such payments which was 

19 effective in the previous fiscal year under such 

20 section. 

21 (2) Notwithstanding any other provision of law, no 

22 prevailing rate employee described in subparagraph (B) or 

23 (C) of section 5342(a)(2) of title 5, United States Code, 

24 and no employee covered by section 5348 of such title, 

25 may be paid during the periods for which paragraph (1) 


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1 is in effect at a rate that exceeds the rates that would 

2 be payable under paragraph (1) were paragraph (1) appli3 cable to such employee. 

4 (3) For the purposes of this subsection, the rates pay5 able to an employee who is covered by this subsection and 

6 who is paid from a schedule not in existence on September 

7 30, 2015, shall be determined under regulations pre8 scribed by the Office of Personnel Management. 

9 (4) Notwithstanding any other provision of law, rates 

10 of premium pay for employees subject to this subsection 

11 may not be changed from the rates in effect on September 

12 30, 2015, except to the extent determined by the Office 

13 of Personnel Management to be consistent with the pur14 pose of this subsection. 

15 (5) This subsection shall apply with respect to pay 

16 for service performed after September 30, 2015. 

17 (6) For the purpose of administering any provision 

18 of law (including any rule or regulation that provides pre19 mium pay, retirement, life insurance, or any other em20 ployee benefit) that requires any deduction or contribu21 tion, or that imposes any requirement or limitation on the 

22 basis of a rate of salary or basic pay, the rate of salary 

23 or basic pay payable after the application of this sub24 section shall be treated as the rate of salary or basic pay. 


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1 (7) Nothing in this subsection shall be considered to 

2 permit or require the payment to any employee covered 

3 by this subsection at a rate in excess of the rate that would 

4 be payable were this subsection not in effect. 

5 (8) The Office of Personnel Management may provide 

6 for exceptions to the limitations imposed by this sub7 section if the Office determines that such exceptions are 

8 necessary to ensure the recruitment or retention of quali9 fied employees. 

10 (b) Notwithstanding subsection (a), the adjustment 

11 in rates of basic pay for the statutory pay systems that 

12 take place in fiscal year 2016 under sections 5344 and 

13 5348 of title 5, United States Code, shall be— 

14 (1) not less than the percentage received by em15 ployees in the same location whose rates of basic pay 

16 are adjusted pursuant to the statutory pay systems 

17 under sections 5303 and 5304 of title 5, United 

18 States Code: Provided, That prevailing rate employ19 ees at locations where there are no employees whose 

20 pay is increased pursuant to sections 5303 and 5304 

21 of title 5, United States Code, and prevailing rate 

22 employees described in section 5343(a)(5) of title 5, 

23 United States Code, shall be considered to be located 

24 in the pay locality designated as ‘‘Rest of United 


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1 States’’ pursuant to section 5304 of title 5, United 

2 States Code, for purposes of this subsection; and 

3 (2) effective as of the first day of the first ap4 plicable pay period beginning after September 30, 

5 2015. 

6 SEC. 738. (a) The Vice President may not receive a 

7 pay raise in calendar year 2016, notwithstanding the rate 

8 adjustment made under section 104 of title 3, United 

9 States Code, or any other provision of law. 

10 (b) An employee serving in an Executive Schedule po11 sition, or in a position for which the rate of pay is fixed 

12 by statute at an Executive Schedule rate, may not receive 

13 a pay rate increase in calendar year 2016, notwith14 standing schedule adjustments made under section 5318 

15 of title 5, United States Code, or any other provision of 

16 law, except as provided in subsection (g), (h), or (i). This 

17 subsection applies only to employees who are holding a po18 sition under a political appointment. 

19 (c) A chief of mission or ambassador at large may 

20 not receive a pay rate increase in calendar year 2016, not21 withstanding section 401 of the Foreign Service Act of 

22 1980 (Public Law 96–465) or any other provision of law, 

23 except as provided in subsection (g), (h), or (i). 

24 (d) Notwithstanding sections 5382 and 5383 of title 

25 5, United States Code, a pay rate increase may not be 


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1 received in calendar year 2016 (except as provided in sub2 section (g), (h), or (i)) by— 

3 (1) a noncareer appointee in the Senior Execu4 tive Service paid a rate of basic pay at or above level 

5 IV of the Executive Schedule; or 

6 (2) a limited term appointee or limited emer7 gency appointee in the Senior Executive Service 

8 serving under a political appointment and paid a 

9 rate of basic pay at or above level IV of the Execu10 tive Schedule. 

11 (e) Any employee paid a rate of basic pay (including 

12 any locality-based payments under section 5304 of title 

13 5, United States Code, or similar authority) at or above 

14 level IV of the Executive Schedule who serves under a po15 litical appointment may not receive a pay rate increase 

16 in calendar year 2016, notwithstanding any other provi17 sion of law, except as provided in subsection (g), (h), or 

18 (i). This subsection does not apply to employees in the 

19 General Schedule pay system or the Foreign Service pay 

20 system, or to employees appointed under section 3161 of 

21 title 5, United States Code, or to employees in another 

22 pay system whose position would be classified at GS–15 

23 or below if chapter 51 of title 5, United States Code, ap24 plied to them. 


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1 (f) Nothing in subsections (b) through (e) shall pre2 vent employees who do not serve under a political appoint3 ment from receiving pay increases as otherwise provided 

4 under applicable law. 

5 (g) A career appointee in the Senior Executive Serv6 ice who receives a Presidential appointment and who 

7 makes an election to retain Senior Executive Service basic 

8 pay entitlements under section 3392 of title 5, United 

9 States Code, is not subject to this section. 

10 (h) A member of the Senior Foreign Service who re11 ceives a Presidential appointment to any position in the 

12 executive branch and who makes an election to retain Sen13 ior Foreign Service pay entitlements under section 302(b) 

14 of the Foreign Service Act of 1980 (Public Law 96–465) 

15 is not subject to this section. 

16 (i) Notwithstanding subsections (b) through (e), an 

17 employee in a covered position may receive a pay rate in18 crease upon an authorized movement to a different cov19 ered position with higher-level duties and a pre-established 

20 higher level or range of pay, except that any such increase 

21 must be based on the rates of pay and applicable pay limi22 tations in effect on December 31, 2013. 

23 (j) Notwithstanding any other provision of law, for 

24 an individual who is newly appointed to a covered position 

25 during the period of time subject to this section, the initial 


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1 pay rate shall be based on the rates of pay and applicable 

2 pay limitations in effect on December 31, 2013. 

3 (k) If an employee affected by subsections (b) 

4 through (e) is subject to a biweekly pay period that begins 

5 in calendar year 2016 but ends in calendar year 2017, 

6 the bar on the employee’s receipt of pay rate increases 

7 shall apply through the end of that pay period. 

8 SEC. 739. (a) The head of any Executive branch de9 partment, agency, board, commission, or office funded by 

10 this or any other appropriations Act shall submit annual 

11 reports to the Inspector General or senior ethics official 

12 for any entity without an Inspector General, regarding the 

13 costs and contracting procedures related to each con14 ference held by any such department, agency, board, com15 mission, or office during fiscal year 2016 for which the 

16 cost to the United States Government was more than 

17 $100,000. 

18 (b) Each report submitted shall include, for each con19 ference described in subsection (a) held during the applica20 ble period— 

21 (1) a description of its purpose; 

22 (2) the number of participants attending; 

23 (3) a detailed statement of the costs to the 

24 United States Government, including— 

25 (A) the cost of any food or beverages; 


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1 (B) the cost of any audio-visual services; 

2 (C) the cost of employee or contractor 

3 travel to and from the conference; and 

4 (D) a discussion of the methodology used 

5 to determine which costs relate to the con6 ference; and 

7 (4) a description of the contracting procedures 

8 used including— 

9 (A) whether contracts were awarded on a 

10 competitive basis; and 

11 (B) a discussion of any cost comparison 

12 conducted by the departmental component or 

13 office in evaluating potential contractors for the 

14 conference. 

15 (c) Within 15 days of the date of a conference held 

16 by any Executive branch department, agency, board, com17 mission, or office funded by this or any other appropria18 tions Act during fiscal year 2016 for which the cost to 

19 the United States Government was more than $20,000, 

20 the head of any such department, agency, board, commis21 sion, or office shall notify the Inspector General or senior 

22 ethics official for any entity without an Inspector General, 

23 of the date, location, and number of employees attending 

24 such conference. 


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1 (d) A grant or contract funded by amounts appro2 priated by this or any other appropriations Act may not 

3 be used for the purpose of defraying the costs of a con4 ference described in subsection (c) that is not directly and 

5 programmatically related to the purpose for which the 

6 grant or contract was awarded, such as a conference held 

7 in connection with planning, training, assessment, review, 

8 or other routine purposes related to a project funded by 

9 the grant or contract. 

10 (e) None of the funds made available in this or any 

11 other appropriations Act may be used for travel and con12 ference activities that are not in compliance with Office 

13 of Management and Budget Memorandum M–12–12 

14 dated May 11, 2012. 

15 SEC. 740. None of the funds made available in this 

16 or any other appropriations Act may be used to increase, 

17 eliminate, or reduce funding for a program, project, or ac18 tivity as proposed in the President’s budget request for 

19 a fiscal year until such proposed change is subsequently 

20 enacted in an appropriation Act, or unless such change 

21 is made pursuant to the reprogramming or transfer provi22 sions of this or any other appropriations Act. 

23 SEC. 741. None of the funds made available by this 

24 or any other Act may be used to implement, administer, 

25 enforce, or apply the rule entitled ‘‘Competitive Area’’ 


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1 published by the Office of Personnel Management in the 

2 Federal Register on April 15, 2008 (73 Fed. Reg. 20180 

3 et seq.). 

4 SEC. 742. None of the funds appropriated or other5 wise made available by this or any other Act may be used 

6 to begin or announce a study or public-private competition 

7 regarding the conversion to contractor performance of any 

8 function performed by Federal employees pursuant to Of9 fice of Management and Budget Circular A–76 or any 

10 other administrative regulation, directive, or policy. 

11 SEC. 743. (a) None of the funds appropriated or oth12 erwise made available by this or any other Act may be 

13 available for a contract, grant, or cooperative agreement 

14 with an entity that requires employees or contractors of 

15 such entity seeking to report fraud, waste, or abuse to sign 

16 internal confidentiality agreements or statements prohib17 iting or otherwise restricting such employees or contrac18 tors from lawfully reporting such waste, fraud, or abuse 

19 to a designated investigative or law enforcement represent20 ative of a Federal department or agency authorized to re21 ceive such information. 

22 (b) The limitation in subsection (a) shall not con23 travene requirements applicable to Standard Form 312, 

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1 ment or agency governing the nondisclosure of classified 

2 information. 

3 SEC. 744. None of the funds made available by this 

4 or any other Act may be used to enter into a contract, 

5 memorandum of understanding, or cooperative agreement 

6 with, make a grant to, or provide a loan or loan guarantee 

7 to, any corporation that has any unpaid Federal tax liabil8 ity that has been assessed, for which all judicial and ad9 ministrative remedies have been exhausted or have lapsed, 

10 and that is not being paid in a timely manner pursuant 

11 to an agreement with the authority responsible for col12 lecting the tax liability, where the awarding agency is 

13 aware of the unpaid tax liability, unless a Federal agency 

14 has considered suspension or debarment of the corporation 

15 and has made a determination that this further action is 

16 not necessary to protect the interests of the Government. 

17 SEC. 745. None of the funds made available by this 

18 or any other Act may be used to enter into a contract, 

19 memorandum of understanding, or cooperative agreement 

20 with, make a grant to, or provide a loan or loan guarantee 

21 to, any corporation that was convicted of a felony criminal 

22 violation under any Federal law within the preceding 24 

23 months, where the awarding agency is aware of the convic24 tion, unless a Federal agency has considered suspension 

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1 mination that this further action is not necessary to pro2 tect the interests of the Government. 

3 SEC. 746. (a) No funds appropriated in this or any 

4 other Act may be used to implement or enforce the agree5 ments in Standard Forms 312 and 4414 of the Govern6 ment or any other nondisclosure policy, form, or agree7 ment if such policy, form, or agreement does not contain 

8 the following provisions: ‘‘These provisions are consistent 

9 with and do not supersede, conflict with, or otherwise alter 

10 the employee obligations, rights, or liabilities created by 

11 existing statute or Executive order relating to (1) classi12 fied information, (2) communications to Congress, (3) the 

13 reporting to an Inspector General of a violation of any 

14 law, rule, or regulation, or mismanagement, a gross waste 

15 of funds, an abuse of authority, or a substantial and spe16 cific danger to public health or safety, or (4) any other 

17 whistleblower protection. The definitions, requirements, 

18 obligations, rights, sanctions, and liabilities created by 

19 controlling Executive orders and statutory provisions are 

20 incorporated into this agreement and are controlling.’’: 

21 Provided, That notwithstanding the preceding provision of 

22 this section, a nondisclosure policy form or agreement that 

23 is to be executed by a person connected with the conduct 

24 of an intelligence or intelligence-related activity, other 

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1 ment, may contain provisions appropriate to the particular 

2 activity for which such document is to be used. Such form 

3 or agreement shall, at a minimum, require that the person 

4 will not disclose any classified information received in the 

5 course of such activity unless specifically authorized to do 

6 so by the United States Government. Such nondisclosure 

7 forms shall also make it clear that they do not bar disclo8 sures to Congress, or to an authorized official of an execu9 tive agency or the Department of Justice, that are essen10 tial to reporting a substantial violation of law. 

11 (b) A nondisclosure agreement may continue to be 

12 implemented and enforced notwithstanding subsection (a) 

13 if it complies with the requirements for such agreement 

14 that were in effect when the agreement was entered into. 

15 (c) No funds appropriated in this or any other Act 

16 may be used to implement or enforce any agreement en17 tered into during fiscal year 2014 which does not contain 

18 substantially similar language to that required in sub19 section (a). 

20 SEC. 747. None of the funds made available by this 

21 or any other Act may be used to implement, administer, 

22 carry out, modify, revise, or enforce Executive Order 

23 13690 (entitled ‘‘Establishing a Federal Flood Risk Man24 agement Standard and a Process for Further Soliciting 

25 and Considering Stakeholder Input’’). 


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1 SEC. 748. If, for fiscal year 2016, new budget author2 ity provided in appropriations Acts exceeds the discre3 tionary spending limit for any category set forth in section 

4 251(c) of the Balanced Budget and Emergency Deficit 

5 Control Act of 1985 due to estimating differences with the 

6 Congressional Budget Office, an adjustment to the discre7 tionary spending limit in such category for fiscal year 

8 2016 shall be made by the Director of the Office of Man9 agement and Budget in the amount of the excess but the 

10 total of all such adjustments shall not exceed 0.2 percent 

11 of the sum of the adjusted discretionary spending limits 

12 for all categories for that fiscal year. 

13 SEC. 749. Except as expressly provided otherwise, 

14 any reference to ‘‘this Act’’ contained in any title other 

15 than title IV or VIII shall not apply to such title IV or 

16 VIII. 

17 TITLE VIII 

18 GENERAL PROVISIONS—DISTRICT OF 

19 COLUMBIA 

20 (INCLUDING TRANSFERS OF FUNDS)

21 SEC. 801. There are appropriated from the applicable 

22 funds of the District of Columbia such sums as may be 

23 necessary for making refunds and for the payment of legal 

24 settlements or judgments that have been entered against 

25 the District of Columbia government. 


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1 SEC. 802. None of the Federal funds provided in this 

2 Act shall be used for publicity or propaganda purposes or 

3 implementation of any policy including boycott designed 

4 to support or defeat legislation pending before Congress 

5 or any State legislature. 

6 SEC. 803. (a) None of the Federal funds provided 

7 under this Act to the agencies funded by this Act, both 

8 Federal and District government agencies, that remain 

9 available for obligation or expenditure in fiscal year 2016, 

10 or provided from any accounts in the Treasury of the 

11 United States derived by the collection of fees available 

12 to the agencies funded by this Act, shall be available for 

13 obligation or expenditures for an agency through a re14 programming of funds which— 

15 (1) creates new programs; 

16 (2) eliminates a program, project, or responsi17 bility center; 

18 (3) establishes or changes allocations specifi19 cally denied, limited or increased under this Act; 

20 (4) increases funds or personnel by any means 

21 for any program, project, or responsibility center for 

22 which funds have been denied or restricted; 

23 (5) re-establishes any program or project pre24 viously deferred through reprogramming; 


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1 (6) augments any existing program, project, or 

2 responsibility center through a reprogramming of 

3 funds in excess of $3,000,000 or 10 percent, which4 ever is less; or 

5 (7) increases by 20 percent or more personnel 

6 assigned to a specific program, project or responsi7 bility center, 

8 unless prior approval is received from the Committees on 

9 Appropriations of the House of Representatives and the 

10 Senate. 

11 (b) The District of Columbia government is author12 ized to approve and execute reprogramming and transfer 

13 requests of local funds under this title through November 

14 7, 2016. 

15 SEC. 804. None of the Federal funds provided in this 

16 Act may be used by the District of Columbia to provide 

17 for salaries, expenses, or other costs associated with the 

18 offices of United States Senator or United States Rep19 resentative under section 4(d) of the District of Columbia 

20 Statehood Constitutional Convention Initiatives of 1979 

21 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

22 SEC. 805. Except as otherwise provided in this sec23 tion, none of the funds made available by this Act or by 

24 any other Act may be used to provide any officer or em25 ployee of the District of Columbia with an official vehicle 


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1 unless the officer or employee uses the vehicle only in the 

2 performance of the officer’s or employee’s official duties. 

3 For purposes of this section, the term ‘‘official duties’’ 

4 does not include travel between the officer’s or employee’s 

5 residence and workplace, except in the case of— 

6 (1) an officer or employee of the Metropolitan 

7 Police Department who resides in the District of Co8 lumbia or is otherwise designated by the Chief of the 

9 Department; 

10 (2) at the discretion of the Fire Chief, an offi11 cer or employee of the District of Columbia Fire and 

12 Emergency Medical Services Department who re13 sides in the District of Columbia and is on call 24 

14 hours a day; 

15 (3) at the discretion of the Director of the De16 partment of Corrections, an officer or employee of 

17 the District of Columbia Department of Corrections 

18 who resides in the District of Columbia and is on 

19 call 24 hours a day; 

20 (4) at the discretion of the Chief Medical Ex21 aminer, an officer or employee of the Office of the 

22 Chief Medical Examiner who resides in the District 

23 of Columbia and is on call 24 hours a day; 

24 (5) at the discretion of the Director of the 

25 Homeland Security and Emergency Management 


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1 Agency, an officer or employee of the Homeland Se2 curity and Emergency Management Agency who re3 sides in the District of Columbia and is on call 24 

4 hours a day; 

5 (6) the Mayor of the District of Columbia; and 

6 (7) the Chairman of the Council of the District 

7 of Columbia. 

8 SEC. 806. (a) None of the Federal funds contained 

9 in this Act may be used by the District of Columbia Attor10 ney General or any other officer or entity of the District 

11 government to provide assistance for any petition drive or 

12 civil action which seeks to require Congress to provide for 

13 voting representation in Congress for the District of Co14 lumbia. 

15 (b) Nothing in this section bars the District of Co16 lumbia Attorney General from reviewing or commenting 

17 on briefs in private lawsuits, or from consulting with offi18 cials of the District government regarding such lawsuits. 

19 SEC. 807. None of the Federal funds contained in 

20 this Act may be used to distribute any needle or syringe 

21 for the purpose of preventing the spread of blood borne 

22 pathogens in any location that has been determined by the 

23 local public health or local law enforcement authorities to 

24 be inappropriate for such distribution. 


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1 SEC. 808. Nothing in this Act may be construed to 

2 prevent the Council or Mayor of the District of Columbia 

3 from addressing the issue of the provision of contraceptive 

4 coverage by health insurance plans, but it is the intent 

5 of Congress that any legislation enacted on such issue 

6 should include a ‘‘conscience clause’’ which provides excep7 tions for religious beliefs and moral convictions. 

8 SEC. 809. None of the Federal funds appropriated 

9 under this Act shall be expended for any abortion except 

10 where the life of the mother would be endangered if the 

11 fetus were carried to term or where the pregnancy is the 

12 result of an act of rape or incest. 

13 SEC. 810. (a) No later than 30 calendar days after 

14 the date of the enactment of this Act, the Chief Financial 

15 Officer for the District of Columbia shall submit to the 

16 appropriate committees of Congress, the Mayor, and the 

17 Council of the District of Columbia, a revised appropriated 

18 funds operating budget in the format of the budget that 

19 the District of Columbia government submitted pursuant 

20 to section 442 of the District of Columbia Home Rule Act 

21 (D.C. Official Code, sec. 1–204.42), for all agencies of the 

22 District of Columbia government for fiscal year 2016 that 

23 is in the total amount of the approved appropriation and 

24 that realigns all budgeted data for personal services and 


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1 other-than-personal services, respectively, with anticipated 

2 actual expenditures. 

3 (b) This section shall apply only to an agency for 

4 which the Chief Financial Officer for the District of Co5 lumbia certifies that a reallocation is required to address 

6 unanticipated changes in program requirements. 

7 SEC. 811. No later than 30 calendar days after the 

8 date of the enactment of this Act, the Chief Financial Offi9 cer for the District of Columbia shall submit to the appro10 priate committees of Congress, the Mayor, and the Council 

11 for the District of Columbia, a revised appropriated funds 

12 operating budget for the District of Columbia Public 

13 Schools that aligns schools budgets to actual enrollment. 

14 The revised appropriated funds budget shall be in the for15 mat of the budget that the District of Columbia govern16 ment submitted pursuant to section 442 of the District 

17 of Columbia Home Rule Act (D.C. Official Code, sec. 1– 

18 204.42). 

19 SEC. 812. (a) Amounts appropriated in this Act as 

20 operating funds may be transferred to the District of Co21 lumbia’s enterprise and capital funds and such amounts, 

22 once transferred, shall retain appropriation authority con23 sistent with the provisions of this Act. 

24 (b) The District of Columbia government is author25 ized to reprogram or transfer for operating expenses any 


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1 local funds transferred or reprogrammed in this or the 

2 four prior fiscal years from operating funds to capital 

3 funds, and such amounts, once transferred or repro4 grammed, shall retain appropriation authority consistent 

5 with the provisions of this Act. 

6 (c) The District of Columbia government may not 

7 transfer or reprogram for operating expenses any funds 

8 derived from bonds, notes, or other obligations issued for 

9 capital projects. 

10 SEC. 813. None of the Federal funds appropriated 

11 in this Act shall remain available for obligation beyond 

12 the current fiscal year, nor may any be transferred to 

13 other appropriations, unless expressly so provided herein. 

14 SEC. 814. Except as otherwise specifically provided 

15 by law or under this Act, not to exceed 50 percent of unob16 ligated balances remaining available at the end of fiscal 

17 year 2016 from appropriations of Federal funds made 

18 available for salaries and expenses for fiscal year 2016 in 

19 this Act, shall remain available through September 30, 

20 2017, for each such account for the purposes authorized: 

21 Provided, That a request shall be submitted to the Com22 mittees on Appropriations of the House of Representatives 

23 and the Senate for approval prior to the expenditure of 

24 such funds: Provided further, That these requests shall be 


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1 made in compliance with reprogramming guidelines out2 lined in section 803 of this Act. 

3 SEC. 815. (a) During fiscal year 2017, during a pe4 riod in which neither a District of Columbia continuing 

5 resolution or a regular District of Columbia appropriation 

6 bill is in effect, local funds are appropriated in the amount 

7 provided for any project or activity for which local funds 

8 are provided in the Fiscal Year 2017 Budget Request Act 

9 of 2016 as submitted to Congress (subject to any modi10 fications enacted by the District of Columbia as of the be11 ginning of the period during which this subsection is in 

12 effect) at the rate set forth by such Act. 

13 (b) Appropriations made by subsection (a) shall cease 

14 to be available— 

15 (1) during any period in which a District of Co16 lumbia continuing resolution for fiscal year 2017 is 

17 in effect; or 

18 (2) upon the enactment into law of the regular 

19 District of Columbia appropriation bill for fiscal year 

20 2017. 

21 (c) An appropriation made by subsection (a) is pro22 vided under the authority and conditions as provided 

23 under this Act and shall be available to the extent and 

24 in the manner that would be provided by this Act. 


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1 (d) An appropriation made by subsection (a) shall 

2 cover all obligations or expenditures incurred for such 

3 project or activity during the portion of fiscal year 2017 

4 for which this section applies to such project or activity. 

5 (e) This section shall not apply to a project or activity 

6 during any period of fiscal year 2017 if any other provi7 sion of law (other than an authorization of appropria8 tions)— 

9 (1) makes an appropriation, makes funds avail10 able, or grants authority for such project or activity 

11 to continue for such period; or 

12 (2) specifically provides that no appropriation 

13 shall be made, no funds shall be made available, or 

14 no authority shall be granted for such project or ac15 tivity to continue for such period. 

16 (f) Nothing in this section shall be construed to affect 

17 obligations of the government of the District of Columbia 

18 mandated by other law. 

19 SEC. 816. (a) This section may be cited as the ‘‘D.C. 

20 Opportunity Scholarship Program School Certification Re21 quirements Act’’. 

22 (b) Section 3007(a) of the Scholarships for Oppor23 tunity and Results Act (Public Law 112–10; 125 Stat. 

24 203) is amended— 

25 (1) in paragraph (4)— 


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1 (A) in subparagraph (E), by striking 

2 ‘‘and’’ after the semicolon; 

3 (B) in subparagraph (F), by striking the 

4 period at the end and inserting a semicolon; 

5 and 

6 (C) by adding at the end the following: 

7 ‘‘(G)(i) is provisionally or fully accredited 

8 by a national or regional accrediting agency 

9 that is recognized in the District of Columbia 

10 School Reform Act of 1995 (sec. 38– 

11 1802.02(16)(A)–(G), D.C. Official Code) or any 

12 other accrediting body deemed appropriate by 

13 the Office of the State Superintendent for 

14 Schools for the purposes of accrediting an ele15 mentary or secondary school; or 

16 ‘‘(ii) in the case of a school that is a 

17 participating school as of the day before 

18 the date of enactment of the D.C. Oppor19 tunity Scholarship Program School Certifi20 cation Requirements Act and, as of such 

21 day, does not meet the requirements of 

22 clause (i)— 

23 ‘‘(I) by not later than 1 year 

24 after such date of enactment, is pur25 suing accreditation by a national or 


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1 regional accrediting agency recognized 

2 in the District of Columbia School Re3 form Act of 1995 (sec. 38– 

4 1802.02(16)(A)–(G), D.C. Official 

5 Code) or any other accrediting body 

6 deemed appropriate by the Office of 

7 the State Superintendent for Schools 

8 for the purposes of accrediting an ele9 mentary or secondary school; and 

10 ‘‘(II) by not later than 5 years 

11 after such date of enactment, is provi12 sionally or fully accredited by such ac13 crediting agency, except that an eligi14 ble entity may grant not more than 

15 one 1-year extension to meet this re16 quirement for each participating 

17 school that provides evidence to the el18 igible entity from such accrediting 

19 agency that the school’s application 

20 for accreditation is in process and the 

21 school will be awarded accreditation 

22 before the end of the 1-year extension 

23 period; 


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1 ‘‘(H) conducts criminal background checks 

2 on school employees who have direct and unsu3 pervised interaction with students; and 

4 ‘‘(I) complies with all requests for data 

5 and information regarding the reporting re6 quirements described in section 3010.’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(5) NEW PARTICIPATING SCHOOLS.—If a 

9 school is not a participating school as of the date of 

10 enactment of the D.C. Opportunity Scholarship Pro11 gram School Certification Requirements Act, the 

12 school shall not become a participating school and 

13 none of the funds provided under this division for 

14 opportunity scholarships may be used by an eligible 

15 student to enroll in that school unless the school— 

16 ‘‘(A) is actively pursuing provisional or full 

17 accreditation by a national or regional accred18 iting agency that is recognized in the District of 

19 Columbia School Reform Act of 1995 (sec. 38– 

20 1802.02(16)(A)–(G), D.C. Official Code) or any 

21 other accrediting body deemed appropriate by 

22 the Office of the State Superintendent for 

23 Schools for the purposes of accrediting an ele24 mentary or secondary school; and 


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1 ‘‘(B) meets all of the other requirements 

2 for participating schools under this Act. 

3 ‘‘(6) ENROLLING IN ANOTHER SCHOOL.—An el4 igible entity shall assist the parents of a partici5 pating eligible student in identifying, applying to, 

6 and enrolling in an another participating school for 

7 which opportunity scholarship funds may be used, 

8 if— 

9 ‘‘(A) such student is enrolled in a partici10 pating private school and may no longer use op11 portunity scholarship funds for enrollment in 

12 that participating private school because such 

13 school fails to meet a requirement under para14 graph 4, or any other requirement of this Act; 

15 or 

16 ‘‘(B) a participating eligible student is en17 rolled in a school that ceases to be a partici18 pating school.’’. 

19 (c) REPORT TO ELIGIBLE ENTITIES.—Section 3010 

20 of the Scholarships for Opportunity and Results Act (Pub21 lic Law 112–10; 125 Stat. 203) is further amended— 

22 (1) by redesignating subsection (d) as sub23 section (e); and 

24 (2) by inserting after subsection (c) the fol25 lowing: 


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1 ‘‘(d) REPORTS TO ELIGIBLE ENTITIES.—The eligible 

2 entity receiving funds under section 3004(a) shall ensure 

3 that each participating school under this division submits 

4 to the eligible entity beginning not later than 5 years after 

5 the date of the enactment of the D.C. Opportunity Schol6 arship Program School Certification Requirements Act, a 

7 certification that the school has been awarded provisional 

8 or full accreditation, or has been granted an extension by 

9 the eligible entity in accordance with section 

10 3007(a)(4)(G).’’. 

11 (d) Unless specifically provided otherwise, this sec12 tion, and the amendments made by this section, shall take 

13 effect 1 year after the date of enactment of this Act. 

14 SEC. 817. Subparagraph (G) of section 3(c)(2) of the 

15 District of Columbia College Access Act of 1999 (Public 

16 Law 106–98), as amended, is further amended: 

17 (1) by inserting after ‘‘(G)’’, ‘‘(i) for individuals 

18 who began an undergraduate course of study prior 

19 to school year 2015–2016,’’; and 

20 (2) by inserting the following before the period 

21 at the end: ‘‘and (ii) for individuals who begin an 

22 undergraduate course of study in or after school 

23 year 2016–2017, is from a family with a taxable an24 nual income of less than $450,000. Beginning with 

25 school year 2017–2018, the Mayor shall adjust the 


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1 amounts in clauses (i) and (ii) for inflation, as meas2 ured by the percentage increase, if any, from the 

3 preceding fiscal year in the Consumer Price Index 

4 for All Urban Consumers, published by the Bureau 

5 of Labor Statistics of the Department of Labor’’. 

6 SEC. 818. Except as expressly provided otherwise, 

7 any reference to ‘‘this Act’’ contained in this title or in 

8 title IV shall be treated as referring only to the provisions 

9 of this title or of title IV. 

10 TITLE IX—FINANCIAL 

11 REGULATORY IMPROVEMENTS 

12 SEC. 901. SHORT TITLE. 

13 This title may be cited as the ‘‘Financial Regulatory 

14 Improvement Act of 2015’’. 

15 Subtitle A—Regulatory Relief and 

16 Protection of Consumer Access 

17 to Credit 

18 SEC. 902. EXCEPTION TO ANNUAL WRITTEN PRIVACY NO19 TICE REQUIREMENT UNDER THE GRAMM20 LEACH-BLILEY ACT. 

21 Section 503 of the Gramm-Leach-Bliley Act (15 

22 U.S.C. 6803) is amended by adding at the end the fol23 lowing: 

24 ‘‘(f) EXCEPTION TO ANNUAL WRITTEN NOTICE RE25 QUIREMENT.— 


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1 ‘‘(1) IN GENERAL.—A financial institution de2 scribed in paragraph (2) shall not be required to 

3 provide an annual written disclosure under this sec4 tion until such time as the financial institution fails 

5 to comply with subparagraph (A), (B), or (C) of 

6 paragraph (2). 

7 ‘‘(2) COVERED INSTITUTIONS.—A financial in8 stitution described in this paragraph is a financial 

9 institution that— 

10 ‘‘(A) provides nonpublic personal informa11 tion only in accordance with the provisions of 

12 subsection (b)(2) or (e) of section 502 or regu13 lations prescribed under section 504(b); 

14 ‘‘(B) has not changed its policies and prac15 tices with respect to disclosing nonpublic per16 sonal information from the policies and prac17 tices that were disclosed in the most recent dis18 closure sent to consumers in accordance with 

19 this section; and 

20 ‘‘(C) otherwise provides customers access 

21 to such most recent disclosure in electronic or 

22 other form permitted by regulations prescribed 

23 under section 504.’’. 


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1 SEC. 903. PRIVATELY INSURED CREDIT UNIONS AUTHOR2 IZED TO BECOME MEMBERS OF A FEDERAL 

3 HOME LOAN BANK. 

4 (a) IN GENERAL.—Section 4(a) of the Federal Home 

5 Loan Bank Act (12 U.S.C. 1424(a)) is amended by adding 

6 at the end the following: 

7 ‘‘(5) CERTAIN PRIVATELY INSURED CREDIT

8 UNIONS.— 

9 ‘‘(A) IN GENERAL.—Subject to the re10 quirements of subparagraph (B), a credit union 

11 that lacks insurance of its member accounts 

12 under Federal law shall be treated as an in13 sured depository institution for purposes of this 

14 Act. 

15 ‘‘(B) CERTIFICATION BY APPROPRIATE

16 STATE SUPERVISOR.—For purposes of this 

17 paragraph, a credit union that lacks insurance 

18 of its member accounts under Federal law and 

19 that has applied for membership in a Federal 

20 Home Loan Bank shall be treated as an in21 sured depository institution if the following has 

22 occurred: 

23 ‘‘(i) DETERMINATION BY STATE SU24 PERVISOR OF THE CREDIT UNION.— 

25 ‘‘(I) IN GENERAL.—Subject to 

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1 visor of the State in which the credit 

2 union is chartered has determined 

3 that the credit union meets all the eli4 gibility requirements under section 

5 201(a) of the Federal Credit Union 

6 Act (12 U.S.C. 1781(a)) to apply for 

7 insurance of its member accounts as 

8 of the date of the application for 

9 membership. 

10 ‘‘(II) CERTIFICATION DEEMED

11 VALID.—In the case of any credit 

12 union to which subclause (I) applies, 

13 if the appropriate supervisor of the 

14 State in which such credit union is 

15 chartered fails to make the determina16 tion required pursuant to such sub17 clause by the end of the 12-month pe18 riod beginning on the date on which 

19 the application is submitted to the su20 pervisor, the credit union shall be 

21 deemed to have met the requirements 

22 of subclause (I). 

23 ‘‘(ii) DETERMINATION BY STATE SU24 PERVISOR OF THE PRIVATE DEPOSIT IN25 SURER.—The licensing entity of the priVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 vate deposit insurer that is insuring the 

2 member accounts of the credit union— 

3 ‘‘(I) receives, on an annual basis, 

4 an independent actuarial opinion that 

5 the private insurer has set aside suffi6 cient reserves for losses; and 

7 ‘‘(II) obtains, as frequently as 

8 appropriate, but not less frequently 

9 than once every 36 months, a study 

10 by an independent actuary on the cap11 ital adequacy of the private insurer. 

12 ‘‘(iii) SUBMISSION OF FINANCIAL IN13 FORMATION.—The credit union or the ap14 propriate supervisor of the State in which 

15 the credit union is chartered makes avail16 able, and continues to make available for 

17 such time as the credit union is a member 

18 of a Federal Home Loan Bank, to the 

19 Federal Housing Finance Agency or to the 

20 Federal Home Loan Bank all reports, 

21 records, and other information related to 

22 any examination or inquiry performed by 

23 the supervisor concerning the financial 

24 condition of the credit union, as soon as is 

25 practicable. 


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1 ‘‘(C) SECURITY INTERESTS OF FEDERAL

2 HOME LOAN BANK NOT AVOIDABLE.—Notwith3 standing any provision of State law authorizing 

4 a conservator or liquidating agent of a credit 

5 union to repudiate contracts, no such provision 

6 shall apply with respect to— 

7 ‘‘(i) any extension of credit from any 

8 Federal Home Loan Bank to any credit 

9 union that is a member of any such bank 

10 pursuant to this paragraph; or 

11 ‘‘(ii) any security interest in the as12 sets of such a credit union securing any 

13 such extension of credit. 

14 ‘‘(D) PROTECTION FOR CERTAIN FEDERAL

15 HOME LOAN BANK ADVANCES.—Notwith16 standing any State law to the contrary, if a 

17 Bank makes an advance under section 10 to a 

18 State-chartered credit union that is not feder19 ally insured— 

20 ‘‘(i) the interest of the Bank in any 

21 collateral securing the advance has the 

22 same priority and is afforded the same 

23 standing and rights that the security inter24 est would have had if the advance had 


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1 been made to a federally insured credit 

2 union; and 

3 ‘‘(ii) the Bank has the same right to 

4 access such collateral that the Bank would 

5 have had if the advance had been made to 

6 a federally insured credit union.’’. 

7 (b) COPIES OF AUDITS OF PRIVATE INSURERS OF

8 CERTAIN DEPOSITORY INSTITUTIONS REQUIRED TO BE

9 PROVIDED TO SUPERVISORY AGENCIES.—Section 

10 43(a)(2)(A) of the Federal Deposit Insurance Act (12 

11 U.S.C. 1831t(a)(2)(A)) is amended— 

12 (1) in clause (i), by striking ‘‘; and’’ and insert13 ing a semicolon; 

14 (2) in clause (ii), by striking the period at the 

15 end and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(iii) in the case of depository institu18 tions described in subsection (e)(2)(A), the 

19 member accounts of which are insured by 

20 the private deposit insurer, which are 

21 members of a Federal home loan bank, to 

22 the Federal Housing Finance Agency, not 

23 later than 7 days after the audit is com24 pleted.’’. 


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1 (c) GAO REPORT.—Not later than 18 months after 

2 the date of enactment of this title, the Comptroller Gen3 eral of the United States shall conduct a study and submit 

4 to Congress a report on— 

5 (1) the adequacy of insurance reserves held by 

6 any private deposit insurer that insures the member 

7 accounts of any entity described in section 

8 43(e)(2)(A) of the Federal Deposit Insurance Act 

9 (12 U.S.C. 1831t(e)(2)(A)); and 

10 (2) for any entity described in paragraph (1), 

11 the member accounts of which are insured by a pri12 vate deposit insurer, the level of compliance with 

13 Federal regulations relating to the disclosure of a 

14 lack of Federal deposit insurance. 

15 SEC. 904. DESIGNATION OF RURAL AREA. 

16 (a) APPLICATION.—Not later than 90 days after the 

17 date of enactment of this title, the Bureau of Consumer 

18 Financial Protection shall establish an application process 

19 under which a person who lives or does business in a State 

20 may, with respect to an area identified by the person in 

21 the State that has not been designated by the Bureau of 

22 Consumer Financial Protection as a rural area for pur23 poses of a Federal consumer financial law (as defined in 

24 section 1002 of the Consumer Financial Protection Act 


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1 of 2010 (12 U.S.C. 5481)), apply for such area to be so 

2 designated. 

3 (b) EVALUATION CRITERIA.—In evaluating an appli4 cation submitted under subsection (a), the Bureau of Con5 sumer Financial Protection shall take into consideration 

6 the following factors: 

7 (1) Criteria used by the Director of the Bureau 

8 of the Census for classifying geographical areas as 

9 rural or urban. 

10 (2) Criteria used by the Director of the Office 

11 of Management and Budget to designate counties as 

12 metropolitan, micropolitan, or neither. 

13 (3) Criteria used by the Secretary of Agri14 culture to determine property eligibility for rural de15 velopment programs. 

16 (4) The Department of Agriculture rural-urban 

17 commuting area codes. 

18 (5) A written opinion provided by the State 

19 bank supervisor (as defined in section 3 of the Fed20 eral Deposit Insurance Act (12 U.S.C. 1813). 

21 (6) Population density. 

22 (c) RULE OF CONSTRUCTION.—If, at any time before 

23 the date on which an application is submitted under sub24 section (a), the area subject to review has been designated 

25 as nonrural by any Federal agency described in subsection 


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1 (b) using any of the criteria described in that subsection, 

2 the Bureau of Consumer Financial Protection shall not 

3 be required to consider such designation in its evaluation. 

4 (d) PUBLIC COMMENT PERIOD.— 

5 (1) IN GENERAL.—Not later than 60 days after 

6 the date on which an application submitted under 

7 subsection (a) is received, the Bureau of Consumer 

8 Financial Protection shall— 

9 (A) publish the application on the website 

10 of the Bureau of Consumer Financial Protec11 tion; and 

12 (B) make the application available for pub13 lic comment for not fewer than 90 days. 

14 (2) LIMITATION ON ADDITIONAL APPLICA15 TIONS.—Nothing in this section shall be construed 

16 to require the Bureau of Consumer Financial Pro17 tection, during the public comment period described 

18 in paragraph (1) with respect to an application sub19 mitted under subsection (a), to accept an additional 

20 application with respect to the area that is the sub21 ject of the initial application. 

22 (e) DECISION ON DESIGNATION.—Not later than 90 

23 days after the end of the public comment period described 

24 in subsection (d)(1), the Bureau of Consumer Financial 

25 Protection shall— 


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1 (1) grant or deny such application, in whole or 

2 in part; and 

3 (2) publish such grant or denial in the Federal 

4 Register, along with an explanation of the factors on 

5 which the Bureau of Consumer Financial Protection 

6 relied in making such decision. 

7 (f) SUBSEQUENT APPLICATIONS.—A decision by the 

8 Bureau under subsection (e) to deny an application for 

9 an area to be designated as a rural area shall not preclude 

10 the Bureau of Consumer Financial Protection from ac11 cepting a subsequent application submitted under sub12 section (a) for the area to be so designated if the subse13 quent application is submitted after the date on which the 

14 90-day period beginning on the date on which the Bureau 

15 of Consumer Financial Protection denies the application 

16 under subsection (e) expires. 

17 (g) OPERATIONS IN RURAL AREAS.—The Truth in 

18 Lending Act (15 U.S.C. 1601 et seq.) is amended— 

19 (1) in section 129C(b)(2)(E)(iv)(I) (15 U.S.C. 

20 1639c(b)(2)(E)(iv)(I)), by striking ‘‘predominantly’’; 

21 and 

22 (2) in section 129D(c)(1) (15 U.S.C. 

23 1639d(c)(1)), by striking ‘‘predominantly’’. 


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1 SEC. 905. INDEPENDENT EXAMINATION REVIEW. 

2 (a) IN GENERAL.—The Federal Financial Institu3 tions Examination Council Act of 1978 (12 U.S.C. 3301 

4 et seq.) is amended by adding at the end the following: 

5 ‘‘SEC. 1012. OFFICE OF INDEPENDENT EXAMINATION RE6 VIEW. 

7 ‘‘(a) ESTABLISHMENT.—There is established in the 

8 Council an Office of Independent Examination Review. 

9 ‘‘(b) HEAD OF OFFICE.— 

10 ‘‘(1) ESTABLISHMENT.—There is established 

11 the position of the Director as the head of the Office 

12 of Independent Examination Review, who shall be 

13 appointed by the Council for a term of 5 years. 

14 ‘‘(2) REMOVAL.— 

15 ‘‘(A) IN GENERAL.—The President may re16 move the Director from office. 

17 ‘‘(B) CONGRESSIONAL NOTIFICATION.— 

18 Not later than 30 days after the date on which 

19 the Director is removed from office under sub20 paragraph (A), the President shall submit to 

21 Congress a written notification describing the 

22 reasons for the removal. 

23 ‘‘(c) STAFFING.—The Director may hire staff to sup24 port the activities of the Office of Independent Examina25 tion Review. 

26 ‘‘(d) DUTIES.—The Director shall— 


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1 ‘‘(1) receive and, at the discretion of the Direc2 tor, investigate complaints from financial institu3 tions, representatives of financial institutions, or any 

4 other entity acting on behalf of financial institutions, 

5 concerning examinations, examination practices, or 

6 examination reports; 

7 ‘‘(2) hold meetings, not less than once every 90 

8 days and in locations designed to encourage partici9 pation from all regions of the United States, with fi10 nancial institutions, representatives of financial in11 stitutions, or any other entity acting on behalf of fi12 nancial institutions, to discuss examination proce13 dures, examination practices, or examination poli14 cies; 

15 ‘‘(3) review examination procedures of the Fed16 eral financial institutions regulatory agencies to en17 sure that the written examination policies of the 

18 agencies are being followed in practice and adhere to 

19 the standards for consistency established by the 

20 Council; 

21 ‘‘(4) conduct a continuing and regular program 

22 of examination quality assurance for all types of ex23 aminations conducted by the Federal financial insti24 tutions regulatory agencies; and 


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1 ‘‘(5) submit to the Committee on Banking, 

2 Housing, and Urban Affairs of the Senate, the Com3 mittee on Financial Services of the House of Rep4 resentatives, and the Council an annual report on 

5 the reviews carried out pursuant to paragraphs (3) 

6 and (4), including recommendations for improve7 ments in examination procedures, practices, and 

8 policies. 

9 ‘‘(e) CONFIDENTIALITY.—The Director shall keep 

10 confidential— 

11 ‘‘(1) all meetings, discussions, and information 

12 provided by financial institutions; and 

13 ‘‘(2) any confidential or privileged information 

14 provided by a Federal financial institutions regu15 latory agency. 

16 ‘‘(f) FUNDING; BUDGET.— 

17 ‘‘(1) IN GENERAL.—One-fifth of the costs and 

18 expenses of the Office of Independent Examination 

19 Review, including the salaries of its employees, shall 

20 be paid by each of the Federal financial institutions 

21 regulatory agencies, which shall be based on the 

22 budget submitted under paragraph (2). 

23 ‘‘(2) BUDGET.—Not later than April 15 of each 

24 fiscal year, the Director shall submit to the Council 


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1 a projected budget for the Office of Independent Ex2 amination Review for the following fiscal year.’’. 

3 (b) DEFINITIONS.—Section 1003 of the Federal Fi4 nancial Institutions Examination Council Act of 1978 (12 

5 U.S.C. 3302) is amended— 

6 (1) by striking paragraph (1) and inserting the 

7 following: 

8 ‘‘(1) the term ‘Federal financial institutions 

9 regulatory agencies’ means the Office of the Comp10 troller of the Currency, the Board of Governors of 

11 the Federal Reserve System, the Federal Deposit In12 surance Corporation, the National Credit Union Ad13 ministration, and the Bureau of Consumer Financial 

14 Protection;’’; 

15 (2) in paragraph (2), by striking ‘‘; and’’ and 

16 inserting a semicolon; 

17 (3) in paragraph (3), by striking the semicolon 

18 and inserting ‘‘; and’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(4) the term ‘Director’ means the Director es21 tablished under section 1012.’’. 

22 (c) FEDERAL BANKING AGENCY OMBUDSMAN.— 

23 (1) IN GENERAL.—Section 309 of the Riegle 

24 Community Development and Regulatory Improve25 ment Act of 1994 (12 U.S.C. 4806) is amended— 


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1 (A) in the first sentence of subsection (a), 

2 by inserting ‘‘, the Bureau of Consumer Finan3 cial Protection,’’ after ‘‘Federal banking agen4 cy’’; 

5 (B) in subsection (b)— 

6 (i) by redesignating paragraphs (1) 

7 and (2) as subparagraphs (A) and (B), re8 spectively, and adjusting the margins ac9 cordingly; 

10 (ii) in the matter preceding subpara11 graph (A), as so redesignated, by striking 

12 ‘‘In establishing’’ and inserting the fol13 lowing: 

14 ‘‘(1) IN GENERAL.—In establishing’’; 

15 (iii) in paragraph (1)(B), as so redes16 ignated, by striking ‘‘the appellant from 

17 retaliation by agency examiners’’ and in18 serting ‘‘the insured depository institution 

19 or insured credit union from retaliation by 

20 an agency referred to in subsection (a)’’; 

21 and 

22 (iv) by adding at the end the fol23 lowing: 

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1 ing consideration of, or withholding approval of, any 

2 request, notice, or application that otherwise would 

3 have been approved, but for the exercise of the 

4 rights of the insured depository institution or in5 sured credit union under this section.’’; and 

6 (C) in subsection (e)(2)— 

7 (i) in subparagraph (B), by striking ‘‘; 

8 and’’ and inserting a semicolon; 

9 (ii) in subparagraph (C), by striking 

10 the period at the end and inserting ‘‘; 

11 and’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(D) ensure that appropriate safeguards 

15 exist for protecting the insured depository insti16 tution or insured credit union from retaliation 

17 by any appropriate Federal banking agency for 

18 exercising the rights of the insured depository 

19 institution or insured credit union under this 

20 subsection.’’. 

21 (2) EFFECT.—Nothing in this subsection shall 

22 be construed to affect the authority of an appro23 priate Federal banking agency (as defined in section 

24 3 of the Federal Deposit Insurance Act (12 U.S.C. 

25 1813)) or the National Credit Union Administration 


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1 Board to take enforcement or other supervisory ac2 tion. 

3 (d) FEDERAL CREDIT UNION ACT.—Section 205(j) 

4 of the Federal Credit Union Act (12 U.S.C. 1785(j)) is 

5 amended by inserting ‘‘the Bureau of Consumer Financial 

6 Protection,’’ before ‘‘the Administration’’ each place that 

7 term appears. 

8 (e) FEDERAL FINANCIAL INSTITUTIONS EXAMINA9 TION COUNCIL ACT.—Section 1005 of the Federal Finan10 cial Institutions Examination Council Act of 1978 (12 

11 U.S.C. 3304) is amended by striking ‘‘One-fifth’’ and in12 serting ‘‘One-fourth’’. 

13 SEC. 906. CONFIDENTIALITY OF INFORMATION SHARED BE14 TWEEN STATE AND FEDERAL FINANCIAL 

15 SERVICES REGULATORS. 

16 Section 1512(a) of the S.A.F.E. Mortgage Licensing 

17 Act of 2008 (12 U.S.C. 5111(a)) is amended by inserting 

18 ‘‘or financial services’’ before ‘‘industry’’. 

19 SEC. 907. SAFE HARBOR FOR CERTAIN LOANS HELD IN 

20 PORTFOLIO. 

21 (a) IN GENERAL.—Section 129C of the Truth in 

22 Lending Act (15 U.S.C. 1639c) is amended by adding at 

23 the end the following: 

24 ‘‘(j) SAFE HARBOR FOR CERTAIN LOANS HELD IN

25 PORTFOLIO.— 


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1 ‘‘(1) DEFINITIONS.—In this section— 

2 ‘‘(A) the term ‘appropriate Federal bank3 ing agency’ has the meaning given that term in 

4 section 3 of the Federal Deposit Insurance Act 

5 (12 U.S.C. 1813); 

6 ‘‘(B) the term ‘depository institution’ has 

7 the meaning given that term in section 19(b)(1) 

8 of the Federal Reserve Act (12 U.S.C. 

9 461(b)(1)); and 

10 ‘‘(C) the term ‘financial institution regu11 lator’ means an appropriate Federal banking 

12 agency, the Bureau, and the National Credit 

13 Union Administration. 

14 ‘‘(2) SAFE HARBOR FOR CREDITORS.— 

15 ‘‘(A) IN GENERAL.—A creditor shall not be 

16 subject to suit for failure to comply with sub17 section (a), (c)(1), or (f)(2) of this section or 

18 section 129H with respect to a residential mort19 gage loan, and the financial institution regu20 lators shall treat such loan as a qualified mort21 gage, if— 

22 ‘‘(i)(I) the creditor has, since the 

23 origination of the loan, held the loan on 

24 the balance sheet of the creditor; or 


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1 ‘‘(II) any person acquiring the loan 

2 has continued to hold the loan on the bal3 ance sheet of the person; 

4 ‘‘(ii) the loan has not been acquired 

5 through a securitization; 

6 ‘‘(iii) all prepayment penalties with respect 

7 to the loan comply with the limitations de8 scribed in subsection (c)(3); 

9 ‘‘(iv) the loan does not have— 

10 ‘‘(I) negative amortization; 

11 ‘‘(II) interest-only features; or 

12 ‘‘(III) a loan term of more than 30 

13 years; and 

14 ‘‘(v) the creditor has documented the con15 sumer’s— 

16 ‘‘(I) income; 

17 ‘‘(II) employment; 

18 ‘‘(III) assets; and 

19 ‘‘(IV) credit history. 

20 ‘‘(B) EXCEPTION FOR CERTAIN TRANS21 FERS.—In the case of a depository institution 

22 that transfers a loan originated by that institu23 tion to another depository institution by reason 

24 of the bankruptcy or failure of the originating 

25 depository institution or the purchase of the 


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1 originating depository institution, the depository 

2 institution acquiring the loan shall be deemed 

3 to have complied with the requirement under 

4 subparagraph (A)(i).’’. 

5 (b) REVIEWING THE PORTFOLIO OF SYSTEMICALLY

6 IMPORTANT BANKS.—Section 18(o) of the Federal De7 posit Insurance Act (12 U.S.C. 1828(o)) is amended by 

8 adding at the end the following: 

9 ‘‘(5) SYSTEMICALLY IMPORTANT BANK RE10 VIEW.—The appropriate Federal banking agency 

11 shall periodically review the mortgage portfolio or 

12 targeted segments of the portfolios of a bank subject 

13 to a determination under section 113A(a) of the Fi14 nancial Stability Act of 2010 if— 

15 ‘‘(A) there is elevated risk; 

16 ‘‘(B) there is an increase in delinquency 

17 and loss rates; 

18 ‘‘(C) there are new lines of business; 

19 ‘‘(D) there are new acquisition channels; 

20 ‘‘(E) there is rapid growth; or 

21 ‘‘(F) an internal audit is inadequate.’’. 

22 (c) RULE OF CONSTRUCTION.—Nothing in the 

23 amendment made by subsection (a) shall be construed to 

24 prevent a balloon loan from qualifying for the safe harbor 

25 provided under section 129C(j) of the Truth in Lending 


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1 Act, as added by subsection (a), if the balloon loan other2 wise meets all of the requirements under subsection (j) 

3 of that section, regardless of whether the balloon loan 

4 meets the requirements described under clauses (i) 

5 through (iv) of section 129C(b)(2)(E) of that Act (12 

6 U.S.C. 129C(b)(2)(E)). 

7 SEC. 908. PROTECTING CONSUMER ACCESS TO MORTGAGE 

8 CREDIT. 

9 (a) DEFINITION OF HIGH-COST MORTGAGE.—Sec10 tion 103 of the Truth in Lending Act (15 U.S.C. 1602) 

11 is amended— 

12 (1) by redesignating subsections (aa) and (bb) 

13 as subsections (bb) and (aa), respectively, and mov14 ing subsection (bb), as so redesignated, after sub15 section (aa), as so redesignated; and 

16 (2) in subsection (aa)(4), as so redesignated— 

17 (A) in the matter preceding subparagraph 

18 (A), by striking ‘‘paragraph (1)(B)’’ and insert19 ing ‘‘paragraph (1)(A) and section 129C’’; 

20 (B) in subparagraph (C)— 

21 (i) in the matter preceding clause (i), 

22 by inserting ‘‘and insurance’’ after 

23 ‘‘taxes’’; and 

24 (ii) in clause (iii), by striking ‘‘; and’’ 

25 and inserting a semicolon; and 


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1 (C) in subparagraph (D)— 

2 (i) by striking ‘‘accident,’’; and 

3 (ii) by striking ‘‘or any payments’’ 

4 and inserting ‘‘and any payments’’. 

5 (b) RULEMAKING.—Not later than 90 days after the 

6 date of enactment of this title, the Bureau of Consumer 

7 Financial Protection shall promulgate regulations to carry 

8 out the amendments made by subsection (a)(2). 

9 (c) STUDY AND REPORT ON CONSUMER ACCESS TO

10 MORTGAGE CREDIT.— 

11 (1) STUDY REQUIRED.—The Comptroller Gen12 eral of the United States shall conduct a study to 

13 determine the effects that the Dodd-Frank Wall 

14 Street Reform and Consumer Protection Act (12 

15 U.S.C. 5301 et seq.) has had on the availability and 

16 affordability of credit for consumers, small busi17 nesses, first-time homebuyers, and mortgage lending, 

18 including the effects— 

19 (A) on the mortgage market for mortgages 

20 that are not qualified mortgages; 

21 (B) on the ability of prospective home22 buyers to obtain financing, including first-time 

23 homebuyers; 

24 (C) on the ability of homeowners facing 

25 resets or adjustments to refinance, including 


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1 whether homeowners have fewer refinancing op2 tions due to the unavailability of certain loan 

3 products that were available before the date of 

4 enactment of the Dodd-Frank Wall Street Re5 form and Consumer Protection Act (12 U.S.C. 

6 5301 et seq.); 

7 (D) on the ability of minorities to access 

8 affordable credit compared with other prospec9 tive borrowers; 

10 (E) on home sales and construction; 

11 (F) of extending any right of rescission on 

12 adjustable rate loans and the impact of the 

13 right of rescission on litigation; 

14 (G) of any State foreclosure law and the 

15 ability of investors to transfer a property after 

16 foreclosure; 

17 (H) of expanding the existing provisions of 

18 the Home Ownership and Equity Protection 

19 Act of 1994 (15 U.S.C. 1601 note and 1602 

20 note); 

21 (I) of prohibiting prepayment penalties on 

22 high-cost mortgages; 

23 (J) of establishing counseling services 

24 under the Department of Housing and Urban 


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1 Development and offered through the Office of 

2 Housing Counseling; and 

3 (K) on the differences in title insurance 

4 premiums and ancillary charges paid by low5 and moderate-income consumers to affiliates of 

6 mortgage lenders to purchase title insurance 

7 versus title insurance premiums and ancillary 

8 charges paid by low- and moderate-income con9 sumers to unaffiliated title agencies or attor10 neys to purchase title insurance in those mar11 kets in which both affiliated and unaffiliated 

12 mortgage lenders compete. 

13 (2) REPORT.—Not later than 1 year after the 

14 date of enactment of this title, the Comptroller Gen15 eral of the United States shall submit to the Com16 mittee on Banking, Housing, and Urban Affairs of 

17 the Senate and the Committee on Financial Services 

18 of the House of Representatives a report that in19 cludes— 

20 (A) the findings and conclusions of the 

21 Comptroller General with respect to the study 

22 conducted under paragraph (1); and 

23 (B) any recommendations for legislative or 

24 regulatory actions that— 


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1 (i) would enhance the access of a con2 sumer to mortgage credit; 

3 (ii) is consistent with consumer pro4 tections and safe and sound banking oper5 ations; and 

6 (iii) would address any negative ef7 fects on mortgage credit and mortgage 

8 availability identified in the study. 

9 SEC. 909. PROTECTING ACCESS TO MANUFACTURED 

10 HOMES. 

11 (a) MORTGAGE ORIGINATOR DEFINITION.—Section 

12 103 of the Truth in Lending Act (15 U.S.C. 1602) is 

13 amended— 

14 (1) by redesignating the second subsection des15 ignated as subsection (cc) and subsection (dd) as 

16 subsections (dd) and (ee), respectively; and 

17 (2) in subsection (dd)(2)(C), as so redesignated, 

18 by striking ‘‘an employee of a retailer of manufac19 tured homes who is not described in clause (i) or 

20 (iii) of subparagraph (A) and who does not advise a 

21 consumer on loan terms (including rates, fees, and 

22 other costs)’’ and inserting ‘‘a retailer of manufac23 tured or modular homes or its employees, unless 

24 such retailer or its employees receive compensation 

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1 paragraph (A) that is in excess of any compensation 

2 or gain received in a comparable cash transaction’’. 

3 (b) HIGH-COST MORTGAGE DEFINITION.—Section 

4 103(aa)(1)(A) of the Truth in Lending Act (15 U.S.C. 

5 1602(aa)(1)(A)), as redesignated by section 908(a)(1) of 

6 this title, is amended— 

7 (1) in clause (i)(I), by striking ‘‘(8.5 percentage 

8 points, if the dwelling is personal property and the 

9 transaction is for less than $50,000)’’ and inserting 

10 ‘‘(10 percentage points, if the dwelling is personal 

11 property or is a transaction that does not include 

12 the purchase of real property on which a dwelling is 

13 to be placed, and the transaction is for less than 

14 $75,000 (as such amount is adjusted by the Bureau 

15 to reflect the change in the Consumer Price 

16 Index))’’; and 

17 (2) in clause (ii)— 

18 (A) in subclause (I), by striking ‘‘; or’’ and 

19 inserting a semicolon; and 

20 (B) by adding at the end the following: 

21 ‘‘(III) in the case of a trans22 action for less than $75,000 (as such 

23 amount is adjusted by the Bureau to 

24 reflect the change in the Consumer 

25 Price Index) in which the dwelling is 


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1 personal property (or is a consumer 

2 credit transaction that does not in3 clude the purchase of real property on 

4 which a dwelling is to be placed), the 

5 greater of 5 percent of the total trans6 action amount or $3,000 (as such 

7 amount is adjusted by the Bureau to 

8 reflect the change in the Consumer 

9 Price Index); or’’. 

10 SEC. 910. STREAMLINING BANK EXAMS. 

11 Section 10(d) of the Federal Deposit Insurance Act 

12 (12 U.S.C. 1820(d)) is amended— 

13 (1) in paragraph (4)(A), by striking 

14 ‘‘$500,000,000’’ and inserting ‘‘$1,000,000,000’’; 

15 and 

16 (2) in paragraph (10), by striking 

17 ‘‘$500,000,000’’ and inserting ‘‘$1,000,000,000’’. 

18 SEC. 911. ADJUSTMENTS FOR CHANGES IN GROSS DOMES19 TIC PRODUCT. 

20 (a) COMMODITY EXCHANGE ACT.—Section 

21 2(h)(7)(C)(ii) of the Commodity Exchange Act (7 U.S.C. 

22 2(h)(7)(C)(ii)) is amended by inserting ‘‘(as such amount 

23 is adjusted annually by the Commission to reflect the per24 centage change for the previous calendar year in the gross 

25 domestic product of the United States, as calculated by 


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1 the Bureau of Economic Analysis of the Department of 

2 Commerce)’’ after ‘‘$10,000,000,000’’ each place that 

3 term appears. 

4 (b) CONSUMER FINANCIAL PROTECTION BUREAU

5 EXAMINATION AND REPORTING THRESHOLD.— 

6 (1) INCREASE IN THE EXAMINATION THRESH7 OLD.—Section 1025(a) of the Consumer Financial 

8 Protection Act of 2010 (12 U.S.C. 5515(a)) is 

9 amended by striking ‘‘$10,000,000,000’’ each place 

10 that term appears and inserting ‘‘$50,000,000,000 

11 (as such amount is adjusted annually by the Com12 mission to reflect the percentage change for the pre13 vious calendar year in the gross domestic product of 

14 the United States, as calculated by the Bureau of 

15 Economic Analysis of the Department of Com16 merce)’’. 

17 (2) INCREASE IN THE REPORTING THRESH18 OLD.—Section 1026(a) of the Consumer Financial 

19 Protection Act of 2010 (12 U.S.C. 5516(a)) is 

20 amended by striking ‘‘$10,000,000,000’’ each place 

21 that term appears and inserting ‘‘$50,000,000,000 

22 (as such amount is adjusted annually by the Com23 mission to reflect the percentage change for the pre24 vious calendar year in the gross domestic product of 

25 the United States, as calculated by the Bureau of 


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1 Economic Analysis of the Department of Com2 merce)’’. 

3 (3) EFFECTIVE DATE.—This subsection and the 

4 amendments made by this subsection shall take ef5 fect on the date that is 45 days after the date of en6 actment of this title. 

7 (c) SECURITIES EXCHANGE ACT OF 1934.—Section 

8 3C(g)(3)(B) of the Securities Exchange Act of 1934 (15 

9 U.S.C. 78c–3(g)(3)(B)) is amended by inserting ‘‘(as such 

10 amount is adjusted annually by the Commission to reflect 

11 the percentage change for the previous calendar year in 

12 the gross domestic product of the United States, as cal13 culated by the Bureau of Economic Analysis of the De14 partment of Commerce)’’ after ‘‘$10,000,000,000’’ each 

15 place that term appears. 

16 (d) ELECTRONIC FUND TRANSFER ACT.—Section 

17 920(a)(6)(A) of the Electronic Fund Transfer Act (15 

18 U.S.C. 1693o–2(a)(6)(A)) is amended by inserting ‘‘(as 

19 such amount is adjusted annually by the Board to reflect 

20 the percentage change for the previous calendar year in 

21 the gross domestic product of the United States, as cal22 culated by the Bureau of Economic Analysis of the De23 partment of Commerce)’’ after ‘‘$10,000,000,000’’. 

24 (e) ENHANCING FINANCIAL INSTITUTION SAFETY

25 AND SOUNDNESS ACT OF 2010.—Section 334(e) of the 


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1 Enhancing Financial Institution Safety and Soundness 

2 Act of 2010 (title III of Public Law 111–203; 124 Stat. 

3 1539) is amended by inserting ‘‘(as such amount is ad4 justed annually by the Corporation to reflect the percent5 age change for the previous calendar year in the gross do6 mestic product of the United States, as calculated by the 

7 Bureau of Economic Analysis of the Department of Com8 merce)’’ after ‘‘$10,000,000,000’’. 

9 (f) INVESTOR PROTECTION AND SECURITIES RE10 FORM ACT OF 2010.—Section 956(f) of the Investor Pro11 tection and Securities Reform Act of 2010 (15 U.S.C. 

12 5641(f)) is amended by inserting ‘‘(as such amount is ad13 justed annually by the appropriate Federal regulator to 

14 reflect the percentage change for the previous calendar 

15 year in the gross domestic product of the United States, 

16 as calculated by the Bureau of Economic Analysis of the 

17 Department of Commerce)’’ after ‘‘$1,000,000,000’’. 

18 SEC. 912. STUDY ON THE PRIVACY RISKS OF GOVERNMENT 

19 PUBLICATION OF PERSONAL FINANCIAL 

20 DATA. 

21 Section 304 of the Home Mortgage Disclosure Act 

22 of 1975 (12 U.S.C. 2803) is amended— 

23 (1) in subsection (n), by inserting ‘‘Such data 

24 shall not be publicly disclosed by the Bureau or a 

25 depository institution before the date on which the 


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1 report is submitted under subsection (o)(2).’’ after 

2 the period at the end; and 

3 (2) by adding at the end the following: 

4 ‘‘(o) STUDY AND REPORT TO CONGRESS.— 

5 ‘‘(1) STUDY REQUIRED.—The Comptroller Gen6 eral of the United States shall conduct a study to 

7 determine whether the data published under this 

8 Act, in connection with other publicly available data 

9 sources, could allow for or increase the probability 

10 of— 

11 ‘‘(A) exposure of the identity of mortgage 

12 applicants or mortgagors through reverse engi13 neering; 

14 ‘‘(B) exposure of mortgage applicants or 

15 mortgagors to identity theft or the loss of sen16 sitive personal financial information; 

17 ‘‘(C) the marketing or sale of unfair, de18 ceptive, or abusive financial products to mort19 gage applicants or mortgagors based on the 

20 data published under this Act; 

21 ‘‘(D) personal financial loss or emotional 

22 distress resulting from the exposure of mort23 gage applicants or mortgagors to identify theft 

24 or the loss of sensitive personal financial infor25 mation; and 


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1 ‘‘(E) the potential legal liability facing the 

2 Bureau and market participants in the event 

3 the published data leads or contributes to iden4 tity theft or the capture of sensitive personal fi5 nancial information. 

6 ‘‘(2) REPORT.—Not later than 1 year after the 

7 date of enactment of this subsection, the Comp8 troller General of the United States shall submit to 

9 the Committee on Banking, Housing, and Urban Af10 fairs of the Senate and the Committee on Financial 

11 Services of the House of Representatives a report 

12 that includes— 

13 ‘‘(A) the findings and conclusions of the 

14 Comptroller General with respect to the study 

15 conducted under paragraph (1); and 

16 ‘‘(B) any recommendations for legislative 

17 or regulatory actions that— 

18 ‘‘(i) would enhance the privacy of a 

19 consumer when accessing mortgage credit; 

20 and 

21 ‘‘(ii) are consistent with consumer 

22 protections and safe and sound banking 

23 operations.’’. 


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1 SEC. 913. ENSURING THE REPORTING OF APPRAISAL MIS2 CONDUCT. 

3 Section 129E of the Truth in Lending Act (15 U.S.C. 

4 1639e) is amended— 

5 (1) in subsection (e)— 

6 (A) by striking ‘‘Any mortgage lender’’ 

7 and inserting the following: 

8 ‘‘(1) IN GENERAL.—Any mortgage lender’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(2) LIMITATION ON CIVIL LIABILITY.—No per11 son may be held civilly liable under any provision of 

12 Federal, State, or other law for a disclosure made in 

13 good faith pursuant to this section.’’; and 

14 (2) in subsection (k), by adding at the end the 

15 following: 

16 ‘‘(4) APPLICABILITY.—This subsection shall not 

17 apply to subsection (e).’’. 

18 SEC. 914. MUTUAL HOLDING COMPANY DIVIDEND WAIVERS. 

19 Notwithstanding the rule of the Board of Governors 

20 of the Federal Reserve System regarding Mutual Holding 

21 Company Dividend Waivers in section 239.63 of title 12, 

22 Code of Federal Regulations (or any successor thereto), 

23 grandfathered mutual holding companies and all other 

24 mutual holding companies shall be permitted to waive the 

25 receipt of dividends declared on the common stock of their 

26 bank or mid-size holding companies. 


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1 SEC. 915. SAFEGUARDING ACCESS TO HABITAT FOR HU2 MANITY HOMES. 

3 Section 129E(i)(2) of the Truth in Lending Act (15 

4 U.S.C. 1639e(i)(2)) is amended— 

5 (1) by redesignating subparagraphs (A) and 

6 (B) as clauses (i) and (ii), respectively, and adjust7 ing the margins accordingly; 

8 (2) in the matter preceding clause (i), as so re9 designated, by striking ‘‘For purposes of’’ and in10 serting the following: 

11 ‘‘(A) IN GENERAL.—For purposes of’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(B) RULE OF CONSTRUCTION RELATED

14 TO APPRAISAL DONATIONS.—In the case of an 

15 appraisal for which the appraiser voluntarily 

16 does not receive a fee, the appraiser is not, and 

17 shall not be construed to be, with respect to the 

18 donated appraisal, a fee appraiser for purposes 

19 of this section.’’. 

20 SEC. 916. CLARIFYING THE APPLICABILITY OF SECTION 

21 13(H)(1) OF THE BANK HOLDING COMPANY 

22 ACT OF 1956. 

23 (a) IN GENERAL.—Section 13(h)(1) of the Bank 

24 Holding Company Act of 1956 (12 U.S.C. 1851(h)(1)) is 

25 amended— 


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1 (1) in subparagraph (D), by redesignating 

2 clauses (i) and (ii) as subclauses (I) and (II), respec3 tively, and adjusting the margins accordingly; 

4 (2) by redesignating subparagraphs (A), (B), 

5 (C), and (D) as clauses (i), (ii), (iii), and (iv), re6 spectively, and adjusting the margins accordingly; 

7 (3) by striking ‘‘institution that functions solely 

8 in a trust or fiduciary capacity, if—’’and inserting 

9 the following: ‘‘institution— 

10 ‘‘(A) that functions solely in a trust or fi11 duciary capacity, if—’’; and 

12 (4) by striking the period at the end and insert13 ing the following: ‘‘; or 

14 ‘‘(B) with total consolidated assets of 

15 $10,000,000,000 or less if such institution is 

16 not controlled by a company with total consoli17 dated assets of more than $10,000,000,000 (as 

18 such amounts are adjusted annually by the 

19 Board to reflect the percentage change for the 

20 previous calendar year in the gross domestic 

21 product of the United States, as calculated by 

22 the Bureau of Economic Analysis of the De23 partment of Commerce).’’. 


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1 (b) RESERVATION OF AUTHORITY.—Section 13 of 

2 the Bank Holding Company Act of 1956 (12 U.S.C. 1851) 

3 is amended by adding at the end the following: 

4 ‘‘(i) RESERVATION OF AUTHORITY FOR CERTAIN IN5 SURED DEPOSITORY INSTITUTIONS.— 

6 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

7 (h)(1)(B), the appropriate Federal banking agency 

8 for an insured depository institution with total con9 solidated assets of $10,000,000,000 or less may 

10 apply the prohibitions and restrictions of this section 

11 to the activities of the insured depository institution 

12 that, but for subsection (h)(1)(B), would be subject 

13 to the prohibitions and restrictions of this section if 

14 the appropriate Federal banking agency determines 

15 that those activities— 

16 ‘‘(A) are inconsistent with traditional 

17 banking activities; or 

18 ‘‘(B) due to their nature or volume, pose 

19 a risk to the safety and soundness of the in20 sured depository institution. 

21 ‘‘(2) NOTICE AND RESPONSE.—Each of the ap22 propriate Federal banking agencies shall establish a 

23 procedure for providing notice to an insured deposi24 tory institution of a determination under paragraph 

25 (1) and an opportunity for response.’’. 


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1 SEC. 917. STUDY OF MORTGAGE SERVICING ASSETS. 

2 (a) DEFINITIONS.—In this section: 

3 (1) BANKING INSTITUTION.—The term ‘‘bank4 ing institution’’ means an insured depository institu5 tion, Federal credit union, State credit union, bank 

6 holding company, or savings and loan holding com7 pany. 

8 (2) BASEL III CAPITAL REQUIREMENTS.—The 

9 term ‘‘Basel III capital requirements’’ means the 

10 Global Regulatory Framework for More Resilient 

11 Banks and Banking Systems issued by the Basel 

12 Committee on Banking Supervision on December 16, 

13 2010, as revised on June 1, 2011. 

14 (3) FEDERAL BANKING AGENCIES.—The term 

15 ‘‘Federal banking agencies’’ means the Board of 

16 Governors of the Federal Reserve System, the Office 

17 of the Comptroller of the Currency, the Federal De18 posit Insurance Corporation, and the National Cred19 it Union Administration. 

20 (4) MORTGAGE SERVICING ASSETS.—The term 

21 ‘‘mortgage servicing assets’’ means those assets that 

22 result from contracts to service loans secured by real 

23 estate, where such loans are owned by third parties. 

24 (5) NCUA CAPITAL REQUIREMENTS.—The 

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1 tion entitled ‘‘Risk-Based Capital’’ (80 Fed. Reg. 

2 4340 (January 27, 2015)). 

3 (6) OTHER DEFINITIONS.— 

4 (A) BANKING DEFINITIONS.—The terms 

5 ‘‘bank holding company’’, ‘‘insured depository 

6 institution’’, and ‘‘savings and loan holding 

7 company’’ have the meanings given those terms 

8 in section 3 of the Federal Deposit Insurance 

9 Act (12 U.S.C. 1813). 

10 (B) CREDIT UNION DEFINITIONS.—The 

11 terms ‘‘Federal credit union’’ and ‘‘State credit 

12 union’’ have the meanings given those terms in 

13 section 101 of the Federal Credit Union Act 

14 (12 U.S.C. 1752). 

15 (b) STUDY OF THE APPROPRIATE CAPITAL FOR

16 MORTGAGE SERVICING ASSETS.— 

17 (1) IN GENERAL.—The Federal banking agen18 cies shall jointly conduct a study of the appropriate 

19 capital requirements for mortgage servicing assets 

20 for banking institutions. 

21 (2) ISSUES TO BE STUDIED.—The study re22 quired under paragraph (1) shall include, with a 

23 specific focus on banking institutions— 

24 (A) the risk to banking institutions of 

25 holding mortgage servicing assets; 


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1 (B) the history of the market for mortgage 

2 servicing assets, including in particular the 

3 market for those assets in the period of the fi4 nancial crisis; 

5 (C) the ability of banking institutions to 

6 establish a value for mortgage servicing assets 

7 of the institution through periodic sales or other 

8 means; 

9 (D) regulatory approaches to mortgage 

10 servicing assets and capital requirements that 

11 may be used to address concerns about the 

12 value of and ability to sell mortgage servicing 

13 assets; 

14 (E) the impact of imposing the Basel III 

15 capital requirements and the NCUA capital re16 quirements on banking institutions on the abil17 ity of those institutions— 

18 (i) to compete in the mortgage serv19 icing business, including the need for 

20 economies of scale to compete in that busi21 ness; and 

22 (ii) to provide service to consumers to 

23 whom the institutions have made mortgage 

24 loans; 


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1 (F) an analysis of what the mortgage serv2 icing marketplace would look like if the Basel 

3 III capital requirements and the NCUA capital 

4 requirements on mortgage servicing assets— 

5 (i) were fully implemented; and 

6 (ii) applied to both banking institu7 tions and nondepository residential mort8 gage loan servicers; 

9 (G) the significance of problems with mort10 gage servicing assets, if any, in banking institu11 tion failures and problem banking institutions, 

12 including specifically identifying failed banking 

13 institutions where mortgage servicing assets 

14 contributed to the failure; and 

15 (H) an analysis of the relevance of the 

16 Basel III capital requirements and the NCUA 

17 capital requirements on mortgage servicing as18 sets to the banking systems of other signifi19 cantly developed countries. 

20 (3) REPORT TO CONGRESS.—Not later than 

21 180 days after the date of enactment of this title, 

22 the Federal banking agencies shall submit to the 

23 Committee on Banking, Housing, and Urban Affairs 

24 of the Senate and the Committee on Financial ServVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ices of the House of Representatives a report con2 taining— 

3 (A) the results of the study required under 

4 paragraph (1); 

5 (B) any analysis on the specific issue of 

6 mortgage servicing assets undertaken by the 

7 Federal banking agencies before finalizing regu8 lations implementing the Basel III capital re9 quirements and the NCUA capital require10 ments; and 

11 (C) any recommendations for legislative or 

12 regulatory actions that would address concerns 

13 about the value of and ability to sell and the 

14 ability of banking institutions to hold mortgage 

15 servicing assets. 

16 SEC. 918. NO WAIT FOR LOWER MORTGAGE RATES. 

17 (a) IN GENERAL.—Section 129(b) of the Truth in 

18 Lending Act (15 U.S.C. 1639(b)) is amended— 

19 (1) by redesignating paragraph (3) as para20 graph (4); and 

21 (2) by inserting after paragraph (2) the fol22 lowing: 

23 ‘‘(3) NO WAIT FOR LOWER RATE.—If a creditor 

24 extends to a consumer a second offer of credit with 

25 a lower annual percentage rate, the transaction may 


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1 be consummated without regard to the period speci2 fied in paragraph (1).’’. 

3 (b) SAFE HARBOR FOR GOOD FAITH COMPLIANCE

4 WITH TILA-RESPA INTEGRATED DISCLOSURE RULE.— 

5 Section 1032(f) of the Consumer Financial Protection Act 

6 of 2010 (12 U.S.C. 5532(f)) is amended— 

7 (1) by striking ‘‘Not later than’’ and inserting 

8 the following: 

9 ‘‘(1) IN GENERAL.—Not later than’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(2) SAFE HARBOR FOR GOOD FAITH COMPLI12 ANCE.— 

13 ‘‘(A) SAFE HARBOR.—Notwithstanding 

14 any other provision of law, during the period 

15 described in subparagraph (B), an entity that 

16 provides the disclosures required under the 

17 Truth in Lending Act (15 U.S.C. 1601 et seq.) 

18 and sections 4 and 5 of the Real Estate Settle19 ment Procedures Act of 1974 (12 U.S.C. 2603 

20 and 2604), as in effect on July 31, 2015, shall 

21 not be subject to any civil, criminal, or adminis22 trative action or penalty for failure to fully 

23 comply with any requirement under this sub24 section. 


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1 ‘‘(B) APPLICABLE PERIOD.—Subparagraph 

2 (A) shall apply to an entity during the period 

3 beginning on the date of enactment of this 

4 paragraph and ending on the date that is 30 

5 days after the date on which a certification by 

6 the Director that the model disclosures required 

7 under paragraph (1) are accurate and in com8 pliance with all State laws is published in the 

9 Federal Register.’’. 

10 SEC. 919. ELIMINATING BARRIERS TO JOBS FOR LOAN 

11 ORIGINATORS. 

12 (a) IN GENERAL.—The S.A.F.E. Mortgage Licensing 

13 Act of 2008 (12 U.S.C. 5101 et seq.) is amended by add14 ing at the end the following: 

15 ‘‘SEC. 1518. EMPLOYMENT TRANSITION. 

16 ‘‘(a) TEMPORARY LICENSE FOR PERSONS MOVING

17 FROM A FINANCIAL INSTITUTION TO A NON-BANK ORIGI18 NATOR.—A registered loan originator shall be deemed to 

19 be a State-licensed loan originator for the 120-day period 

20 beginning on the date on which a State-licensed mortgage 

21 lender, mortgage banker, or mortgage servicer that is not 

22 a depository institution registers with the Nationwide 

23 Mortgage Licensing System and Registry that the reg24 istered loan originator is employed by the State-licensed 


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1 mortgage lender, mortgage banker, or mortgage servicer, 

2 as applicable. 

3 ‘‘(b) TEMPORARY LICENSE FOR PERSONS MOVING

4 INTERSTATE.—A registered loan originator or State-li5 censed loan originator in 1 State shall be deemed to be 

6 a State-licensed loan originator in another State for the 

7 120-day period beginning on the date on which a State8 licensed mortgage lender, mortgage banker, or mortgage 

9 servicer in that State registers with the Nationwide Mort10 gage Licensing System and Registry that the registered 

11 loan originator or State-licensed loan originator is em12 ployed by the State-licensed mortgage lender, mortgage 

13 banker, or mortgage servicer, as applicable. 

14 ‘‘(c) FEDERAL AND STATE RECOGNITION.—The reg15 istration provided under subsections (a) and (b) shall ful16 fill any licensing or registration requirement for a loan 

17 originator under section 1504 and any State law or regu18 lation.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of contents for the Housing and Economic Re21 covery Act of 2008 (Public Law 110–289; 122 Stat. 2654) 

22 is amended by inserting after the item relating to section 

23 1517 the following: 

‘‘Sec. 1518. Employment transition.’’. 


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1 SEC. 920. SHORT FORM CALL REPORTS. 

2 Section 7(a) of the Federal Deposit Insurance Act 

3 (12 U.S.C. 1817(a)) is amended by adding at the end the 

4 following: 

5 ‘‘(12) SHORT FORM REPORTING.— 

6 ‘‘(A) REVIEW OF REPORTS OF CONDI7 TION.—The appropriate Federal banking agen8 cies shall jointly review the information and 

9 schedules that are required to be filed by an in10 sured depository institution in a report of con11 dition required under paragraph (3). As part of 

12 this review, the appropriate Federal banking 

13 agencies shall jointly— 

14 ‘‘(i) establish guiding principles for 

15 determining the appropriateness of infor16 mation and schedules collected in a report 

17 of condition; and 

18 ‘‘(ii) consistent with the principles es19 tablished under clause (i), consider and 

20 document the need for each data item col21 lected, the frequency with which each data 

22 item will be collected, and the population 

23 of insured depository institutions from 

24 which each data item is required. 

25 ‘‘(B) DEVELOPMENT OF SHORT FORM RE26 PORTS OF CONDITION.—After completing the 


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1 review required under subparagraph (A), the 

2 appropriate Federal banking agencies shall 

3 jointly develop, to the extent appropriate, 1 or 

4 more report of condition forms that reduce or 

5 eliminate information or schedules required to 

6 be filed by an insured depository institution in 

7 a report of condition required under paragraph 

8 (3). Such form or forms shall, as determined by 

9 the appropriate Federal banking agencies, be 

10 appropriate for the size and complexity of the 

11 insured depository institution. 

12 ‘‘(C) REPORTS TO CONGRESS.—Not later 

13 than 180 days after the date of enactment of 

14 this paragraph, and every 180 days thereafter 

15 until the appropriate Federal banking agencies 

16 have jointly completed the requirements under 

17 subparagraphs (A) and (B), the appropriate 

18 Federal banking agencies shall submit to the 

19 Committee on Banking, Housing, and Urban 

20 Affairs of the Senate and the Committee on Fi21 nancial Services of the House of Representa22 tives a report describing the progress made con23 cerning the completion of such responsibil24 ities.’’. 


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1 SEC. 921. APPLICATION OF THE EXPEDITED FUNDS AVAIL2 ABILITY ACT. 

3 (a) IN GENERAL.—The Expedited Funds Availability 

4 Act (12 U.S.C. 4001 et seq.) is amended— 

5 (1) in section 602 (12 U.S.C. 4001)— 

6 (A) in paragraph (20), by inserting ‘‘, lo7 cated in the United States,’’ after ‘‘ATM’’; 

8 (B) in paragraph (21), by inserting 

9 ‘‘American Samoa, the Commonwealth of the 

10 Northern Mariana Islands,’’ after ‘‘Puerto 

11 Rico,’’; and 

12 (C) in paragraph (23), by inserting ‘‘Amer13 ican Samoa, the Commonwealth of the North14 ern Mariana Islands,’’ after ‘‘Puerto Rico,’’; 

15 and 

16 (2) in section 603(d)(2)(A) (12 U.S.C. 

17 4002(d)(2)(A)), by inserting ‘‘American Samoa, the 

18 Commonwealth of the Northern Mariana Islands,’’ 

19 after ‘‘Puerto Rico,’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 subsection (a) shall take effect on January 1, 2016. 

22 SEC. 922. APPLICATION OF THE FEDERAL ADVISORY COM23 MITTEE ACT. 

24 Section 1013 of the Consumer Financial Protection 

25 Act of 2010 (12 U.S.C. 5493) is amended by adding at 

26 the end the following: 


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1 ‘‘(h) APPLICATION OF FACA.—Notwithstanding any 

2 provision of the Federal Advisory Committee Act (5 

3 U.S.C. App.), such Act shall apply to each advisory com4 mittee of the Bureau and each subcommittee of such an 

5 advisory committee.’’. 

6 SEC. 923. BUDGET TRANSPARENCY FOR THE NCUA. 

7 Section 209(b) of the Federal Credit Union Act (12 

8 U.S.C. 1789) is amended— 

9 (1) by redesignating paragraphs (1) and (2) as 

10 paragraphs (2) and (3), respectively; 

11 (2) by inserting before paragraph (2), as so re12 designated, the following: 

13 ‘‘(1) on an annual basis and prior to the sub14 mission of the detailed business-type budget required 

15 under paragraph (2)— 

16 ‘‘(A) make publicly available and cause to 

17 be printed in the Federal Register a draft of 

18 the detailed business-type budget; and 

19 ‘‘(B) hold a public hearing, with public no20 tice provided of the hearing, wherein the public 

21 may submit comments on the draft of the de22 tailed business-type budget;’’; and 

23 (3) in paragraph (2), as so redesignated— 

24 (A) by inserting ‘‘detailed’’ after ‘‘submit 

25 a’’; and 


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1 (B) by inserting ‘‘, which shall address any 

2 comment submitted by the public under para3 graph (1)(B)’’ after ‘‘Control Act’’. 

4 SEC. 924. DATE FOR DETERMINING CONSOLIDATED AS5 SETS. 

6 Section 171(b)(4)(C) of the Financial Stability Act 

7 of 2010 (12 U.S.C. 5371(b)(4)(C)) is amended by insert8 ing ‘‘or March 31, 2010,’’ after ‘‘December 31, 2009,’’. 

9 SEC. 925. FHLB MEMBERSHIP. 

10 (a) FHLB MEMBERSHIP PROPOSED RULE.— 

11 (1) DEFINITIONS.—In this subsection: 

12 (A) COMMUNITY DEVELOPMENT FINAN13 CIAL INSTITUTION.—The term ‘‘community de14 velopment financial institution’’ has the mean15 ing given that term in section 103 of the Com16 munity Development Banking and Financial In17 stitutions Act of 1994 (12 U.S.C. 4702). 

18 (B) COVERED PROPOSED RULE.—The 

19 term ‘‘covered proposed rule’’ means the pro20 posed rule of the Federal Housing Finance 

21 Agency entitled ‘‘Members of Federal Home 

22 Loan Banks’’ (79 Fed. Reg. 54848 (September 

23 12, 2014)). 

24 (C) OTHER TERMS FROM THE FEDERAL

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1 nity financial institution’’, ‘‘Federal Home 

2 Loan Bank’’, and ‘‘Federal Home Loan Bank 

3 System’’ have the meanings given those terms 

4 in section 2 of the Federal Home Loan Bank 

5 Act (12 U.S.C. 1422). 

6 (2) WITHDRAWAL OF PROPOSED RULE.—Not 

7 later than 30 days after the date of enactment of 

8 this title, the Federal Housing Finance Agency shall 

9 withdraw the covered proposed rule. 

10 (3) GAO STUDY AND REPORT ON PROPOSED

11 RULE.— 

12 (A) STUDY.— 

13 (i) IN GENERAL.—The Comptroller 

14 General of the United States shall conduct 

15 a study on the impact that the covered 

16 proposed rule would have, if adopted as 

17 proposed, on— 

18 (I) the ability of the Federal 

19 Home Loan Banks to fulfill the man20 date to provide liquidity to support 

21 housing finance and economic and 

22 community development; 

23 (II) the safety and soundness of 

24 the Federal Home Loan Bank Sys25 tem; 


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1 (III) the liquidity needs of finan2 cial intermediaries; 

3 (IV) the stability of the Federal 

4 Home Loan Bank System; 

5 (V) the benefits of a diverse 

6 membership base for Federal Home 

7 Loan Banks; and 

8 (VI) the ability of member insti9 tutions to rely on access to Federal 

10 Home Loan Bank advances. 

11 (ii) CONSIDERATIONS.—In conducting 

12 the study under clause (i), the Comptroller 

13 General of the United States shall con14 sider— 

15 (I) the comment letters sub16 mitted in response to the notice of 

17 proposed rulemaking for the covered 

18 proposed rule; 

19 (II) the legislative and adminis20 trative history of the Federal Home 

21 Loan Bank membership rules; 

22 (III) the burden placed on com23 munity financial institutions and com24 munity development financial institu25 tions; and 


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1 (IV) the legal authority of the 

2 Federal Housing Finance Agency to 

3 exclude from membership any class or 

4 category of insurance companies. 

5 (B) REPORT.—Not later than 1 year after 

6 the date of enactment of this title, the Comp7 troller General of the United States shall sub8 mit to the Committee on Banking, Housing, 

9 and Urban Affairs of the Senate and the Com10 mittee on Financial Services of the House of 

11 Representatives a report on the findings of the 

12 study conducted under subparagraph (A)(i). 

13 (b) CREDIT UNION PARITY FOR FHLB MEMBER14 SHIP ELIGIBILITY.—Section 2(10)(A)(i) of the Federal 

15 Home Loan Bank Act (12 U.S.C. 1422(10)(A)(i)) is 

16 amended to read as follows: 

17 ‘‘(i) the deposits of which— 

18 ‘‘(I) are insured under the Fed19 eral Deposit Insurance Act (12 U.S.C. 

20 1811 et seq.); or 

21 ‘‘(II) are insured under or eligi22 ble to be insured under the Federal 

23 Credit Union Act (12 U.S.C. 1751 et 

24 seq.); and’’. 


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1 SEC. 926. ENSURING A COMPREHENSIVE REGULATORY RE2 VIEW. 

3 Section 2222 of the Economic Growth and Regu4 latory Paperwork Reduction Act of 1996 (12 U.S.C. 3311) 

5 is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘each appropriate Federal 

8 banking agency represented on the Council’’ 

9 and inserting ‘‘each of the Office of the Comp10 troller of the Currency, the Federal Deposit In11 surance Corporation, the Board of Governors of 

12 the Federal Reserve System, the Bureau of 

13 Consumer Financial Protection, and the Na14 tional Credit Union Administration Board as 

15 the Federal agency representatives on the 

16 Council’’; 

17 (B) by inserting ‘‘, joint or otherwise, and 

18 including all regulations issued pursuant to any 

19 authority provided under the Dodd-Frank Wall 

20 Street Reform and Consumer Protection Act 

21 (Public Law 111–203; 124 Stat. 1376),’’ after 

22 ‘‘prescribed by the Council’’; 

23 (C) by striking ‘‘any such appropriate Fed24 eral banking agency’’ and inserting ‘‘any such 

25 Federal agency’’; and 


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1 (D) by striking ‘‘insured depository institu2 tions’’ and inserting ‘‘financial institutions’’; 

3 (2) in subsections (b), (c), and (d), by striking 

4 ‘‘the appropriate Federal banking agency’’ each 

5 place that term appears and inserting ‘‘the appro6 priate Federal agency’’; and 

7 (3) in subsection (e)— 

8 (A) in paragraph (1), by striking ‘‘the ap9 propriate Federal banking agencies’’ and insert10 ing ‘‘the appropriate Federal agencies’’; and 

11 (B) in paragraph (2), by striking ‘‘the ap12 propriate Federal banking agency’’ and insert13 ing ‘‘the appropriate Federal agency’’. 

14 SEC. 927. PROHIBITION ON IMPLEMENTATION OR PARTICI15 PATION IN OPERATION CHOKE POINT. 

16 The Federal Deposit Insurance Corporation, the Of17 fice of the Comptroller of the Currency, the Board of Gov18 ernors of the Federal Reserve System, the Bureau of Con19 sumer Financial Protection, or the National Credit Union 

20 Administration may not implement or participate in the 

21 Operation Choke Point initiative of the Department of 

22 Justice. 

23 SEC. 928. EXEMPTIVE AUTHORITY. 

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1 eral Deposit Insurance Act (12 U.S.C. 1820) is amended 

2 by adding at the end the following: 

3 ‘‘(l) EXEMPTIVE AUTHORITY.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding any other 

5 provision of law, the Corporation, after considering 

6 the factors in paragraph (3), may exempt by rule 

7 any depository institution having less than 

8 $10,000,000,000 in total assets from— 

9 ‘‘(A) any provision of this Act; 

10 ‘‘(B) any rule promulgated under this Act; 

11 or 

12 ‘‘(C) any rule promulgated under any 

13 other Act conferring authority to the Corpora14 tion. 

15 ‘‘(2) CONDITIONS.—The Corporation may im16 pose conditions on an exemption granted under 

17 paragraph (1). 

18 ‘‘(3) FACTORS TO CONSIDER.—In issuing an ex19 emption under paragraph (1), the Corporation shall 

20 consider, as appropriate, the extent to which— 

21 ‘‘(A) the provision or rule would impose an 

22 unnecessary or undue burden or cost on the de23 pository institution; 


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1 ‘‘(B) the provision or rule is unnecessary 

2 or unwarranted in order to promote the safety 

3 and soundness of the depository institution; and 

4 ‘‘(C) the exemption is necessary, appro5 priate, or consistent with the public interest. 

6 ‘‘(4) ADJUSTMENT FOR CHANGES IN GROSS DO7 MESTIC PRODUCT.—The asset threshold identified in 

8 paragraph (1) shall be adjusted annually by the Cor9 poration to reflect the percentage change for the 

10 previous calendar year in the gross domestic product 

11 of the United States, as calculated by the Bureau of 

12 Economic Analysis of the Department of Com13 merce.’’. 

14 (b) EXEMPTIVE AUTHORITY FOR THE OFFICE OF

15 THE COMPTROLLER OF THE CURRENCY.— 

16 (1) EXEMPTIVE AUTHORITY FOR NATIONAL

17 BANKS.—Section 5239A of the Revised Statutes is 

18 amended— 

19 (A) by striking ‘‘Except’’ and inserting the 

20 following: 

21 ‘‘(a) IN GENERAL.—Except’’.; and 

22 (B) by adding at the end the following: 

23 ‘‘(b) EXEMPTIVE AUTHORITY.— 

24 ‘‘(1) DEFINITION.—In this subsection, the term 

25 ‘insured depository institution’ has the meaning 


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1 given the term in section 3 of the Federal Deposit 

2 Insurance Act (12 U.S.C. 1813). 

3 ‘‘(2) EXEMPTION.—Notwithstanding any other 

4 provision of law, the Comptroller of the Currency, 

5 after considering the factors in paragraph (4), may 

6 exempt by rule any national bank having less than 

7 $10,000,000,000 in total assets from— 

8 ‘‘(A) any provision of this title; 

9 ‘‘(B) any rule promulgated under this title; 

10 or 

11 ‘‘(C) any rule promulgated under any 

12 other title or Act that confers authority to the 

13 Comptroller. 

14 ‘‘(3) CONDITIONS.—The Comptroller may im15 pose conditions on an exemption granted under 

16 paragraph (2). 

17 ‘‘(4) FACTORS TO CONSIDER.—In issuing an ex18 emption under paragraph (2), the Comptroller shall 

19 consider, as appropriate, the extent to which— 

20 ‘‘(A) the provision or rule would impose an 

21 unnecessary or undue burden or cost on the na22 tional bank; 

23 ‘‘(B) the provision or rule is unnecessary 

24 or unwarranted to promote the safety and 

25 soundness of the national bank; and 


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1 ‘‘(C) the exemption is necessary, appro2 priate, or consistent with the public interest. 

3 ‘‘(5) ADJUSTMENT FOR CHANGES IN GROSS DO4 MESTIC PRODUCT.—The asset threshold identified in 

5 paragraph (2) shall be adjusted annually by the 

6 Comptroller to reflect the percentage change for the 

7 previous calendar year in the gross domestic product 

8 of the United States, as calculated by the Bureau of 

9 Economic Analysis of the Department of Com10 merce.’’. 

11 (2) EXEMPTIVE AUTHORITY FOR SAVINGS ASSO12 CIATIONS.—Section 4(a) of the Home Owners’ Loan 

13 Act (12 U.S.C. 1463) is amended by adding at the 

14 end the following: 

15 ‘‘(4) EXEMPTIVE AUTHORITY.— 

16 ‘‘(A) DEFINITION.—In this paragraph, the 

17 term ‘insured depository institution’ has the 

18 meaning given the term in section 3 of the Fed19 eral Deposit Insurance Act (12 U.S.C. 1813). 

20 ‘‘(B) EXEMPTION.—Notwithstanding any 

21 other provision of law, the Comptroller of the 

22 Currency, after considering the factors in sub23 paragraph (D), may exempt by rule any savings 

24 association having less than $10,000,000,000 in 

25 total assets from— 


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1 ‘‘(i) any provision of this title; 

2 ‘‘(ii) any rule promulgated under this 

3 title; or 

4 ‘‘(iii) any rule promulgated under any 

5 other title or act conferring authority on 

6 the Comptroller. 

7 ‘‘(C) CONDITIONS.—The Comptroller may 

8 impose conditions on an exemption granted 

9 under subparagraph (B). 

10 ‘‘(D) FACTORS TO CONSIDER.—In issuing 

11 an exemption under subparagraph (B), the 

12 Comptroller shall consider, as appropriate, the 

13 extent to which— 

14 ‘‘(i) the provision or rule would im15 pose an unnecessary or undue burden or 

16 cost on the savings association; 

17 ‘‘(ii) the provision or rule is unneces18 sary or unwarranted to promote the safety 

19 and soundness of the savings association; 

20 and 

21 ‘‘(iii) the exemption is necessary, ap22 propriate, or consistent with the public in23 terest. 

24 ‘‘(E) ADJUSTMENT FOR CHANGES IN

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1 old identified in subparagraph (B) shall be ad2 justed annually by the Comptroller to reflect 

3 the percentage change for the previous calendar 

4 year in the gross domestic product of the 

5 United States, as calculated by the Bureau of 

6 Economic Analysis of the Department of Com7 merce.’’. 

8 (c) EXEMPTIVE AUTHORITY FOR THE BOARD OF

9 GOVERNORS OF THE FEDERAL RESERVE SYSTEM.— 

10 (1) EXEMPTIVE AUTHORITY FOR STATE MEM11 BER BANKS.—Section 11 of the Federal Reserve Act 

12 (12 U.S.C. 248) is amended by adding at the end 

13 the following: 

14 ‘‘(t) EXEMPTIVE AUTHORITY.— 

15 ‘‘(1) DEFINITION.—In this section, the term 

16 ‘insured depository institution’ has the meaning 

17 given the term in section 3 of the Federal Deposit 

18 Insurance Act (12 U.S.C. 1813). 

19 ‘‘(2) EXEMPTION.—Notwithstanding any other 

20 provision of law, the Board, after considering the 

21 factors in paragraph (4), may exempt by rule any 

22 state member bank having less than 

23 $10,000,000,000 in total assets from— 

24 ‘‘(A) any provision of this Act; 


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1 ‘‘(B) any rule promulgated under this Act; 

2 or 

3 ‘‘(C) any rule promulgated under any 

4 other act conferring authority on the Board. 

5 ‘‘(3) CONDITIONS.—The Board may impose 

6 conditions on an exemption granted under para7 graph (2). 

8 ‘‘(4) FACTORS TO CONSIDER.—In issuing an ex9 emption under paragraph (2), the Board shall con10 sider, as appropriate, the extent to which— 

11 ‘‘(A) the provision or rule would impose an 

12 unnecessary or undue burden or cost on the 

13 state member bank; 

14 ‘‘(B) the provision or rule is unnecessary 

15 or unwarranted to promote the safety and 

16 soundness of the state member bank; and 

17 ‘‘(C) the exemption is necessary, appro18 priate, or consistent with the public interest. 

19 ‘‘(5) ADJUSTMENT FOR CHANGES IN GROSS DO20 MESTIC PRODUCT.—The asset threshold identified in 

21 paragraph (2) shall be adjusted annually by the 

22 Board to reflect the percentage change for the pre23 vious calendar year in the gross domestic product of 

24 the United States, as calculated by the Bureau of 


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1 Economic Analysis of the Department of Com2 merce.’’. 

3 (2) EXEMPTIVE AUTHORITY FOR BANK HOLD4 ING COMPANIES.—The Bank Holding Company Act 

5 of 1956 (12 U.S.C. 1841 et seq.) is amended by 

6 adding at the end the following: 

7 ‘‘SEC. 15. EXEMPTIVE AUTHORITY. 

8 ‘‘(a) DEFINITION.—In this section, the term ‘insured 

9 depository institution’ has the meaning given the term in 

10 section 3 of the Federal Deposit Insurance Act (12 U.S.C. 

11 1813). 

12 ‘‘(b) EXEMPTION.—Notwithstanding any other provi13 sion of law, the Board, after considering the factors in 

14 subsection (d), may exempt by rule any bank holding com15 pany having less than $10,000,000,000 in total assets 

16 from— 

17 ‘‘(1) any provision of this Act; 

18 ‘‘(2) any rule promulgated under this Act; or 

19 ‘‘(3) any rule promulgated under any other act 

20 conferring authority on the Board. 

21 ‘‘(c) CONDITIONS.—The Board may impose condi22 tions on an exemption granted under subsection (b). 

23 ‘‘(d) FACTORS TO CONSIDER.—In issuing an exemp24 tion under subsection (b), the Board shall consider, as ap25 propriate, the extent to which— 


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1 ‘‘(1) the provision or rule would impose an un2 necessary or undue burden or cost on the bank hold3 ing company; 

4 ‘‘(2) the provision or rule is unnecessary or un5 warranted to promote the safety and soundness of 

6 the bank holding company; and 

7 ‘‘(3) the exemption is necessary, appropriate, or 

8 consistent with the public interest. 

9 ‘‘(e) ADJUSTMENT FOR CHANGES IN GROSS DOMES10 TIC PRODUCT.—The asset threshold identified in sub11 section (b) shall be adjusted annually by the Board to re12 flect the percentage change for the previous calendar year 

13 in the gross domestic product of the United States, as cal14 culated by the Bureau of Economic Analysis of the De15 partment of Commerce.’’. 

16 (3) EXEMPTIVE AUTHORITY FOR SAVINGS AND

17 LOAN HOLDING COMPANIES AND MUTUAL HOLDING

18 COMPANIES.—Section 10 of the Home Owners’ Loan 

19 Act (12 U.S.C. 1467a) is amended by adding at the 

20 end the following: 

21 ‘‘(u) EXEMPTIVE AUTHORITY.— 

22 ‘‘(1) DEFINITIONS.—In this subsection— 

23 ‘‘(A) the term ‘insured depository institu24 tion’ has the meaning given the term in section 


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1 3 of the Federal Deposit Insurance Act (12 

2 U.S.C. 1813); and 

3 ‘‘(B) the term ‘mutual holding company’ 

4 has the meaning given the term in subsection 

5 (o)(10)(A). 

6 ‘‘(2) EXEMPTION.—Notwithstanding any other 

7 provision of law, the Board, after considering the 

8 factors in paragraph (4), may exempt by rule any 

9 savings and loan holding company or any mutual 

10 holding company having less than $10,000,000,000 

11 in total assets from— 

12 ‘‘(A) any provision of this Act; 

13 ‘‘(B) any rule promulgated under this Act; 

14 or 

15 ‘‘(C) any rule promulgated under any 

16 other Act conferring authority on the Board. 

17 ‘‘(3) CONDITIONS.—The Board may impose 

18 conditions on an exemption granted under para19 graph (2). 

20 ‘‘(4) FACTORS TO CONSIDER.—In issuing an ex21 emption under paragraph (2), the Board shall con22 sider the extent to which— 

23 ‘‘(A) the provision or rule would impose an 

24 unnecessary or undue burden or cost on the 


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1 savings and loan holding company or the mu2 tual holding company; 

3 ‘‘(B) the provision or rule is unnecessary 

4 or unwarranted to promote the safety and 

5 soundness of the savings and loan holding com6 pany or the mutual holding company; and 

7 ‘‘(C) the exemption is necessary, appro8 priate, or consistent with the public interest. 

9 ‘‘(5) LIMITATION.—The authority granted 

10 under paragraph (2) shall not apply with respect to 

11 a savings and loan holding company described in 

12 subsection (c)(9)(C). 

13 ‘‘(6) ADJUSTMENT FOR CHANGES IN GROSS DO14 MESTIC PRODUCT.—The asset threshold identified in 

15 paragraph (2) shall be adjusted annually by the 

16 Board to reflect the percentage change for the pre17 vious calendar year in the gross domestic product of 

18 the United States, as calculated by the Bureau of 

19 Economic Analysis of the Department of Com20 merce.’’. 


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1 Subtitle B—Systemically Important 

2 Bank Holding Companies 

3 SEC. 931. REVISIONS TO COUNCIL AUTHORITY. 

4 (a) PURPOSES AND DUTIES.—Section 112(a)(2)(I) of 

5 the Financial Stability Act of 2010 (12 U.S.C. 

6 5322(a)(2)(I)) is amended— 

7 (1) by striking ‘‘and large, interconnected bank 

8 holding companies’’; and 

9 (2) by inserting ‘‘and bank holding companies 

10 subject to a determination under section 113A(a)’’ 

11 before the semicolon at the end. 

12 (b) AUTHORITY TO REQUIRE SUPERVISION AND

13 REGULATION OF CERTAIN BANK HOLDING COMPA14 NIES.—The Financial Stability Act of 2010 (12 U.S.C. 

15 5311 et seq.) is amended by adding after section 113 (12 

16 U.S.C. 5323) the following: 

17 ‘‘SEC. 113A. AUTHORITY TO REQUIRE SUPERVISION AND 

18 REGULATION OF SYSTEMICALLY IMPORTANT 

19 BANK HOLDING COMPANIES. 

20 ‘‘(a) IN GENERAL.—The Council may, in accordance 

21 with the procedures described in subsections (c) and (d), 

22 determine that a bank holding company shall be deemed 

23 systemically important. 

24 ‘‘(b) CONSIDERATIONS.— 


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1 ‘‘(1) The Council shall, not later than 90 days 

2 after the date of enactment of this section, issue reg3 ulations describing with specificity the factors that 

4 the Council will use to make a determination under 

5 subsection (a). Such factors shall initially include 

6 the following: 

7 ‘‘(A) The size of the bank holding com8 pany. 

9 ‘‘(B) The interconnectedness of the bank 

10 holding company. 

11 ‘‘(C) The extent of readily available sub12 stitutes or financial institution infrastructure 

13 for the services provided by the bank holding 

14 company. 

15 ‘‘(D) The global cross-jurisdictional activ16 ity of the bank holding company. 

17 ‘‘(E) The complexity of the bank holding 

18 company. 

19 ‘‘(2) The Council may, by regulation, add to, 

20 subtract, or modify the factors used by the Council 

21 pursuant to paragraph (1) if the Council— 

22 ‘‘(A) provides notice to the public and op23 portunity for comment on any proposed 

24 changes; 


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1 ‘‘(B) explains, as part of the notice re2 quired in subparagraph (A), with specificity 

3 how any proposed changes would result in fac4 tors that more accurately measure the threat 

5 that the material financial distress of a bank 

6 holding company could pose to the financial sta7 bility of the United States, in comparison with 

8 the existing factors; and 

9 ‘‘(C) finds, on a nondelegable basis and by 

a vote of not fewer than 2 10 ⁄3 of the voting mem11 bers then serving, including an affirmative vote 

12 by the Chairperson, that such a change would 

13 result in factors that more accurately measure 

14 the threat that the material financial distress of 

15 a bank holding company could pose to the fi16 nancial stability of the United States, in com17 parison with the existing factors. 

18 ‘‘(c) BANK HOLDING COMPANIES DEEMED SYSTEM19 ICALLY IMPORTANT.— 

20 ‘‘(1) IN GENERAL.—With respect to a bank 

21 holding company with total consolidated assets of 

22 not less than $50,000,000,000 and not more than 

23 $500,000,000,000 (as such amounts are adjusted 

24 annually by the Council to reflect the percentage 

25 change for the previous calendar year in the gross 


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1 domestic product of the United States, as calculated 

2 by the Bureau of Economic Analysis of the Depart3 ment of Commerce), the Council may, on a nondelegable basis and by a vote of not fewer than 2 4 ⁄3 of 

5 the voting members then serving, including an af6 firmative vote by the Chairperson, make a deter7 mination under subsection (a) if the Council deter8 mines, based on the factors considered pursuant to 

9 subsection (b), that the material financial distress of 

10 a bank holding company could pose a threat to the 

11 financial stability of the United States. 

12 ‘‘(2) REQUIREMENTS FOR PROPOSED DETER13 MINATION, NOTICE AND OPPORTUNITY FOR HEAR14 ING, AND FINAL DETERMINATION.— 

15 ‘‘(A) INITIAL EVALUATION BY THE BOARD

16 OF GOVERNORS.—The Board of Governors may 

17 identify a bank holding company for an evalua18 tion of whether, based on the factors considered 

19 pursuant to subsection (b), the material finan20 cial distress of the bank holding company could 

21 pose a threat to the financial stability of the 

22 United States. Upon identifying such bank 

23 holding company, the Board of Governors— 

24 ‘‘(i) shall provide the bank holding 

25 company with— 


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1 ‘‘(I) a written notice that shall 

2 include any quantitative analysis used 

3 in identifying the bank holding com4 pany and shall explain with specificity 

5 the basis for identifying the bank 

6 holding company; 

7 ‘‘(II) an opportunity to submit 

8 written materials for consideration by 

9 the Board of Governors as part of an 

10 evaluation by the Board of Governors 

11 under clause (ii); and 

12 ‘‘(III) an opportunity to meet 

13 with representatives of the Board of 

14 Governors to discuss the analysis con15 ducted by the Board of Governors to 

16 identify the bank holding company; 

17 ‘‘(ii) may, after fulfilling the require18 ments of clause (i), evaluate whether, 

19 based on the factors considered pursuant 

20 to subsection (b), the material financial 

21 distress of the bank holding company could 

22 pose a threat to the financial stability of 

23 the United States; 

24 ‘‘(iii) may, at the conclusion of an 

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1 ommendation to the Council that the 

2 Council perform an evaluation under sub3 paragraph (B)(ii)(I); and 

4 ‘‘(iv) shall, if a recommendation is 

5 made under clause (iii), provide written no6 tice to the bank holding company that a 

7 recommendation was made, which notice 

8 shall include a detailed explanation of the 

9 basis for the recommendation, including 

10 how each factor considered pursuant to 

11 subsection (b) relates to the potential 

12 threat posed by the bank holding company 

13 to the financial stability of the United 

14 States. 

15 ‘‘(B) EVALUATION BY THE COUNCIL.— 

16 ‘‘(i) IN GENERAL.—The Council may 

17 only make a proposed determination with 

18 respect to a bank holding company under 

19 subparagraph (C)(i) if the Council— 

20 ‘‘(I) has received a recommenda21 tion under subparagraph (A)(iii) with 

22 respect to the bank holding company; 

23 or 

24 ‘‘(II) not earlier than the effec25 tive date of this section, and after 


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1 consultation and coordination with the 

2 Board of Governors, on a nondele3 gable basis and by a vote of not fewer 

than 2 4 ⁄3 of the voting members then 

5 serving, including an affirmative vote 

6 by the Chairperson, decides to evalu7 ate the bank holding company for a 

8 proposed determination under sub9 paragraph (C)(i). 

10 ‘‘(ii) REQUIREMENTS BEFORE MAKING

11 A PROPOSED DETERMINATION.—Before 

12 making a proposed determination with re13 spect to a bank holding company under 

14 subparagraph (C)(i), and after receiving a 

15 recommendation under clause (i)(I) or 

16 making a decision under clause (i)(II), the 

17 Council shall— 

18 ‘‘(I) perform an evaluation of the 

19 bank holding company, including an 

20 evaluation of— 

21 ‘‘(aa) whether the material 

22 financial distress of the bank 

23 holding company could pose a 

24 threat to the financial stability of 

25 the United States; and 


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1 ‘‘(bb) how each of the fac2 tors considered pursuant to sub3 section (b) relates to the poten4 tial threat posed by the bank 

5 holding company to the financial 

6 stability of the United States; 

7 and 

8 ‘‘(II) provide the bank holding 

9 company with— 

10 ‘‘(aa) a written notice that 

11 the bank holding company is 

12 being evaluated; 

13 ‘‘(bb) an opportunity to 

14 meet with representatives of the 

15 Council to discuss the evaluation 

16 by the Council; and 

17 ‘‘(cc) an opportunity to sub18 mit written materials to the 

19 Council, within such time as the 

20 Council deems appropriate (but 

21 not earlier than 30 days after the 

22 date of receipt of the notice 

23 under item (aa)). 

24 ‘‘(C) PROPOSED DETERMINATION.— 


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1 ‘‘(i) VOTING.—After fulfilling the re2 quirements of subparagraph (B), the 

3 Council may, on a nondelegable basis and 

by a vote of not fewer than 2 4 ⁄3 of the vot5 ing members then serving, including an af6 firmative vote by the Chairperson, propose 

7 to make a determination under paragraph 

8 (1) with respect to a bank holding com9 pany. 

10 ‘‘(ii) NOTICE OF PROPOSED DETER11 MINATION.—If the Council makes a pro12 posed determination under clause (i), the 

13 Council shall provide a notice to the bank 

14 holding company, which notice shall con15 tain the basis for the proposed determina16 tion, including a detailed explanation of 

17 the evaluation performed under subpara18 graph (B)(ii)(I). 

19 ‘‘(D) REQUIREMENTS BEFORE FINAL DE20 TERMINATION.—After making a proposed deter21 mination under subparagraph (C)(i) and prior 

22 to making a final determination under para23 graph (1), the Council shall— 

24 ‘‘(i) not later than 30 days after the 

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1 paragraph (C)(ii), provide the bank holding 

2 company with an opportunity to request, in 

3 writing, a hearing before the Council to 

4 contest the proposed determination; 

5 ‘‘(ii) if the Council receives a timely 

6 request under clause (i), fix a time (not 

7 earlier than 30 days after the date of re8 ceipt of the request) and place at which 

9 the bank holding company may appear, 

10 personally or through counsel, to, at the 

11 discretion of the bank holding company— 

12 ‘‘(I) submit a plan to modify the 

13 business, structure, or operations of 

14 the bank holding company in order to 

15 address the factors and the potential 

16 threat posed by the bank holding com17 pany to the financial stability of the 

18 United States identified pursuant to 

19 subparagraph (C)(ii); 

20 ‘‘(II) submit written materials in 

21 addition to or separate from the plan 

22 described in subclause (I); and 

23 ‘‘(III) provide oral testimony and 

24 oral argument to the members of the 

Council, with not fewer than 2 25 ⁄3 of the 


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1 voting members of the Council, in2 cluding the Chairperson, in attend3 ance; and 

4 ‘‘(iii) in the event a plan is submitted 

5 to the Council under clause (ii)(I)— 

6 ‘‘(I) consider whether the plan, if 

7 implemented, would address the fac8 tors and the potential threat posed by 

9 the bank holding company to the fi10 nancial stability of the United States 

11 identified pursuant to subparagraph 

12 (C)(ii); and 

13 ‘‘(II) provide the bank holding 

14 company with— 

15 ‘‘(aa) analysis of whether 

16 and to what extent the plan ad17 dresses the factors and the po18 tential threat posed by the bank 

19 holding company to the financial 

20 stability of the United States 

21 identified pursuant to subpara22 graph (C)(ii); 

23 ‘‘(bb) an opportunity to 

24 meet with representatives of the 


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1 Council to discuss the analysis 

2 provided under item (aa); and 

3 ‘‘(cc) an opportunity to re4 vise the plan after discussions 

5 with representatives of the Coun6 cil. 

7 ‘‘(E) FINAL DETERMINATION.— 

8 ‘‘(i) IN GENERAL.—After fulfilling the 

9 requirements of subparagraph (D), and not 

10 later than 90 days after the date on which 

11 a hearing is held under subparagraph 

12 (D)(ii), the Council may vote to make a 

13 final determination under paragraph (1). 

14 The Council may delay the vote up to 1 

15 additional year after the conclusion of the 

16 90-day period if considering a plan under 

17 subparagraph (D)(iii). 

18 ‘‘(ii) OUTCOME OF THE VOTE.—If the 

19 Council votes on a final determination 

20 under paragraph (1), the Council shall 

21 promptly inform the bank holding company 

22 of the outcome of the vote in writing. 

23 ‘‘(iii) NOTICE OF FINAL DETERMINA24 TION.—If the Council votes to make a final 

25 determination under paragraph (1), the 


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1 Council shall, not later than 30 days after 

2 the date of the vote, provide a notice to the 

3 bank holding company, which notice shall 

4 contain— 

5 ‘‘(I) the basis for the determina6 tion, including— 

7 ‘‘(aa) a detailed analysis of 

8 any plan submitted by the bank 

9 holding company and considered 

10 by the Council under subpara11 graph (D), if applicable, which 

12 analysis shall, at a minimum, in13 clude— 

14 ‘‘(AA) whether and to 

15 what extent successful im16 plementation of the plan 

17 could address the factors 

18 and the potential threat 

19 posed by the bank holding 

20 company to the financial 

21 stability of the United 

22 States identified pursuant to 

23 subparagraph (C)(ii); and 

24 ‘‘(BB) a detailed expla25 nation of why the plan 


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1 would not address the fac2 tors and the potential threat 

3 posed by the bank holding 

4 company to the financial 

5 stability of the United 

6 States identified pursuant to 

7 subparagraph (C)(ii), if the 

8 Council, during its consider9 ation of the plan under sub10 paragraph (D)(iii)(I), con11 cluded that the plan would 

12 not address such factors or 

13 potential threat; 

14 ‘‘(bb) the reasons why the 

15 materials and other information 

16 submitted or provided by the 

17 bank holding company under 

18 subclauses (II) and (III) of sub19 paragraph (D)(ii) did not address 

20 the potential threat posed by the 

21 bank holding company to the fi22 nancial stability of the United 

23 States; 

24 ‘‘(cc) a detailed analysis of 

25 how the factors, including an exVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 planation of how each factor re2 lates to the potential threat posed 

3 by the bank holding company to 

4 the financial stability of the 

5 United States, that the Council 

6 considered pursuant to sub7 section (b) resulted in the final 

8 determination under paragraph 

9 (1); and 

10 ‘‘(dd) specific aspects of the 

11 business, operations, or structure 

12 of the bank holding company 

13 that the Council believes could 

14 pose a threat to the financial sta15 bility of the United States, in16 cluding an assessment by the 

17 Council of the probability and 

18 magnitude of the threat; and 

19 ‘‘(II) an explanation of actions 

20 the bank holding company could take 

21 in order for the Council to rescind the 

22 determination. 

23 ‘‘(3) REEVALUATION AND RESCISSION.— 

24 ‘‘(A) REEVALUATION REQUIREMENT.—The 

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1 graph, reevaluate a final determination made 

2 under paragraph (1) with respect to a bank 

3 holding company— 

4 ‘‘(i) if, at any time, the Board of Gov5 ernors recommends that the Council do so; 

6 and 

7 ‘‘(ii) not less frequently than once 

8 every 5 years. 

9 ‘‘(B) REEVALUATION PROCEDURE.—The 

10 Council, in conducting any reevaluation of a 

11 bank holding company required under subpara12 graph (A), shall— 

13 ‘‘(i) provide a written notice to the 

14 bank holding company being reevaluated; 

15 ‘‘(ii) afford the bank holding company 

16 an opportunity to submit a plan, within 

17 such time as the Council determines to be 

18 appropriate (but which shall be not earlier 

19 than 30 days after the date of receipt by 

20 the bank holding company of the notice 

21 provided under clause (i)), to modify the 

22 business, structure, or operations of the 

23 bank holding company; 

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1 terials in addition to, or separate from, the 

2 plan described in clause (ii), within such 

3 time as the Council determines to be ap4 propriate (but which shall be not earlier 

5 than 30 days after the date of receipt by 

6 the bank holding company of the notice 

7 provided under clause (i)), to contest the 

8 determination, including materials con9 cerning whether, in the view of the bank 

10 holding company, the material financial 

11 distress at the bank holding company could 

12 pose a threat to the financial stability of 

13 the United States; 

14 ‘‘(iv) provide an opportunity for the 

15 bank holding company to meet with rep16 resentatives of the Council to present the 

17 information described in clauses (ii) and 

18 (iii); 

19 ‘‘(v) not earlier than 30 days after the 

20 date of receipt of any notice under clause 

21 (i), provide the bank holding company with 

22 an opportunity to request, in writing, a 

23 hearing before the Council to contest its 

24 final determination under paragraph (1); 

25 and 


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1 ‘‘(vi) if the Council receives a timely 

2 request under clause (v), fix a time (not 

3 earlier than 30 days after the date of re4 ceipt of the request) and place at which 

5 the bank holding company may appear, 

6 personally or through counsel, to, at the 

7 discretion of the bank holding company, 

8 provide oral testimony and oral argument 

9 to the members of the Council, with not 

fewer than 2 10 ⁄3 of the voting members of the 

11 Council, including the Chairperson, in at12 tendance. 

13 ‘‘(C) COMPANY PLAN.—If a bank holding 

14 company submits a plan in accordance with 

15 subparagraph (B)(ii), the Council shall— 

16 ‘‘(i) consider whether the plan, if im17 plemented, would result in the bank hold18 ing company no longer meeting the criteria 

19 for a final determination under paragraph 

20 (1); and 

21 ‘‘(ii) provide the bank holding com22 pany with— 

23 ‘‘(I) analysis of whether and to 

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1 ing company to the financial stability 

2 of the United States; 

3 ‘‘(II) an opportunity to meet with 

4 representatives of the Council to dis5 cuss the analysis provided under sub6 clause (I); and 

7 ‘‘(III) an opportunity to revise 

8 the plan after discussions with rep9 resentatives of the Council. 

10 ‘‘(D) VOTING AND EXPLANATION.— 

11 ‘‘(i) IN GENERAL.—After evaluating 

12 the materials and information provided by 

13 a bank holding company under subpara14 graph (B) and fulfilling the requirements 

15 of subparagraph (C), and not later than 

16 180 days after the date of receipt by the 

17 bank holding company of the notice pro18 vided under subparagraph (B)(i), the 

19 Council shall, on a nondelegable basis and 

by a vote of not fewer than 2 20 ⁄3 of the vot21 ing members then serving, including an af22 firmative vote by the Chairperson, deter23 mine whether to renew a final determina24 tion under paragraph (1). 


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1 ‘‘(ii) NOTICE OF FINAL DETERMINA2 TION.—If the Council votes to renew a 

3 final determination under clause (i), the 

4 Council shall provide a notice to the bank 

5 holding company with the reasons for the 

6 decision by the Council, which notice shall 

7 address with specificity— 

8 ‘‘(I) any changes to the basis for 

9 the final determination decision made 

10 under paragraph (1) since the date on 

11 which the final determination under 

12 paragraph (1) was made, including 

13 any changes to the information pro14 vided to the bank holding company 

15 under— 

16 ‘‘(aa) paragraph 

17 (2)(E)(iii)(I)(cc); or 

18 ‘‘(bb) this clause, in prior 

19 years; 

20 ‘‘(II) any plan submitted by the 

21 bank holding company and considered 

22 by the Council under subparagraph 

23 (C), and shall, at a minimum, in24 clude— 


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1 ‘‘(aa) a detailed analysis of 

2 whether and to what extent suc3 cessful implementation of the 

4 plan could result in the bank 

5 holding company no longer meet6 ing the criteria for a final deter7 mination under paragraph (1); 

8 and 

9 ‘‘(bb) a detailed explanation 

10 of why, if the plan were imple11 mented, the bank holding com12 pany would still meet the criteria 

13 for a final determination under 

14 paragraph (1), if the Council, 

15 during its consideration of the 

16 plan under subparagraph (C), 

17 concluded that the bank holding 

18 company would still meet those 

19 criteria if the plan were imple20 mented; 

21 ‘‘(III) aspects of the business, 

22 operations, or structure of the bank 

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1 cluding the probability and magnitude 

2 of that threat; and 

3 ‘‘(IV) an explanation of actions 

4 the bank holding company could take 

5 in order for the Council to rescind the 

6 determination. 

7 ‘‘(iii) NO FINAL DETERMINATION.—If 

8 the Council does not vote to renew a final 

9 determination under clause (i), then the 

10 existing final determination under para11 graph (1) shall be rescinded and the Coun12 cil shall inform the bank holding company 

13 in writing. 

14 ‘‘(iv) VOTING THRESHOLD FOR RE15 SCISSION OF DETERMINATION.—Notwith16 standing clause (iii), the Council may, at 

17 any time, on a nondelegable basis and by 

a vote of not fewer than 2 18 ⁄3 of the voting 

19 members then serving, including an affirm20 ative vote by the Chairperson, determine 

21 that a bank holding company no longer 

22 meets the criteria for a final determination 

23 under paragraph (1), in which case the 

24 Council shall rescind the final determina25 tion. 


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1 ‘‘(4) EMERGENCY EXCEPTION.— 

2 ‘‘(A) IN GENERAL.—The Council may 

3 waive or modify the requirements of paragraph 

4 (2) with respect to a bank holding company 

5 with total consolidated assets of not less than 

6 $50,000,000,000 and not more than 

7 $500,000,000,000 (as such amounts are ad8 justed annually by the Council to reflect the 

9 percentage change for the previous calendar 

10 year in the gross domestic product of the 

11 United States, as calculated by the Bureau of 

12 Economic Analysis of the Department of Com13 merce) if the Council determines, on a nondelegable basis and by a vote of not fewer than 2 14 ⁄3

15 of the voting members then serving, including 

16 an affirmative vote by the Chairperson, that 

17 such waiver or modification is necessary or ap18 propriate to prevent or mitigate threats posed 

19 by the bank holding company to the financial 

20 stability of the United States. 

21 ‘‘(B) NOTICE.—The Council shall provide 

22 notice of a waiver or modification under this 

23 paragraph to the bank holding company con24 cerned as soon as practicable, but not later 


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1 than 24 hours after the waiver or modification 

2 is granted. 

3 ‘‘(C) INTERNATIONAL COORDINATION.—In 

4 making a determination under subparagraph 

5 (A), the Council shall consult with the appro6 priate home country supervisor, if any, of a for7 eign bank holding company that is being con8 sidered for such a determination. 

9 ‘‘(D) OPPORTUNITY FOR HEARING.—The 

10 Council shall allow a bank holding company to 

11 request, in writing, an opportunity for a hear12 ing before the Council to contest a waiver or 

13 modification under this paragraph, not later 

14 than 10 days after the date of receipt of the no15 tice of waiver or modification. Upon receipt of 

16 a timely request, the Council shall fix a time 

17 (not later than 15 days after the date of receipt 

18 of the request) and place at which the bank 

19 holding company may appear, personally or 

20 through counsel, to submit written materials 

21 (or, at the sole discretion of the Council, oral 

22 testimony and oral argument). 

23 ‘‘(E) NOTICE OF FINAL DETERMINA24 TION.—Not later than 30 days after the date of 

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1 cil shall notify the subject bank holding com2 pany of the final determination of the Council 

3 under this paragraph, which shall contain a 

4 statement of the basis for the decision of the 

5 Council. 

6 ‘‘(5) CONSULTATION.—The Council shall con7 sult with the primary financial regulatory agency for 

8 each bank holding company that is being considered 

9 by the Council under this section from the outset of 

10 the consideration of the bank holding company by 

11 the Council, including before the Council makes any 

12 proposed determination under paragraph (2)(C)(i) 

13 or final determination under paragraph (1). 

14 ‘‘(6) JUDICIAL REVIEW.—If the Council makes 

15 or renews a final determination under this sub16 section with respect to a bank holding company, 

17 such bank holding company may, not later than 30 

18 days after the date of receipt of the notice of final 

19 determination under paragraph (2)(E)(iii) or of re20 newal of a final determination under paragraph 

21 (3)(D)(ii), bring an action in the United States dis22 trict court for the judicial district in which the home 

23 office of such bank holding company is located, or 

24 in the United States District Court for the District 

25 of Columbia, for an order requiring that the final 


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1 determination be rescinded, and the court shall, 

2 upon review, dismiss such action or direct the final 

3 determination to be rescinded. Review of such an ac4 tion shall be limited to whether the final determina5 tion made under this subsection was arbitrary and 

6 capricious. 

7 ‘‘(7) PUBLIC DISCLOSURE REQUIREMENT.—The 

8 Council shall— 

9 ‘‘(A) in each case that a bank holding com10 pany has received a notice under paragraph 

11 (2)(B)(ii)(II)(aa), and the bank holding com12 pany has publicly disclosed that the bank hold13 ing company is being evaluated by the Council, 

14 confirm that the bank holding company is being 

15 evaluated by the Council, in response to a re16 quest from a third party; 

17 ‘‘(B) upon making a final determination 

18 under paragraph (1) or renewing a final deter19 mination under paragraph (3)(D)(i), publicly 

20 provide a detailed written explanation of the 

21 basis for the final determination with sufficient 

22 detail to provide the public with an under23 standing of the specific bases of the determina24 tion by the Council, including any assumptions 


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1 related thereof, subject to the requirements of 

2 section 112(d)(5); and 

3 ‘‘(C) include, in the annual report required 

4 under section 112— 

5 ‘‘(i) the number of bank holding com6 panies from the previous year that received 

7 a notice under paragraph 

8 (2)(B)(ii)(II)(aa); 

9 ‘‘(ii) the number of bank holding com10 panies from the previous year that were 

11 subject to a proposed determination under 

12 paragraph (2)(C)(i); and 

13 ‘‘(iii) the number of bank holding 

14 companies from the previous year that 

15 were subject to a final determination under 

16 paragraph (1). 

17 ‘‘(d) BANK HOLDING COMPANIES AUTOMATICALLY

18 DEEMED SYSTEMICALLY IMPORTANT.— 

19 ‘‘(1) AUTOMATIC DETERMINATION.—A bank 

20 holding company with total consolidated assets of 

21 more than $500,000,000,000 (as such amount is ad22 justed annually by the Council to reflect the percent23 age change for the previous calendar year in the 

24 gross domestic product of the United States, as cal25 culated by the Bureau of Economic Analysis of the 


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1 Department of Commerce) shall automatically be 

2 subject to a determination under subsection (a). 

3 ‘‘(2) RULE OF CONSTRUCTION.— 

4 ‘‘(A) BANK HOLDING COMPANY INCREAS5 ING IN SIZE.—If, subsequent to the effective 

6 date, a bank holding company that was pre7 viously subject to a final determination under 

8 subsection (c)(1) grows to have total consoli9 dated assets of more than $500,000,000,000 

10 (as such amount is adjusted annually by the 

11 Council to reflect the percentage change for the 

12 previous calendar year in the gross domestic 

13 product of the United States, as calculated by 

14 the Bureau of Economic Analysis of the De15 partment of Commerce) for a period of 180 

16 consecutive days, the bank holding company 

17 shall be subject to an automatic determination 

18 under paragraph (1) and not subject to a deter19 mination under subsection (c)(1) for the pur20 poses of this section. 

21 ‘‘(B) BANK HOLDING COMPANY DECREAS22 ING IN SIZE.—If a bank holding company sub23 ject to an automatic determination under para24 graph (1) decreases in size, such that the bank 

25 holding company no longer is a bank holding 


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1 company with total consolidated assets of more 

2 than $500,000,000,000 (as such amount is ad3 justed annually by the Council to reflect the 

4 percentage change for the previous calendar 

5 year in the gross domestic product of the 

6 United States, as calculated by the Bureau of 

7 Economic Analysis of the Department of Com8 merce) for a period of 180 consecutive days, the 

9 bank holding company shall be considered sub10 ject to a final determination under subsection 

11 (c)(1) and not subject to an automatic deter12 mination under paragraph (1) for the purposes 

13 of this section. 

14 ‘‘(e) INTERNATIONAL COORDINATION.—In exercising 

15 its duties under this title with respect to foreign bank 

16 holding companies, foreign-based bank holding companies, 

17 and cross-border activities and markets, the Council shall 

18 consult with appropriate foreign regulatory authorities, to 

19 the extent appropriate.’’. 

20 (c) ENHANCED SUPERVISION.—Section 115 of the 

21 Financial Stability Act of 2010 (12 U.S.C. 5325) is 

22 amended— 

23 (1) in subsection (a)— 

24 (A) in the matter preceding subparagraph 

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1 connected bank holding companies’’ and insert2 ing ‘‘bank holding companies subject to a deter3 mination under section 113A(a)’’; and 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A), by striking ‘‘; 

6 or’’ and inserting a period; 

7 (ii) by striking ‘‘the Council may’’ and 

8 all that follows through ‘‘differentiate’’ and 

9 inserting ‘‘the Council may differentiate’’; 

10 and 

11 (iii) by striking subparagraph (B); 

12 and 

13 (2) in subsection (b)(3), by inserting ‘‘and the 

14 factors used by the Council pursuant to section 

15 113A(b)’’ after ‘‘subsections (a) and (b) of section 

16 113’’ each place that term appears. 

17 (d) REPORTS.—The matter preceding paragraph (1) 

18 of section 116(a) of the Financial Stability Act of 2010 

19 (12 U.S.C. 5326(a)) is amended by striking ‘‘with total 

20 consolidated assets of $50,000,000,000 or greater’’ and 

21 inserting ‘‘subject to a determination under section 

22 113A(a)’’. 

23 (e) MITIGATION.—Section 121 of the Financial Sta24 bility Act of 2010 (12 U.S.C. 5331) is amended— 


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1 (1) in the matter preceding paragraph (1) of 

2 subsection (a), by striking ‘‘with total consolidated 

3 assets of $50,000,000,000 or more’’ and inserting 

4 ‘‘subject to a determination under section 113A(a)’’; 

5 and 

6 (2) in subsection (c), by inserting ‘‘in the case 

7 of a nonbank financial company, and the factors 

8 used by the Council pursuant to section 113A(b) in 

9 the case of a bank holding company’’ after ‘‘as ap10 plicable,’’. 

11 (f) OFFICE OF FINANCIAL RESEARCH.—Section 

12 155(d) of the Financial Stability Act of 2010 (12 U.S.C. 

13 5345(d)) is amended by striking ‘‘with total consolidated 

14 assets of 50,000,000,000 or greater’’ and inserting ‘‘sub15 ject to a determination under section 113A(a)’’. 

16 SEC. 932. REVISIONS TO BOARD AUTHORITY. 

17 (a) ACQUISITIONS.—Section 163 of the Financial 

18 Stability Act of 2010 (12 U.S.C. 5363) is amended by 

19 striking ‘‘with total consolidated assets equal to or greater 

20 than $50,000,000,000’’ each place that term appears and 

21 inserting ‘‘subject to a determination under section 

22 113A(a)’’. 

23 (b) MANAGEMENT INTERLOCKS.—Section 164 of the 

24 Financial Stability Act of 2010 (12 U.S.C. 5364) is 

25 amended by striking ‘‘with total consolidated assets equal 


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1 to or greater than $50,000,000,000’’ and inserting ‘‘sub2 ject to a determination under section 113A(a)’’. 

3 (c) ENHANCED SUPERVISION AND PRUDENTIAL

4 STANDARDS.—Section 165 of the Financial Stability Act 

5 of 2010 (12 U.S.C. 5365) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), by striking ‘‘with 

8 total consolidated assets equal to or greater 

9 than $50,000,000,000’’ and inserting ‘‘subject 

10 to a determination under section 113A(a)’’; and 

11 (B) in paragraph (2)— 

12 (i) by striking ‘‘APPLICATION’’ and all 

13 that follows through ‘‘In prescribing’’ and 

14 inserting ‘‘APPLICATION.—In prescribing’’; 

15 and 

16 (ii) by striking subparagraph (B); 

17 (2) in subsection (b)(3), by inserting ‘‘and the 

18 factors used by the Council pursuant to section 

19 113A(b)’’ after ‘‘subsections (a) and (b) of section 

20 113’’ each place that term appears; 

21 (3) in subsection (h), by striking 

22 ‘‘$10,000,000,000’’ each place that term appears 

23 and inserting ‘‘$50,000,000,000 (as such amount is 

24 adjusted annually by the Council to reflect the per25 centage change for the previous calendar year in the 


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1 gross domestic product of the United States, as cal2 culated by the Bureau of Economic Analysis of the 

3 Department of Commerce)’’; 

4 (4) in subsection (i)(2)(A), by striking 

5 ‘‘$10,000,000,000’’ and inserting ‘‘$50,000,000,000 

6 (as such amount is adjusted annually by the Council 

7 to reflect the percentage change for the previous cal8 endar year in the gross domestic product of the 

9 United States, as calculated by the Bureau of Eco10 nomic Analysis of the Department of Commerce)’’; 

11 and 

12 (5) in subsection (j)— 

13 (A) in paragraph (1), by striking ‘‘with 

14 total consolidated assets equal to or greater 

15 than $50,000,000,000’’ and inserting ‘‘de16 scribed in subsection (a)’’; and 

17 (B) by striking paragraph (2) and insert18 ing the following: 

19 ‘‘(2) CONSIDERATIONS.—In making a deter20 mination under this subsection, the Council shall— 

21 ‘‘(A) in the case of a nonbank financial 

22 company supervised by the Board of Governors, 

23 consider the factors described in subsections (a) 

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1 lated factors that the Council deems appro2 priate; and 

3 ‘‘(B) in the case of a bank holding com4 pany described in subsection (a), consider the 

5 factors used by the Council pursuant to section 

6 113A(b).’’. 

7 (d) CONFORMING AMENDMENT.—The second sub8 section designated as subsection (s)(2) of the Federal Re9 serve Act (12 U.S.C. 248(s)(2)) (relating to assessments, 

10 fees, and other charges for certain companies) is amend11 ed— 

12 (1) in subparagraph (A), by striking ‘‘having 

13 total consolidated assets of $50,000,000,000 or 

14 more;’’ and inserting ‘‘subject to a determination 

15 under section 113A(a) of the Financial Stability Act 

16 of 2010; and’’; 

17 (2) by striking subparagraph (B); and 

18 (3) by redesignating subparagraph (C) as sub19 paragraph (B). 

20 SEC. 933. EFFECTIVE DATE. 

21 (a) IN GENERAL.—The amendments made by this 

22 subtitle shall, except as otherwise provided, take effect on 

23 the date that is 180 days after the date on which the regu24 lations required under section 113A(b) of the Financial 


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1 Stability Act of 2010, as added by section 931(b) of this 

2 title, are issued. 

3 (b) RULE OF CONSTRUCTION.—Nothing in this sub4 title shall be construed to prohibit the Financial Stability 

5 Oversight Council established under section 111 of the Fi6 nancial Stability Act of 2010 (12 U.S.C. 5321) or the 

7 Board of Governors of the Federal Reserve System from 

8 complying with any of the requirements of section 113A 

9 of that Act, as added by section 931(b) of this title, with 

10 respect to a bank holding company (as defined in section 

11 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 

12 1841)) prior to the effective date described in subsection 

13 (a). 

14 SEC. 934. SENSE OF CONGRESS. 

15 (a) DEFINITIONS.—In this section: 

16 (1) APPROPRIATE FEDERAL BANKING AGEN17 CIES; BANK HOLDING COMPANY.—The terms ‘‘ap18 propriate Federal banking agencies’’ and ‘‘bank 

19 holding company’’ have the meanings given those 

20 terms in section 3 of the Federal Deposit Insurance 

21 Act (12 U.S.C. 1813). 

22 (2) NONBANK FINANCIAL COMPANY.—The term 

23 ‘‘nonbank financial company’’ has the meaning given 

24 that term in section 102(a) of the Financial Sta25 bility Act of 2010 (12 U.S.C. 5311). 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the appropriate Federal banking agencies 

3 should seek to properly tailor prudential regulations and, 

4 in doing so, differentiate among bank holding companies 

5 and among nonbank financial companies supervised by the 

6 Board of Governors of the Federal Reserve System based 

7 on their capital structure, riskiness, complexity, financial 

8 activities (including the financial activities of their subsidi9 aries), size, and other risk-related factors, using existing 

10 authorities, including waiver authorities provided in stat11 ute or regulation. 

12 SEC. 935. PRESERVATION OF AUTHORITY. 

13 Nothing in this title shall be construed to limit the 

14 supervisory, regulatory, or enforcement authority of a 

15 Federal banking agency (as defined in section 3 of the 

16 Federal Deposit Insurance Act (12 U.S.C. 1813)) to fur17 ther the safe and sound operation of an institution that 

18 the Federal banking agency supervises, except as specifi19 cally provided in this title. 


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1 Subtitle C—Greater Transparency 

2 for the Financial Stability Over3 sight Council Process for 

4 Nonbank Financial Companies 

5 SEC. 941. ACCESS TO COUNCIL MEETINGS BY AGENCY MEM6 BERS. 

7 Section 111(e) of the Financial Stability Act of 2010 

8 (12 U.S.C. 5321(e)) is amended by adding at the end the 

9 following: 

10 ‘‘(3) ACCESS.—Any member of the governing 

11 body of a member agency headed by a member of 

12 the Council described in subparagraph (B), (E), (F), 

13 (G), or (I) of paragraph (1) of subsection (b)— 

14 ‘‘(A) may attend a meeting of the Council, 

15 including any meeting of representatives of the 

16 members of the Council; and 

17 ‘‘(B) shall have access to the same infor18 mation and materials that a member of the 

19 Council described in subparagraph (B), (E), 

20 (F), (G), or (I) of paragraph (1) of subsection 

21 (b) is provided or entitled to.’’. 

22 SEC. 942. NONBANK DETERMINATION PROCESS. 

23 Section 113 of the Financial Stability Act of 2010 

24 (12 U.S.C. 5323) is amended— 

25 (1) in subsection (a)(2)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by inserting ‘‘factors, including’’ after 

3 ‘‘consider’’; 

4 (B) in subparagraph (H), by striking ‘‘1 or 

5 more primary financial regulatory agencies’’ 

6 and inserting ‘‘its primary financial regulatory 

7 agency, including the appropriateness of the im8 position of prudential standards in addition to 

9 or as opposed to other forms of regulation’’; 

10 (C) in subparagraph (J), by striking ‘‘and’’ 

11 at the end; 

12 (D) by redesignating subparagraph (K) as 

13 subparagraph (L); and 

14 (E) by inserting after subparagraph (J) 

15 the following: 

16 ‘‘(K) actions taken by the primary finan17 cial regulatory agency pursuant to subsection 

18 (e)(1)(C); and’’; 

19 (2) in subsection (b)(2)— 

20 (A) in the matter preceding subparagraph 

21 (A), by inserting ‘‘factors, including’’ after 

22 ‘‘consider’’; 

23 (B) in subparagraph (H), by inserting ‘‘, 

24 including the appropriateness of the imposition 

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1 posed to other forms of regulation’’ before the 

2 semicolon at the end; 

3 (C) in subparagraph (J), by striking ‘‘and’’ 

4 at the end; 

5 (D) by redesignating subparagraph (K) as 

6 subparagraph (L); and 

7 (E) by inserting after subparagraph (J) 

8 the following: 

9 ‘‘(K) actions taken by the primary finan10 cial regulatory agency pursuant to subsection 

11 (e)(1)(C); and’’; 

12 (3) by striking subsections (d) and (e) and in13 serting the following: 

14 ‘‘(d) ANNUAL REEVALUATION AND RESCISSION.— 

15 ‘‘(1) ANNUAL REEVALUATION.—Not less fre16 quently than annually, except with respect to sub17 paragraph (E), the Council shall reevaluate each 

18 final determination made under subsection (a) or (b) 

19 with respect to a nonbank financial company super20 vised by the Board of Governors and shall— 

21 ‘‘(A) provide a written notice to the 

22 nonbank financial company being reevaluated; 

23 ‘‘(B) afford the nonbank financial company 

24 an opportunity to submit a plan, within such 

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1 priate (but which shall be not earlier than 30 

2 days after the date of receipt by the nonbank 

3 financial company of the notice provided under 

4 subparagraph (A)), to modify the business, 

5 structure, or operations of the nonbank finan6 cial company; 

7 ‘‘(C) afford the nonbank financial company 

8 an opportunity to submit written materials in 

9 addition to, or separate from, the plan de10 scribed in subparagraph (B), within such time 

11 as the Council determines to be appropriate 

12 (but which shall be not earlier than 30 days 

13 after the date of receipt by the nonbank finan14 cial company of the notice provided under sub15 paragraph (A)), to contest the determination, 

16 including materials concerning whether, in the 

17 view of the nonbank financial company, the ma18 terial financial distress at the nonbank financial 

19 company, or the nature, scope, size, scale, con20 centration, interconnectedness, or mix of the ac21 tivities of the nonbank financial company, could 

22 pose a threat to the financial stability of the 

23 United States; 

24 ‘‘(D) provide an opportunity for the 

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1 resentatives of the Council to present the infor2 mation described in subparagraphs (B) and (C); 

3 and 

4 ‘‘(E) not less than once every 5 years and 

5 prior to a vote under paragraph (3)(A)(ii)— 

6 ‘‘(i) not earlier than 30 days after the 

7 date of receipt of any notice under sub8 paragraph (A), provide the nonbank finan9 cial company with an opportunity to re10 quest, in writing, a hearing before the 

11 Council to contest its final determination 

12 under subsection (a) or (b); and 

13 ‘‘(ii) if the Council receives a timely 

14 request under clause (i), fix a time (not 

15 earlier than 30 days after the date of re16 ceipt of the request) and place at which 

17 the nonbank financial company may ap18 pear, personally or through counsel, to, at 

19 the discretion of the nonbank financial 

20 company, provide oral testimony and oral 

21 argument to the members of the Council, 

with not fewer than 2 22 ⁄3 of the voting mem23 bers of the Council, including the Chair24 person, in attendance. 


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1 ‘‘(2) COMPANY PLAN.—If a nonbank financial 

2 company submits a plan in accordance with para3 graph (1)(B), the Council shall— 

4 ‘‘(A) consider whether the plan, if imple5 mented, would result in the nonbank financial 

6 company no longer meeting the criteria for a 

7 final determination under subsection (a) or (b); 

8 and 

9 ‘‘(B) provide the nonbank financial com10 pany with— 

11 ‘‘(i) analysis of whether and to what 

12 extent the plan addresses the potential 

13 threat posed by the nonbank financial com14 pany to the financial stability of the 

15 United States; 

16 ‘‘(ii) an opportunity to meet with rep17 resentatives of the Council to discuss the 

18 analysis provided under clause (i); and 

19 ‘‘(iii) an opportunity to revise the 

20 plan, after discussions with representatives 

21 of the Council. 

22 ‘‘(3) VOTING AND EXPLANATION.— 

23 ‘‘(A) IN GENERAL.—After evaluating the 

24 materials and information provided by a 

25 nonbank financial company under paragraph 


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1 (1) and fulfilling the requirements of paragraph 

2 (2), and not later than 180 days after the date 

3 of receipt by the nonbank financial company of 

4 the notice provided under paragraph (1)(A), the 

5 Council shall, on a nondelegable basis and by a 

vote of not fewer than 2 6 ⁄3 of the voting members 

7 then serving, including an affirmative vote by 

8 the Chairperson— 

9 ‘‘(i) except as otherwise provided in 

10 clause (ii), determine whether the nonbank 

11 financial company no longer meets the cri12 teria for a final determination under sub13 section (a) or (b), in which case the Coun14 cil shall rescind such determination; and 

15 ‘‘(ii) not less than once every 5 years, 

16 and following a hearing held under para17 graph (1)(E)(ii), determine whether to 

18 renew a final determination under sub19 section (a) or (b). 

20 ‘‘(B) NOTICE OF FINAL DETERMINA21 TION.—If the Council does not vote to rescind 

22 a final determination under subparagraph 

23 (A)(i) or votes to renew a final determination 

24 under subparagraph (A)(ii), the Council shall 

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1 pany and the primary financial regulatory agen2 cy of the nonbank financial company with the 

3 reasons for the decision by the Council, which 

4 notice shall address with specificity— 

5 ‘‘(i) any changes to the basis for the 

6 final determination decision made under 

7 subsection (a) or (b) since the date on 

8 which the final determination under sub9 section (a) or (b) was made, including any 

10 changes to the information provided to the 

11 nonbank financial company under— 

12 ‘‘(I) subsection (e)(2)(C)(i)(IV); 

13 ‘‘(II) this clause, in prior years; 

14 or 

15 ‘‘(III) subparagraph (D); 

16 ‘‘(ii) any plan submitted by the 

17 nonbank financial company and considered 

18 by the Council under paragraph (2), and 

19 shall, at a minimum, include— 

20 ‘‘(I) a detailed analysis of wheth21 er and to what extent successful im22 plementation of the plan could result 

23 in the nonbank financial company no 

24 longer meeting the criteria for a final 


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1 determination under subsection (a) or 

2 (b); and 

3 ‘‘(II) a detailed explanation of 

4 why, if the plan were implemented, 

5 the nonbank financial company would 

6 still meet the criteria for a final deter7 mination under subsection (a) or (b), 

8 if the Council, during its consideration 

9 of the plan under paragraph (2), con10 cluded that the nonbank financial 

11 company would still meet those cri12 teria if the plan were implemented; 

13 ‘‘(iii) aspects of the business, oper14 ations, or structure, including the nature, 

15 scope, size, scale, concentration, inter16 connectedness, or mix of the activities, of 

17 the nonbank financial company that the 

18 Council believes could pose a threat to the 

19 financial stability of the United States, in20 cluding an assessment by the Council of 

21 the probability and magnitude of the 

22 threat; and 

23 ‘‘(iv) an explanation of actions the 

24 nonbank financial company could take in 


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1 order for the Council to rescind the deter2 mination. 

3 ‘‘(C) NO FINAL DETERMINATION.—If the 

4 Council votes to rescind a final determination 

5 under subparagraph (A)(i) or does not vote to 

6 renew a final determination under subpara7 graph (A)(ii), the existing final determination 

8 under subsection (a) or (b) shall be rescinded 

9 and the Council shall inform the nonbank fi10 nancial company in writing. 

11 ‘‘(D) EXPLANATION FOR CERTAIN COMPA12 NIES.—With respect to a reevaluation under 

13 this subsection in which the final determination 

14 under subsection (a) or (b) being reevaluated 

15 was made before the date of enactment of this 

16 subparagraph, the Council, as part of such re17 evaluation, shall provide a statement that— 

18 ‘‘(i) explains with specificity the basis 

19 for such determination; and 

20 ‘‘(ii) includes the analysis required 

21 under subsection (e)(2)(C)(i)(IV). 

22 ‘‘(E) VOTING THRESHOLD FOR RESCISSION

23 OF DETERMINATION.—Notwithstanding sub24 paragraph (A), the Council may, at any time, 

25 on a nondelegable basis and by a vote of not 


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fewer than 2 1 ⁄3 of the voting members then serv2 ing, including an affirmative vote by the Chair3 person, determine that a nonbank financial 

4 company no longer meets the criteria for a final 

5 determination under subsection (a) or (b), in 

6 which case the Council shall rescind the final 

7 determination. 

8 ‘‘(e) REQUIREMENTS FOR PROPOSED DETERMINA9 TION, NOTICE AND OPPORTUNITY FOR HEARING, AND

10 FINAL DETERMINATION.— 

11 ‘‘(1) IN GENERAL.—Prior to making a final de12 termination under subsection (a) or (b) with respect 

13 to a nonbank financial company, the Council must— 

14 ‘‘(A) provide the nonbank financial com15 pany and its primary financial regulatory agen16 cy with a notice that the nonbank financial 

17 company is being evaluated, which notice shall, 

18 at minimum— 

19 ‘‘(i) include any quantitative analysis 

20 used by the Council as part of its evalua21 tion; 

22 ‘‘(ii) identify with specificity any fac23 tors that the Council has considered pursu24 ant to subsection (a)(2) or (b)(2) relating 

25 to the nonbank financial company that 


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1 could cause the nonbank financial company 

2 to be subject to a final determination 

3 under subsection (a) or (b); and 

4 ‘‘(iii) include an explanation of how 

5 each factor identified in clause (ii) relates 

6 to the potential threat posed by the 

7 nonbank financial company to the financial 

8 stability of the United States; 

9 ‘‘(B) provide the nonbank financial com10 pany an opportunity, not earlier than 30 days 

11 after the date of receipt by the nonbank finan12 cial company of the notice under subparagraph 

13 (A), to meet with representatives of the Coun14 cil, including to discuss the notice and any anal15 ysis and factors considered by the Council; 

16 ‘‘(C) provide the primary financial regu17 latory agency of the nonbank financial company 

18 with not less than 180 days from the date of 

19 receipt of the notice in subparagraph (A) to— 

20 ‘‘(i) provide a written response to the 

21 Council that includes an assessment of— 

22 ‘‘(I) the factors identified pursu23 ant to subparagraph (A)(ii); 


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1 ‘‘(II) the explanation provided 

2 pursuant to subparagraph (A)(iii); 

3 and 

4 ‘‘(III) the degree to which the po5 tential threat to the financial stability 

6 of the United States is currently ad7 dressed or could be addressed by ex8 isting or pending regulation or other 

9 regulatory action; and 

10 ‘‘(ii) issue proposed regulations or un11 dertake other regulatory action to ad12 dress— 

13 ‘‘(I) the factors identified pursu14 ant to subparagraph (A)(ii), as appli15 cable; and 

16 ‘‘(II) the potential threat posed 

17 by the nonbank financial company to 

18 the financial stability of the United 

19 States; 

20 ‘‘(D) in the event that the primary finan21 cial regulatory agency has provided a written 

22 response under subparagraph (C)(i) or issued 

23 proposed regulations or taken other regulatory 

24 actions under subparagraph (C)(ii), find that— 


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1 ‘‘(i) taking into account the written 

2 response by the primary financial regu3 latory agency under subparagraph (C)(i), 

4 the nonbank financial company merits a 

5 proposed determination under subpara6 graph (E); and 

7 ‘‘(ii) the primary financial regulatory 

8 agency has not proposed regulations or 

9 taken other regulatory actions after receipt 

10 of the notice under subparagraph (A) that 

11 sufficiently address the factors identified 

12 pursuant to subparagraph (A)(ii), as appli13 cable, and the potential threat posed by 

14 the nonbank financial company to the fi15 nancial stability of the United States; 

16 ‘‘(E) after fulfilling the requirements of 

17 subparagraphs (A), (B), (C), and (D), on a 

18 nondelegable basis and by a vote of not fewer 

than 2 19 ⁄3 of the voting members then serving, in20 cluding an affirmative vote by the Chairperson, 

21 propose to make a determination under sub22 section (a) or (b) with respect to the nonbank 

23 financial company; and 

24 ‘‘(F) subsequent to making a proposed de25 termination under subparagraph (E)— 


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1 ‘‘(i) provide a notice to the nonbank 

2 financial company and its primary finan3 cial regulatory agency, which notice shall 

4 contain the basis for the proposed deter5 mination under subparagraph (E), includ6 ing— 

7 ‘‘(I) the information and expla8 nation required under subparagraph 

9 (A), along with any updates to such 

10 information or explanation related to 

11 the proposed determination under 

12 subparagraph (E); and 

13 ‘‘(II) an explanation and jus14 tification for any finding under sub15 paragraph (D); 

16 ‘‘(ii) not later than 30 days after the 

17 date of receipt of any notice under clause 

18 (i), provide the nonbank financial company 

19 with an opportunity to request, in writing, 

20 a hearing before the Council to contest the 

21 proposed determination under subpara22 graph (E); 

23 ‘‘(iii) if the Council receives a timely 

24 request under clause (ii), fix a time (not 

25 earlier than 30 days after the date of reVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ceipt of the request) and place at which 

2 the nonbank financial company may ap3 pear, personally or through counsel, to, at 

4 the discretion of the nonbank financial 

5 company— 

6 ‘‘(I) submit a plan to modify the 

7 business, structure, or operations of 

8 the nonbank financial company in 

9 order to address the factors and the 

10 potential threat posed by the nonbank 

11 financial company to the financial sta12 bility of the United States identified 

13 pursuant to clause (i)(I), as applica14 ble; 

15 ‘‘(II) submit written materials in 

16 addition to or separate from the plan 

17 described in subclause (I); and 

18 ‘‘(III) provide oral testimony and 

19 oral argument to the members of the 

Council, with not fewer than 2 20 ⁄3 of the 

21 voting members of the Council, in22 cluding the Chairperson, in attend23 ance; and 

24 ‘‘(iv) in the event a plan is submitted 

25 to the Council under clause (iii)(I)— 


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1 ‘‘(I) consider whether the plan, if 

2 implemented, would address the fac3 tors and the potential threat posed by 

4 the nonbank financial company to the 

5 financial stability of the United States 

6 identified pursuant to clause (i)(I), as 

7 applicable; and 

8 ‘‘(II) provide the nonbank finan9 cial company with— 

10 ‘‘(aa) analysis of whether 

11 and to what extent the plan ad12 dresses the factors and the po13 tential threat posed by the 

14 nonbank financial company to 

15 the financial stability of the 

16 United States identified pursuant 

17 to clause (i)(I), as applicable; 

18 ‘‘(bb) an opportunity to 

19 meet with representatives of the 

20 Council to discuss the analysis 

21 provided under item (aa); and 

22 ‘‘(cc) an opportunity to re23 vise the plan, after discussions 

24 with representatives of the Coun25 cil. 


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1 ‘‘(2) FINAL DETERMINATION.— 

2 ‘‘(A) IN GENERAL.—After fulfilling the re3 quirements of paragraph (1), and not later than 

4 90 days after the date on which a hearing is 

5 held under paragraph (1)(F)(iii), the Council 

6 may vote to make a final determination under 

7 subsection (a) or (b). The Council may delay 

8 the vote up to 1 additional year after the con9 clusion of the 90-day period if considering a 

10 plan under paragraph (1)(F)(iv)(I). 

11 ‘‘(B) OUTCOME OF THE VOTE.—If the 

12 Council votes on a final determination under 

13 subsection (a) or (b), the Council shall promptly 

14 inform the nonbank financial company of the 

15 outcome of the vote in writing. 

16 ‘‘(C) NOTICE OF FINAL DETERMINA17 TION.—If the Council votes to make a final de18 termination under subsection (a) or (b), the 

19 Council shall, not later than 30 days after the 

20 date of the vote, provide a notice to the 

21 nonbank financial company and its primary fi22 nancial regulatory agency, which notice shall 

23 contain— 

24 ‘‘(i) the basis for the determination, 

25 including— 


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1 ‘‘(I) a detailed analysis of any 

2 plan submitted by the nonbank finan3 cial company and considered by the 

4 Council under paragraph (1)(F), if 

5 applicable, which analysis shall, at a 

6 minimum, include— 

7 ‘‘(aa) whether and to what 

8 extent successful implementation 

9 of the plan could address the fac10 tors, as applicable, and the po11 tential threat posed by the 

12 nonbank financial company to 

13 the financial stability of the 

14 United States identified pursuant 

15 to paragraph (1)(F)(i)(I); and 

16 ‘‘(bb) a detailed explanation 

17 of why the plan would not ad18 dress the factors and the poten19 tial threat posed by the nonbank 

20 financial company to the finan21 cial stability of the United States 

22 identified pursuant to paragraph 

23 (1)(F)(i)(I), if the Council, dur24 ing its consideration of the plan 

25 under subparagraph 


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1 (1)(F)(iv)(I), concluded that the 

2 plan would not address such fac3 tors or potential threat; 

4 ‘‘(II) the reasons why the mate5 rials and other information submitted 

6 or provided by the nonbank financial 

7 company under subclauses (II) and 

8 (III) of paragraph (1)(F)(iii) did not 

9 address the potential threat posed by 

10 the nonbank financial company to the 

11 financial stability of the United 

12 States; 

13 ‘‘(III) a justification for any find14 ing under paragraph (1)(D); 

15 ‘‘(IV) a detailed analysis of how 

16 any factors, including an explanation 

17 of how each factor relates to the po18 tential threat posed by the nonbank 

19 financial company to the financial sta20 bility of the United States, that the 

21 Council considered pursuant to sub22 section (a)(2) or (b)(2) resulted in the 

23 final determination under subsection 

24 (a) or (b); and 


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1 ‘‘(V) specific aspects of the busi2 ness, operations, or structure of the 

3 nonbank financial company, including 

4 the nature, scope, size, scale, con5 centration, interconnectedness, or mix 

6 of the activities of the nonbank finan7 cial company, that the Council be8 lieves could pose a threat to the finan9 cial stability of the United States, in10 cluding an assessment by the Council 

11 of the probability and magnitude of 

12 the threat; and 

13 ‘‘(ii) an explanation of actions the 

14 nonbank financial company could take in 

15 order for the Council to rescind the deter16 mination.’’; 

17 (4) in subsection (g), by striking ‘‘before the 

18 Council makes any’’ and inserting ‘‘from the outset 

19 of the consideration of the nonbank financial com20 pany by the Council, including before the Council 

21 makes any proposed determination under subsection 

22 (e)(1)(E) or’’; 

23 (5) in subsection (h)— 

24 (A) by inserting ‘‘or renews’’ after 

25 ‘‘makes’’; and 


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1 (B) by striking ‘‘(d)(2), (e)(3), or (f)(5)’’ 

2 and inserting ‘‘(d)(3)(B) or (f)(5) or of renewal 

3 of a final determination under subsection 

4 (e)(2)(C)’’; and 

5 (6) by adding at the end the following: 

6 ‘‘(j) PUBLIC DISCLOSURE REQUIREMENT.—The 

7 Council shall— 

8 ‘‘(1) in each case that a nonbank financial com9 pany has received a notice under subsection 

10 (e)(1)(A), and the nonbank financial company has 

11 publicly disclosed that the nonbank financial com12 pany is being reviewed by the Council, confirm that 

13 the nonbank financial company is being reviewed, in 

14 response to a request from a third party; 

15 ‘‘(2) upon making a final determination under 

16 subsection (a) or (b) or renewing a final determina17 tion under paragraph (3)(A) of subsection (d), pub18 licly provide a detailed written explanation of the 

19 basis for the final determination with sufficient de20 tail to provide the public with an understanding of 

21 the specific bases of the determination by the Coun22 cil, including any assumptions related thereof, sub23 ject to the requirements of section 112(d)(5); 

24 ‘‘(3) include, in the annual report required by 

25 section 112— 


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1 ‘‘(A) the number of nonbank financial 

2 companies from the previous year that received 

3 a notice under subsection (e)(1)(A); 

4 ‘‘(B) the number of nonbank financial 

5 companies from the previous year that were 

6 subject to a proposed determination under sub7 section (e)(1)(E); and 

8 ‘‘(C) the number of nonbank financial 

9 companies from the previous year that were 

10 subject to a final determination under sub11 section (a) or (b); and 

12 ‘‘(4) not earlier than 180 days after the date of 

13 enactment of this subsection, publish in the Federal 

14 Register information regarding the methodology the 

15 Council uses for calculating any quantitative thresh16 olds or other metrics used to consider the factors 

17 listed in subsection (a)(2) or (b)(2).’’. 

18 SEC. 943. RULE OF CONSTRUCTION. 

19 None of the amendments made by this subtitle shall 

20 be construed as limiting the emergency powers of the Fi21 nancial Stability Oversight Council under section 113(f) 

22 of the Financial Stability Act of 2010 (12 U.S.C. 

23 5323(f)). 


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1 Subtitle D—Improved Account2 ability and Transparency in the 

3 Regulation of Insurance 

4 SEC. 951. SENSE OF CONGRESS. 

5 It is the sense of Congress that the Act of March 

6 9, 1945 (commonly known as the ‘‘McCarran-Ferguson 

7 Act’’; 59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) 

8 remains the preferred approach with respect to regulating 

9 the business of insurance. 

10 SEC. 952. ENSURING THE PROTECTION OF INSURANCE POL11 ICYHOLDERS. 

12 (a) SOURCE OF STRENGTH.—Section 38A of the 

13 Federal Deposit Insurance Act (12 U.S.C. 1831o–1) is 

14 amended— 

15 (1) by redesignating subsections (c), (d), and 

16 (e) as subsections (d), (e), and (f), respectively; and 

17 (2) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) AUTHORITY OF STATE INSURANCE REGU20 LATOR.— 

21 ‘‘(1) IN GENERAL.—The provisions of section 

22 5(g) of the Bank Holding Company Act of 1956 (12 

23 U.S.C. 1844(g)) shall apply to a savings and loan 

24 holding company that is an insurance company, an 

25 affiliate of an insured depository institution that is 


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1 an insurance company, and to any other company 

2 that is an insurance company and that directly or 

3 indirectly controls an insured depository institution, 

4 to the same extent as the provisions of that section 

5 apply to a bank holding company that is an insur6 ance company. 

7 ‘‘(2) RULE OF CONSTRUCTION.—Requiring a 

8 bank holding company that is an insurance com9 pany, a savings and loan holding company that is an 

10 insurance company, an affiliate of an insured deposi11 tory institution that is an insurance company, or any 

12 other company that is an insurance company and 

13 that directly or indirectly controls an insured deposi14 tory institution to serve as a source of financial 

15 strength under this section shall be deemed an ac16 tion of the Board that requires a bank holding com17 pany to provide funds or other assets to a subsidiary 

18 depository institution for purposes of section 5(g) of 

19 the Bank Holding Company Act of 1956 (12 U.S.C. 

20 1844(g)).’’. 

21 (b) LIQUIDATION AUTHORITY.—The Dodd-Frank 

22 Wall Street Reform and Consumer Protection Act (12 

23 U.S.C. 5301 et seq.) is amended— 


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1 (1) in section 203(e)(3) (12 U.S.C. 5383(e)(3)), 

2 by inserting ‘‘or rehabilitation’’ after ‘‘orderly liq3 uidation’’ each place that term appears; and 

4 (2) in section 204(d)(4) (12 U.S.C. 

5 5384(d)(4)), by inserting before the semicolon at the 

6 end the following: ‘‘, except that, if the covered fi7 nancial company or covered subsidiary is an insur8 ance company or a subsidiary of an insurance com9 pany, the Corporation— 

10 ‘‘(A) shall promptly notify the State insur11 ance authority for the insurance company of the 

12 intention to take such lien; and 

13 ‘‘(B) may only take such lien— 

14 ‘‘(i) to secure repayment of funds 

15 made available to such covered financial 

16 company or covered subsidiary; and 

17 ‘‘(ii) if the Corporation determines, 

18 after consultation with the State insurance 

19 authority, that such lien will not unduly 

20 impede or delay the liquidation or rehabili21 tation of the insurance company, or the re22 covery by its policyholders’’. 


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1 SEC. 953. INTERNATIONAL INSURANCE CAPITAL STAND2 ARDS ACCOUNTABILITY. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) the Secretary of the Treasury, the Board of 

6 Governors of the Federal Reserve System, and the 

7 Director of the Federal Insurance Office should sup8 port increasing transparency at any global insurance 

9 or international standard-setting regulatory or su10 pervisory forum in which they participate, including 

11 supporting and advocating for greater public ob12 server access at any such forum; and 

13 (2) to the extent that the Secretary of the 

14 Treasury, the Board of Governors of the Federal 

15 Reserve System, and the Director of the Federal In16 surance Office take a position on an insurance pro17 posal by a global insurance or international stand18 ard-setting regulatory or supervisory forum, the 

19 Board of Governors of the Federal Reserve System 

20 and the Director of the Federal Insurance Office 

21 should achieve consensus positions with State insur22 ance regulators when they are participants rep23 resenting the United States in negotiations on insur24 ance issues before any international forum of finan25 cial regulators or supervisors that considers insur26 ance regulatory issues. 


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1 (b) INSURANCE POLICY ADVISORY COMMITTEE.— 

2 (1) ESTABLISHMENT.—There is established the 

3 Insurance Policy Advisory Committee on Inter4 national Capital Standards and Other Insurance 

5 Issues at the Board of Governors of the Federal Re6 serve System. 

7 (2) MEMBERSHIP.—The Committee established 

8 under paragraph (1) shall be composed of not more 

9 than 21 members, all of whom represent a diverse 

10 set of expert perspectives from the various sectors of 

11 the United States insurance industry, including life 

12 insurance, property and casualty insurance and rein13 surance, agents and brokers, academics, consumer 

14 advocates, or experts on issues facing underserved 

15 insurance communities and consumers. 

16 (c) REPORTS.— 

17 (1) REPORTS AND TESTIMONY BY SECRETARY

18 OF THE TREASURY AND CHAIRMAN OF THE BOARD

19 OF GOVERNORS OF THE FEDERAL RESERVE SYS20 TEM.— 

21 (A) IN GENERAL.—The Secretary of the 

22 Treasury and the Chairman of the Board of 

23 Governors of the Federal Reserve System, or 

24 their designees, shall submit an annual report 

25 and provide annual testimony to the Committee 


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1 on Banking, Housing, and Urban Affairs of the 

2 Senate and the Committee on Financial Serv3 ices of the House of Representatives on the ef4 forts of the Secretary of the Treasury, the 

5 Chairman of the Board of Governors of the 

6 Federal Reserve System, and State insurance 

7 regulators with respect to global insurance or 

8 international standard-setting regulatory or su9 pervisory forums, including— 

10 (i) a description of the insurance reg11 ulatory or supervisory standard-setting 

12 issues under discussion at any inter13 national insurance standard-setting bodies; 

14 (ii) a description of the effects that 

15 proposals discussed at international insur16 ance regulatory or supervisory forums of 

17 insurance could have on consumer and in18 surance markets in the United States; 

19 (iii) a description of any position 

20 taken by the Secretary of the Treasury, 

21 the Chairman of the Board of Governors of 

22 the Federal Reserve System, and the Di23 rector of the Federal Insurance Office in 

24 international insurance discussions; and 


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1 (iv) a description of the efforts by the 

2 Secretary of the Treasury, the Director of 

3 the Federal Insurance Office, and the 

4 Chairman of the Board of Governors of the 

5 Federal Reserve System to increase trans6 parency at any international standard-set7 ting bodies with whom they participate, in8 cluding efforts to provide additional public 

9 access to working groups and committees 

10 of such international insurance standard11 setting bodies. 

12 (B) TERMINATION.—This paragraph shall 

13 cease to be effective on December 31, 2018. 

14 (2) REPORTS AND TESTIMONY BY STATE IN15 SURANCE REGULATORS.—A State insurance regu16 lator may provide testimony to Congress on the 

17 issues described in paragraph (1)(A). 

18 (3) JOINT REPORT BY THE CHAIRMAN OF THE

19 FEDERAL RESERVE AND THE DIRECTOR OF THE

20 FEDERAL INSURANCE OFFICE.— 

21 (A) IN GENERAL.—The Secretary of the 

22 Treasury, the Chairman of the Board of Gov23 ernors of the Federal Reserve System, and the 

24 Director of the Federal Insurance Office, in 

25 consultation with State insurance regulators, 


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1 shall complete a study on, and submit to Con2 gress a report on the results of the study, the 

3 impact on consumers and markets in the 

4 United States before supporting or consenting 

5 to the adoption of any key elements in any 

6 international insurance proposal or inter7 national insurance capital standard. 

8 (B) NOTICE AND COMMENT.— 

9 (i) NOTICE.—The Secretary of the 

10 Treasury, the Chairman of the Board of 

11 Governors of the Federal Reserve System, 

12 and the Director of the Federal Insurance 

13 Office shall provide notice before the date 

14 on which drafting the report described in 

15 subparagraph (A) is commenced and after 

16 the date on which the draft of the report 

17 is completed. 

18 (ii) OPPORTUNITY FOR COMMENT.— 

19 There shall be an opportunity for public 

20 comment for a period beginning on the 

21 date on which the report is submitted 

22 under subparagraph (A) and ending on the 

23 date that is 60 days after the date on 

24 which the report is submitted. 


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1 (C) REVIEW BY COMPTROLLER GEN2 ERAL.—The Secretary of the Treasury, the 

3 Chairman of the Board of Governors of the 

4 Federal Reserve System, and the Director of 

5 the Federal Insurance Office shall submit to the 

6 Comptroller General of the United States the 

7 report described in subparagraph (A) for re8 view. 

9 (4) REPORT ON PROMOTING TRANSPARENCY.— 

10 Not later than 180 days after the date of enactment 

11 of this title, the Chairman of the Board of Gov12 ernors of the Federal Reserve System and the Sec13 retary of the Treasury, or their designees, shall sub14 mit a report and provide testimony to the Committee 

15 on Banking, Housing, and Urban Affairs of the Sen16 ate and the Committee on Financial Services of the 

17 House of Representatives on the efforts of the Sec18 retary of the Treasury and the Chairman of the 

19 Board of Governors of the Federal Reserve System 

20 to improve transparency at any international insur21 ance standard-setting bodies in which they partici22 pate. 


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1 Subtitle E—Improving the Federal 

2 Reserve System 

3 SEC. 961. REPORTS TO CONGRESS. 

4 Section 2B of the Federal Reserve Act (12 U.S.C. 

5 225b) is amended by striking subsection (b) and inserting 

6 the following: 

7 ‘‘(b) QUARTERLY REPORTS TO CONGRESS.— 

8 ‘‘(1) IN GENERAL.—The Federal Open Market 

9 Committee shall, on a quarterly basis, and in such 

10 a manner that 1 report is submitted concurrently 

11 with each semi-annual hearing required by sub12 section (a), submit to the Committee on Banking, 

13 Housing, and Urban Affairs of the Senate and the 

14 Committee on Financial Services of the House of 

15 Representatives a report explaining the policy deci16 sions of the Committee over the prior quarter and 

17 the basis for those decisions. 

18 ‘‘(2) CONTENTS.—The report described in 

19 paragraph (1) shall include— 

20 ‘‘(A) a detailed analysis of the conduct of 

21 monetary policy and economic developments 

22 and prospects for the future, taking into ac23 count past and prospective developments in— 

24 ‘‘(i) employment; 

25 ‘‘(ii) unemployment; 


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1 ‘‘(iii) production; 

2 ‘‘(iv) investment; 

3 ‘‘(v) real income; 

4 ‘‘(vi) productivity; 

5 ‘‘(vii) exchange rates; 

6 ‘‘(viii) international trade and pay7 ments; 

8 ‘‘(ix) prices; 

9 ‘‘(x) inflation expectations; 

10 ‘‘(xi) credit conditions; and 

11 ‘‘(xii) interest rates; 

12 ‘‘(B) a description of any monetary policy 

13 rule or rules used or considered by the Com14 mittee that provides or provide the basis for 

15 monetary policy decisions, including short-term 

16 interest rate targets set by the Committee, open 

17 market operations authorized under section 14, 

18 and interest rates established by the Committee 

19 pursuant to section 19(b)(12), and such de20 scription shall include, at a minimum, for each 

21 rule, a mathematical formula that models how 

22 monetary policy instruments will be adjusted 

23 based on changes in quantitative inputs; 

24 ‘‘(C) a description of any additional strat25 egy or strategies, if any such exist, used by the 


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1 Committee, separate from or supplementary to 

2 any rule or rules described in subparagraph 

3 (B), to affect monetary policy; 

4 ‘‘(D) a detailed explanation of— 

5 ‘‘(i) any deviation in the rule or rules 

6 described in subparagraph (B) in the cur7 rent report from any rule or rules de8 scribed in subparagraph (B) in the most 

9 recent quarterly report; and 

10 ‘‘(ii) any deviation in the strategy or 

11 strategies described in subparagraph (C) in 

12 the current report from any strategy or 

13 strategies described in subparagraph (C) in 

14 the most recent quarterly report; 

15 ‘‘(E) a description of any instruments used 

16 to execute monetary policy by employees of the 

17 Federal Reserve System at the direction of the 

18 Committee, and how such instruments have 

19 been used; 

20 ‘‘(F) a description of the outlook for mone21 tary policy over the short term, medium term, 

22 and long term; and 

23 ‘‘(G) projections of inflation and economic 

24 growth over the short term, medium term, and 

25 long term. 


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1 ‘‘(3) DISSENT.—A member of the Committee 

2 described in section 12A(a) may— 

3 ‘‘(A) dissent from the report submitted 

4 under paragraph (1) in whole or in part; 

5 ‘‘(B) write a dissent expressing the views 

6 of the member, which shall be included as part 

7 of the report submitted to the Committee on 

8 Banking, Housing, and Urban Affairs of the 

9 Senate and the Committee on Financial Serv10 ices of the House of Representatives; and 

11 ‘‘(C) sign a dissent written by another 

12 member of the Committee to express support 

13 for views contained in such dissent.’’. 

14 SEC. 962. TESTIMONY; VOTES; STAFF. 

15 (a) TESTIMONY; VOTES.—Section 10 of the Federal 

16 Reserve Act is amended— 

17 (1) in paragraph (11), as redesignated by sec18 tion 999F(v) of this title, by inserting at the end the 

19 following: ‘‘In the event that no member of the 

20 Board is serving as Vice Chairman for Supervision 

21 at the time such appearance is required, the Chair22 man of the Board of Governors shall appear before 

23 each Committee in the place of the Vice Chairman 

24 for Supervision.’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(12)(A) The Board of Governors of the Fed2 eral Reserve System shall, on a nondelegable basis, 

3 vote on whether to issue any civil money penalty as4 sessment order or settle any other enforcement ac5 tion if the issuance of such order or settlement of 

6 such action involves the payment of not less than 

7 $1,000,000 in compensation, penalties, fines, or 

8 other payments. 

9 ‘‘(B) The results of the vote of each member of 

10 the Board under subparagraph (A) shall promptly 

11 be made publicly available on the website of the 

12 Board.’’. 

13 (b) DELEGATION OF AUTHORITIES; STAFF.—Section 

14 11 of the Federal Reserve Act (12 U.S.C. 248) is amend15 ed— 

16 (1) in subsection (k), by inserting ‘‘and except 

17 as otherwise provided in section 10(12)(A),’’ after 

18 ‘‘credit policies,’’; and 

19 (2) in subsection (l), by inserting ‘‘Of amounts 

20 made available for employees of the Board of Gov21 ernors under this subsection, each member of the 

22 Board of Governors may employ not more than 4 in23 dividuals, with such individuals selected by such 

24 member and the salaries of such individuals set by 

25 such member.’’ after the period at the end. 


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1 SEC. 963. TRANSPARENCY AT THE FEDERAL OPEN MARKET 

2 COMMITTEE. 

3 Section 12A of the Federal Reserve Act (12 U.S.C. 

4 263) is amended by adding at the end the following: 

5 ‘‘(d) Not later than 3 years after the date on which 

6 a meeting of the Committee is held, the Committee shall 

7 publish the transcript of the meeting.’’. 

8 SEC. 964. INTEREST RATES ON BALANCES MAINTAINED AT 

9 A FEDERAL RESERVE BANK BY DEPOSITORY 

10 INSTITUTIONS. 

11 Section 19(b)(12)(A) of the Federal Reserve Act (12 

12 U.S.C. 461(b)(12)(A)) is amended by inserting ‘‘estab13 lished by the Federal Open Market Committee’’ after 

14 ‘‘rate or rates’’. 

15 SEC. 965. COMMISSION FOR RESTRUCTURING THE FED16 ERAL RESERVE SYSTEM. 

17 (a) ESTABLISHMENT.—There is established an inde18 pendent commission to be known as the ‘‘Federal Reserve 

19 System Restructuring Commission’’ (referred to in this 

20 section as the ‘‘Commission’’). 

21 (b) MEMBERSHIP.— 

22 (1) IN GENERAL.—The Commission shall be 

23 composed of 7 members as follows: 

24 (A) 2 members appointed by the Speaker 

25 of the House of Representatives. 


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1 (B) 2 members appointed by the majority 

2 leader of the Senate. 

3 (C) 1 member appointed by the minority 

4 leader of the House of Representatives. 

5 (D) 1 member appointed by the minority 

6 leader of the Senate. 

7 (E) 1 member appointed by the President. 

8 (2) CHAIRMAN.—Once the members of the 

9 Commission have been appointed, the members shall 

10 designate 1 of the members to be Chairman of the 

11 Commission. 

12 (3) VACANCIES.—Any vacancy in the Commis13 sion shall be filled in the same manner as the origi14 nal appointment. 

15 (c) DUTIES.— 

16 (1) STUDY.— 

17 (A) IN GENERAL.—The Commission shall 

18 conduct a study on whether it is appropriate to 

19 restructure the Federal Reserve districts, in20 cluding an analysis on potential benefits and 

21 costs of restructuring. 

22 (B) CONSIDERATIONS.—In determining 

23 whether such restructuring is appropriate, the 

24 Commission shall specifically consider the im25 pact of restructuring with respect to— 


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1 (i) maximizing operational effective2 ness within the Federal Reserve System 

3 while minimizing operational costs; 

4 (ii) maximizing the effectiveness of su5 pervisory and regulatory functions while 

6 minimizing potential for regulatory cap7 ture; and 

8 (iii) monetary policy decision-making. 

9 (C) PROPOSALS.—The Commission shall— 

10 (i) consider various proposals to re11 structure the existing Federal Reserve dis12 tricts, including proposals to— 

13 (I) increase the number of exist14 ing Federal Reserve districts, includ15 ing a proposal to divide the Federal 

16 Reserve district in which the Federal 

17 Reserve Bank of San Francisco is 

18 contained into 2 or more separate dis19 tricts while retaining the existing 

20 structure for the remaining Federal 

21 Reserve districts; 

22 (II) decrease the number of exist23 ing Federal Reserve districts; 

24 (III) restructure the existing 

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1 creasing or decreasing the number of 

2 existing Federal Reserve districts; and 

3 (IV) reassign specific functions 

4 and duties, including supervisory and 

5 regulatory functions, to different Fed6 eral Reserve banks within the Federal 

7 Reserve System, including functions 

8 and duties performed by the Board; 

9 and 

10 (ii) determine which of the proposals 

11 considered under clause (i) are the optimal 

12 approaches to restructuring the existing 

13 Federal Reserve districts pursuant to sub14 clauses (I), (II), (III), and (IV) of clause 

15 (i). 

16 (2) RECOMMENDATION.—The Commission 

17 shall, based on the proposals considered under para18 graph (1)(C), develop a recommendation on the opti19 mal organization of the Federal Reserve System 

20 that— 

21 (A) maximizes— 

22 (i) the operational effectiveness within 

23 the Federal Reserve System while mini24 mizing operational costs; and 


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1 (ii) the effectiveness of supervisory 

2 and regulatory functions while minimizing 

3 potential for regulatory capture; and 

4 (B) takes into account the impact of re5 structuring on monetary policy decision-making. 

6 (3) REPORT.—Not later than 18 months after 

7 the date of enactment of this title, the Commission 

8 shall submit to the Committee on Banking, Housing, 

9 and Urban Affairs of the Senate and the Committee 

10 on Financial Services of the House of Representa11 tives, and also furnish copies to the President and 

12 the Board of Governors of the Federal Reserve Sys13 tem, a report that includes— 

14 (A) the recommendation described in para15 graph (2); 

16 (B) a description of the proposals consid17 ered under paragraph (1)(C)(i); 

18 (C) a description of the proposals deter19 mined to be optimal under paragraph (1)(C)(ii); 

20 (D) an analysis of the benefits and costs of 

21 each of the proposals described in subparagraph 

22 (B), including, with respect to each proposal, an 

23 analysis of— 

24 (i) the operational benefits and costs 

25 to the Federal Reserve System; 


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1 (ii) the impact on supervision of fi2 nancial institutions and nonbank financial 

3 institutions supervised by the Federal Re4 serve banks; and 

5 (iii) the impact on monetary policy de6 cision-making; 

7 (E) an analysis of— 

8 (i) any specific benefits and costs re9 sulting from the increase in total number 

10 of Federal Reserve districts; and 

11 (ii) any specific benefits and costs re12 sulting from the decrease in total number 

13 of Federal Reserve districts, including an 

14 evaluation of savings to the Federal Re15 serve System through streamlining and 

16 elimination of duplicated functions; 

17 (F) a determination of— 

18 (i) whether the benefits of restruc19 turing the existing Federal Reserve dis20 tricts without increasing or decreasing the 

21 number of existing Federal Reserve dis22 tricts outweigh the costs; 

23 (ii) whether the benefits of increasing 

24 or decreasing the number of existing Fed25 eral Reserve districts outweigh the costs; 


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1 (iii) whether the benefits of reas2 signing functions and duties to different 

3 Federal Reserve banks within the Federal 

4 Reserve System outweigh the costs; and 

5 (iv) the optimal number of Federal 

6 Reserve districts in order for the Federal 

7 Reserve System to fulfill its statutory role 

8 in the most efficient and cost-effective 

9 manner; and 

10 (G) a description of the methodology used 

11 by the Commission to reach the conclusions for 

12 the report. 

13 (d) POWERS OF THE COMMISSION.—The Commission 

14 may lease space and acquire personal property to the ex15 tent funds are available. 

16 (e) COMMISSION PERSONNEL MATTERS.— 

17 (1) COMPENSATION OF MEMBERS.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), each member of the Com20 mission who is not an officer or employee of the 

21 Federal Government shall be compensated at a 

22 rate equal to the daily equivalent of the annual 

23 rate of basic pay prescribed for level IV of the 

24 Executive Schedule under section 5315 of title 

25 5, United States Code, for each day (including 


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1 travel time) during which such member is en2 gaged in the performance of the duties of the 

3 Commission. All members of the Commission 

4 who are officers or employees of the United 

5 States shall serve without compensation in addi6 tion to that received for their services as offi7 cers or employees of the United States. 

8 (B) COMPENSATION OF CHAIRMAN.—The 

9 Chairman of the Commission shall be com10 pensated at a rate equal to the daily equivalent 

11 of the minimum annual rate of basic pay pay12 able for level III of the Executive Schedule 

13 under section 5314, of title 5, United States 

14 Code. 

15 (2) TRAVEL EXPENSES.—The members of the 

16 Commission shall be allowed travel expenses, includ17 ing per diem in lieu of subsistence, at rates author18 ized for employees of agencies under subchapter I of 

19 chapter 57 of title 5, United States Code, while 

20 away from their homes or regular places of business 

21 in the performance of services for the Commission. 

22 (3) DIRECTOR AND STAFF.— 

23 (A) DIRECTOR OF STAFF.—The Commis24 sion shall appoint a Director, who shall be paid 

25 at the rate of basic pay payable for level IV of 


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1 the Executive Schedule under section 5315 of 

2 title 5, United States Code. 

3 (B) STAFF.— 

4 (i) IN GENERAL.—Subject to clauses 

5 (ii) and (iii), the Director, with the ap6 proval of the Commission, may appoint 

7 and fix the pay of additional personnel. 

8 (ii) APPLICABILITY.—The Director 

9 may make such appointments without re10 gard to the provisions of title 5, United 

11 States Code, governing appointments in 

12 the competitive service, and any personnel 

13 so appointed may be paid without regard 

14 to the provisions of chapter 51 and sub15 chapter III of chapter 53 of that title re16 lating to classification and General Sched17 ule pay rates, except that an individual so 

18 appointed may not receive pay in excess of 

19 the annual rate of basic pay prescribed for 

20 level V of the Executive Schedule under 

21 section 5316 of that title. 

22 (iii) DETAIL OF GOVERNMENT EM23 PLOYEES.— 

24 (I) IN GENERAL.—Upon request 

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1 eral department or agency, including 

2 the Comptroller General of the United 

3 States, may detail any of the per4 sonnel of that department or agency 

5 to the Commission to assist the Com6 mission in carrying out its duties 

7 under this section. 

8 (II) LIMITATIONS.— 

9 (aa) DETAIL OF EMPLOYEES

10 FROM FEDERAL RESERVE SYSTEM.—Not more than 1 11 ⁄5 of the 

12 personnel employed by or detailed 

13 to the Commission may be on de14 tail from the Federal Reserve 

15 System. 

16 (bb) DETAIL OF EMPLOYEES

17 FROM OTHER FEDERAL AGENCIES.—Not more than 1 18 ⁄5 of the 

19 personnel employed by or detailed 

20 to the Commission may be on de21 tail from any Federal department 

22 or agency other than the Federal 

23 Reserve System. 

24 (iv) EXPERTS AND CONSULTANTS.— 

25 The Commission may procure by contract 


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1 the temporary or intermittent services of 

2 experts or consultants pursuant to section 

3 3109(b) of title 5, United States Code, at 

4 rates for individuals which do not to exceed 

5 the daily equivalent of the annual rate of 

6 basic pay for a comparable position paid 

7 under the General Schedule. 

8 (C) RULE OF CONSTRUCTION.—Any indi9 vidual employed by the Commission under this 

10 paragraph, including any expert or consultant 

11 under contract pursuant to subparagraph 

12 (B)(iv), shall be considered staff for the dura13 tion of such employment of such individual for 

14 the purposes of this section. 

15 (f) PROHIBITION AGAINST RESTRICTING COMMU16 NICATIONS.—No person may restrict an employee of the 

17 Federal Reserve System from communicating with a mem18 ber or staff of the Commission, and no person may take 

19 (or threaten to take) an unfavorable personnel action, or 

20 withhold (or threaten to withhold) a favorable personnel 

21 action, as a reprisal for such communication. 

22 (g) CONFIDENTIAL INFORMATION.—No member or 

23 staff of the Commission shall request, either in writing 

24 or verbally, that any employee of the Federal Reserve Sys25 tem provide— 


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1 (1) nonpublic information or documents con2 cerning or related to monetary policy deliberations; 

3 or 

4 (2) confidential supervisory information. 

5 (h) DISCLOSURE OF NONPUBLIC INFORMATION.— 

6 Any member or staff of the Commission that obtains non7 public information from the Federal Reserve System or 

8 any employee of the Federal Reserve System shall main9 tain the confidentiality of such information. 

10 (i) AUDIT.— 

11 (1) IN GENERAL.—The Comptroller General of 

12 the United States shall annually audit the financial 

13 transactions of the Commission in accordance with 

14 the United States generally accepted government au15 diting standards, as may be prescribed by the Comp16 troller General of the United States. 

17 (2) LOCATION OF AUDIT.—An audit under 

18 paragraph (1) shall be conducted at any place where 

19 accounts of the Commission are normally kept. 

20 (3) ACCESS.— 

21 (A) IN GENERAL.—The representatives of 

22 the Government Accountability Office shall have 

23 access, in accordance with section 716(c) of 

24 title 31, United States Code, to— 


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1 (i) the Chairman of the Commission, 

2 members of the Commission, and staff of 

3 the Commission; and 

4 (ii) all books, accounts, documents, 

5 papers, records (including electronic 

6 records), reports, files, property, or other 

7 information belonging to or under the con8 trol of or used or employed by the Com9 mission pertaining to its financial trans10 actions and necessary to facilitate the 

11 audit. 

12 (B) VERIFICATION OF TRANSACTIONS.— 

13 Representatives of the Government Account14 ability Office shall be afforded full facilities for 

15 verifying transactions with the balances or secu16 rities held by depositories, fiscal agents, and 

17 custodians. 

18 (4) CUSTODY OF DOCUMENTS AND PROP19 ERTY.—All books, accounts, documents, papers, 

20 records, reports, files, property, or other information 

21 described in paragraph (3)(A)(ii) shall remain in 

22 possession and custody of the Commission. 

23 (5) COPIES.—The Comptroller General of the 

24 United States may make copies of any books, ac25 counts, documents, papers, records, reports, files, 


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1 property, or other information described in para2 graph (3)(A)(ii) without cost to the Comptroller 

3 General. 

4 (6) SERVICES.—In conducting an audit under 

5 this subsection, the Comptroller General of the 

6 United States may employ by contract, without re7 gard to section 3709 of the Revised Statutes (41 

8 U.S.C. 6101), professional services of firms and or9 ganizations of certified public accountants for tem10 porary periods or for special purposes. 

11 (7) REIMBURSEMENT.— 

12 (A) IN GENERAL.—Upon the request of 

13 the Comptroller General of the United States, 

14 the Chairman of the Commission shall transfer 

15 to the Government Accountability Office from 

16 funds made available to the Commission the 

17 amount requested by the Comptroller General 

18 to cover the full costs of any audit and report 

19 conducted by the Comptroller General. 

20 (B) CREDIT.—The Comptroller General of 

21 the United States shall credit funds transferred 

22 under subparagraph (A) to the account estab23 lished for salaries and expenses of the Govern24 ment Accountability Office, and such amount 

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1 cal year limitation to cover the full costs of the 

2 audit and report. 

3 (8) REPORT.—The Comptroller General of the 

4 United States shall submit to the Committee on 

5 Banking, Housing, and Urban Affairs of the Senate 

6 and the Committee on Financial Services of the 

7 House of Representatives, and also furnish copies to 

8 the President and the Commission, a report of each 

9 annual audit conducted under this subsection, in10 cluding— 

11 (A) the scope of the audit; 

12 (B) the statement of assets and liabilities 

13 and surplus or deficit; 

14 (C) the statement of income and expenses; 

15 (D) the statement of sources and applica16 tion of funds; 

17 (E) such comments and information as the 

18 Comptroller General determines is necessary to 

19 inform the Committee on Banking, Housing, 

20 and Urban Affairs of the Senate and the Com21 mittee on Financial Services of the House of 

22 Representatives of the financial operations and 

23 condition of the Commission; and 

24 (F) such recommendations that the Comp25 troller General may deem advisable. 


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1 (j) TERMINATION.—The Commission shall terminate 

2 not later than on December 31, 2020. 

3 (k) FUNDING.— 

4 (1) IN GENERAL.—Beginning on the first quar5 ter of the fiscal year after the date on which the 

6 Commission is established, and in each quarter of a 

7 fiscal year thereafter, the Board of Governors of the 

8 Federal Reserve System shall transfer to the Com9 mission, from the combined earnings of the Federal 

10 Reserve System, the amount determined by the 

11 Chairman of the Commission to be reasonably nec12 essary to carry out the authorities of the Commis13 sion pursuant to this section, taking into account 

14 such other sums made available to the Commission 

15 in preceding quarters, to be available without fiscal 

16 year limitation and not subject to appropriation. 

17 (2) REVIEWABILITY.—Notwithstanding any 

18 other provision in this section, the funds derived 

19 from the Federal Reserve System pursuant to this 

20 subsection shall not be subject to review by the Com21 mittee on Appropriations of the Senate or the Com22 mittee on Appropriations of the House of Represent23 atives. 

24 (l) FEDERAL RESERVE DISTRICTS.—The first undes25 ignated paragraph of section 2 of the Federal Reserve Act 


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1 (38 Stat. 251, chapter 6) is amended by inserting ‘‘, ex2 cept as otherwise provided under section 965 of the Finan3 cial Regulatory Improvement Act of 2015’’ after ‘‘orga4 nized’’. 

5 SEC. 966. GAO STUDY ON SUPERVISION. 

6 (a) IN GENERAL.—The Comptroller General of the 

7 United States shall conduct a study on the effectiveness 

8 of supervision by the Board of Governors of the Federal 

9 Reserve System and each Federal Reserve bank of— 

10 (1) bank holding companies subject to the re11 quirements of section 165 of the Financial Stability 

12 Act of 2010 (12 U.S.C. 5365) on the date of enact13 ment of this title; and 

14 (2) nonbank financial companies subject to a 

15 determination under subsection (a) or (b) of section 

16 113 of the Financial Stability Act of 2010 (12 

17 U.S.C. 5323). 

18 (b) REPORT.—Not later than 18 months after the 

19 date of enactment of this title, the Comptroller General 

20 of the United States shall submit to the Committee on 

21 Banking, Housing, and Urban Affairs of the Senate and 

22 the Committee on Financial Services of the House of Rep23 resentatives a report based on the study required under 

24 subsection (a) that includes— 

25 (1) an analysis of— 


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1 (A) the effectiveness of the delegation of 

2 functions by the Board of Governors of the 

3 Federal Reserve System in accordance with sec4 tion 11(k) of the Federal Reserve Act (12 

5 U.S.C. 248(k)); 

6 (B) the effectiveness of supervision dele7 gated to each Federal Reserve bank by the 

8 Board of Governors of the Federal Reserve Sys9 tem, including whether and how the relation10 ships between each Federal Reserve bank and 

11 the institutions that each Federal Reserve bank 

12 supervises impact the effectiveness of super13 vision; 

14 (C) the propriety of the relationship be15 tween each Federal Reserve bank and the insti16 tutions that each Federal Reserve bank super17 vises, including any potential conflicts of inter18 est, and whether and how such relationships 

19 impact the effectiveness of supervision; 

20 (D) the role played by the Large Institu21 tion Supervision Coordinating Committee of the 

22 Board of Governors of the Federal Reserve Sys23 tem, the interactions between the Committee 

24 and the Federal Reserve banks, and the effec25 tiveness of the Committee; and 


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1 (E) any other factors that could negatively 

2 influence the effectiveness of supervision by any 

3 Federal Reserve bank or the Board of Gov4 ernors of the Federal Reserve System; 

5 (2) an evaluation of whether additional steps 

6 should be taken by the Board of Governors of the 

7 Federal Reserve System, each Federal Reserve bank, 

8 or Congress to improve the effectiveness of super9 vision at each Federal Reserve bank and the Board 

10 of Governors of the Federal Reserve System; and 

11 (3) recommendations to improve the effective12 ness of supervision at each Federal Reserve bank 

13 and the Board of Governors of the Federal Reserve 

14 System. 

15 (c) EVALUATION.—As part of the study required 

16 under subsection (a), the Comptroller General of the 

17 United States shall separately evaluate the effectiveness 

18 of supervision at the Board of Governors of the Federal 

19 Reserve System and at each Federal Reserve bank. 

20 SEC. 967. FEDERAL RESERVE STUDY ON NONBANK SUPER21 VISION. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of enactment of this title, and not less than once 

24 every 2 years thereafter, the Board of Governors of the 

25 Federal Reserve System shall submit to the Committee on 


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1 Banking, Housing, and Urban Affairs of the Senate and 

2 the Committee on Financial Services of the House of Rep3 resentatives a report regarding how the Board plans to 

4 supervise and regulate nonbank financial companies sub5 ject to a determination under subsection (a) or (b) of sec6 tion 113 of the Financial Stability Act of 2010 (12 U.S.C. 

7 5323) that includes, with respect to nonbank financial 

8 companies— 

9 (1) a specific supervisory and regulatory frame10 work, differentiating among nonbank financial com11 panies on an individual basis or by category, taking 

12 into consideration the capital structure, riskiness, 

13 complexity (including the financial activities of any 

14 subsidiaries), size, and any other risk-related factors 

15 that the Board of Governors of the Federal Reserve 

16 System determines is appropriate; 

17 (2) an assessment of the relevant experience 

18 and expertise of staff of the Federal Reserve System 

19 assigned to such supervision and regulation; 

20 (3) a description of— 

21 (A) the method for evaluating safety and 

22 soundness; 

23 (B) the frequency of examinations; 

24 (C) the criteria that will be examined; and 


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1 (D) coordination with Federal and State 

2 regulators, including efforts to minimize dupli3 cative supervision and regulation, if appro4 priate; and 

5 (4) an explanation of how the approach to su6 pervision and regulation of nonbank financial com7 panies differs from supervision and regulation of 

8 bank holding companies and member banks. 

9 (b) SUNSET.—This section shall terminate on the 

10 date that is 10 years after the date of enactment of this 

11 title. 

12 SEC. 968. FEDERAL RESERVE BANK GOVERNANCE. 

13 (a) IN GENERAL.—Section 4 of the Federal Reserve 

14 Act is amended— 

15 (1) in paragraph (4) (12 U.S.C. 341)— 

16 (A) by striking ‘‘power—’’ and inserting 

17 ‘‘power, except as provided in paragraph (25)— 

18 ’’; and 

19 (B) by inserting ‘‘except that the first vice 

20 president of the Federal Reserve Bank of New 

21 York shall be appointed by the Class B and 

22 Class C directors of the bank, with the approval 

23 of the Board of Governors of the Federal Re24 serve System, for a term of 5 years,’’ after ‘‘as 

25 the president,’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(25) SELECTION OF THE PRESIDENT OF THE

3 FEDERAL RESERVE BANK OF NEW YORK.—Notwith4 standing any other provision of this section, the 

5 president of the Federal Reserve Bank of New York 

6 shall be appointed by the President, by and with the 

7 advice and consent of the Senate, for terms of 5 

8 years. 

9 ‘‘(26) TESTIMONY.—The president of the Fed10 eral Reserve Bank of New York, on an annual basis, 

11 shall provide testimony to the Committee on Bank12 ing, Housing, and Urban Affairs of the Senate and 

13 the Committee on Financial Services of the House of 

14 Representatives.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) shall take effect on the date of enactment 

17 of this title and apply to appointments for the president 

18 of the Federal Reserve Bank of New York made on and 

19 after that effective date. 


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1 Subtitle F—Improved Access to 

2 Capital and Tailored Regulation 

3 in the Financial Markets 

4 SEC. 971. HOLDING COMPANY REGISTRATION THRESHOLD 

5 EQUALIZATION. 

6 The Securities Exchange Act of 1934 (15 U.S.C. 78a 

7 et seq.) is amended— 

8 (1) in section 12(g) (15 U.S.C. 78l(g))— 

9 (A) in paragraph (1)(B), by inserting ‘‘, a 

10 savings and loan holding company (as defined 

11 in section 10(a) of the Home Owners’ Loan Act 

12 (12 U.S.C. 1467a(a))),’’ after ‘‘is a bank’’; and 

13 (B) in paragraph (4), by inserting ‘‘, a 

14 savings and loan holding company (as defined 

15 in section 10(a) of the Home Owners’ Loan Act 

16 (12 U.S.C. 1467a(a))),’’ after ‘‘case of a bank’’; 

17 and 

18 (2) in section 15(d)(1) (15 U.S.C. 78o(d)(1)), 

19 by striking ‘‘case of bank’’ and inserting ‘‘case of a 

20 bank, a savings and loan holding company (as de21 fined in section 10(a) of the Home Owners’ Loan 

22 Act (12 U.S.C. 1467a(a))),’’. 


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1 SEC. 972. INCREASED THRESHOLD FOR DISCLOSURES RE2 LATING TO COMPENSATORY BENEFIT PLANS. 

3 Not later than 60 days after the date of enactment 

4 of this title, the Securities and Exchange Commission 

5 shall revise section 230.701(e) of title 17, Code of Federal 

6 Regulations, to increase from $5,000,000 to $10,000,000 

7 the aggregate sales price or amount of securities sold dur8 ing any consecutive 12-month period in excess of which 

9 the issuer is required under such section to deliver an ad10 ditional disclosure to investors. The Securities and Ex11 change Commission shall index for inflation such aggre12 gate sales price or amount every 5 years to reflect the 

13 change in the Consumer Price Index for All Urban Con14 sumers published by the Bureau of Labor Statistics, 

15 rounding to the nearest $1,000,000. 

16 SEC. 973. REPEAL OF INDEMNIFICATION REQUIREMENTS. 

17 (a) DERIVATIVES CLEARING ORGANIZATIONS.—Sec18 tion 5b(k)(5) of the Commodity Exchange Act (7 U.S.C. 

19 7a–1(k)(5)) is amended to read as follows: 

20 ‘‘(5) CONFIDENTIALITY AGREEMENT.—Before 

21 the Commission may share information with any en22 tity described in paragraph (4), the Commission 

23 shall receive a written agreement from each entity 

24 stating that the entity shall abide by the confiden25 tiality requirements described in section 8 relating to 


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1 the information on swap transactions that is pro2 vided.’’. 

3 (b) SWAP DATA REPOSITORIES.—Section 21(d) of 

4 the Commodity Exchange Act (7 U.S.C. 24a(d)) is amend5 ed to read as follows: 

6 ‘‘(d) CONFIDENTIALITY AGREEMENT.—Before the 

7 swap data repository may share information with any enti8 ty described in subsection (c)(7), the swap data repository 

9 shall receive a written agreement from each entity stating 

10 that the entity shall abide by the confidentiality require11 ments described in section 8 relating to the information 

12 on swap transactions that is provided.’’. 

13 (c) SECURITY-BASED SWAP DATA REPOSITORIES.— 

14 Section 13(n)(5) of the Securities Exchange Act of 1934 

15 (15 U.S.C. 78m(n)(5)) is amended— 

16 (1) in subparagraph (G)— 

17 (A) in the matter preceding clause (i), by 

18 striking ‘‘all’’ and inserting ‘‘security-based 

19 swap’’; and 

20 (B) in clause (v)— 

21 (i) in subclause (II), by striking ‘‘; 

22 and’’ and inserting a semicolon; 

23 (ii) in subclause (III), by striking the 

24 period at the end and inserting ‘‘; and’’; 

25 and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(IV) other foreign authorities.’’; 

4 and 

5 (2) by striking subparagraph (H) and inserting 

6 the following: 

7 ‘‘(H) CONFIDENTIALITY AGREEMENT.— 

8 Before the security-based swap data repository 

9 may share information with any entity de10 scribed in subparagraph (G), the security-based 

11 swap data repository shall receive a written 

12 agreement from each entity stating that the en13 tity shall abide by the confidentiality require14 ments described in section 24 relating to the in15 formation on security-based swap transactions 

16 that is provided.’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect as if enacted as part of the 

19 Dodd-Frank Wall Street Reform and Consumer Protec20 tion Act (Public Law 111–203). 

21 SEC. 974. IMPROVING ACCESS TO CAPITAL FOR EMERGING 

22 GROWTH COMPANIES. 

23 Section 6(e)(1) of the Securities Act of 1933 (15 

24 U.S.C. 77f(e)(1)) is amended by adding at the end the 

25 following: ‘‘An issuer that was an emerging growth comVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 pany at the time it submitted a confidential registration 

2 statement or, in lieu thereof, a publicly filed registration 

3 statement for review under this subsection but ceases to 

4 be an emerging growth company thereafter shall continue 

5 to be treated as an emerging growth company for the pur6 poses of this subsection through the earlier of the date 

7 on which the issuer consummates its initial public offering 

8 pursuant to such registration statement or the end of the 

9 1-year period beginning on the date on which the company 

10 ceases to be an emerging growth company.’’. 

11 Subtitle G—Taxpayer Protections 

12 and Market Access for Mortgage 

13 Finance 

14 SEC. 981. DEFINITIONS. 

15 In this title: 

16 (1) AGENCY.—The term ‘‘Agency’’ means the 

17 Federal Housing Finance Agency. 

18 (2) BACK-END RISK SHARING.—The term 

19 ‘‘back-end risk sharing’’ means any risk-sharing 

20 transaction that allows an enterprise to share single21 family mortgage credit risk that is on the balance 

22 sheet of the enterprise with the private sector. 

23 (3) BOARD OF DIRECTORS.—The term ‘‘Board 

24 of Directors’’ means the Board of Directors estab25 lished under section 985(c)(1). 


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1 (4) COMMON SECURITIZATION SOLUTIONS.— 

2 The term ‘‘Common Securitization Solutions’’ or 

3 ‘‘CSS’’ means Common Securitization Solutions, 

4 LLC, the joint venture formed by the enterprises in 

5 October 2013, or any successor to Common 

6 Securitization Solutions, LLC, that is a joint ven7 ture of the enterprises. 

8 (5) CONTRACTUAL AND DISCLOSURE FRAME9 WORK.—The term ‘‘contractual and disclosure 

10 framework’’ means a contractual and disclosure 

11 framework for securitization of mortgage loans by 

12 an entity other than an enterprise. 

13 (6) ENTERPRISE.—The term ‘‘enterprise’’ has 

14 the meaning given that term in section 1303 of the 

15 Federal Housing Enterprises Financial Safety and 

16 Soundness Act of 1992 (12 U.S.C. 4502). 

17 (7) FIRST LOSS POSITION; FRONT-END RISK

18 SHARING; RISK-SHARING TRANSACTION.—The terms 

19 ‘‘first loss position’’, ‘‘front-end risk sharing’’, and 

20 ‘‘risk-sharing transaction’’ have the meanings given 

21 those terms in section 1328(a) of the Federal Hous22 ing Enterprises Financial Safety and Soundness Act 

23 of 1992, as added by section 986(b)(1). 

24 (8) GUARANTEE FEE.—The term ‘‘guarantee 

25 fee’’— 


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1 (A) means a fee in connection with any 

2 guarantee of the timely payment of principal 

3 and interest on securities, notes, and other obli4 gations based on or backed by mortgages on 

5 residential real properties designed principally 

6 for occupancy of from 1 to 4 families; and 

7 (B) includes— 

8 (i) the guaranty fee charged by the 

9 Federal National Mortgage Association 

10 with respect to mortgage-backed securities; 

11 and 

12 (ii) the management and guarantee 

13 fee charged by the Federal Home Loan 

14 Mortgage Corporation with respect to par15 ticipation certificates. 

16 (9) PLATFORM.—The term ‘‘Platform’’ means 

17 the securitization platform first described by the 

18 paper issued by the Agency on October 4, 2012 enti19 tled ‘‘Building a New Infrastructure for the Sec20 ondary Mortgage Market’’, and updated in subse21 quent documents released by the Agency, including 

22 annual strategic plans for the conservatorship of the 

23 enterprises and annual conservatorship scorecards. 

24 (10) PRIVATE SUCCESSOR.—The term ‘‘private 

25 successor’’ means the private, nonprofit entity reVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ferred to in section 985(g) to which CSS transitions 

2 the Platform and the contractual and disclosure 

3 framework, including any associated intellectual 

4 property, technology, systems, and infrastructure, in 

5 accordance with this title. 

6 (11) SECOND LOSS POSITION.—The term ‘‘sec7 ond loss position’’ means, with respect to a risk8 sharing transaction, the position to which any credit 

9 losses on a security resulting from the nonperform10 ance of underlying mortgage loans will accrue and 

11 be absorbed after a first loss position, to the full ex12 tent of a holder’s interest in such position. 

13 (12) SECRETARY.—The term ‘‘Secretary’’ 

14 means the Secretary of the Treasury. 

15 (13) SENIOR PREFERRED STOCK PURCHASE

16 AGREEMENT.—The term ‘‘Senior Preferred Stock 

17 Purchase Agreement’’ means— 

18 (A) the Amended and Restated Senior Pre19 ferred Stock Purchase Agreement, dated Sep20 tember 26, 2008, as such Agreement has been 

21 amended on May 6, 2009, December 24, 2009, 

22 and August 17, 2012, respectively, and as such 

23 Agreement may be further amended and re24 stated, entered into between the Department of 


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1 the Treasury and each enterprise, as applicable; 

2 and 

3 (B) any provision of any certificate in con4 nection with such Agreement creating or desig5 nating the terms, powers, preferences, privi6 leges, limitations, or any other conditions of the 

7 Variable Liquidation Preference Senior Pre8 ferred Stock of an enterprise issued or sold pur9 suant to such Agreement. 

10 SEC. 982. PROHIBITING THE USE OF GUARANTEE FEES AS 

11 AN OFFSET. 

12 (a) IN GENERAL.—In the Senate and the House of 

13 Representatives, for purposes of determining budgetary 

14 impacts to evaluate points of order under the Congres15 sional Budget Act of 1974, any previous budget resolution, 

16 and any subsequent budget resolution, provisions con17 tained in any bill, resolution, amendment, motion, or con18 ference report that increase, or extend the increase of, any 

19 guarantee fee of an enterprise shall not be scored with 

20 respect to the level of budget authority, outlays, or reve21 nues contained in such legislation. 

22 (b) EXCEPTION.—The prohibition in subsection (a) 

23 shall not apply to any legislation that— 

24 (1) includes a specific instruction to the Sec25 retary on the sale, transfer, relinquishment, liquidaVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 tion, divestiture, or other disposition of senior pre2 ferred stock acquired pursuant to the Senior Pre3 ferred Stock Purchase Agreement; and 

4 (2) provides for an increase, or extension of an 

5 increase, of any guarantee fee of an enterprise to be 

6 used for the purpose of financing reforms to the sec7 ondary mortgage market. 

8 SEC. 983. LIMITATIONS ON SALE OF PREFERRED STOCK. 

9 Notwithstanding any other provision of law or any 

10 provision of the Senior Preferred Stock Purchase Agree11 ment, the Secretary may not sell, transfer, relinquish, liq12 uidate, divest, or otherwise dispose of any outstanding 

13 shares of senior preferred stock acquired pursuant to the 

14 Senior Preferred Stock Purchase Agreement, until such 

15 time as Congress has passed and the President has signed 

16 into law legislation that includes a specific instruction to 

17 the Secretary regarding the sale, transfer, relinquishment, 

18 liquidation, divestiture, or other disposition of the senior 

19 preferred stock so acquired. 

20 SEC. 984. SECONDARY MARKET ADVISORY COMMITTEE. 

21 Not later than 90 days after the date of enactment 

22 of this title, the Agency shall direct the enterprises and 

23 CSS to establish the Secondary Market Advisory Com24 mittee, which shall— 


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1 (1) provide advice to the enterprises and CSS 

2 on decisions relating to the development of sec3 ondary mortgage market infrastructure; and 

4 (2) include private market participants rep5 resenting multiple aspects of the mortgage market, 

6 including mortgage lenders, poolers of mortgage7 backed securities, and investors of mortgage-backed 

8 securities. 

9 SEC. 985. SECURITIZATION PLATFORM. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

12 (1) at the direction of the Agency, the enter13 prises have established a joint venture called Com14 mon Securitization Solutions intended to facilitate 

15 the issuance of mortgage-backed securities through 

16 the Platform; 

17 (2) at the direction of the Agency, the develop18 ment of the Platform is currently geared toward the 

19 issuance of mortgage-backed securities by the enter20 prises; 

21 (3) as soon as practicable, the capacity and 

22 functionality of the Platform should be expanded to 

23 facilitate the issuance of mortgage-backed securities 

24 by issuers other than the enterprises, and CSS 

25 should undertake to develop the contractual and disVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 closure framework for issuers other than the enter2 prises; 

3 (4) the property of the enterprises, including in4 tellectual property, technology, systems, and infra5 structure (including technology, systems, and infra6 structure developed by the enterprises for the Plat7 form), as well as any other legacy systems, infra8 structure, processes, and the Platform itself are val9 uable assets of the enterprises; and 

10 (5) the enterprises should receive appropriate 

11 compensation for the transfer of any such assets. 

12 (b) REPORTS TO CONGRESS.— 

13 (1) ANNUAL REPORT ON DEVELOPMENT.—Not 

14 later than 1 year after the date of enactment of this 

15 title, and every year thereafter, the Agency shall 

16 submit to Congress a report on the status of the de17 velopment of the Platform and the contractual and 

18 disclosure framework, which shall include— 

19 (A) the projected timelines for— 

20 (i) completing development of the 

21 Platform to support the securitization 

22 needs of the enterprises; and 

23 (ii) completing development of the 

24 Platform and the contractual and disclo25 sure framework to support the 


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1 securitization needs of issuers other than 

2 the enterprises; and 

3 (B) the projected budget for the develop4 ment of the Platform and the contractual and 

5 disclosure framework. 

6 (2) REPORT ON TRANSITION.—Not later than 3 

7 years after the date of enactment of this title, the 

8 Agency shall develop a plan, and submit to the Com9 mittee on Banking, Housing and Urban Affairs of 

10 the Senate and the Committee on Financial Services 

11 of the House of Representatives a report on such 

12 plan, to transition the Platform and the contractual 

13 and disclosure framework from a joint venture 

14 owned by the enterprises into a private, nonprofit 

15 entity that best facilitates a deep, liquid, and resil16 ient secondary mortgage market for mortgage17 backed securities. 

18 (c) BOARD OF DIRECTORS.— 

19 (1) ESTABLISHMENT.—Not later than 6 

20 months after the date of enactment of this title, the 

21 Agency shall direct the enterprises and CSS to re22 constitute a CSS Board of Directors that meets the 

23 composition requirements set forth in paragraphs 

24 (2) and (3). 


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1 (2) COMPOSITION AFTER 1 YEAR.—Not later 

2 than 1 year after the date of enactment of this title, 

3 as determined by the Agency, the Board of Directors 

4 shall be comprised of 7 directors, 3 of whom— 

5 (A) shall have demonstrated knowledge of, 

6 or experience in, financial management, finan7 cial services, risk management, information 

8 technology, or housing finance; and 

9 (B) are not simultaneously employed by an 

10 enterprise or serving as a director of an enter11 prise. 

12 (3) COMPOSITION AFTER 18 MONTHS.—Not 

13 later than 18 months after the date of enactment of 

14 this title, as determined by the Agency, the Board 

15 of Directors shall be comprised of 9 directors, 5 of 

16 whom— 

17 (A) shall have demonstrated knowledge of, 

18 or experience in, financial management, finan19 cial services, risk management, information 

20 technology, or housing finance; and 

21 (B) are not simultaneously employed by an 

22 enterprise or serving as a director of an enter23 prise. 

24 (d) AUTHORIZED AND PROHIBITED ACTIVITIES.— 

25 (1) AUTHORIZED ACTIVITIES.— 


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1 (A) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of this title, CSS 

3 shall— 

4 (i) for an entity other than an enter5 prise, develop standards for— 

6 (I) becoming an approved issuer 

7 of securities issued through the Plat8 form; 

9 (II) loans that may serve as col10 lateral for securities issued through 

11 the Platform; and 

12 (III) originating, servicing, pool13 ing, dispute resolution, disclosure, and 

14 securitizing residential mortgage loans 

15 that collateralize securities issued 

16 through the Platform; and 

17 (ii) operate and maintain the Plat18 form and establish fees for use of the Plat19 form. 

20 (B) ISSUING SECURITIES BY APPROVED

21 ISSUERS.—Not later than 3 years after the date 

22 of enactment of this title— 

23 (i) CSS shall facilitate the issuance of 

24 securities by any approved issuer other 


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1 than an enterprise through the Platform; 

2 and 

3 (ii) issuances of securities facilitated 

4 through the Platform shall not be limited 

5 to those made by the enterprises. 

6 (C) EXCEPTION.—The Director may delay 

7 the requirement under subparagraph (B) for 2 

8 1-year periods if the Director and the Secretary 

9 of the Treasury— 

10 (i) determine that facilitation of such 

11 securities is not feasible within that period 

12 of time and could adversely impact the 

13 housing market; and 

14 (ii) submit to Congress a report de15 scribing the justification for the determina16 tion made in clause (i). 

17 (2) PROHIBITED ACTIVITIES.—CSS may not, 

18 through the Platform or otherwise— 

19 (A) guarantee any mortgage loans or mort20 gage-backed securities; 

21 (B) assume or hold mortgage loan credit 

22 risk; 

23 (C) purchase any mortgage loans for cash 

24 on a single loan basis for the purpose of 

25 securitization; 


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1 (D) own or hold any mortgage loans or 

2 mortgage-backed securities for investment pur3 poses; 

4 (E) make or be a party to any representa5 tion and warranty agreement on any mortgage 

6 loans; or 

7 (F) take lender representation and war8 ranty risk. 

9 (3) AUTHORIZED AND PROHIBITED ACTIVITIES

10 OF THE PRIVATE SUCCESSOR.—All authorized and 

11 prohibited activities of CSS under this subsection 

12 shall transfer to the private successor at the time of 

13 transition under subsection (g), and shall transfer to 

14 any future successor to the private successor at the 

15 time of any such transition. 

16 (e) REGULATION OF CSS AND THE PRIVATE SUC17 CESSOR.—The Agency shall have general regulatory au18 thority over CSS, the private successor, and any successor 

19 to the private successor to ensure the safety and sound20 ness of CSS and such successors 

21 (f) FUNDING BY THE FHFA AND TRANSFER OF

22 PROPERTY.— 

23 (1) TRANSFER OF FUNDS FROM THE ENTER24 PRISES.—At a time established by the Agency, the 

25 Agency shall transfer to CSS such funds from the 


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1 enterprises as the Agency, after consultation with 

2 the Board of Directors, determines may be reason3 ably necessary for CSS to begin carrying out the ac4 tivities and operations of the Platform. 

5 (2) TRANSFER OF PROPERTY.— 

6 (A) IN GENERAL.—The Agency shall direct 

7 the enterprises to transfer or sell to the Plat8 form any property, including intellectual prop9 erty, technology, systems, and infrastructure 

10 (including technology, systems, and infrastruc11 ture developed by the enterprises for the Plat12 form), as well as any other legacy systems, in13 frastructure, and processes that may be nec14 essary for the Platform to carry out the func15 tions and operations of the Platform. 

16 (B) CONTRACTUAL AND OTHER LEGAL OB17 LIGATIONS.—As may be necessary for the 

18 Agency and the enterprises to comply with 

19 legal, contractual, or other obligations, the 

20 Agency shall have the authority to require that 

21 any transfer authorized under subparagraph 

22 (A) occurs as an exchange for value, including 

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1 sible for creating, or contracting with, the Plat2 form. 

3 (g) TRANSITION FROM CSS.— 

4 (1) IN GENERAL.—Not later than 5 years after 

5 the date of enactment of this title, the Agency shall 

6 oversee the transition of ownership of the Platform 

7 and the contractual and disclosure framework from 

8 the enterprises and CSS to a private, nonprofit enti9 ty in accordance with the plan developed under sub10 section (b)(2). 

11 (2) BOARD OF DIRECTORS.—The private suc12 cessor shall determine the structure of the Board of 

13 Directors following the transition under paragraph 

14 (1). 

15 (3) REPAYMENT OF COST.—Not later than 10 

16 years after the date of the transition described in 

17 paragraph (1), the total cost of the property trans18 ferred in accordance with subsection (f)(2) at the 

19 time of the transition, as determined jointly by the 

20 Agency and the Secretary, shall be repaid to the en21 terprises. 

22 (h) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to prohibit the Agency or CSS from 

24 first developing a common securitization platform for use 

25 only by the enterprises, if all of the provisions in this Act 


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1 relating to the development of the Platform and the con2 tractual and disclosure framework are complied with in 

3 a timely manner. 

4 SEC. 986. MANDATORY RISK SHARING. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) at the direction of the Agency, the enter8 prises have executed a series of transactions in 

9 which the enterprises share credit risk with the pri10 vate sector; 

11 (2) in the risk-sharing transactions to date, the 

12 enterprises have shared credit risk on pools of resi13 dential mortgage loans that back securities on which 

14 an enterprise either already guarantees or does not 

15 yet guarantee the timely payment of principal and 

16 interest; 

17 (3) the risk that the enterprises have shared 

18 has been either any loss suffered on the loans in the 

19 pool or any loss in excess of some minimal level on 

20 loans in the pool; 

21 (4) to date, the vast majority of risk-sharing 

22 transactions have involved either back-end risk shar23 ing or the transfer of the second loss position; and 

24 (5) the Agency should direct the enterprises 

25 to— 


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1 (A) engage in more front-end risk sharing 

2 in which the first loss position is transferred; 

3 and 

4 (B) retain data that can help inform pol5 icymakers and the public about the impact to 

6 consumers, the market, and the enterprises 

7 from such transactions. 

8 (b) MANDATORY RISK SHARING.— 

9 (1) IN GENERAL.—Subpart A of part 2 of sub10 title A of the Federal Housing Enterprises Financial 

11 Safety and Soundness Act of 1992 (12 U.S.C. 4541 

12 et seq.) is amended by adding at the end the fol13 lowing: 

14 ‘‘SEC. 1328. MANDATORY RISK-SHARING TRANSACTIONS. 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) FIRST LOSS POSITION.—The term ‘first 

17 loss position’ means, with respect to a risk-sharing 

18 transaction, the position to which any credit loss on 

19 a security resulting from the nonperformance of un20 derlying mortgage loans will accrue and be absorbed, 

21 to the full extent of the holder’s interest in such po22 sition. 

23 ‘‘(2) FRONT-END RISK SHARING.—The term 

24 ‘front-end risk sharing’ means any risk-sharing 

25 transaction that provides for an enterprise to share 


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1 credit risk on a pool of single-family residential 

2 mortgage loans that back securities on which the en3 terprise guarantees the timely payment of principal 

4 and interest with the private sector before the enter5 prise provides any such guarantee. 

6 ‘‘(3) RISK-SHARING TRANSACTION.—The term 

7 ‘risk-sharing transaction’ means any transaction 

8 that provides for an enterprise to share credit risk 

9 on a pool of single-family residential mortgage loans 

10 that back securities on which the enterprise guaran11 tees the timely payment of principal and interest 

12 with the private sector. 

13 ‘‘(b) RISK-SHARING TRANSACTIONS.—The Director 

14 shall require each enterprise to develop and undertake 

15 risk-sharing transactions in which the first loss position 

16 is transferred, as provided in subsection (c). 

17 ‘‘(c) REQUIRED PERCENTAGE OF BUSINESS.— 

18 ‘‘(1) REQUIREMENT.—The Director shall re19 quire that each enterprise engage in significant and 

20 increasing risk-sharing transactions, including front21 end risk sharing and risk-sharing transactions in 

22 which the first loss position is transferred, consid23 ering market conditions and the safety and sound24 ness of the enterprise. 


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1 ‘‘(2) ANNUAL REPORTING REQUIREMENT.—Not 

2 later than 1 year after the date of enactment of this 

3 section, and every year thereafter, the Agency shall 

4 submit to Congress a report, which shall include— 

5 ‘‘(A) for the 12-month period preceding 

6 the date on which the report is submitted, an 

7 assessment of the market responses to the risk8 sharing transactions of each of the enterprises, 

9 in aggregate, and by credit risk-sharing mecha10 nism, including— 

11 ‘‘(i) impacts on borrower costs, yield 

12 spreads, and the economics of the oper13 ations of the enterprises; and 

14 ‘‘(ii) the type and characteristics of 

15 the underlying collateral and borrowers 

16 whose loans are involved in risk-sharing 

17 transactions; and 

18 ‘‘(B) a 5-year plan, which shall include, for 

19 each of the 5 years following the year in which 

20 the report is issued— 

21 ‘‘(i) the projected percentage of the 

22 unpaid principal balance of each enterprise 

23 covered under the credit risk-sharing pro24 gram; 


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1 ‘‘(ii) the projected percentage of new 

2 business for each enterprise subject to 

3 transactions in which the first loss position 

4 is transferred, including the types of deal 

5 structures; 

6 ‘‘(iii) the projected depth of front-end 

7 risk sharing per type of transaction for 

8 each enterprise; and 

9 ‘‘(iv) a description of the steps that 

10 the Agency intends to take to broaden the 

11 eligible investor base for credit risk-sharing 

12 programs.’’. 

13 Subtitle H—Dodd-Frank Wall 

14 Street Reform and Consumer 

15 Protection Act Technical Cor16 rections 

17 SEC. 991. TABLE OF CONTENTS; DEFINITIONAL CORREC18 TIONS. 

19 (a) TABLE OF CONTENTS.—The table of contents for 

20 the Dodd-Frank Wall Street Reform and Consumer Pro21 tection Act (Public Law 111–203; 124 Stat. 1376) is 

22 amended by striking the items relating to sections 407 

23 through 416 and inserting the following: 

‘‘Sec. 407. Exemption of and reporting by venture capital fund advisers. 

‘‘Sec. 408. Exemption of and reporting by certain private fund advisers. 

‘‘Sec. 409. Family offices. 

‘‘Sec. 410. State and Federal responsibilities; asset threshold for Federal registration of investment advisers. 


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‘‘Sec. 411. Custody of client assets. 

‘‘Sec. 412. Comptroller General study on custody rule costs. 

‘‘Sec. 413. Adjusting the accredited investor standard. 

‘‘Sec. 414. Rule of construction relating to the Commodity Exchange Act. 

‘‘Sec. 415. GAO study and report on accredited investors. 

‘‘Sec. 416. GAO study on self-regulatory organization for private funds. 

‘‘Sec. 417. Commission study and report on short selling. 

‘‘Sec. 418. Qualified client standard. 

‘‘Sec. 419. Transition period.’’. 

1 (b) DEFINITIONS.—Section 2 of the Dodd-Frank 

2 Wall Street Reform and Consumer Protection Act (12 

3 U.S.C. 5301) is amended— 

4 (1) in paragraph (1)— 

5 (A) by striking ‘‘section 3’’ and inserting 

6 ‘‘section 3(w)’’; and 

7 (B) by striking ‘‘(12 U.S.C. 1813)’’ and 

8 inserting ‘‘(12 U.S.C. 1813(w))’’; 

9 (2) in paragraph (6), by striking ‘‘1 et seq.’’ 

10 and inserting ‘‘1a’’; and 

11 (3) in paragraph (18)(A)— 

12 (A) by striking ‘‘ ‘bank holding company’,’’; 

13 and 

14 (B) by inserting ‘‘ ‘includes’,’’ before ‘‘ ‘in15 cluding’,’’. 

16 SEC. 992. ANTITRUST SAVINGS CLAUSE CORRECTIONS. 

17 Section 6 of the Dodd-Frank Wall Street Reform and 

18 Consumer Protection Act (12 U.S.C. 5303) is amended, 

19 in the second sentence— 

20 (1) by inserting ‘‘(15 U.S.C. 12(a))’’ after 

21 ‘‘Clayton Act’’; and 


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1 (2) by striking ‘‘Act, to’’ and inserting ‘‘Act (15 

2 U.S.C. 45) to’’. 

3 SEC. 993. TITLE I CORRECTIONS. 

4 The Financial Stability Act of 2010 (12 U.S.C. 5311 

5 et seq.) is amended— 

6 (1) in section 102(a)(6) (12 U.S.C. 

7 5311(a)(6)), by inserting ‘‘(12 U.S.C. 1843(k))’’ 

8 after ‘‘of 1956’’ each place that term appears; 

9 (2) in section 111 (12 U.S.C. 5321)— 

10 (A) in subsection (b)— 

11 (i) in paragraph (1)(G), by striking 

12 ‘‘Chairperson’’ and inserting ‘‘Chairman’’; 

13 and 

14 (ii) in paragraph (2)(E), by striking 

15 ‘‘such’’ and inserting ‘‘the’’; and 

16 (B) in subsection (c)(3), by striking ‘‘that 

17 agency or department head’’ and inserting ‘‘the 

18 head of that member agency or department’’; 

19 (3) in section 112 (12 U.S.C. 5322)— 

20 (A) in subsection (a)(2)— 

21 (i) in subparagraph (D)— 

22 (I) by striking ‘‘to monitor’’ and 

23 inserting ‘‘monitor’’; and 

24 (II) by striking ‘‘to advise’’ and 

25 inserting ‘‘advise’’; 


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1 (ii) in subparagraph (J)— 

2 (I) by striking ‘‘that term is’’ 

3 and inserting ‘‘those terms are’’; and 

4 (II) by striking ‘‘and settlement’’ 

5 and inserting ‘‘or settlement’’; and 

6 (iii) in subparagraph (L), by striking 

7 ‘‘may’’; and 

8 (B) in subsection (d)(5)— 

9 (i) in subparagraph (B), by striking 

10 ‘‘subsection and’’ and inserting ‘‘subtitle 

11 or’’; and 

12 (ii) in subparagraph (C), by striking 

13 ‘‘subsection and’’ and inserting ‘‘subtitle 

14 or’’; 

15 (4) in section 154(c) (12 U.S.C. 5344(c))— 

16 (A) by striking ‘‘CENTER.—’’ and all that 

17 follows through ‘‘The Research’’ and inserting 

18 ‘‘CENTER.—The Research’’; and 

19 (B) by redesignating subparagraphs (A) 

20 through (H) as paragraphs (1) through (8), re21 spectively, and adjusting the margins accord22 ingly; 

23 (5) in section 155(a)(2) (12 U.S.C. 

24 5345(a)(2)), by striking ‘‘(c),’’ and inserting ‘‘(c)’’; 


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1 (6) in section 164 (12 U.S.C. 5364), by striking 

2 ‘‘Institutions’’ and inserting ‘‘Institution’’; 

3 (7) in section 167(b)(1)(B)(ii) (12 U.S.C. 

4 5367(b)(1)(B)(ii)), by striking ‘‘to ensure’’ and in5 serting ‘‘ensure’’; and 

6 (8) in section 171(b)(4)(D) (12 U.S.C. 

7 5371(b)(4)(D)), by adding a period at the end. 

8 SEC. 994. TITLE II CORRECTIONS. 

9 Title II of the Dodd-Frank Wall Street Reform and 

10 Consumer Protection Act (12 U.S.C. 5381 et seq.) is 

11 amended— 

12 (1) in section 210 (12 U.S.C. 5390)— 

13 (A) in subsection (a)— 

14 (i) in paragraph (1)(D), by striking 

15 ‘‘wind-up’’ and inserting ‘‘wind up’’; and 

16 (ii) in paragraph (5)(C), by striking 

17 ‘‘receiver seeking’’ and inserting ‘‘receiver) 

18 seeking’’; 

19 (B) in subsection (b)(1), by striking 

20 ‘‘11,725’’ each place that term appears and in21 serting ‘‘$11,725’’; 

22 (C) in subsection (m)(1)(B), by inserting 

23 ‘‘of’’ before ‘‘the Bankruptcy Code’’; and 


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1 (D) in subsection (o)(1)(D)(i)(I), by strik2 ing ‘‘and (h)(5)(E)’’ and inserting ‘‘or 

3 (h)(5)(E)’’; 

4 (2) in section 211(d)(1)(C) (12 U.S.C. 

5 5391(d)(1)(C)), by striking ‘‘orderly liquidation plan 

6 under section 210(n)(14)’’ and inserting ‘‘an orderly 

7 liquidation plan under section 210(n)(9)’’; and 

8 (3) in section 215(a)(5) (124 Stat. 1518), by 

9 striking ‘‘amd’’ and inserting ‘‘and’’. 

10 SEC. 995. TITLE III CORRECTIONS. 

11 (a) IN GENERAL.—The Enhancing Financial Institu12 tion Safety and Soundness Act of 2010 (12 U.S.C. 5401 

13 et seq.) is amended— 

14 (1) in section 327(b)(5) (12 U.S.C. 

15 5437(b)(5)), by striking ‘‘in’’ and inserting ‘‘into’’; 

16 (2) in section 333(b)(2) (124 Stat. 1539), by 

17 inserting ‘‘the second place that term appears’’ be18 fore ‘‘and inserting’’; and 

19 (3) in section 369(5) (124 Stat. 1559)— 

20 (A) in subparagraph (D)(i)— 

21 (i) in subclause (III), by redesignating 

22 items (aa), (bb), and (cc) as subitems 

23 (AA), (BB), and (CC), respectively, and 

24 adjusting the margins accordingly; 


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1 (ii) in subclause (IV), by redesig2 nating items (aa) and (bb) as subitems 

3 (AA) and (BB), respectively, and adjusting 

4 the margins accordingly; 

5 (iii) in subclause (V), by redesignating 

6 items (aa), (bb), and (cc) as subitems 

7 (AA), (BB), and (CC), respectively, and 

8 adjusting the margins accordingly; and 

9 (iv) by redesignating subclauses (III), 

10 (IV), and (V) as items (bb), (cc), and (dd), 

11 respectively, and adjusting the margins ac12 cordingly; 

13 (B) in subparagraph (F)— 

14 (i) in clause (ii), by adding ‘‘and’’ at 

15 the end; 

16 (ii) in clause (iii), by striking ‘‘; and’’ 

17 and inserting a semicolon; and 

18 (iii) by striking clause (iv); and 

19 (C) in subparagraph (G)(i), by inserting 

20 ‘‘each place such term appears’’ before ‘‘and in21 serting’’. 

22 (b) EFFECTIVE DATES.— 

23 (1) SECTION 333.—The amendment made by 

24 subsection (a)(2) of this section shall take effect as 

25 if enacted as part of subtitle C of the Enhancing FiVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 nancial Institution Safety and Soundness Act of 

2 2010 (title III of Public Law 111–203; 124 Stat. 

3 1538). 

4 (2) SECTION 369.—The amendments made by 

5 subsection (a)(3) of this section shall take effect as 

6 if enacted as part of subtitle E of the Enhancing Fi7 nancial Institution Safety and Soundness Act of 

8 2010 (title III of Public Law 111–203; 124 Stat. 

9 1546). 

10 SEC. 996. TITLE IV CORRECTION. 

11 Section 414 of the Private Fund Investment Advisers 

12 Registration Act of 2010 (title IV of Public Law 111–203; 

13 124 Stat. 1578) is amended in the section heading by 

14 striking ‘‘COMMODITIES’’ and inserting ‘‘COM15 MODITY’’. 

16 SEC. 997. TITLE VI CORRECTIONS. 

17 (a) IN GENERAL.—The Bank and Savings Associa18 tion Holding Company and Depository Institution Regu19 latory Improvements Act of 2010 (title VI of Public Law 

20 111–203; 124 Stat. 1596) is amended— 

21 (1) in section 610 (124 Stat. 1611)— 

22 (A) by striking subsection (b); and 

23 (B) by redesignating subsection (c) as sub24 section (b); and 

25 (2) in section 618(a) (12 U.S.C. 1850a(a))— 


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1 (A) in paragraph (4)(B)(i), by inserting 

2 ‘‘of Governors’’ after ‘‘Board’’; and 

3 (B) in paragraph (6), by inserting ‘‘(12 

4 U.S.C. 1841)’’ after ‘‘Act of 1956’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a)(1) of this section shall take effect as if en7 acted as part of section 610 of the Bank and Savings As8 sociation Holding Company and Depository Institution 

9 Regulatory Improvements Act of 2010 (title VI of Public 

10 Law 111–203; 124 Stat. 1611). 

11 SEC. 998. TITLE VII CORRECTIONS. 

12 (a) IN GENERAL.—The Wall Street Transparency 

13 and Accountability Act of 2010 (15 U.S.C. 8301 et seq.) 

14 is amended— 

15 (1) in section 719(c)(1)(B) (15 U.S.C. 

16 8307(c)(1)(B)), by adding a period at the end; 

17 (2) in section 723(a)(1)(B) (124 Stat. 1675), 

18 by inserting ‘‘, as added by section 107 of the Com19 modity Futures Modernization Act of 2000 (Appen20 dix E of Public Law 106–554; 114 Stat. 2763A– 

21 382),’’ after ‘‘subsection (i)’’; 

22 (3) in section 724(a) (124 Stat. 1682), by 

23 striking ‘‘adding at the end’’ and inserting ‘‘insert24 ing after subsection (e)’’; 


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1 (4) in section 734(b)(1) (124 Stat. 1718), by 

2 striking ‘‘is amended’’ and all that follows through 

3 ‘‘(B) in’’ and inserting ‘‘is amended in’’; 

4 (5) in section 741(b)(10) (124 Stat. 1732), by 

5 striking ‘‘1a(19)(A)(iv)(II)’’ each place that term 

6 appears and inserting ‘‘1a(18)(A)(iv)(II)’’; and 

7 (6) in section 749 (124 Stat. 1746)— 

8 (A) in subsection (a)(2), by striking ‘‘add9 ing at the end’’ and inserting ‘‘inserting after 

10 subsection (f)’’; and 

11 (B) in subsection (h)(1)(B), by inserting 

12 ‘‘the second place that term appears’’ before the 

13 semicolon. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 paragraphs (3), (4), (5), and (6) of subsection (a) shall 

16 take effect as if enacted as part of part II of subtitle A 

17 of the Wall Street Transparency and Accountability Act 

18 of 2010 (title VII of Public Law 111–203; 124 Stat. 

19 1658). 

20 SEC. 999. TITLE VIII CORRECTIONS. 

21 The Payment, Clearing, and Settlement Supervision 

22 Act of 2010 (12 U.S.C. 5461 et seq.) is amended— 

23 (1) in section 805(a)(2)(E) (12 U.S.C. 

24 5464(a)(2)(E)), by striking the quotation marks at 

25 the end; 


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1 (2) in section 806 (12 U.S.C. 5465)— 

2 (A) in subsection (b), in the first sentence, 

3 by striking ‘‘(2)) after’’ and inserting ‘‘(2))) 

4 after’’; and 

5 (B) in subsection (e)(1)(A)— 

6 (i) by striking ‘‘advance notice’’ and 

7 inserting ‘‘advance’’; and 

8 (ii) by striking ‘‘each Supervisory 

9 Agency’’ and inserting ‘‘its Supervisory 

10 Agency’’; 

11 (3) in section 807 (12 U.S.C. 5466)— 

12 (A) in subsection (d)(1), by adding a pe13 riod at the end; and 

14 (B) in subsection (f)(2), by inserting a 

15 comma after ‘‘under’’ the second place that 

16 term appears; 

17 (4) in section 808(b) (12 U.S.C. 5467(b)), by 

18 inserting a comma after ‘‘under’’ the third place 

19 that term appears; and 

20 (5) in section 813 (12 U.S.C. 5472), in the 

21 matter preceding paragraph (1), by inserting ‘‘that 

22 includes’’ after ‘‘Representatives’’. 

23 SEC. 999A. TITLE IX CORRECTIONS. 

24 Section 939(h)(1) of the Investor Protection and Se25 curities Reform Act of 2010 (title IX of Public Law 111– 


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1 203; 124 Stat. 1887) is amended, in the matter preceding 

2 subparagraph (A)— 

3 (1) by inserting ‘‘The’’ before ‘‘Commission’’; 

4 and 

5 (2) by striking ‘‘feasability’’ and inserting ‘‘fea6 sibility’’. 

7 SEC. 999B. TITLE X CORRECTIONS. 

8 (a) IN GENERAL.—The Consumer Financial Protec9 tion Act of 2010 (12 U.S.C. 5481 et seq.) is amended— 

10 (1) in section 1002(12)(G) (12 U.S.C. 

11 5481(12)(G)), by striking ‘‘Home Owners’’ and in12 serting ‘‘Homeowners’’; 

13 (2) in section 1013(a)(1)(C) (12 U.S.C. 

14 5493(a)(1)(C)), by striking ‘‘section 11(1) of the 

15 Federal Reserve Act (12 U.S.C. 248(1))’’ and in16 serting ‘‘subsection (l) of section 11 of the Federal 

17 Reserve Act (12 U.S.C. 248(l)’’; 

18 (3) in section 1017(a)(5) (12 U.S.C. 

19 5497(a)(5))— 

20 (A) in subparagraph (A), in the last sen21 tence by striking ‘‘716(c) of title 31, United 

22 States Code’’ and inserting ‘‘716 of title 31, 

23 United States Code’’; and 

24 (B) in subparagraph (C), by striking ‘‘sec25 tion 3709 of the Revised Statutes of the United 


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1 States (41 U.S.C. 5)’’ and inserting ‘‘section 

2 6101 of title 41, United States Code’’; 

3 (4) in section 1022(c)(9)(B) (12 U.S.C. 

4 5512(c)(9)(B)), by striking ‘‘1978,’’ and inserting 

5 ‘‘1978’’; 

6 (5) in section 1025 (12 U.S.C. 5515)— 

7 (A) in subsections (b), (c), and (d)— 

8 (i) by inserting ‘‘covered’’ before ‘‘per9 sons’’ each place that term appears; and 

10 (ii) by inserting ‘‘covered’’ before 

11 ‘‘person described in subsection (a)’’ each 

12 place that term appears; 

13 (B) in subsection (d), by striking ‘‘12 

14 U.S.C. 1867(c)’’ and inserting ‘‘(12 U.S.C. 

15 1867(c))’’; and 

16 (C) in subsection (e)(4)(F), by striking 

17 ‘‘212 of the Federal Credit Union Act (112 

18 U.S.C. 1790a)’’ and inserting ‘‘216 of the Fed19 eral Credit Union Act (12 U.S.C. 1790d)’’; 

20 (6) in section 1027(d)(1)(B) (12 U.S.C. 

21 5517(d)(1)(B)), by inserting a comma after ‘‘(A)’’; 

22 (7) in section 1029(d) (12 U.S.C. 5519(d)), by 

23 striking the period after ‘‘Commission Act’’; 

24 (8) in section 1061 (12 U.S.C. 5581)— 

25 (A) in subsection (b)(7)— 


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1 (i) by striking ‘‘Secretary of the De2 partment of Housing and Urban Develop3 ment’’ each place that term appears and 

4 inserting ‘‘Department of Housing and 

5 Urban Development’’; and 

6 (ii) in subparagraph (A), by striking 

7 ‘‘(12 U.S.C. 5102 et seq.)’’ and inserting 

8 ‘‘(12 U.S.C. 5101 et seq.)’’; and 

9 (B) in subsection (c)(2)(A), by striking 

10 ‘‘procedures in’’ and inserting ‘‘procedures’’; 

11 (9) in section 1063 (12 U.S.C. 5583)— 

12 (A) in subsection (f)(1)(B), by striking 

13 ‘‘that’’; and 

14 (B) in subsection (g)(1)(A)— 

15 (i) by striking ‘‘(12 U.S.C. 5102 et 

16 seq.)’’ and inserting ‘‘(12 U.S.C. 5101 et 

17 seq.)’’; and 

18 (ii) by striking ‘‘seq)’’ and inserting 

19 ‘‘seq.)’’; 

20 (10) in section 1064(i)(1)(A)(iii) (12 U.S.C. 

21 5584(i)(1)(A)(iii)), by inserting a period before ‘‘If 

22 an’’; 

23 (11) in section 1073(c)(2) (12 U.S.C. 

24 5601(c)(2))— 


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1 (A) in the paragraph heading, by inserting 

2 ‘‘AND EDUCATION’’ after ‘‘FINANCIAL LIT3 ERACY’’; and 

4 (B) by striking ‘‘its duties’’ and inserting 

5 ‘‘their duties’’; 

6 (12) in section 1076(b)(1) (12 U.S.C. 

7 5602(b)(1)), by inserting before the period at the 

8 end the following: ‘‘, the Bureau may, after notice 

9 and opportunity for comment, prescribe regula10 tions’’; 

11 (13) in section 1077(b)(4)(F) (124 Stat. 2076), 

12 by striking ‘‘associates’’ and inserting ‘‘associate’s’’; 

13 (14) in section 1084(1) (124 Stat. 2081)— 

14 (A) by inserting ‘‘paragraph (3) of section 

15 903 (15 U.S.C. 1693a),’’ before ‘‘subsections 

16 (a) and (e) of section 904’’; 

17 (B) by striking ‘‘and in 918’’ and inserting 

18 ‘‘, section 916(d) (15 U.S.C. 1693m(d)), section 

19 918’’; and 

20 (C) by inserting a comma after ‘‘2009)’’; 

21 (15) in section 1089 (124 Stat. 2092)— 

22 (A) in paragraph (3)— 

23 (i) in subparagraph (A), by striking 

24 ‘‘and’’ at the end; and 


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1 (ii) in subparagraph (B)(vi), by strik2 ing the period at the end and inserting ‘‘; 

3 and’’; and 

4 (B) by redesignating paragraph (4) as sub5 paragraph (C) and adjusting the margins ac6 cordingly; and 

7 (16) in section 1098(6) (124 Stat. 2104), by in8 serting ‘‘the first place that term appears’’ before 

9 ‘‘and’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 paragraphs (14), (15), and (16) of subsection (a) of this 

12 section shall take effect as if enacted as part of subtitle 

13 H of the Consumer Financial Protection Act of 2010 (title 

14 X of Public Law 111–203; 124 Stat. 2080). 

15 SEC. 999C. TITLE XI CORRECTION. 

16 Section 1105(d)(1) of the Dodd-Frank Wall Street 

17 Reform and Consumer Protection Act (12 U.S.C. 

18 5612(d)(1)) is amended by striking ‘‘AUTHORITY.—’’ and 

19 all that follows through ‘‘by the President’’ and inserting 

20 ‘‘AUTHORITY.—A request by the President’’. 

21 SEC. 999D. TITLE XII CORRECTION. 

22 Section 1208(b) of the Improving Access to Main23 stream Financial Institutions Act of 2010 (12 U.S.C. 

24 5626(b)) is amended by striking ‘‘Fund for each’’ and in25 serting ‘‘Fund (as defined in section 103(10) of the Riegle 


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1 Community Development and Regulatory Improvement 

2 Act of 1994 (12 U.S.C. 4702(10))) for each’’. 

3 SEC. 999E. TITLE XIV CORRECTION. 

4 Section 1451(c) of the Mortgage Reform and Anti5 Predatory Lending Act (12 U.S.C. 1701x–1(c)) is amend6 ed by striking ‘‘pursuant’’. 

7 SEC. 999F. CONFORMING CORRECTIONS TO OTHER STAT8 UTES. 

9 (a) ALTERNATIVE MORTGAGE TRANSACTION PARITY

10 ACT OF 1982.—The Alternative Mortgage Transaction 

11 Parity Act of 1982 (12 U.S.C. 3801 et seq.) is amended— 

12 (1) in section 802(a)(3) (12 U.S.C. 

13 3801(a)(3)), by striking ‘‘the Director of the Office 

14 of Thrift Supervision’’ and inserting ‘‘the Bureau of 

15 Consumer Financial Protection’’; and 

16 (2) in section 804(d)(1) (12 U.S.C. 

17 3803(d)(1))— 

18 (A) by striking ‘‘identified’’ and inserting 

19 ‘‘issued’’; and 

20 (B) by striking the comma after ‘‘Adminis21 tration’’. 

22 (b) BANK HOLDING COMPANY ACTS.— 

23 (1) BANK HOLDING COMPANY ACT AMEND24 MENTS OF 1970.—Section 106(b)(1) of the Bank 

25 Holding Company Act Amendments of 1970 (12 


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1 U.S.C. 1972(1)) is amended, in the undesignated 

2 matter following subparagraph (E)— 

3 (A) by inserting ‘‘Office of the’’ before 

4 ‘‘Comptroller of the’’; and 

5 (B) by striking ‘‘Federal Deposit Insur6 ance Company’’ and inserting ‘‘Federal Deposit 

7 Insurance Corporation’’. 

8 (2) BANK HOLDING COMPANY ACT OF 1956.— 

9 Section 13 of the Bank Holding Company Act of 

10 1956 (12 U.S.C. 1851) is amended— 

11 (A) in subsection (d)(1)(E), by striking 

12 ‘‘102 of the Small Business Investment Act of 

13 1958 (15 U.S.C. 662)’’ and inserting ‘‘103(3) 

14 of the Small Business Investment Act of 1958 

15 (15 U.S.C. 662(3))’’; 

16 (B) in subsection (f)(3)(A)(ii), by striking 

17 ‘‘(d)(1)(g)(v)’’ and inserting ‘‘(d)(1)(G)(v)’’; 

18 and 

19 (C) in the matter preceding subparagraph 

20 (A) of subsection (h)(1), by striking ‘‘section 8 

21 of the International Banking Act of 1978’’ and 

22 inserting ‘‘section 8(a) of the International 

23 Banking Act of 1978 (12 U.S.C. 3106(a))’’. 

24 (c) BALANCED BUDGET AND EMERGENCY DEFICIT

25 CONTROL ACT.—Section 255(g)(1)(A) of the Balanced 


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1 Budget and Emergency Deficit Control Act of 1985 (2 

2 U.S.C. 905(g)(1)(A)) is amended by striking ‘‘Office of 

3 Thrift Supervision (20–4108–0–3–373).’’. 

4 (d) BRETTON WOODS AGREEMENTS ACT.—Section 

5 68(a)(1) of the Bretton Woods Agreements Act (22 U.S.C. 

6 286tt(a)(1)) is amended by striking ‘‘Fund ,’’ and insert7 ing ‘‘Fund,’’. 

8 (e) CAN–SPAM ACT OF 2003.—Section 7(b)(1)(D) 

9 of the CAN–SPAM Act of 2003 (15 U.S.C. 

10 7706(b)(1)(D)) is amended by striking ‘‘Director of the 

11 Office of Thrift Supervision’’ and inserting ‘‘Comptroller 

12 of the Currency or the Board of Directors of the Federal 

13 Deposit Insurance Corporation, as applicable’’. 

14 (f) CHILDREN’S ONLINE PRIVACY PROTECTION ACT

15 OF 1998.—Section 1306(b)(2) of the Children’s Online 

16 Privacy Protection Act of 1998 (15 U.S.C. 6505(b)(2)) 

17 is amended by striking ‘‘Director of the Office of Thrift 

18 Supervision’’ and inserting ‘‘Comptroller of the Currency 

19 or the Board of Directors of the Federal Deposit Insur20 ance Corporation, as applicable’’. 

21 (g) COMMODITY EXCHANGE ACT.—The Commodity 

22 Exchange Act (7 U.S.C. 1 et seq.) is amended— 

23 (1) in section 1a (7 U.S.C. 1a)— 

24 (A) in paragraph (12)(A)(i)(II), by adding 

25 a semicolon at the end; 


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1 (B) in paragraph (39)(A)(iv), by striking 

2 ‘‘225’’ and inserting ‘‘25’’; and 

3 (C) in paragraph (47)(B)(viii)(II), by 

4 striking ‘‘(15 U.S.C. 77b(a)(11))’’ and inserting 

5 ‘‘(15 U.S.C. 77b(a)(11)))’’; 

6 (2) in section 2 (7 U.S.C. 2)— 

7 (A) in subsection (c)(2)(D)(ii)(I), by strik8 ing ‘‘subparagraphs’’ and inserting ‘‘subpara9 graph’’; and 

10 (B) in subsection (h)— 

11 (i) in paragraph (5)— 

12 (I) in subparagraph (A)— 

13 (aa) by striking ‘‘Swaps’’ 

14 and inserting ‘‘Each swap’’; and 

15 (bb) by striking ‘‘no later 

16 than 180 days after the effective 

17 date of this subsection.’’ and in18 serting ‘‘no later than— 

19 ‘‘(i) 30 days after the issuance of the 

20 interim final rule; or 

21 ‘‘(ii) such other date as the Commis22 sion determines appropriate.’’; and 

23 (II) in subparagraph (B), by 

24 striking ‘‘Swaps’’ and inserting ‘‘Each 

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1 (ii) in paragraph (7)— 

2 (I) in subparagraph (C)(i)(VII), 

3 by inserting ‘‘or a governmental plan’’ 

4 after ‘‘employee benefit plan’’; and 

5 (II) in subparagraph (D)(ii)(V), 

6 by striking ‘‘of that Act’’ and insert7 ing ‘‘of that section’’; and 

8 (iii) in paragraph (8)(A)(ii), by insert9 ing ‘‘section’’ before ‘‘5h or’’; 

10 (3) in section 4 (7 U.S.C. 6)— 

11 (A) in subsection (b)(1)(A), by striking 

12 ‘‘commission’’ each place that term appears and 

13 inserting ‘‘Commission’’; and 

14 (B) in subsection (c)(1)— 

15 (i) in subparagraph (A)— 

16 (I) by inserting ‘‘the Commission 

17 shall not grant exemptions,’’ after 

18 ‘‘grant exemptions,’’; and 

19 (II) in clause (i)— 

20 (aa) in subclause (I)— 

21 (AA) by striking ‘‘5(g), 

22 5(h),’’; and 

23 (BB) by striking ‘‘8e,’’; 

24 and 


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1 (bb) in subclause (II), by 

2 striking ‘‘206(e)’’ and inserting 

3 ‘‘206’’; and 

4 (ii) in subparagraph (B), by striking 

5 ‘‘(D))’’ and inserting ‘‘(D)’’; 

6 (4) in section 4d(f)(2)(A) (7 U.S.C. 

7 6d(f)(2)(A)), by striking ‘‘though’’ and inserting 

8 ‘‘through’’; 

9 (5) in section 4s (7 U.S.C. 6s)— 

10 (A) in subsection (e)(3)— 

11 (i) in subparagraph (B)(i)(II), by 

12 striking ‘‘(11))’’ and inserting ‘‘(11)))’’; 

13 and 

14 (ii) in subparagraph (D)(ii), in the 

15 matter preceding subclause (I), by striking 

16 ‘‘non cash collateral’’ and inserting 

17 ‘‘noncash collateral’’; 

18 (B) in subsection (f)(1)(B)(i), by striking 

19 ‘‘Commission’’ and inserting ‘‘prudential regu20 lator’’; 

21 (C) in subsection (h)— 

22 (i) in paragraph (2)(B), by inserting 

23 ‘‘a’’ before ‘‘swap with’’; and 

24 (ii) in paragraph (5)(A)— 

25 (I) in clause (i)— 


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1 (aa) by striking ‘‘section 

2 1a(18)’’ and inserting ‘‘section 

3 1a(18)(A)’’; and 

4 (bb) in subclause (VII), by 

5 striking ‘‘act of’’ and inserting 

6 ‘‘Act of’’; and 

7 (II) in clause (ii), by inserting 

8 ‘‘in connection with the transaction’’ 

9 after ‘‘acting’’; and 

10 (D) in subsection (k)(3)(A)(ii), by striking 

11 ‘‘the code’’ and inserting ‘‘any code’’; 

12 (6) in section 5(d)(19)(A) (7 U.S.C. 

13 7(d)(19)(A)), by striking ‘‘taking’’ and inserting 

14 ‘‘take’’; 

15 (7) in section 5b (7 U.S.C. 7a–1), by redesig16 nating subsection (k) as subsection (j); 

17 (8) in section 5c(c) (7 U.S.C. 7a–2(c))— 

18 (A) in paragraph (4)(B), by striking 

19 ‘‘1a(10)’’ and inserting ‘‘1a(9)’’; and 

20 (B) in paragraph (5)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘this subtitle’’ and inserting ‘‘this Act’’; 

23 and 

24 (ii) in subparagraph (C)(i), by strik25 ing ‘‘1a(2)(i)’’ and inserting ‘‘1a(9)’’; 


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1 (9) in section 5h (7 U.S.C. 7b–3)— 

2 (A) in subsection (a)(1) , by striking ‘‘a fa3 cility’’ and inserting ‘‘a swap execution facil4 ity’’; and 

5 (B) in subsection (f)(11)(A), by striking 

6 ‘‘taking’’ and inserting ‘‘take’’; 

7 (10) in section 22(a)(1)(C)(ii) (7 U.S.C. 

8 25(a)(1)(C)(ii)), by striking ‘‘or’’ at the end; and 

9 (11) in section 23 (7 U.S.C. 26)— 

10 (A) in subsection (c)— 

11 (i) in paragraph (1)(B)(i)(III), by 

12 striking ‘‘the Act’’ each place that term 

13 appears and inserting ‘‘this Act’’; and 

14 (ii) in paragraph (2)(A)(i), by striking 

15 ‘‘a appropriate’’ and inserting ‘‘an appro16 priate’’; and 

17 (B) in subsection (f)(3), by striking 

18 ‘‘7064’’ and inserting ‘‘706’’. 

19 (h) COMMUNITY REINVESTMENT ACT OF 1977.—The 

20 Community Reinvestment Act of 1977 (12 U.S.C. 2901 

21 et seq.) is amended— 

22 (1) in section 803(1)(C) (12 U.S.C. 

23 2902(1)(C)), by striking the period at the end and 

24 inserting a semicolon; and 


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1 (2) in section 806 (12 U.S.C. 2905), by striking 

2 ‘‘companies,,’’ and inserting ‘‘companies,’’. 

3 (i) CREDIT REPAIR ORGANIZATIONS ACT.—Section 

4 403(4) of the Credit Repair Organizations Act (15 U.S.C. 

5 1679a(4)) is amended by striking ‘‘103(e)’’ and inserting 

6 ‘‘103(f)’’. 

7 (j) DEPOSITORY INSTITUTION MANAGEMENT INTER8 LOCKS ACT.—Section 205(9) of the Depository Institution 

9 Management Interlocks Act (12 U.S.C. 3204(9)) is 

10 amended by striking ‘‘Director of the Office of Thrift Su11 pervision’’ and inserting ‘‘appropriate Federal banking 

12 agency’’. 

13 (k) ECONOMIC GROWTH AND REGULATORY PAPER14 WORK REDUCTION ACT OF 1996.—Section 2227(a)(1) of 

15 the Economic Growth and Regulatory Paperwork Reduc16 tion Act of 1996 (12 U.S.C. 252(a)(1)) is amended by 

17 striking ‘‘the Director of the Office of Thrift Super18 vision,’’. 

19 (l) ELECTRONIC FUND TRANSFER ACT.—The Elec20 tronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is 

21 amended— 

22 (1) in section 903 (15 U.S.C. 1693a)— 

23 (A) in paragraph (2), by striking ‘‘103(i)’’ 

24 and inserting ‘‘103(j)’’; and 


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1 (B) by redesignating the first paragraph 

2 designated as paragraph (4) (defining the term 

3 ‘‘Board’’) as paragraph (3); 

4 (2) in section 904(a) (15 U.S.C. 1693b(a))— 

5 (A) by redesignating the second paragraph 

6 designated as paragraph (1) (relating to con7 sultation with other agencies), the second para8 graph designated as paragraph (2) (relating to 

9 the preparation of an analysis of economic im10 pact), paragraph (3), and paragraph (4) as sub11 paragraphs (A), (B), (C), and (D), respectively, 

12 and adjusting the margins accordingly; 

13 (B) by striking ‘‘In prescribing such regu14 lations, the Board shall:’’ and inserting the fol15 lowing: 

16 ‘‘(3) REGULATIONS.—In prescribing regulations 

17 under this subsection, the Bureau and the Board 

18 shall—’’; 

19 (C) in paragraph (3)(C), as so redesig20 nated, by striking ‘‘the Board shall’’; 

21 (D) in paragraph (3)(D), as so redesig22 nated— 

23 (i) by inserting ‘‘send promptly’’ be24 fore ‘‘any’’; and 


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1 (ii) by striking ‘‘shall be sent prompt2 ly to Congress by the Board’’ and inserting 

3 ‘‘to Congress’’; 

4 (3) in section 909(c) (15 U.S.C. 1693g(c)), by 

5 striking ‘‘103(e)’’ and inserting ‘‘103(f)’’; 

6 (4) in section 918(a)(4) (15 U.S.C. 

7 1693o(a)(4), by striking ‘‘Act and’’ and inserting 

8 ‘‘Act; and’’; and 

9 (5) in section 920(a)(4)(C) (15 U.S.C. 1693o– 

10 2(a)(4)(C)), by striking ‘‘the Director of the Office 

11 of Thrift Supervision,’’. 

12 (m) EMERGENCY ECONOMIC STABILIZATION ACT OF

13 2008.—Section 101(b) of the Emergency Economic Sta14 bilization Act of 2008 (12 U.S.C. 5211(b)) is amended 

15 by striking ‘‘the Director of the Office of Thrift Super16 vision,’’. 

17 (n) EQUAL CREDIT OPPORTUNITY ACT.—The Equal 

18 Credit Opportunity Act (15 U.S.C. 1691 et seq.) is 

19 amended— 

20 (1) in section 703 (15 U.S.C. 1691b)— 

21 (A) in each of subsections (c) and (d), by 

22 striking ‘‘paragraph’’ each place that term ap23 pears and inserting ‘‘subsection’’; and 

24 (B) in subsection (g), by adding a period 

25 at the end; 


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1 (2) in section 704 (15 U.S.C. 1691c)— 

2 (A) in subsection (a), by striking ‘‘Con3 sumer Protection Financial Protection Act of 

4 2010 with’’ and inserting ‘‘Consumer Financial 

5 Protection Act of 2010, compliance with’’; and 

6 (B) in subsection (c), in the second sen7 tence, by striking ‘‘subchapter’’ and inserting 

8 ‘‘title’’; 

9 (3) in section 704B(e)(3) (15 U.S.C. 1691c– 

10 2(e)(3)), by striking ‘‘(1)(E)’’ and inserting 

11 ‘‘(2)(E)’’; and 

12 (4) in section 706(k) (15 U.S.C. 1691e(k)), by 

13 striking ‘‘, (2), or (3)’’ and inserting ‘‘or (2)’’. 

14 (o) EXPEDITED FUNDS AVAILABILITY ACT.—The 

15 Expedited Funds Availability Act (12 U.S.C. 4001 et seq.) 

16 is amended— 

17 (1) in section 605(f)(2)(A) (12 U.S.C. 

18 4004(f)(2)(A)), by striking ‘‘,,’’ and inserting a 

19 semicolon; and 

20 (2) in section 610(a)(2) (12 U.S.C. 

21 4009(a)(2)), by striking ‘‘Director of the Office of 

22 Thrift Supervision’’ and inserting ‘‘Comptroller of 

23 the Currency and the Board of Directors of the Fed24 eral Deposit Insurance Corporation, as appro25 priate,’’. 


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1 (p) FAIR CREDIT REPORTING ACT.—The Fair Credit 

2 Reporting Act (15 U.S.C. 1681 et seq.) is amended— 

3 (1) in section 603 (15 U.S.C. 1681a)— 

4 (A) in subsection (d)(2)(D), by striking 

5 ‘‘(x)’’ and inserting ‘‘(y)’’; 

6 (B) in subsection (q)(5), by striking 

7 ‘‘103(i)’’ and inserting ‘‘103(j)’’; and 

8 (C) in subsection (v), by striking ‘‘Bureau’’ 

9 and inserting ‘‘Federal Trade Commission’’; 

10 (2) in section 604 (15 U.S.C. 1681b)— 

11 (A) in subsection (b)(2)(B)(i), by striking 

12 ‘‘section 615(a)(3)’’ and inserting ‘‘section 

13 615(a)(4)’’; and 

14 (B) in subsection (g)(5), by striking 

15 ‘‘PARAGRAPH (2).—’’ and all that follows 

16 through ‘‘The Bureau’’ and inserting ‘‘PARA17 GRAPH (2).—The Bureau’’; 

18 (3) in section 605(h)(2)(A) (15 U.S.C. 

19 1681c(h)(2)(A))— 

20 (A) by striking ‘‘shall,,’’ and inserting 

21 ‘‘shall,’’; and 

22 (B) by striking ‘‘Commission,,’’ and insert23 ing ‘‘Commission,’’; 


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1 (4) in paragraphs (1)(A), (1)(B)(i), (2)(A)(i), 

2 and (2)(B) of section 605A(h) (15 U.S.C. 1681c– 

3 1(h))— 

4 (A) by striking ‘‘103(i)’’ and inserting 

5 ‘‘103(j)’’ each place that term appears; and 

6 (B) by striking ‘‘open-end’’ and inserting 

7 ‘‘open end’’ each place that term appears; 

8 (5) in section 609 (15 U.S.C. 1681g)— 

9 (A) in subsection (c)(1)— 

10 (i) in the paragraph heading, by strik11 ing ‘‘COMMISSION’’ and inserting ‘‘BU12 REAU’’; and 

13 (ii) in subparagraph (B)(vi), by strik14 ing ‘‘603(w)’’ and inserting ‘‘603(x)’’; and 

15 (B) by striking ‘‘The Commission’’ each 

16 place that term appears and inserting ‘‘The Bu17 reau’’; 

18 (6) in section 611 (15 U.S.C. 1681i), by strik19 ing ‘‘The Commission’’ each place that term appears 

20 and inserting ‘‘The Bureau’’; 

21 (7) in section 612 (15 U.S.C. 1681j)— 

22 (A) in subsection (a)(1), by striking ‘‘(w)’’ 

23 and inserting ‘‘(x)’’; and 


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1 (B) by striking ‘‘The Commission’’ each 

2 place that term appears and inserting ‘‘The Bu3 reau’’; and 

4 (8) in section 621 (15 U.S.C. 1681s)— 

5 (A) in subsection (a)(1), in the first sen6 tence, by striking ‘‘, subsection (b)’’; 

7 (B) in subsection (e)(2), by inserting a pe8 riod after ‘‘provisions of this title’’; and 

9 (C) in subsection (f)(2), by striking ‘‘The 

10 Commission’’ and inserting ‘‘The Bureau’’. 

11 (q) FEDERAL CREDIT UNION ACT.—Section 

12 206(g)(7)(D)(iv) of the Federal Credit Union Act (12 

13 U.S.C. 1786(g)(7)(D)(iv)) is amended by striking the 

14 semicolon at the end and inserting a period. 

15 (r) FEDERAL DEPOSIT INSURANCE ACT.—The Fed16 eral Deposit Insurance Act (12 U.S.C. 1811 et seq.) is 

17 amended— 

18 (1) in section 3(q)(2)(C) (12 U.S.C. 

19 1813(q)(2)(C)), by adding ‘‘and’’ at the end; 

20 (2) in section 7 (12 U.S.C. 1817)— 

21 (A) in subsection (b)(2)— 

22 (i) in subparagraph (A), by striking 

23 ‘‘(D)’’ and inserting ‘‘(C)’’; and 


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1 (ii) by redesignating subparagraphs 

2 (D) and (E) as subparagraphs (C) and 

3 (D), respectively; and 

4 (B) in subsection (e)(2)(C), by adding a 

5 period at the end; 

6 (3) in section 8 (12 U.S.C. 1818)— 

7 (A) in subsection (b)(3), by striking 

8 ‘‘Act))’’ and inserting ‘‘Act)’’; and 

9 (B) in subsection (t)— 

10 (i) in paragraph (2)— 

11 (I) in subparagraph (C), by strik12 ing ‘‘depositors or’’ and inserting ‘‘de13 positors; or’’; and 

14 (II) in subparagraph (D), by 

15 striking the semicolon at the end and 

16 inserting a period; and 

17 (ii) by redesignating the second para18 graph designated as paragraph (6), as 

19 added by section 1090(1) of the Consumer 

20 Financial Protection Act of 2010 (title X 

21 of Public Law 111–203; 124 Stat. 2093) 

22 (relating to referral to the Bureau of Con23 sumer Financial Protection), as paragraph 

24 (7); 


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1 (4) in section 10(b)(3)(A) (12 U.S.C. 

2 1820(b)(3)(A)), by striking ‘‘that Act’’ and inserting 

3 ‘‘the Dodd-Frank Wall Street Reform and Consumer 

4 Protection Act (12 U.S.C. 5301 et seq.)’’; 

5 (5) in section 11 (12 U.S.C. 1821)— 

6 (A) in subsection (d)(2)(I)(ii), by striking 

7 ‘‘and section 21A(b)(4)’’; and 

8 (B) in subsection (m), in each of para9 graphs (16) and (18), by striking the comma 

10 after ‘‘Comptroller of the Currency’’ each place 

11 it appears; and 

12 (6) in section 26(a) (12 U.S.C. 1831c(a)), by 

13 striking ‘‘Holding Company Act’’ each place that 

14 term appears and inserting ‘‘Holding Company Act 

15 of 1956’’. 

16 (s) FEDERAL FINANCIAL INSTITUTIONS EXAMINA17 TION COUNCIL ACT OF 1978.—Section 1003(1) of the 

18 Federal Financial Institutions Examination Council Act of 

19 1978 (12 U.S.C. 3302(1)) is amended by striking ‘‘the 

20 Office of Thrift Supervision,’’. 

21 (t) FEDERAL FIRE PREVENTION AND CONTROL ACT

22 OF 1974.—Section 31(a)(5)(B) of the Federal Fire Pre23 vention and Control Act of 1974 (15 U.S.C. 

24 2227(a)(5)(B)) is amended by striking ‘‘the Federal De25 posit Insurance Corporation’’ and all that follows through 


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1 the period and inserting ‘‘or the Federal Deposit Insur2 ance Corporation under the affordable housing program 

3 under section 40 of the Federal Deposit Insurance Act.’’. 

4 (u) FEDERAL HOME LOAN BANK ACT.—The Federal 

5 Home Loan Bank Act (12 U.S.C. 1421 et seq.) is amend6 ed— 

7 (1) in section 10(h)(1) (12 U.S.C. 1430(h)(1)), 

8 by striking ‘‘Director of the Office of Thrift Super9 vision’’ and inserting ‘‘Comptroller of the Currency 

10 or the Board of Directors of the Federal Deposit In11 surance Corporation, as applicable’’; and 

12 (2) in section 22(a) (12 U.S.C. 1442(a))— 

13 (A) in the matter preceding paragraph (1), 

14 by striking ‘‘Currency’’ and all that follows 

15 through ‘‘Supervision’’ and inserting ‘‘Cur16 rency, the Chairman of the Board of Governors 

17 of the Federal Reserve System, the Chairperson 

18 of the Federal Deposit Insurance Corporation, 

19 and the Chairman of the National Credit Union 

20 Administration’’; and 

21 (B) in the undesignated matter following 

22 paragraph (2), by striking ‘‘Currency’’ and all 

23 that follows through ‘‘Supervision’’ and insert24 ing ‘‘Currency, the Chairman of the Board of 

25 Governors of the Federal Reserve System, and 


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1 the Chairman of the National Credit Union Ad2 ministration’’. 

3 (v) FEDERAL RESERVE ACT.—The Federal Reserve 

4 Act (12 U.S.C. 221 et seq.) is amended— 

5 (1) in section 10 (12 U.S.C. 247b), by redesig6 nating paragraph (12) as paragraph (11); and 

7 (2) in section 11 (12 U.S.C. 248)— 

8 (A) by redesignating subsection (s), as 

9 added by section 1103(b) of the Dodd-Frank 

10 Wall Street Reform and Consumer Protection 

11 Act (124 Stat. 2118) (relating to Federal Re12 serve transparency and release of information), 

13 as subsection (t), and moving subsection (t), as 

14 so redesignated, so it appears after subsection 

15 (s); 

16 (B) in subsection (s)(2)(C), by striking 

17 ‘‘supervised by the Board’’ and inserting ‘‘sub18 ject to a final determination’’; and 

19 (C) in subsection (t), as so redesignated, in 

20 paragraph (8)(B), by striking ‘‘this section’’ 

21 and inserting ‘‘this subsection’’. 

22 (w) FINANCIAL INSTITUTIONS REFORM, RECOVERY, 

23 AND ENFORCEMENT ACT OF 1989.—The Financial Insti24 tutions Reform, Recovery, and Enforcement Act of 1989 

25 (Public Law 101–73; 103 Stat. 183) is amended— 


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1 (1) in section 1121(6) (12 U.S.C. 3350(6)), by 

2 striking ‘‘the Office of Thrift Supervision,’’; and 

3 (2) in section 1206(a) (12 U.S.C. 1833b(a)), by 

4 striking ‘‘and the Bureau of Consumer Financial 

5 Protection,’’ and inserting ‘‘the Bureau of Consumer 

6 Financial Protection, and’’. 

7 (x) GRAMM-LEACH-BLILEY ACT.—The Gramm8 Leach-Bliley Act (Public Law 106–102; 113 Stat. 1338) 

9 is amended— 

10 (1) in section 132(a) (12 U.S.C. 1828b(a)), by 

11 striking ‘‘the Director of the Office of Thrift Super12 vision,’’; 

13 (2) in section 206(a) (15 U.S.C. 78c note), by 

14 striking ‘‘Except as provided in subsection (e), for’’ 

15 and inserting ‘‘For’’; 

16 (3) in section 502(e)(5) (15 U.S.C. 6802(e)(5)), 

17 by inserting a comma after ‘‘Protection’’; 

18 (4) in section 504(a)(2) (15 U.S.C. 

19 6804(a)(2)), by striking ‘‘and, as appropriate, and 

20 with’’ and inserting ‘‘and, as appropriate, with’’; 

21 (5) in section 509(2) (15 U.S.C. 6809(2))— 

22 (A) by striking subparagraph (D); and 

23 (B) by redesignating subparagraphs (E) 

24 and (F) as subparagraphs (D) and (E), respec25 tively; and 


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1 (6) in section 522(b)(1)(A)(iv) (15 U.S.C. 

2 6822(b)(1)(A)(iv)), by striking ‘‘Director of the Of3 fice of Thrift Supervision’’ and inserting ‘‘Comp4 troller of the Currency and the Board of Directors 

5 of the Federal Deposit Insurance Corporation, as 

6 appropriate’’. 

7 (y) HELPING FAMILIES SAVE THEIR HOMES ACT OF

8 2009.—Section 104 of the Helping Families Save Their 

9 Homes Act of 2009 (12 U.S.C. 1715z–25) is amended— 

10 (1) in subsection (a)— 

11 (A) in the matter preceding paragraph 

12 (1)— 

13 (i) by striking ‘‘and the Director of 

14 the Office of Thrift Supervision, shall 

15 jointly’’ and inserting ‘‘shall’’; 

16 (ii) by striking ‘‘Senate,’’ and insert17 ing ‘‘Senate and’’; 

18 (iii) by striking ‘‘and the Office of 

19 Thrift Supervision’’; and 

20 (iv) by striking ‘‘each such’’ and in21 serting ‘‘such’’; and 

22 (B) in paragraph (1), by striking ‘‘and the 

23 Office of Thrift Supervision’’; and 

24 (2) in subsection (b)(1)— 

25 (A) in subparagraph (A)— 


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1 (i) in the first sentence— 

2 (I) by striking ‘‘and the Director 

3 of the Office of Thrift Supervision,’’; 

4 and 

5 (II) by striking ‘‘or the Direc6 tor’’; and 

7 (ii) in the second sentence, by striking 

8 ‘‘and the Director of the Office of Thrift 

9 Supervision’’; and 

10 (B) in subparagraph (B), by striking ‘‘and 

11 the Director of the Office of Thrift Super12 vision’’. 

13 (z) HOME MORTGAGE DISCLOSURE ACT OF 1975.— 

14 The Home Mortgage Disclosure Act of 1975 (12 U.S.C. 

15 2801 et seq.) is amended— 

16 (1) in section 304(j)(3) (12 U.S.C. 2803(j)(3)), 

17 by adding a period at the end; and 

18 (2) in section 305(b)(1)(A) (12 U.S.C. 

19 2804(b)(1)(A))— 

20 (A) in the matter preceding clause (i), by 

21 inserting ‘‘by’’ before ‘‘the appropriate Federal 

22 banking agency’’; and 

23 (B) in clause (iii), by striking ‘‘bank as,’’ 

24 and inserting ‘‘bank, as’’. 


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1 (aa) HOME OWNERS’ LOAN ACT.—The Home Own2 ers’ Loan Act (12 U.S.C. 1461 et seq.) is amended— 

3 (1) in section 5 (12 U.S.C. 1464)— 

4 (A) in subsection (d)(2)(E)(ii)— 

5 (i) in the first sentence, by striking 

6 ‘‘Except as provided in section 21A of the 

7 Federal Home Loan Bank Act, the’’ and 

8 inserting ‘‘The’’; and 

9 (ii) by striking ‘‘, at the Director’s 

10 discretion,’’; 

11 (B) in subsection (i)(6), by striking ‘‘the 

12 Office of Thrift Supervision or’’; 

13 (C) in subsection (m), by striking ‘‘Direc14 tor’s’’ each place that term appears and insert15 ing ‘‘appropriate Federal banking agency’s’’; 

16 (D) in subsection (n)(9)(B), by striking 

17 ‘‘Director’s’’ and inserting ‘‘Comptroller’s’’; and 

18 (E) in subsection (s)— 

19 (i) in paragraph (1)— 

20 (I) in the matter preceding sub21 paragraph (A), by striking ‘‘of such 

22 Act)’’ and all that follows through 

23 ‘‘shall require’’ and inserting ‘‘of such 

24 Act), the appropriate Federal banking 

25 agency shall require’’; and 


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1 (II) in subparagraph (B), by 

2 striking ‘‘other methods’’ and all that 

3 follows through ‘‘determines’’ and in4 serting ‘‘other methods as the appro5 priate Federal banking agency deter6 mines’’; 

7 (ii) in paragraph (2)— 

8 (I) by striking ‘‘DETERMINED’’ 

9 and all that follows through ‘‘may, 

10 consistent’’ and inserting ‘‘DETER11 MINED BY APPROPRIATE FEDERAL

12 BANKING AGENCY CASE-BY-CASE.— 

13 The appropriate Federal banking 

14 agency may, consistent’’; and 

15 (II) by striking ‘‘capital-to-as16 sets’’ and all that follows through 

17 ‘‘determines to be necessary’’ and in18 serting ‘‘capital-to-assets as the ap19 propriate Federal banking agency de20 termines to be necessary’’; and 

21 (iii) in paragraph (3)— 

22 (I) by striking ‘‘agency, may’’ 

23 and inserting ‘‘agency may’’; and 


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1 (II) by striking ‘‘the Comp2 troller’’ and inserting ‘‘the appro3 priate Federal banking agency’’; 

4 (2) in section 6(c) (12 U.S.C. 1465(c)), by 

5 striking ‘‘sections’’ and inserting ‘‘section’’; 

6 (3) in section 10 (12 U.S.C. 1467a)— 

7 (A) in subsection (b)(6), by striking 

8 ‘‘time’’ and all that follows through ‘‘release’’ 

9 and inserting ‘‘time, upon the motion or appli10 cation of the Board, release’’; 

11 (B) in subsection (c)(2)(H)— 

12 (i) in the matter preceding clause 

13 (i)— 

14 (I) by striking ‘‘1841(p))’’ and 

15 inserting ‘‘1841(p)))’’; and 

16 (II) by inserting ‘‘(12 U.S.C. 

17 1843(k))’’ before ‘‘if—’’; and 

18 (ii) in clause (i), by inserting ‘‘of 1956 

19 (12 U.S.C. 1843(l) and (m))’’ after ‘‘Com20 pany Act’’; and 

21 (C) in subsection (e)(7)(B)(iii)— 

22 (i) by striking ‘‘Board of the Office of 

23 Thrift Supervision’’ and inserting ‘‘Direc24 tor of the Office of Thrift Supervision’’; 

25 and 


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1 (ii) by inserting ‘‘(as defined in sec2 tion 2 of the Dodd-Frank Wall Street Re3 form and Consumer Protection Act (12 

4 U.S.C. 5301))’’ after ‘‘transfer date’’; and 

5 (4) in section 13 (12 U.S.C. 1468b), by striking 

6 ‘‘the a’’ and inserting ‘‘a’’. 

7 (bb) HOME OWNERSHIP AND EQUITY PROTECTION

8 ACT OF 1994.—Section 158 of the Home Ownership and 

9 Equity Protection Act of 1994 (15 U.S.C. 1601 note) is 

10 amended by striking ‘‘Bureau’’ each place that term ap11 pears and inserting ‘‘Bureau of Consumer Financial Pro12 tection’’. 

13 (cc) HOUSING ACT OF 1948.—Section 502(c)(3) of 

14 the Housing Act of 1948 (12 U.S.C. 1701c(c)(3)) is 

15 amended by striking ‘‘Federal Home Loan Bank Agency’’ 

16 and inserting ‘‘Federal Housing Finance Agency’’. 

17 (dd) HOUSING AND URBAN DEVELOPMENT ACT OF

18 1968.—Section 106(h)(5) of the Housing and Urban De19 velopment Act of 1968 (12 U.S.C. 1701x(h)(5)) is amend20 ed by striking ‘‘authorised’’ and inserting ‘‘authorized’’. 

21 (ee) INTERNATIONAL BANKING ACT OF 1978.—Sec22 tion 15 of the International Banking Act of 1978 (12 

23 U.S.C. 3109) is amended— 

24 (1) in each of subsections (a) and (b)— 


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1 (A) by striking ‘‘, and Director of the Of2 fice of Thrift Supervision’’ each place that term 

3 appears; and 

4 (B) by inserting ‘‘and’’ before ‘‘Federal 

5 Deposit’’ each place that term appears; 

6 (2) in subsection (a), by striking ‘‘Comptroller, 

7 Corporation, or Director’’ and inserting ‘‘Comp8 troller, or Corporation’’; and 

9 (3) in subsection (c)(4)— 

10 (A) by inserting ‘‘and’’ before ‘‘the Federal 

11 Deposit’’; and 

12 (B) by striking ‘‘, and the Director of the 

13 Office of Thrift Supervision’’. 

14 (ff) INTERNATIONAL LENDING SUPERVISION ACT OF

15 1983.—Section 912 of the International Lending Super16 vision Act of 1983 (12 U.S.C. 3911) is amended— 

17 (1) in the section heading, by striking ‘‘AND

18 THE OFFICE OF THRIFT SUPERVISION’’; 

19 (2) by striking subsection (b); 

20 (3) by striking ‘‘(a) IN GENERAL.—’’; and 

21 (4) by striking ‘‘4’’ and inserting ‘‘3’’. 

22 (gg) INTERSTATE LAND SALES FULL DISCLOSURE

23 ACT.—The Interstate Land Sales Full Disclosure Act (15 

24 U.S.C. 1701 et seq.) is amended— 


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1 (1) in section 1402(1) (15 U.S.C. 1701(1)) by 

2 striking ‘‘Bureau of’’ and all that follows through 

3 the semicolon at the end and inserting ‘‘Bureau of 

4 Consumer Financial Protection;’’; and 

5 (2) in each of section 1411(b) (15 U.S.C. 

6 1710(b)) and subsections (b)(4) and (d) of section 

7 1418a (15 U.S.C. 1717a), by striking ‘‘Secretary’s’’ 

8 each place that term appears and inserting ‘‘Direc9 tor’s’’. 

10 (hh) INVESTMENT ADVISERS ACT OF 1940.—Section 

11 224 of the Investment Advisers Act of 1940 (15 U.S.C. 

12 80b–18c) is amended in the section heading, by striking 

13 ‘‘COMMODITIES’’ and inserting ‘‘COMMODITY’’. 

14 (ii) LEGAL CERTAINTY FOR BANK PRODUCTS ACT

15 OF 2000.—Section 403(b)(1) of the Legal Certainty for 

16 Bank Products Act of 2000 (7 U.S.C. 27a(b)(1)) is 

17 amended by striking ‘‘that section’’ and inserting ‘‘sec18 tion’’. 

19 (jj) OMNIBUS APPROPRIATIONS ACT, 2009.—Section 

20 626(b) of the Omnibus Appropriations Act, 2009 (12 

21 U.S.C. 5538(b)) is amended, in each of paragraphs (2) 

22 and (3), by inserting a comma after ‘‘as appropriate’’ each 

23 place that term appears. 


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1 (kk) PUBLIC LAW 93–495.—Section 111 of Public 

2 Law 93–495 (12 U.S.C. 250) is amended by striking ‘‘the 

3 Director of the Office of Thrift Supervision,’’. 

4 (ll) REVISED STATUTES OF THE UNITED STATES.— 

5 Section 5136C(i) of the Revised Statutes of the United 

6 States (12 U.S.C. 25b(i)) is amended by striking ‘‘POW7 ERS.—’’ and all that follows through ‘‘In accordance’’ and 

8 inserting ‘‘POWERS.—In accordance’’. 

9 (mm) RIEGLE COMMUNITY DEVELOPMENT AND

10 REGULATORY IMPROVEMENT ACT OF 1994.—Section 

11 117(e) of the Riegle Community Development and Regu12 latory Improvement Act of 1994 (12 U.S.C. 4716(e)) is 

13 amended by striking ‘‘the Director of the Office of Thrift 

14 Supervision,’’. 

15 (nn) S.A.F.E. MORTGAGE LICENSING ACT OF

16 2008.—Section 1514 of the S.A.F.E. Mortgage Licensing 

17 Act of 2008 (12 U.S.C. 5113) is amended in each of sub18 sections (b)(5) and (c)(4)(C), by striking ‘‘Secretary’s’’ 

19 each place that term appears and inserting ‘‘Director’s’’. 

20 (oo) SECURITIES EXCHANGE ACT OF 1934.—The Se21 curities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 

22 is amended— 

23 (1) in section 3C(g)(4)(B)(v) (15 U.S.C. 78c– 

24 3(g)(4)(B)(v)), by striking ‘‘of that Act’’ and insert25 ing ‘‘of that section’’; 


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1 (2) in section 3D(d)(10)(A) (15 U.S.C. 78c– 

2 4(d)(10)(A)), by striking ‘‘taking’’ and inserting 

3 ‘‘take’’; 

4 (3) in section 3E(b)(1) (15 U.S.C. 78c– 

5 5(b)(1)), by striking ‘‘though’’ and inserting 

6 ‘‘through’’; 

7 (4) in section 4(g)(8)(A) (15 U.S.C. 

8 78d(g)(8)(A)), by striking ‘‘(2)(A)(i)’’ and inserting 

9 ‘‘(2)(A)(ii)’’; 

10 (5) in section 15 (15 U.S.C. 78o)— 

11 (A) in each of subparagraphs (B)(ii) and 

12 (C) of subsection (b)(4), by striking ‘‘dealer 

13 municipal advisor,,’’ and inserting ‘‘dealer, mu14 nicipal advisor,’’; 

15 (B) by redesignating subsection (j) (relat16 ing to the authority of the Commission) as sub17 section (p), and moving that subsection so it 

18 follows subsection (o); 

19 (C) by redesignating subsections (k) and 

20 (l) (relating to standard of conduct and other 

21 matters, respectively), as added by section 

22 913(g)(1) of the Investor Protection and Secu23 rities Reform Act of 2010 (title IX of Public 

24 Law 111–203; 124 Stat. 1828), as subsections 


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1 (q) and (r), respectively and moving those sub2 sections to the end; and 

3 (D) in subsection (m), in the undesignated 

4 matter following paragraph (2), by inserting 

5 ‘‘the’’ before ‘‘same extent’’; 

6 (6) in section 15F(h) (15 U.S.C. 78o–10(h))— 

7 (A) in paragraph (2)— 

8 (i) in subparagraph (A), by inserting 

9 ‘‘a’’ after ‘‘that acts as an advisor to’’; and 

10 (ii) in subparagraph (B), by inserting 

11 ‘‘a’’ after ‘‘offers to enter into’’; and 

12 (B) in paragraph (5)(A)(i)— 

13 (i) by inserting ‘‘(A)’’ after ‘‘(18)’’; 

14 and 

15 (ii) in subclause (VII), by striking 

16 ‘‘act of’’ and inserting ‘‘Act of’’; 

17 (7) in section 15G (15 U.S.C. 78o–11)— 

18 (A) in subsection (b)(2), by inserting ‘‘Di19 rector of the’’ before ‘‘Federal Housing’’; and 

20 (B) in subsection (e)— 

21 (i) in paragraph (4)— 

22 (I) in subparagraph (A), by strik23 ing ‘‘subsection’’ and inserting ‘‘sec24 tion’’; and 

25 (II) in subparagraph (C)— 


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1 (aa) by striking 

2 ‘‘129C(c)(2)’’ and inserting 

3 ‘‘129C(b)(2)(A)’’; and 

4 (bb) by inserting ‘‘(15 

5 U.S.C. 1639c(b)(2)(A))’’ after 

6 ‘‘Lending Act’’; and 

7 (ii) in paragraph (5), by striking 

8 ‘‘subsection’’ and inserting ‘‘section’’; and 

9 (8) in section 17A (15 U.S.C. 78q–1), by redes10 ignating the second subsection designated as sub11 section (g), as added by section 929W of the Inves12 tor Protection and Securities Reform Act of 2010 

13 (title IX of Public Law 111–203; 124 Stat. 1869) 

14 (relating to due diligence for the delivery of divi15 dends, interest, and other valuable property rights), 

16 as subsection (n) and moving that subsection to the 

17 end. 

18 (pp) TELEMARKETING AND CONSUMER FRAUD AND

19 ABUSE PREVENTION ACT.—Section 3(b) of the Tele20 marketing and Consumer Fraud and Abuse Prevention 

21 Act (15 U.S.C. 6102(b)) is amended by inserting before 

22 the period at the end the following: ‘‘, provided, however, 

23 that nothing in this section shall conflict with or supersede 

24 section 6 of the Federal Trade Commission Act (15 U.S.C. 

25 46)’’. 


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1 (qq) TITLE 5.—Title 5, United States Code, is 

2 amended— 

3 (1) in section 3132(a)(1)(D), by striking ‘‘the 

4 Office of Thrift Supervision,, the Resolution Trust 

5 Corporation,’’; and 

6 (2) in section 5314, by striking ‘‘Director of the 

7 Office of Thrift Supervision.’’. 

8 (rr) TITLE 31.— 

9 (1) AMENDMENTS.—Title 31, United States 

10 Code, is amended— 

11 (A) by striking section 309; 

12 (B) in section 313— 

13 (i) in subsection (j)(2), by striking 

14 ‘‘Agency’’; and 

15 (ii) in subsection (r)(4), by striking 

16 ‘‘the Office of Thrift Supervision,’’; and 

17 (C) in section 714(d)(3)(B) by striking ‘‘a 

18 audit’’ and inserting ‘‘an audit’’. 

19 (2) ANALYSIS.—The analysis for subchapter I 

20 of chapter 3 of title 31, United States Code, is 

21 amended by striking the item relating to section 

22 309. 

23 (ss) TRUTH IN LENDING ACT.—The Truth in Lend24 ing Act (15 U.S.C. 1601 et seq.) is amended— 


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1 (1) in section 103(dd)(2)(E)(v) (15 U.S.C. 

2 1602(dd)(2)(E)(v)), as redesignated by section 

3 909(a)(1) of this Act, by striking ‘‘Board’’ and in4 serting ‘‘Bureau’’; 

5 (2) in section 105 (15 U.S.C. 1604), by insert6 ing subsection (h), as added by section 1472(c) of 

7 the Mortgage Reform and Anti-Predatory Lending 

8 Act (title XIV of Public Law 111–203; 124 Stat. 

9 2190), before subsection (i), as added by section 

10 1100A(7) of the Consumer Financial Protection Act 

11 of 2010 (title X of Public Law 111–203; 124 Stat. 

12 2108); 

13 (3) in section 106(f)(2)(B)(i) (15 U.S.C. 

14 1605(f)(2)(B)(i)), by striking ‘‘103(w)’’ and insert15 ing ‘‘103(x)’’; 

16 (4) in section 121(b) (15 U.S.C. 1631(b)), by 

17 striking ‘‘103(f)’’ and inserting ‘‘103(g)’’; 

18 (5) in section 122(d)(5) (15 U.S.C. 

19 1632(d)(5)), by striking ‘‘and the Bureau’’; 

20 (6) in section 125(e)(1) (15 U.S.C. 1635(e)(1)), 

21 by striking ‘‘103(w)’’ and inserting ‘‘103(x)’’; 

22 (7) in section 129 (15 U.S.C. 1639)— 

23 (A) in subsection (q), by striking ‘‘(l)(2)’’ 

24 and inserting ‘‘(p)(2)’’; and 


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1 (B) in subsection (u)(3), by striking 

2 ‘‘Board’’ each place that term appears and in3 serting ‘‘Bureau’’; 

4 (8) in section 129C (15 U.S.C. 1639c)— 

5 (A) in subsection (b)(2)(B), by striking the 

6 second period at the end; and 

7 (B) in subsection (c)(1)(B)(ii)(I), by strik8 ing ‘‘a original’’ and inserting ‘‘an original’’; 

9 (9) in section 140A (15 U.S.C. 1651), by strik10 ing ‘‘the Bureau and’’; 

11 (10) in section 148(d) (15 U.S.C. 1665c(d)), by 

12 striking ‘‘Bureau’’ and inserting ‘‘Board’’; 

13 (11) in section 149 (15 U.S.C. 1665d)— 

14 (A) by striking ‘‘the Director of the Office 

15 of Thrift Supervision,’’ each place that term ap16 pears; 

17 (B) by striking ‘‘National Credit Union 

18 Administration Bureau’’ each place that term 

19 appears and inserting ‘‘National Credit Union 

20 Administration Board’’; and 

21 (C) by striking ‘‘Bureau of Directors of 

22 the Federal Deposit Insurance Corporation’’ 

23 each place that term appears and inserting 

24 ‘‘Board of Directors of the Federal Deposit In25 surance Corporation’’; and 


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1 (12) in section 181(1) (15 U.S.C. 1667(1)), by 

2 striking ‘‘103(g)’’ and inserting ‘‘103(h)’’. 

3 (tt) TRUTH IN SAVINGS ACT.—The Truth in Savings 

4 Act (12 U.S.C. 4301 et seq.) is amended in each of sec5 tions 269(a)(4) (12 U.S.C. 4308(a)(4)), 270(a)(2) (12 

6 U.S.C. 4309(a)(2)), and 274(6) (12 U.S.C. 4313(6)), by 

7 striking ‘‘Administration Bureau’’ each place that term 

8 appears and inserting ‘‘Administration Board’’. 

9 SEC. 999G. RULEMAKING DEADLINES. 

10 (a) ONE-YEAR EXTENSION.—The deadline for 

11 issuance of any rule or regulation, conduct of any study, 

12 or submission of any report required by the Dodd-Frank 

13 Wall Street Reform and Consumer Protection Act (Public 

14 Law 111–203) or amendments made by that Act that has 

15 not been met or is not met in final form by the date speci16 fied in that Act or those amendments, shall be extended 

17 for 1 year. 

18 (b) NO EFFECT ON FINALIZED RULES.—The exten19 sion provided under subsection (a) shall have no effect on 

20 any rule required by the Dodd-Frank Wall Street Reform 

21 and Consumer Protection Act (Public Law 111–203) or 

22 amendments made by that Act that have been issued in 

23 final form before the date of enactment of this title. 


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1 SEC. 999H. EFFECTIVE DATES. 

2 Except as otherwise specifically provided in this 

3 title— 

4 (1) the amendments made by this title to a pro5 vision of the Dodd-Frank Wall Street Reform and 

6 Consumer Protection Act (Public Law 111–203) 

7 shall take effect as if enacted on the effective date 

8 of the provision, immediately after the provision 

9 takes effect; and 

10 (2) the amendments made by this title to a pro11 vision of law amended by the Dodd-Frank Wall 

12 Street Reform and Consumer Protection Act shall 

13 take effect as if enacted on the effective date of the 

14 amendment to that provision of law made by the 

15 Dodd-Frank Wall Street Reform and Consumer Pro16 tection Act, immediately after the amendment made 

17 by the Dodd-Frank Wall Street Reform and Con18 sumer Protection Act takes effect. 

19 This division may be cited as the ‘‘Financial Services 

20 and General Government Appropriations Act, 2016’’. 


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1 DIVISION B—DEPARTMENT OF THE INTE2 RIOR, ENVIRONMENT, AND RELATED 

3 AGENCIES APPROPRIATIONS ACT, 2016 

4 TITLE I 

5 DEPARTMENT OF THE INTERIOR 

6 BUREAU OF LAND MANAGEMENT

7 MANAGEMENT OF LANDS AND RESOURCES

8 For necessary expenses for protection, use, improve9 ment, development, disposal, cadastral surveying, classi10 fication, acquisition of easements and other interests in 

11 lands, and performance of other functions, including main12 tenance of facilities, as authorized by law, in the manage13 ment of lands and their resources under the jurisdiction 

14 of the Bureau of Land Management, including the general 

15 administration of the Bureau, and assessment of mineral 

16 potential of public lands pursuant to section 1010(a) of 

17 Public Law 96–487 (16 U.S.C. 3150(a)), $1,045,562,000, 

18 to remain available until expended, including all such 

19 amounts as are collected from permit processing fees, as 

20 authorized but made subject to future appropriation by 

21 section 35(d)(3)(A)(i) of the Mineral Leasing Act (30 

22 U.S.C. 191), as amended, except that amounts from per23 mit processing fees may be used for any bureau-related 

24 expenses associated with the processing of oil and gas ap25 plications for permits to drill and related use authorizaVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 tions; of which $3,000,000 shall be available in fiscal year 

2 2016 subject to a match by at least an equal amount by 

3 the National Fish and Wildlife Foundation for cost-shared 

4 projects supporting conservation of Bureau lands; and 

5 such funds shall be advanced to the Foundation as a lump6 sum grant without regard to when expenses are incurred. 

7 In addition, $39,696,000 is for Mining Law Adminis8 tration program operations, including the cost of admin9 istering the mining claim fee program, to remain available 

10 until expended, to be reduced by amounts collected by the 

11 Bureau and credited to this appropriation from mining 

12 claim maintenance fees and location fees that are hereby 

13 authorized for fiscal year 2016, so as to result in a final 

14 appropriation estimated at not more than $1,045,562,000, 

15 and $2,000,000, to remain available until expended, from 

16 communication site rental fees established by the Bureau 

17 for the cost of administering communication site activities. 

18 LAND ACQUISITION

19 For expenses necessary to carry out sections 205, 

20 206, and 318(d) of Public Law 94–579, including admin21 istrative expenses and acquisition of lands or waters, or 

22 interests therein, $18,922,000, to be derived from the 

23 Land and Water Conservation Fund and to remain avail24 able until expended. 


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1 OREGON AND CALIFORNIA GRANT LANDS

2 For expenses necessary for management, protection, 

3 and development of resources and for construction, oper4 ation, and maintenance of access roads, reforestation, and 

5 other improvements on the revested Oregon and California 

6 Railroad grant lands, on other Federal lands in the Or7 egon and California land-grant counties of Oregon, and 

8 on adjacent rights-of-way; and acquisition of lands or in9 terests therein, including existing connecting roads on or 

10 adjacent to such grant lands; $105,621,000, to remain 

11 available until expended: Provided, That 25 percent of the 

12 aggregate of all receipts during the current fiscal year 

13 from the revested Oregon and California Railroad grant 

14 lands is hereby made a charge against the Oregon and 

15 California land-grant fund and shall be transferred to the 

16 General Fund in the Treasury in accordance with the sec17 ond paragraph of subsection (b) of title II of the Act of 

18 August 28, 1937 (43 U.S.C. 1181(f)). 

19 RANGE IMPROVEMENTS

20 For rehabilitation, protection, and acquisition of 

21 lands and interests therein, and improvement of Federal 

22 rangelands pursuant to section 401 of the Federal Land 

23 Policy and Management Act of 1976 (43 U.S.C. 1751), 

24 notwithstanding any other Act, sums equal to 50 percent 

25 of all moneys received during the prior fiscal year under 


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1 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

2 315(b), 315(m)) and the amount designated for range im3 provements from grazing fees and mineral leasing receipts 

4 from Bankhead-Jones lands transferred to the Depart5 ment of the Interior pursuant to law, but not less than 

6 $10,000,000, to remain available until expended: Pro7 vided, That not to exceed $600,000 shall be available for 

8 administrative expenses. 

9 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

10 For administrative expenses and other costs related 

11 to processing application documents and other authoriza12 tions for use and disposal of public lands and resources, 

13 for costs of providing copies of official public land docu14 ments, for monitoring construction, operation, and termi15 nation of facilities in conjunction with use authorizations, 

16 and for rehabilitation of damaged property, such amounts 

17 as may be collected under Public Law 94–579 (43 U.S.C. 

18 1701 et seq.), and under section 28 of the Mineral Leasing 

19 Act (30 U.S.C. 185), to remain available until expended: 

20 Provided, That, notwithstanding any provision to the con21 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 

22 1735(a)), any moneys that have been or will be received 

23 pursuant to that section, whether as a result of forfeiture, 

24 compromise, or settlement, if not appropriate for refund 

25 pursuant to section 305(c) of that Act (43 U.S.C. 


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1 1735(c)), shall be available and may be expended under 

2 the authority of this Act by the Secretary to improve, pro3 tect, or rehabilitate any public lands administered through 

4 the Bureau of Land Management which have been dam5 aged by the action of a resource developer, purchaser, per6 mittee, or any unauthorized person, without regard to 

7 whether all moneys collected from each such action are 

8 used on the exact lands damaged which led to the action: 

9 Provided further, That any such moneys that are in excess 

10 of amounts needed to repair damage to the exact land for 

11 which funds were collected may be used to repair other 

12 damaged public lands. 

13 MISCELLANEOUS TRUST FUNDS

14 In addition to amounts authorized to be expended 

15 under existing laws, there is hereby appropriated such 

16 amounts as may be contributed under section 307 of Pub17 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 

18 may be advanced for administrative costs, surveys, ap19 praisals, and costs of making conveyances of omitted lands 

20 under section 211(b) of that Act (43 U.S.C. 1721(b)), to 

21 remain available until expended. 

22 ADMINISTRATIVE PROVISIONS

23 The Bureau of Land Management may carry out the 

24 operations funded under this Act by direct expenditure, 

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1 able agreements with public and private entities, including 

2 with States. Appropriations for the Bureau shall be avail3 able for purchase, erection, and dismantlement of tem4 porary structures, and alteration and maintenance of nec5 essary buildings and appurtenant facilities to which the 

6 United States has title; up to $100,000 for payments, at 

7 the discretion of the Secretary, for information or evidence 

8 concerning violations of laws administered by the Bureau; 

9 miscellaneous and emergency expenses of enforcement ac10 tivities authorized or approved by the Secretary and to be 

11 accounted for solely on the Secretary’s certificate, not to 

12 exceed $10,000: Provided, That, notwithstanding Public 

13 Law 90–620 (44 U.S.C. 501), the Bureau may, under co14 operative cost-sharing and partnership arrangements au15 thorized by law, procure printing services from cooperators 

16 in connection with jointly produced publications for which 

17 the cooperators share the cost of printing either in cash 

18 or in services, and the Bureau determines the cooperator 

19 is capable of meeting accepted quality standards: Provided 

20 further, That projects to be funded pursuant to a written 

21 commitment by a State government to provide an identi22 fied amount of money in support of the project may be 

23 carried out by the Bureau on a reimbursable basis. Appro24 priations herein made shall not be available for the de25 struction of healthy, unadopted, wild horses and burros 


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1 in the care of the Bureau or its contractors or for the 

2 sale of wild horses and burros that results in their destruc3 tion for processing into commercial products. 

4 UNITED STATES FISH AND WILDLIFE SERVICE

5 RESOURCE MANAGEMENT

6 For necessary expenses of the United States Fish and 

7 Wildlife Service, as authorized by law, and for scientific 

8 and economic studies, general administration, and for the 

9 performance of other authorized functions related to such 

10 resources, $1,203,545,000, to remain available until Sep11 tember 30, 2017 except as otherwise provided herein: Pro12 vided, That not to exceed $17,515,000 shall be used for 

13 implementing subsections (a), (b), (c), and (e) of section 

14 4 of the Endangered Species Act of 1973 (16 U.S.C. 

15 1533) (except for processing petitions, developing and 

16 issuing proposed and final regulations, and taking any 

17 other steps to implement actions described in subsection 

18 (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to 

19 exceed $1,605,000 shall be used for any activity regarding 

20 the designation of critical habitat, pursuant to subsection 

21 (a)(3), excluding litigation support, for species listed pur22 suant to subsection (a)(1) prior to October 1, 2012; of 

23 which not to exceed $1,501,000 shall be used for any ac24 tivity regarding petitions to list species that are indigenous 

25 to the United States pursuant to subsections (b)(3)(A) 


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1 and (b)(3)(B); and, of which not to exceed $1,504,000 

2 shall be used for implementing subsections (a), (b), (c), 

3 and (e) of section 4 of the Endangered Species Act of 

4 1973 (16 U.S.C. 1533) for species that are not indigenous 

5 to the United States. 

6 CONSTRUCTION

7 For construction, improvement, acquisition, or re8 moval of buildings and other facilities required in the con9 servation, management, investigation, protection, and uti10 lization of fish and wildlife resources, and the acquisition 

11 of lands and interests therein; $23,687,000, to remain 

12 available until expended. 

13 LAND ACQUISITION

14 For expenses necessary to carry out the Land and 

15 Water Conservation Fund Act of 1965, (16 U.S.C. 460l– 

16 4 et seq.), including administrative expenses, and for ac17 quisition of land or waters, or interest therein, in accord18 ance with statutory authority applicable to the United 

19 States Fish and Wildlife Service, $48,887,000, to be de20 rived from the Land and Water Conservation Fund and 

21 to remain available until expended: Provided, That none 

22 of the funds appropriated for specific land acquisition 

23 projects may be used to pay for any administrative over24 head, planning or other management costs. 


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1 COOPERATIVE ENDANGERED SPECIES CONSERVATION

2 FUND

3 For expenses necessary to carry out section 6 of the 

4 Endangered Species Act of 1973 (16 U.S.C. 1535), 

5 $42,417,000, to remain available until expended, of which 

6 $20,600,000 is to be derived from the Cooperative Endan7 gered Species Conservation Fund; and of which 

8 $21,817,000 is to be derived from the Land and Water 

9 Conservation Fund. 

10 NATIONAL WILDLIFE REFUGE FUND

11 For expenses necessary to implement the Act of Octo12 ber 17, 1978 (16 U.S.C. 715s), $13,228,000. 

13 NORTH AMERICAN WETLANDS CONSERVATION FUND

14 For expenses necessary to carry out the provisions 

15 of the North American Wetlands Conservation Act (16 

16 U.S.C. 4401 et seq.), $35,145,000, to remain available 

17 until expended. 

18 NEOTROPICAL MIGRATORY BIRD CONSERVATION

19 For expenses necessary to carry out the Neotropical 

20 Migratory Bird Conservation Act (16 U.S.C. 6101 et 

21 seq.), $3,660,000, to remain available until expended. 

22 MULTINATIONAL SPECIES CONSERVATION FUND

23 For expenses necessary to carry out the African Ele24 phant Conservation Act (16 U.S.C. 4201 et seq.), the 

25 Asian Elephant Conservation Act of 1997 (16 U.S.C. 


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1 4261 et seq.), the Rhinoceros and Tiger Conservation Act 

2 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con3 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the 

4 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 

5 et seq.), $10,061,000, to remain available until expended. 

6 STATE AND TRIBAL WILDLIFE GRANTS

7 For wildlife conservation grants to States and to the 

8 District of Columbia, Puerto Rico, Guam, the United 

9 States Virgin Islands, the Northern Mariana Islands, 

10 American Samoa, and federally recognized Indian tribes 

11 under the provisions of the Fish and Wildlife Act of 1956 

12 and the Fish and Wildlife Coordination Act, for the devel13 opment and implementation of programs for the benefit 

14 of wildlife and their habitat, including species that are not 

15 hunted or fished, $60,571,000, to remain available until 

16 expended: Provided, That, of the amount provided herein, 

17 $4,084,000 is for a competitive grant program for feder18 ally recognized Indian tribes not subject to the remaining 

19 provisions of this appropriation: Provided further, That 

20 $5,487,000 is for a competitive grant program to imple21 ment approved plans for States, territories, and other ju22 risdictions and at the discretion of affected States, the re23 gional Associations of fish and wildlife agencies, not sub24 ject to the remaining provisions of this appropriation: Pro25 vided further, That the Secretary shall, after deducting 


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1 $9,571,000 and administrative expenses, apportion the 

2 amount provided herein in the following manner: (1) to 

3 the District of Columbia and to the Commonwealth of 

4 Puerto Rico, each a sum equal to not more than one-half 

5 of 1 percent thereof; and (2) to Guam, American Samoa, 

6 the United States Virgin Islands, and the Commonwealth 

7 of the Northern Mariana Islands, each a sum equal to not 

8 more than one-fourth of 1 percent thereof: Provided fur9 ther, That the Secretary shall apportion the remaining 

10 amount in the following manner: (1) one-third of which 

11 is based on the ratio to which the land area of such State 

12 bears to the total land area of all such States; and (2) 

13 two-thirds of which is based on the ratio to which the pop14 ulation of such State bears to the total population of all 

15 such States: Provided further, That the amounts appor16 tioned under this paragraph shall be adjusted equitably 

17 so that no State shall be apportioned a sum which is less 

18 than 1 percent of the amount available for apportionment 

19 under this paragraph for any fiscal year or more than 5 

20 percent of such amount: Provided further, That the Fed21 eral share of planning grants shall not exceed 75 percent 

22 of the total costs of such projects and the Federal share 

23 of implementation grants shall not exceed 65 percent of 

24 the total costs of such projects: Provided further, That the 

25 non-Federal share of such projects may not be derived 


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1 from Federal grant programs: Provided further, That any 

2 amount apportioned in 2016 to any State, territory, or 

3 other jurisdiction that remains unobligated as of Sep4 tember 30, 2017, shall be reapportioned, together with 

5 funds appropriated in 2018, in the manner provided here6 in. 

7 ADMINISTRATIVE PROVISIONS

8 The United States Fish and Wildlife Service may 

9 carry out the operations of Service programs by direct ex10 penditure, contracts, grants, cooperative agreements and 

11 reimbursable agreements with public and private entities. 

12 Appropriations and funds available to the United States 

13 Fish and Wildlife Service shall be available for repair of 

14 damage to public roads within and adjacent to reservation 

15 areas caused by operations of the Service; options for the 

16 purchase of land at not to exceed $1 for each option; facili17 ties incident to such public recreational uses on conserva18 tion areas as are consistent with their primary purpose; 

19 and the maintenance and improvement of aquaria, build20 ings, and other facilities under the jurisdiction of the Serv21 ice and to which the United States has title, and which 

22 are used pursuant to law in connection with management, 

23 and investigation of fish and wildlife resources: Provided, 

24 That notwithstanding 44 U.S.C. 501, the Service may, 

25 under cooperative cost sharing and partnership arrangeVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ments authorized by law, procure printing services from 

2 cooperators in connection with jointly produced publica3 tions for which the cooperators share at least one-half the 

4 cost of printing either in cash or services and the Service 

5 determines the cooperator is capable of meeting accepted 

6 quality standards: Provided further, That the Service may 

7 accept donated aircraft as replacements for existing air8 craft: Provided further, That notwithstanding 31 U.S.C. 

9 3302, all fees collected for non-toxic shot review and ap10 proval shall be deposited under the heading ‘‘United 

11 States Fish and Wildlife Service—Resource Management’’ 

12 and shall be available to the Secretary, without further 

13 appropriation, to be used for expenses of processing of 

14 such non-toxic shot type or coating applications and revis15 ing regulations as necessary, and shall remain available 

16 until expended. 

17 NATIONAL PARK SERVICE

18 OPERATION OF THE NATIONAL PARK SYSTEM

19 For expenses necessary for the management, oper20 ation, and maintenance of areas and facilities adminis21 tered by the National Park Service and for the general 

22 administration of the National Park Service, 

23 $2,323,273,000, of which $9,923,000 for planning and 

24 interagency coordination in support of Everglades restora25 tion and $96,961,000 for maintenance, repair, or rehabiliVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 tation projects for constructed assets shall remain avail2 able until September 30, 2017. 

3 NATIONAL RECREATION AND PRESERVATION

4 For expenses necessary to carry out recreation pro5 grams, natural programs, cultural programs, heritage 

6 partnership programs, environmental compliance and re7 view, international park affairs, and grant administration, 

8 not otherwise provided for, $63,132,000. 

9 HISTORIC PRESERVATION FUND

10 For expenses necessary in carrying out the National 

11 Historic Preservation Act (16 U.S.C. 470 et seq.), 

12 $61,410,000, to be derived from the Historic Preservation 

13 Fund and to remain available until September 30, 2017, 

14 of which $500,000 is for competitive grants for the survey 

15 and nomination of properties to the National Register of 

16 Historic Places and as National Historic Landmarks asso17 ciated with communities currently underrepresented, as 

18 determined by the Secretary, and of which $5,000,000 is 

19 for competitive grants to preserve the sites and stories of 

20 the Civil Rights movement: Provided, That such competi21 tive grants shall be made without imposing the matching 

22 requirements in Section 102(a)(3) of the National Historic 

23 Preservation Act (16 U.S.C. 470(a)(3)) to States and 

24 Tribes as defined in 16 U.S.C. 470w, Native Hawaiian 


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1 organizations, local governments, including Certified Local 

2 Governments, and nonprofit organizations. 

3 CONSTRUCTION

4 For construction, improvements, repair, or replace5 ment of physical facilities, including modifications author6 ized by section 104 of the Everglades National Park Pro7 tection and Expansion Act of 1989 (16 U.S.C. 410r-8), 

8 $192,937,000, to remain available until expended: Pro9 vided, That, notwithstanding any other provision of law, 

10 for any project initially funded in fiscal year 2016 with 

11 a future phase indicated in the National Park Service 5– 

12 Year Line Item Construction Plan, a single procurement 

13 may be issued which includes the full scope of the project: 

14 Provided further, That the solicitation and contract shall 

15 contain the clause availability of funds found at 48 CFR 

16 52.232–18: Provided further, That National Park Service 

17 Donations, Park Concessions Franchise Fees, and Recre18 ation Fee Permanent appropriations may be made avail19 able for the cost of adjustments and changes within the 

20 original scope of effort for projects funded by the National 

21 Park Service Construction appropriation: Provided further, 

22 That the Secretary of the Interior shall consult with the 

23 Committees on Appropriations, in accordance with current 

24 reprogramming thresholds, prior to making any charges 

25 authorized by this section. 


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1 LAND AND WATER CONSERVATION FUND

2 (RESCISSION)

3 The contract authority provided for fiscal year 2016 

4 by section 9 of the Land and Water Conservation Fund 

5 Act of 1965 (16 U.S.C. 460l–10a) is rescinded. 

6 LAND ACQUISITION AND STATE ASSISTANCE

7 For expenses necessary to carry out the Land and 

8 Water Conservation Act of 1965 (16 U.S.C. 460l–4 

9 through 11), including administrative expenses, and for 

10 acquisition of lands or waters, or interest therein, in ac11 cordance with the statutory authority applicable to the 

12 National Park Service, $106,275,000, to be derived from 

13 the Land and Water Conservation Fund and to remain 

14 available until expended, of which $55,000,000 is for the 

15 State assistance program and of which $8,000,000 shall 

16 be for the American Battlefield Protection Program 

17 grants as authorized by section 7301 of the Omnibus Pub18 lic Land Management Act of 2009 (Public Law 111–11). 

19 CENTENNIAL CHALLENGE

20 For expenses necessary to carry out the provisions 

21 of section 814(g) of Public Law 104–333 (16 U.S.C. 1f) 

22 relating to challenge cost share agreements, $10,000,000, 

23 to remain available until expended, for Centennial Chal24 lenge projects and programs: Provided, That not less than 

25 50 percent of the total cost of each project or program 


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1 shall be derived from non-Federal sources in the form of 

2 donated cash, assets, or a pledge of donation guaranteed 

3 by an irrevocable letter of credit. 

4 ADMINISTRATIVE PROVISIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 In addition to other uses set forth in section 407(d) 

7 of Public Law 105–391, franchise fees credited to a sub8 account shall be available for expenditure by the Sec9 retary, without further appropriation, for use at any unit 

10 within the National Park System to extinguish or reduce 

11 liability for Possessory Interest or leasehold surrender in12 terest. Such funds may only be used for this purpose to 

13 the extent that the benefitting unit anticipated franchise 

14 fee receipts over the term of the contract at that unit ex15 ceed the amount of funds used to extinguish or reduce 

16 liability. Franchise fees at the benefitting unit shall be 

17 credited to the sub-account of the originating unit over 

18 a period not to exceed the term of a single contract at 

19 the benefitting unit, in the amount of funds so expended 

20 to extinguish or reduce liability. 

21 For the costs of administration of the Land and 

22 Water Conservation Fund grants authorized by section 

23 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 

24 of 2006 (Public Law 109–432), the National Park Service 

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1 thorized to be disbursed under such section, such retained 

2 amounts to remain available until expended. 

3 National Park Service funds may be transferred to 

4 the Federal Highway Administration (FHWA), Depart5 ment of Transportation, for purposes authorized under 23 

6 U.S.C. 204. Transfers may include a reasonable amount 

7 for FHWA administrative support costs. 

8 Herein and hereafter any amounts deposited into the 

9 National Park Service trust fund accounts (31 US.C. 

10 1321(a)(l7)–(18)) shall be invested by the Secretary of the 

11 Treasury in interest bearing obligations of the United 

12 States to the extent such amounts are not, in his judg13 ment, required to meet current withdrawals: Provided, 

14 That interest earned by such investments shall be avail15 able for obligation without further appropriation, to the 

16 benefit of the project. 

17 UNITED STATES GEOLOGICAL SURVEY

18 SURVEYS, INVESTIGATIONS, AND RESEARCH

19 For expenses necessary for the United States Geo20 logical Survey to perform surveys, investigations, and re21 search covering topography, geology, hydrology, biology, 

22 and the mineral and water resources of the United States, 

23 its territories and possessions, and other areas as author24 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

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1 pervision to power permittees and Federal Energy Regu2 latory Commission licensees; administer the minerals ex3 ploration program (30 U.S.C. 641); conduct inquiries into 

4 the economic conditions affecting mining and materials 

5 processing industries (30 U.S.C. 3, 21a, and 1603; 50 

6 U.S.C. 98g(1)) and related purposes as authorized by law; 

7 and to publish and disseminate data relative to the fore8 going activities; $1,058,503,000, to remain available until 

9 September 30, 2017; of which $57,637,189 shall remain 

10 available until expended for satellite operations; and of 

11 which $7,280,000 shall be available until expended for de12 ferred maintenance and capital improvement projects that 

13 exceed $100,000 in cost: Provided, That none of the funds 

14 provided for the ecosystem research activity shall be used 

15 to conduct new surveys on private property, unless specifi16 cally authorized in writing by the property owner: Pro17 vided further, That no part of this appropriation shall be 

18 used to pay more than one-half the cost of topographic 

19 mapping or water resources data collection and investiga20 tions carried on in cooperation with States and municipali21 ties. 

22 ADMINISTRATIVE PROVISIONS

23 From within the amount appropriated for activities 

24 of the United States Geological Survey such sums as are 

25 necessary shall be available for contracting for the furVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 nishing of topographic maps and for the making of geo2 physical or other specialized surveys when it is administra3 tively determined that such procedures are in the public 

4 interest; construction and maintenance of necessary build5 ings and appurtenant facilities; acquisition of lands for 

6 gauging stations and observation wells; expenses of the 

7 United States National Committee for Geological 

8 Sciences; and payment of compensation and expenses of 

9 persons employed by the Survey duly appointed to rep10 resent the United States in the negotiation and adminis11 tration of interstate compacts: Provided, That activities 

12 funded by appropriations herein made may be accom13 plished through the use of contracts, grants, or coopera14 tive agreements as defined in section 6302 of title 31, 

15 United States Code: Provided further, That the United 

16 States Geological Survey may enter into contracts or coop17 erative agreements directly with individuals or indirectly 

18 with institutions or nonprofit organizations, without re19 gard to 41 U.S.C. 6101, for the temporary or intermittent 

20 services of students or recent graduates, who shall be con21 sidered employees for the purpose of chapters 57 and 81 

22 of title 5, United States Code, relating to compensation 

23 for travel and work injuries, and chapter 171 of title 28, 

24 United States Code, relating to tort claims, but shall not 


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1 be considered to be Federal employees for any other pur2 poses. 

3 BUREAU OF OCEAN ENERGY MANAGEMENT

4 OCEAN ENERGY MANAGEMENT

5 For expenses necessary for granting leases, ease6 ments, rights-of-way and agreements for use for oil and 

7 gas, other minerals, energy, and marine-related purposes 

8 on the Outer Continental Shelf and approving operations 

9 related thereto, as authorized by law; for environmental 

10 studies, as authorized by law; for implementing other laws 

11 and to the extent provided by Presidential or Secretarial 

12 delegation; and for matching grants or cooperative agree13 ments, $170,857,000, of which $74,235,000, is to remain 

14 available until September 30, 2017 and of which 

15 $96,622,000 is to remain available until expended: Pro16 vided, That this total appropriation shall be reduced by 

17 amounts collected by the Secretary and credited to this 

18 appropriation from additions to receipts resulting from in19 creases to lease rental rates in effect on August 5, 1993, 

20 and from cost recovery fees from activities conducted by 

21 the Bureau of Ocean Energy Management pursuant to the 

22 Outer Continental Shelf Lands Act, including studies, as23 sessments, analysis, and miscellaneous administrative ac24 tivities: Provided further, That the sum herein appro25 priated shall be reduced as such collections are received 


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1 during the fiscal year, so as to result in a final fiscal year 

2 2016 appropriation estimated at not more than 

3 $74,235,000: Provided further, That not to exceed $3,000 

4 shall be available for reasonable expenses related to pro5 moting volunteer beach and marine cleanup activities. 

6 BUREAU OF SAFETY AND ENVIRONMENTAL

7 ENFORCEMENT

8 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

9 For expenses necessary for the regulation of oper10 ations related to leases, easements, rights-of-way and 

11 agreements for use for oil and gas, other minerals, energy, 

12 and marine-related purposes on the Outer Continental 

13 Shelf, as authorized by law; for enforcing and imple14 menting laws and regulations as authorized by law and 

15 to the extent provided by Presidential or Secretarial dele16 gation; and for matching grants or cooperative agree17 ments, $124,772,000, of which $67,565,000 is to remain 

18 available until September 30, 2017 and of which 

19 $57,207,000 is to remain available until expended: Pro20 vided, That this total appropriation shall be reduced by 

21 amounts collected by the Secretary and credited to this 

22 appropriation from additions to receipts resulting from in23 creases to lease rental rates in effect on August 5, 1993, 

24 and from cost recovery fees from activities conducted by 

25 the Bureau of Safety and Environmental Enforcement 


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1 pursuant to the Outer Continental Shelf Lands Act, in2 cluding studies, assessments, analysis, and miscellaneous 

3 administrative activities: Provided further, That the sum 

4 herein appropriated shall be reduced as such collections 

5 are received during the fiscal year, so as to result in a 

6 final fiscal year 2016 appropriation estimated at not more 

7 than $67,565,000. 

8 For an additional amount, $65,000,000, to remain 

9 available until expended, to be reduced by amounts col10 lected by the Secretary and credited to this appropriation, 

11 which shall be derived from non-refundable inspection fees 

12 collected in fiscal year 2016, as provided in this Act: Pro13 vided, That, to the extent that amounts realized from such 

14 inspection fees exceed $65,000,000, the amounts realized 

15 in excess of $65,000,000 shall be credited to this appro16 priation and remain available until expended: Provided 

17 further, That, for fiscal year 2016, not less than 50 per18 cent of the inspection fees expended by the Bureau of 

19 Safety and Environmental Enforcement will be used to 

20 fund personnel and mission-related costs to expand capac21 ity and expedite the orderly development, subject to envi22 ronmental safeguards, of the Outer Continental Shelf pur23 suant to the Outer Continental Shelf Lands Act (43 

24 U.S.C. 1331 et seq.), including the review of applications 

25 for permits to drill. 


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1 OIL SPILL RESEARCH

2 For necessary expenses to carry out title I, section 

3 1016, title IV, sections 4202 and 4303, title VII, and title 

4 VIII, section 8201 of the Oil Pollution Act of 1990, 

5 $14,899,000, which shall be derived from the Oil Spill Li6 ability Trust Fund, to remain available until expended. 

7 OFFICE OF SURFACE MINING RECLAMATION AND

8 ENFORCEMENT

9 REGULATION AND TECHNOLOGY

10 For necessary expenses to carry out the provisions 

11 of the Surface Mining Control and Reclamation Act of 

12 1977, Public Law 95–87, $122,747,000, to remain avail13 able until September 30, 2017: Provided, That appropria14 tions for the Office of Surface Mining Reclamation and 

15 Enforcement may provide for the travel and per diem ex16 penses of State and tribal personnel attending Office of 

17 Surface Mining Reclamation and Enforcement sponsored 

18 training. 

19 In addition, for costs to review, administer, and en20 force permits issued by the Bureau pursuant to section 

21 507 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to 

22 remain available until expended: Provided, That fees as23 sessed and collected by the Bureau pursuant to such sec24 tion 507 shall be credited to this account as discretionary 

25 offsetting collections, to remain available until expended: 


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1 Provided further, That the sum herein appropriated from 

2 the general fund shall be reduced as collections are re3 ceived during the fiscal year, so as to result in a fiscal 

4 year 2016 appropriation estimated at not more than 

5 $122,747,000. 

6 ABANDONED MINE RECLAMATION FUND

7 For necessary expenses to carry out title IV of the 

8 Surface Mining Control and Reclamation Act of 1977, 

9 Public Law 95–87, $27,388,000, to be derived from re10 ceipts of the Abandoned Mine Reclamation Fund and to 

11 remain available until expended: Provided, That, pursuant 

12 to Public Law 97–365, the Department of the Interior is 

13 authorized to use up to 20 percent from the recovery of 

14 the delinquent debt owed to the United States Government 

15 to pay for contracts to collect these debts: Provided fur16 ther, That funds made available under title IV of Public 

17 Law 95–87 may be used for any required non-Federal 

18 share of the cost of projects funded by the Federal Gov19 ernment for the purpose of environmental restoration re20 lated to treatment or abatement of acid mine drainage 

21 from abandoned mines: Provided further, That such 

22 projects must be consistent with the purposes and prior23 ities of the Surface Mining Control and Reclamation Act: 

24 Provided further, That amounts provided under this head25 ing may be used for the travel and per diem expenses of 


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1 State and tribal personnel attending Office of Surface 

2 Mining Reclamation and Enforcement sponsored training. 

3 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN

4 EDUCATION

5 OPERATION OF INDIAN PROGRAMS

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses necessary for the operation of Indian 

8 programs, as authorized by law, including the Snyder Act 

9 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De10 termination and Education Assistance Act of 1975 (25 

11 U.S.C. 450 et seq.), the Education Amendments of 1978 

12 (25 U.S.C. 2001–2019), and the Tribally Controlled 

13 Schools Act of 1988 (25 U.S.C. 2501 et seq.), 

14 $2,232,419,000, to remain available until September 30, 

15 2017, except as otherwise provided herein; of which not 

16 to exceed $8,500 may be for official reception and rep17 resentation expenses; of which not to exceed $74,791,000 

18 shall be for welfare assistance payments: Provided, That, 

19 in cases of designated Federal disasters, the Secretary 

20 may exceed such cap, from the amounts provided herein, 

21 to provide for disaster relief to Indian communities af22 fected by the disaster: Provided further, That federally rec23 ognized Indian tribes and tribal organizations of federally 

24 recognized Indian tribes may use their tribal priority allo25 cations for unmet welfare assistance costs: Provided furVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ther, That not to exceed $617,370,000 for school oper2 ations costs of Bureau-funded schools and other education 

3 programs shall become available on July 1, 2016, and 

4 shall remain available until September 30, 2017: Provided 

5 further, That not to exceed $43,810,000 shall remain 

6 available until expended for housing improvement, road 

7 maintenance, attorney fees, litigation support, land 

8 records improvement, and the Navajo-Hopi Settlement 

9 Program: Provided further, That, notwithstanding any 

10 other provision of law, including but not limited to the 

11 Indian Self-Determination Act of 1975 (25 U.S.C. 450f 

12 et seq.) and section 1128 of the Education Amendments 

13 of 1978 (25 U.S.C. 2008), not to exceed $64,395,000 

14 within and only from such amounts made available for 

15 school operations shall be available for administrative cost 

16 grants associated with grants approved prior to July 1, 

17 2016: Provided further, That any forestry funds allocated 

18 to a federally recognized tribe which remain unobligated 

19 as of September 30, 2017, may be transferred during fis20 cal year 2018 to an Indian forest land assistance account 

21 established for the benefit of the holder of the funds within 

22 the holder’s trust fund account: Provided further, That 

23 any such unobligated balances not so transferred shall ex24 pire on September 30, 2018: Provided further, That, in 

25 order to enhance the safety of Bureau field employees, the 


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1 Bureau may use funds to purchase uniforms or other iden2 tifying articles of clothing for personnel. 

3 CONTRACT SUPPORT COSTS

4 For payments to tribes and tribal organizations for 

5 contract support costs associated with Indian Self-Deter6 mination and Education Assistance Act agreements with 

7 the Bureau of Indian Affairs for fiscal year 2016, such 

8 sums as may be necessary, which shall be available for 

9 obligation through September 30, 2017: Provided, That 

10 amounts obligated but not expended by a tribe or tribal 

11 organization for contract support costs for such agree12 ments for the current fiscal year shall be applied to con13 tract support costs otherwise due for such agreements for 

14 subsequent fiscal years: Provided further, That, notwith15 standing any other provision of law, no amounts made 

16 available under this heading shall be available for transfer 

17 to another budget account. 

18 CONSTRUCTION

19 (INCLUDING TRANSFER OF FUNDS)

20 For construction, repair, improvement, and mainte21 nance of irrigation and power systems, buildings, utilities, 

22 and other facilities, including architectural and engineer23 ing services by contract; acquisition of lands, and interests 

24 in lands; and preparation of lands for farming, and for 

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1 suant to Public Law 87–483, $135,204,000, to remain 

2 available until expended: Provided, That such amounts as 

3 may be available for the construction of the Navajo Indian 

4 Irrigation Project may be transferred to the Bureau of 

5 Reclamation: Provided further, That not to exceed 6 per6 cent of contract authority available to the Bureau of In7 dian Affairs from the Federal Highway Trust Fund may 

8 be used to cover the road program management costs of 

9 the Bureau: Provided further, That any funds provided for 

10 the Safety of Dams program pursuant to 25 U.S.C. 13 

11 shall be made available on a nonreimbursable basis: Pro12 vided further, That, for fiscal year 2016, in implementing 

13 new construction or facilities improvement and repair 

14 project grants in excess of $100,000 that are provided to 

15 grant schools under Public Law 100–297, as amended, the 

16 Secretary of the Interior shall use the Administrative and 

17 Audit Requirements and Cost Principles for Assistance 

18 Programs contained in 43 CFR part 12 as the regulatory 

19 requirements: Provided further, That such grants shall not 

20 be subject to section 12.61 of 43 CFR; the Secretary and 

21 the grantee shall negotiate and determine a schedule of 

22 payments for the work to be performed: Provided further, 

23 That, in considering grant applications, the Secretary 

24 shall consider whether such grantee would be deficient in 

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1 ble building standards and codes and Federal, tribal, or 

2 State health and safety standards as required by 25 

3 U.S.C. 2005(b), with respect to organizational and finan4 cial management capabilities: Provided further, That, if 

5 the Secretary declines a grant application, the Secretary 

6 shall follow the requirements contained in 25 U.S.C. 

7 2504(f): Provided further, That any disputes between the 

8 Secretary and any grantee concerning a grant shall be 

9 subject to the disputes provision in 25 U.S.C. 2507(e): 

10 Provided further, That, in order to ensure timely comple11 tion of construction projects, the Secretary may assume 

12 control of a project and all funds related to the project, 

13 if, within 18 months of the date of enactment of this Act, 

14 any grantee receiving funds appropriated in this Act or 

15 in any prior Act, has not completed the planning and de16 sign phase of the project and commenced construction: 

17 Provided further, That this appropriation may be reim18 bursed from the Office of the Special Trustee for Amer19 ican Indians appropriation for the appropriate share of 

20 construction costs for space expansion needed in agency 

21 offices to meet trust reform implementation. 

22 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

23 MISCELLANEOUS PAYMENTS TO INDIANS

24 For payments and necessary administrative expenses 

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1 ments pursuant to Public Laws 99–264, 100–580, 101– 

2 618, 111–11, and 111–291, and for implementation of 

3 other land and water rights settlements, $40,655,000, to 

4 remain available until expended. 

5 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

6 For the cost of guaranteed loans and insured loans, 

7 $7,748,000, of which $1,062,000 is for administrative ex8 penses, as authorized by the Indian Financing Act of 

9 1974: Provided, That such costs, including the cost of 

10 modifying such loans, shall be as defined in section 502 

11 of the Congressional Budget Act of 1974: Provided fur12 ther, That these funds are available to subsidize total loan 

13 principal, any part of which is to be guaranteed or insured, 

14 not to exceed $113,804,510. 

15 ADMINISTRATIVE PROVISIONS

16 The Bureau of Indian Affairs may carry out the oper17 ation of Indian programs by direct expenditure, contracts, 

18 cooperative agreements, compacts, and grants, either di19 rectly or in cooperation with States and other organiza20 tions. 

21 Notwithstanding 25 U.S.C. 15, the Bureau of Indian 

22 Affairs may contract for services in support of the man23 agement, operation, and maintenance of the Power Divi24 sion of the San Carlos Irrigation Project. 


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1 Notwithstanding any other provision of law, no funds 

2 available to the Bureau of Indian Affairs for central office 

3 oversight and Executive Direction and Administrative 

4 Services (except executive direction and administrative 

5 services funding for Tribal Priority Allocations, regional 

6 offices, and facilities operations and maintenance) shall be 

7 available for contracts, grants, compacts, or cooperative 

8 agreements with the Bureau of Indian Affairs under the 

9 provisions of the Indian Self-Determination Act or the 

10 Tribal Self-Governance Act of 1994 (Public Law 103– 

11 413). 

12 In the event any tribe returns appropriations made 

13 available by this Act to the Bureau of Indian Affairs, this 

14 action shall not diminish the Federal Government’s trust 

15 responsibility to that tribe, or the government-to-govern16 ment relationship between the United States and that 

17 tribe, or that tribe’s ability to access future appropria18 tions. 

19 Notwithstanding any other provision of law, no funds 

20 available to the Bureau of Indian Education, other than 

21 the amounts provided herein for assistance to public 

22 schools under 25 U.S.C. 452 et seq., shall be available to 

23 support the operation of any elementary or secondary 

24 school in the State of Alaska. 


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1 No funds available to the Bureau of Indian Edu2 cation shall be used to support expanded grades for any 

3 school or dormitory beyond the grade structure in place 

4 or approved by the Secretary of the Interior at each school 

5 in the Bureau of Indian Education school system as of 

6 October 1, 1995, except that the Secretary of the Interior 

7 may waive this prohibition to support expansion of up to 

8 one additional grade when the Secretary determines such 

9 waiver is needed to support accomplishment of the mission 

10 of the Bureau of Indian Education. Appropriations made 

11 available in this or any prior Act for schools funded by 

12 the Bureau shall be available, in accordance with the Bu13 reau’s funding formula, only to the schools in the Bureau 

14 school system as of September 1, 1996, and to any school 

15 or school program that was reinstated in fiscal year 2012. 

16 Funds made available under this Act may not be used to 

17 establish a charter school at a Bureau-funded school (as 

18 that term is defined in section 1141 of the Education 

19 Amendments of 1978 (25 U.S.C. 2021)), except that a 

20 charter school that is in existence on the date of the enact21 ment of this Act and that has operated at a Bureau-fund22 ed school before September 1, 1999, may continue to oper23 ate during that period, but only if the charter school pays 

24 to the Bureau a pro rata share of funds to reimburse the 

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1 cluding buses and vans), the funds of the charter school 

2 are kept separate and apart from Bureau funds, and the 

3 Bureau does not assume any obligation for charter school 

4 programs of the State in which the school is located if 

5 the charter school loses such funding. Employees of Bu6 reau-funded schools sharing a campus with a charter 

7 school and performing functions related to the charter 

8 school’s operation and employees of a charter school shall 

9 not be treated as Federal employees for purposes of chap10 ter 171 of title 28, United States Code. 

11 Notwithstanding any other provision of law, including 

12 section 113 of title I of appendix C of Public Law 106– 

13 113, if in fiscal year 2003 or 2004 a grantee received indi14 rect and administrative costs pursuant to a distribution 

15 formula based on section 5(f) of Public Law 101–301, the 

16 Secretary shall continue to distribute indirect and admin17 istrative cost funds to such grantee using the section 5(f) 

18 distribution formula. 

19 Funds available under this Act may not be used to 

20 establish satellite locations of schools in the Bureau school 

21 system as of September 1, 1996, except that the Secretary 

22 may waive this prohibition in order for an Indian tribe 

23 to provide language and cultural immersion educational 

24 programs for non-public schools located within the juris25 dictional area of the tribal government which exclusively 


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1 serve tribal members, do not include grades beyond those 

2 currently served at the existing Bureau-funded school, 

3 provide an educational environment with educator pres4 ence and academic facilities comparable to the Bureau5 funded school, comply with all applicable Tribal, Federal, 

6 or State health and safety standards, and the Americans 

7 with Disabilities Act, and demonstrate the benefits of es8 tablishing operations at a satellite location in lieu of incur9 ring extraordinary costs, such as for transportation or 

10 other impacts to students such as those caused by busing 

11 students extended distances: Provided, That no funds 

12 available under this Act may be used to fund operations, 

13 maintenance, rehabilitation, construction or other facili14 ties-related costs for such assets that are not owned by 

15 the Bureau: Provided further, That the term ‘‘satellite 

16 school’’ means a school location physically separated from 

17 the existing Bureau school by more than 50 miles but that 

18 forms part of the existing school in all other respects. 

19 DEPARTMENTAL OFFICES

20 OFFICE OF THE SECRETARY

21 DEPARTMENTAL OPERATIONS

22 For necessary expenses for management of the De23 partment of the Interior, including the collection and dis24 bursement of royalties, fees, and other mineral revenue 

25 proceeds, and for grants and cooperative agreements, as 


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1 authorized by law, $265,263,000, to remain available until 

2 September 30, 2017; of which not to exceed $15,000 may 

3 be for official reception and representation expenses; and 

4 of which up to $1,000,000 shall be available for workers 

5 compensation payments and unemployment compensation 

6 payments associated with the orderly closure of the United 

7 States Bureau of Mines; and of which $12,000,000 for 

8 the Office of Valuation Services is to be derived from the 

9 Land and Water Conservation Fund and shall remain 

10 available until expended; and of which $38,300,000 shall 

11 remain available until expended for the purpose of mineral 

12 revenue management activities: Provided, That, notwith13 standing any other provision of law, $15,000 under this 

14 heading shall be available for refunds of overpayments in 

15 connection with certain Indian leases in which the Sec16 retary concurred with the claimed refund due, to pay 

17 amounts owed to Indian allottees or tribes, or to correct 

18 prior unrecoverable erroneous payments. 

19 ADMINISTRATIVE PROVISIONS

20 For fiscal year 2016, up to $400,000 of the payments 

21 authorized by the Act of October 20, 1976 (31 U.S.C. 

22 6901–6907) may be retained for administrative expenses 

23 of the Payments in Lieu of Taxes Program: Provided, 

24 That no payment shall be made pursuant to that Act to 

25 otherwise eligible units of local government if the comVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 puted amount of the payment is less than $100: Provided 

2 further, That the Secretary may reduce the payment au3 thorized by 31 U.S.C. 6901–6907 for an individual county 

4 by the amount necessary to correct prior year overpay5 ments to that county: Provided further, That the amount 

6 needed to correct a prior year underpayment to an indi7 vidual county shall be paid from any reductions for over8 payments to other counties and the amount necessary to 

9 cover any remaining underpayment is hereby appropriated 

10 and shall be paid to individual counties. 

11 INSULAR AFFAIRS

12 ASSISTANCE TO TERRITORIES

13 For expenses necessary for assistance to territories 

14 under the jurisdiction of the Department of the Interior 

15 and other jurisdictions identified in section 104(e) of Pub16 lic Law 108–188, $85,976,000, of which: (1) $76,528,000 

17 shall remain available until expended for territorial assist18 ance, including general technical assistance, maintenance 

19 assistance, disaster assistance, coral reef initiative activi20 ties, and brown tree snake control and research; grants 

21 to the judiciary in American Samoa for compensation and 

22 expenses, as authorized by law (48 U.S.C. 1661(c)); 

23 grants to the Government of American Samoa, in addition 

24 to current local revenues, for construction and support of 

25 governmental functions; grants to the Government of the 


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1 Virgin Islands as authorized by law; grants to the Govern2 ment of Guam, as authorized by law; and grants to the 

3 Government of the Northern Mariana Islands as author4 ized by law (Public Law 94–241; 90 Stat. 272); and (2) 

5 $9,448,000 shall be available until September 30, 2017, 

6 for salaries and expenses of the Office of Insular Affairs: 

7 Provided, That all financial transactions of the territorial 

8 and local governments herein provided for, including such 

9 transactions of all agencies or instrumentalities estab10 lished or used by such governments, may be audited by 

11 the Government Accountability Office, at its discretion, in 

12 accordance with chapter 35 of title 31, United States 

13 Code: Provided further, That Northern Mariana Islands 

14 Covenant grant funding shall be provided according to 

15 those terms of the Agreement of the Special Representa16 tives on Future United States Financial Assistance for the 

17 Northern Mariana Islands approved by Public Law 104– 

18 134: Provided further, That the funds for the program of 

19 operations and maintenance improvement are appro20 priated to institutionalize routine operations and mainte21 nance improvement of capital infrastructure with terri22 torial participation and cost sharing to be determined by 

23 the Secretary based on the grantee’s commitment to time24 ly maintenance of its capital assets: Provided further, That 

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1 ing in this Act or previous appropriations Acts may be 

2 used as non-Federal matching funds for the purpose of 

3 hazard mitigation grants provided pursuant to section 404 

4 of the Robert T. Stafford Disaster Relief and Emergency 

5 Assistance Act (42 U.S.C. 5170c). 

6 COMPACT OF FREE ASSOCIATION

7 For grants and necessary expenses, $3,318,000, to 

8 remain available until expended, as provided for in sec9 tions 221(a)(2) and 233 of the Compact of Free Associa10 tion for the Republic of Palau; and section 221(a)(2) of 

11 the Compacts of Free Association for the Government of 

12 the Republic of the Marshall Islands and the Federated 

13 States of Micronesia, as authorized by Public Law 99– 

14 658 and Public Law 108–188. 

15 ADMINISTRATIVE PROVISIONS

16 (INCLUDING TRANSFER OF FUNDS)

17 At the request of the Governor of Guam, the Sec18 retary may transfer discretionary funds or mandatory 

19 funds provided under section 104(e) of Public Law 108– 

20 188 and Public Law 104–134, that are allocated for 

21 Guam, to the Secretary of Agriculture for the subsidy cost 

22 of direct or guaranteed loans, plus not to exceed three per23 cent of the amount of the subsidy transferred for the cost 

24 of loan administration, for the purposes authorized by the 

25 Rural Electrification Act of 1936 and section 306(a)(1) 


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1 of the Consolidated Farm and Rural Development Act for 

2 construction and repair projects in Guam, and such funds 

3 shall remain available until expended: Provided, That such 

4 costs, including the cost of modifying such loans, shall be 

5 as defined in section 502 of the Congressional Budget Act 

6 of 1974: Provided further, That such loans or loan guaran7 tees may be made without regard to the population of the 

8 area, credit elsewhere requirements, and restrictions on 

9 the types of eligible entities under the Rural Electrifica10 tion Act of 1936 and section 306(a)(1) of the Consolidated 

11 Farm and Rural Development Act: Provided further, That 

12 any funds transferred to the Secretary of Agriculture shall 

13 be in addition to funds otherwise made available to make 

14 or guarantee loans under such authorities. 

15 OFFICE OF THE SOLICITOR

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of the Solicitor, 

18 $63,800,000. 

19 OFFICE OF INSPECTOR GENERAL

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of Inspector 

22 General, $50,047,000. 


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1 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

2 INDIANS

3 FEDERAL TRUST PROGRAMS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the operation of trust programs for Indians by 

6 direct expenditure, contracts, cooperative agreements, 

7 compacts, and grants, $139,029,000, to remain available 

8 until expended, of which not to exceed $22,120,000 from 

9 this or any other Act, may be available for historical ac10 counting: Provided, That funds for trust management im11 provements and litigation support may, as needed, be 

12 transferred to or merged with the Bureau of Indian Af13 fairs and Bureau of Indian Education, ‘‘Operation of In14 dian Programs’’ account; the Office of the Solicitor, ‘‘Sala15 ries and Expenses’’ account; and the Office of the Sec16 retary, ‘‘Departmental Operations’’ account: Provided fur17 ther, That funds made available through contracts or 

18 grants obligated during fiscal year 2016, as authorized by 

19 the Indian Self-Determination Act of 1975 (25 U.S.C. 450 

20 et seq.), shall remain available until expended by the con21 tractor or grantee: Provided further, That, notwith22 standing any other provision of law, the Secretary shall 

23 not be required to provide a quarterly statement of per24 formance for any Indian trust account that has not had 

25 activity for at least 15 months and has a balance of $15 


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1 or less: Provided further, That the Secretary shall issue 

2 an annual account statement and maintain a record of any 

3 such accounts and shall permit the balance in each such 

4 account to be withdrawn upon the express written request 

5 of the account holder: Provided further, That not to exceed 

6 $50,000 is available for the Secretary to make payments 

7 to correct administrative errors of either disbursements 

8 from or deposits to Individual Indian Money or Tribal ac9 counts after September 30, 2002: Provided further, That 

10 erroneous payments that are recovered shall be credited 

11 to and remain available in this account for this purpose: 

12 Provided further, That the Secretary shall not be required 

13 to reconcile Special Deposit Accounts with a balance of 

14 less than $500 unless the Office of the Special Trustee 

15 receives proof of ownership from a Special Deposit Ac16 counts claimant. 

17 DEPARTMENT-WIDE PROGRAMS

18 WILDLAND FIRE MANAGEMENT

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary expenses for fire preparedness, fire 

21 suppression operations, fire science and research, emer22 gency rehabilitation, hazardous fuels management activi23 ties, and rural fire assistance by the Department of the 

24 Interior, $908,745,000, to remain available until ex25 pended, of which not to exceed $6,427,000 shall be for 


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1 the renovation or construction of fire facilities: Provided, 

2 That such funds are also available for repayment of ad3 vances to other appropriation accounts from which funds 

4 were previously transferred for such purposes: Provided 

5 further, That, of the funds provided, $170,000,000 is for 

6 hazardous fuels management activities: Provided further, 

7 That, of the funds provided, $18,970,000 is for burned 

8 area rehabilitation: Provided further, That persons hired 

9 pursuant to 43 U.S.C. 1469 may be furnished subsistence 

10 and lodging without cost from funds available from this 

11 appropriation: Provided further, That, notwithstanding 42 

12 U.S.C. 1856d, sums received by a bureau or office of the 

13 Department of the Interior for fire protection rendered 

14 pursuant to 42 U.S.C. 1856 et seq., protection of United 

15 States property, may be credited to the appropriation from 

16 which funds were expended to provide that protection, and 

17 are available without fiscal year limitation: Provided fur18 ther, That, using the amounts designated under this title 

19 of this Act, the Secretary of the Interior may enter into 

20 procurement contracts, grants, or cooperative agreements, 

21 for hazardous fuels management and resilient landscapes 

22 activities, and for training and monitoring associated with 

23 such hazardous fuels management and resilient landscapes 

24 activities on Federal land, or on adjacent non-Federal land 

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1 vided further, That the costs of implementing any coopera2 tive agreement between the Federal Government and any 

3 non-Federal entity may be shared, as mutually agreed on 

4 by the affected parties: Provided further, That, notwith5 standing requirements of the Competition in Contracting 

6 Act, the Secretary, for purposes of hazardous fuels man7 agement and resilient landscapes activities, may obtain 

8 maximum practicable competition among: (1) local pri9 vate, nonprofit, or cooperative entities; (2) Youth Con10 servation Corps crews, Public Lands Corps (Public Law 

11 109–154), or related partnerships with State, local, or 

12 nonprofit youth groups; (3) small or micro-businesses; or 

13 (4) other entities that will hire or train locally a significant 

14 percentage, defined as 50 percent or more, of the project 

15 workforce to complete such contracts: Provided further, 

16 That, in implementing this section, the Secretary shall de17 velop written guidance to field units to ensure account18 ability and consistent application of the authorities pro19 vided herein: Provided further, That funds appropriated 

20 under this heading may be used to reimburse the United 

21 States Fish and Wildlife Service and the National Marine 

22 Fisheries Service for the costs of carrying out their re23 sponsibilities under the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.) to consult and conference, as 

25 required by section 7 of such Act, in connection with 


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1 wildland fire management activities: Provided further, 

2 That the Secretary of the Interior may use wildland fire 

3 appropriations to enter into leases of real property with 

4 local governments, at or below fair market value, to con5 struct capitalized improvements for fire facilities on such 

6 leased properties, including but not limited to fire guard 

7 stations, retardant stations, and other initial attack and 

8 fire support facilities, and to make advance payments for 

9 any such lease or for construction activity associated with 

10 the lease: Provided further, That the Secretary of the Inte11 rior and the Secretary of Agriculture may authorize the 

12 transfer of funds appropriated for wildland fire manage13 ment, in an aggregate amount not to exceed $50,000,000, 

14 between the Departments when such transfers would fa15 cilitate and expedite wildland fire management programs 

16 and projects: Provided further, That funds provided for 

17 wildfire suppression shall be available for support of Fed18 eral emergency response actions: Provided further, That 

19 funds appropriated under this heading shall be available 

20 for assistance to or through the Department of State in 

21 connection with forest and rangeland research, technical 

22 information, and assistance in foreign countries, and, with 

23 the concurrence of the Secretary of State, shall be avail24 able to support forestry, wildland fire management, and 

25 related natural resource activities outside the United 


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1 States and its territories and possessions, including tech2 nical assistance, education and training, and cooperation 

3 with United States and international organizations. 

4 For an additional amount, $200,000,000 for wildfire 

5 suppression operations to meet the emergency and unpre6 dictable aspects of wildland firefighting including support, 

7 response, and emergency stabilization activities, other 

8 emergency management activities, and funds necessary to 

9 repay any transfers needed for these costs, to remain 

10 available until expended: Provided, That such funds are 

11 also available for transfer to other appropriations accounts 

12 to repay amounts previously transferred for wildlife sup13 pression: Provided further, That such amount is des14 ignated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985. 

17 CENTRAL HAZARDOUS MATERIALS FUND

18 For necessary expenses of the Department of the In19 terior and any of its component offices and bureaus for 

20 the response action, including associated activities, per21 formed pursuant to the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act (42 U.S.C. 9601 

23 et seq.), $10,011,000, to remain available until expended. 


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1 NATURAL RESOURCE DAMAGE ASSESSMENT AND

2 RESTORATION

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment, res5 toration activities, and onshore oil spill preparedness by 

6 the Department of the Interior necessary to carry out the 

7 provisions of the Comprehensive Environmental Response, 

8 Compensation, and Liability Act (42 U.S.C. 9601 et seq.), 

9 the Federal Water Pollution Control Act (33 U.S.C. 1251 

10 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 

11 et seq.), and Public Law 101–337 (16 U.S.C. 19jj et seq.), 

12 $7,767,000, to remain available until expended. 

13 WORKING CAPITAL FUND

14 For the operation and maintenance of a departmental 

15 financial and business management system, information 

16 technology improvements of general benefit to the Depart17 ment, and the consolidation of facilities and operations 

18 throughout the Department, $57,100,000, to remain 

19 available until expended: Provided, That none of the funds 

20 appropriated in this Act or any other Act may be used 

21 to establish reserves in the Working Capital Fund account 

22 other than for accrued annual leave and depreciation of 

23 equipment without prior approval of the Committees on 

24 Appropriations of the House of Representatives and the 

25 Senate: Provided further, That the Secretary may assess 


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1 reasonable charges to State, local and tribal government 

2 employees for training services provided by the National 

3 Indian Program Training Center, other than training re4 lated to Public Law 93–638: Provided further, That the 

5 Secretary may lease or otherwise provide space and related 

6 facilities, equipment or professional services of the Na7 tional Indian Program Training Center to State, local and 

8 tribal government employees or persons or organizations 

9 engaged in cultural, educational, or recreational activities 

10 (as defined in section 3306(a) of title 40, United States 

11 Code) at the prevailing rate for similar space, facilities, 

12 equipment, or services in the vicinity of the National In13 dian Program Training Center: Provided further, That all 

14 funds received pursuant to the two preceding provisos 

15 shall be credited to this account, shall be available until 

16 expended, and shall be used by the Secretary for necessary 

17 expenses of the National Indian Program Training Center: 

18 Provided further, That the Secretary may enter into grants 

19 and cooperative agreements to support the Office of Nat20 ural Resource Revenue’s collection and disbursement of 

21 royalties, fees, and other mineral revenue proceeds, as au22 thorized by law. 

23 ADMINISTRATIVE PROVISION

24 There is hereby authorized for acquisition from avail25 able resources within the Working Capital Fund, aircraft 


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1 which may be obtained by donation, purchase or through 

2 available excess surplus property: Provided, That existing 

3 aircraft being replaced may be sold, with proceeds derived 

4 or trade-in value used to offset the purchase price for the 

5 replacement aircraft. 

6 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

7 (INCLUDING TRANSFERS OF FUNDS)

8 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

9 SEC. 101. Appropriations made in this title shall be 

10 available for expenditure or transfer (within each bureau 

11 or office), with the approval of the Secretary, for the emer12 gency reconstruction, replacement, or repair of aircraft, 

13 buildings, utilities, or other facilities or equipment dam14 aged or destroyed by fire, flood, storm, or other unavoid15 able causes: Provided, That no funds shall be made avail16 able under this authority until funds specifically made 

17 available to the Department of the Interior for emer18 gencies shall have been exhausted: Provided further, That 

19 all funds used pursuant to this section must be replenished 

20 by a supplemental appropriation, which must be requested 

21 as promptly as possible. 

22 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

23 SEC. 102. The Secretary may authorize the expendi24 ture or transfer of any no year appropriation in this title, 

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1 grams of the several agencies, for the suppression or emer2 gency prevention of wildland fires on or threatening lands 

3 under the jurisdiction of the Department of the Interior; 

4 for the emergency rehabilitation of burned-over lands 

5 under its jurisdiction; for emergency actions related to po6 tential or actual earthquakes, floods, volcanoes, storms, or 

7 other unavoidable causes; for contingency planning subse8 quent to actual oil spills; for response and natural resource 

9 damage assessment activities related to actual oil spills or 

10 releases of hazardous substances into the environment; for 

11 the prevention, suppression, and control of actual or po12 tential grasshopper and Mormon cricket outbreaks on 

13 lands under the jurisdiction of the Secretary, pursuant to 

14 the authority in section 417(b) of Public Law 106–224 

15 (7 U.S.C. 7717(b)); for emergency reclamation projects 

16 under section 410 of Public Law 95–87; and shall trans17 fer, from any no year funds available to the Office of Sur18 face Mining Reclamation and Enforcement, such funds as 

19 may be necessary to permit assumption of regulatory au20 thority in the event a primacy State is not carrying out 

21 the regulatory provisions of the Surface Mining Act: Pro22 vided, That appropriations made in this title for wildland 

23 fire operations shall be available for the payment of obliga24 tions incurred during the preceding fiscal year, and for 

25 reimbursement to other Federal agencies for destruction 


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1 of vehicles, aircraft, or other equipment in connection with 

2 their use for wildland fire operations, such reimbursement 

3 to be credited to appropriations currently available at the 

4 time of receipt thereof: Provided further, That, for 

5 wildland fire operations, no funds shall be made available 

6 under this authority until the Secretary determines that 

7 funds appropriated for ‘‘wildland fire operations’’ shall be 

8 exhausted within 30 days: Provided further, That all funds 

9 used pursuant to this section must be replenished by a 

10 supplemental appropriation, which must be requested as 

11 promptly as possible: Provided further, That such replen12 ishment funds shall be used to reimburse, on a pro rata 

13 basis, accounts from which emergency funds were trans14 ferred. 

15 AUTHORIZED USE OF FUNDS

16 SEC. 103. Appropriations made to the Department 

17 of the Interior in this title shall be available for services 

18 as authorized by section 3109 of title 5, United States 

19 Code, when authorized by the Secretary, in total amount 

20 not to exceed $500,000; purchase and replacement of 

21 motor vehicles, including specially equipped law enforce22 ment vehicles; hire, maintenance, and operation of air23 craft; hire of passenger motor vehicles; purchase of re24 prints; payment for telephone service in private residences 

25 in the field, when authorized under regulations approved 


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1 by the Secretary; and the payment of dues, when author2 ized by the Secretary, for library membership in societies 

3 or associations which issue publications to members only 

4 or at a price to members lower than to subscribers who 

5 are not members. 

6 AUTHORIZED USE OF FUNDS, INDIAN TRUST

7 MANAGEMENT

8 SEC. 104. Appropriations made in this Act under the 

9 headings Bureau of Indian Affairs and Bureau of Indian 

10 Education, and Office of the Special Trustee for American 

11 Indians and any unobligated balances from prior appro12 priations Acts made under the same headings shall be 

13 available for expenditure or transfer for Indian trust man14 agement and reform activities. Total funding for historical 

15 accounting activities shall not exceed amounts specifically 

16 designated in this Act for such purpose. 

17 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN

18 AFFAIRS

19 SEC. 105. Notwithstanding any other provision of 

20 law, the Secretary of the Interior is authorized to redis21 tribute any Tribal Priority Allocation funds, including 

22 tribal base funds, to alleviate tribal funding inequities by 

23 transferring funds to address identified, unmet needs, 

24 dual enrollment, overlapping service areas or inaccurate 

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1 tion in Tribal Priority Allocation funds of more than 10 

2 percent in fiscal year 2016. Under circumstances of dual 

3 enrollment, overlapping service areas or inaccurate dis4 tribution methodologies, the 10 percent limitation does not 

5 apply. 

6 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

7 SEC. 106. Notwithstanding any other provision of 

8 law, the Secretary of the Interior is authorized to acquire 

9 lands, waters, or interests therein including the use of all 

10 or part of any pier, dock, or landing within the State of 

11 New York and the State of New Jersey, for the purpose 

12 of operating and maintaining facilities in the support of 

13 transportation and accommodation of visitors to Ellis, 

14 Governors, and Liberty Islands, and of other program and 

15 administrative activities, by donation or with appropriated 

16 funds, including franchise fees (and other monetary con17 sideration), or by exchange; and the Secretary is author18 ized to negotiate and enter into leases, subleases, conces19 sion contracts or other agreements for the use of such fa20 cilities on such terms and conditions as the Secretary may 

21 determine reasonable. 

22 OUTER CONTINENTAL SHELF INSPECTION FEES

23 SEC. 107. (a) In fiscal year 2016, the Secretary shall 

24 collect a nonrefundable inspection fee, which shall be de25 posited in the ‘‘Offshore Safety and Environmental EnVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 forcement’’ account, from the designated operator for fa2 cilities subject to inspection under 43 U.S.C. 1348(c). 

3 (b) Annual fees shall be collected for facilities that 

4 are above the waterline, excluding drilling rigs, and are 

5 in place at the start of the fiscal year. Fees for fiscal year 

6 2016 shall be: 

7 (1) $10,500 for facilities with no wells, but with 

8 processing equipment or gathering lines; 

9 (2) $17,000 for facilities with 1 to 10 wells, 

10 with any combination of active or inactive wells; and 

11 (3) $31,500 for facilities with more than 10 

12 wells, with any combination of active or inactive 

13 wells. 

14 (c) Fees for drilling rigs shall be assessed for all in15 spections completed in fiscal year 2016. Fees for fiscal 

16 year 2016 shall be: 

17 (1) $30,500 per inspection for rigs operating in 

18 water depths of 500 feet or more; and 

19 (2) $16,700 per inspection for rigs operating in 

20 water depths of less than 500 feet. 

21 (d) The Secretary shall bill designated operators 

22 under subsection (b) within 60 days, with payment re23 quired within 30 days of billing. The Secretary shall bill 

24 designated operators under subsection (c) within 30 days 


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1 of the end of the month in which the inspection occurred, 

2 with payment required within 30 days of billing. 

3 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION

4 AND ENFORCEMENT REORGANIZATION

5 SEC. 108. The Secretary of the Interior, in order to 

6 implement a reorganization of the Bureau of Ocean En7 ergy Management, Regulation and Enforcement, may 

8 transfer funds among and between the successor offices 

9 and bureaus affected by the reorganization only in con10 formance with the reprogramming guidelines described in 

11 the report accompanying this Act. 

12 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

13 BURRO HOLDING FACILITIES

14 SEC. 109. Notwithstanding any other provision of 

15 this Act, the Secretary of the Interior may enter into 

16 multiyear cooperative agreements with nonprofit organiza17 tions and other appropriate entities, and may enter into 

18 multiyear contracts in accordance with the provisions of 

19 section 304B of the Federal Property and Administrative 

20 Services Act of 1949 (41 U.S.C. 254c) (except that the 

21 5-year term restriction in subsection (d) shall not apply), 

22 for the long-term care and maintenance of excess wild free 

23 roaming horses and burros by such organizations or enti24 ties on private land. Such cooperative agreements and conVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 tracts may not exceed 10 years, subject to renewal at the 

2 discretion of the Secretary. 

3 REISSUANCE OF FINAL RULES

4 SEC. 110. Before the end of the 60-day period begin5 ning on the date of the enactment of this Act, the Sec6 retary of the Interior shall reissue the final rule published 

7 on December 28, 2011 (76 Fed. Reg. 81666 et seq.) and 

8 the final rule published on September 10, 2012 (77 Fed. 

9 7 Reg. 55530 et seq.), without regard to any other provi10 sion of statute or regulation that applies to issuance of 

11 such rules. Such reissuances (including this section) shall 

12 not be subject to judicial review. 

13 MASS MARKING OF SALMONIDS

14 SEC. 111. The United States Fish and Wildlife Serv15 ice shall, in carrying out its responsibilities to protect 

16 threatened and endangered species of salmon, implement 

17 a system of mass marking of salmonid stocks, intended 

18 for harvest, that are released from federally operated or 

19 federally financed hatcheries including but not limited to 

20 fish releases of coho, chinook, and steelhead species. 

21 Marked fish must have a visible mark that can be readily 

22 identified by commercial and recreational fishers. 

23 PROHIBITION ON USE OF FUNDS

24 SEC. 112. (a) Any proposed new use of the Arizona 

25 & California Railroad Company’s Right of Way for conveyVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ance of water shall not proceed unless the Secretary of 

2 the Interior certifies that the proposed new use is within 

3 the scope of the Right of Way as interpreted by the De4 partment’s Office of the Solicitor’s opinion, Memorandum 

5 M–37025, issued on November 4, 2011. 

6 (b) No funds appropriated or otherwise made avail7 able to the Department of the Interior may be used, in 

8 relation to any proposal to export groundwater for munic9 ipal use, for approval of any right-of-way or similar au10 thorization on the Mojave National Preserve or lands man11 aged by the Needles Field Office of the Bureau of Land 

12 Management, or for carrying out any activities associated 

13 with such right-of-way or similar approval. 

14 REPUBLIC OF PALAU

15 SEC. 113. (a) IN GENERAL.—Subject to subsection 

16 (c), the United States Government, through the Secretary 

17 of the Interior shall provide to the Government of Palau 

18 for fiscal year 2016 grants in amounts equal to the annual 

19 amounts specified in subsections (a), (c), and (d) of sec20 tion 211 of the Compact of Free Association between the 

21 Government of the United States of America and the Gov22 ernment of Palau (48 U.S.C. 1931 note) (referred to in 

23 this section as the ‘‘Compact’’). 

24 (b) PROGRAMMATIC ASSISTANCE.—Subject to sub25 section (c), the United States shall provide programmatic 


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1 assistance to the Republic of Palau for fiscal year 2016 

2 in amounts equal to the amounts provided in subsections 

3 (a) and (b)(1) of section 221 of the Compact. 

4 (c) LIMITATIONS ON ASSISTANCE.— 

5 (1) IN GENERAL.—The grants and pro6 grammatic assistance provided under subsections (a) 

7 and (b) shall be provided to the same extent and in 

8 the same manner as the grants and assistance were 

9 provided in fiscal year 2009. 

10 (2) TRUST FUND.—If the Government of Palau 

11 withdraws more than $5,000,000 from the trust 

12 fund established under section 211(f) of the Com13 pact, amounts to be provided under subsections (a) 

14 and (b) shall be withheld from the Government of 

15 Palau. 

16 STATEWIDE VARIANCES

17 SEC. 114. On land under the jurisdiction of a State 

18 or federally recognized Indian tribe, if State or tribal laws 

19 or regulations are in place regarding the process generally 

20 understood to encompass hydraulic fracturing or well 

21 stimulation for the purpose of production of natural gas 

22 and oil, the Bureau of Land Management shall issue to 

23 that State or Indian tribe a statewide variance for all wells 

24 from the requirements of the final rule entitled ‘‘Oil and 


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1 Gas; Hydraulic Fracturing on Federal and Indian Lands’’ 

2 (80 Fed. Reg. 16128 (March 26, 2015)). 

3 WILD LANDS FUNDING PROHIBITION

4 SEC. 115. None of the funds made available in this 

5 Act or any other Act may be used to implement, admin6 ister, or enforce Secretarial Order No. 3310 issued by the 

7 Secretary of the Interior on December 22, 2010: Provided, 

8 That nothing in this section shall restrict the Secretary’s 

9 authorities under sections 201 and 202 of the Federal 

10 Land Policy and Management Act of 1976 (43 U.S.C. 

11 1711 and 1712). 

12 VOLUNTEERS IN PARKS

13 SEC. 116. Section 4 of Public Law 91–357 (16 

14 U.S.C. 18j), as amended, is further amended by striking 

15 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

16 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

17 SEC. 117. Notwithstanding any other provision of 

18 law, during fiscal year 2016, in carrying out work involv19 ing cooperation with State, local, and tribal governments 

20 or any political subdivision thereof, Indian Affairs may 

21 record obligations against accounts receivable from any 

22 such entities, except that total obligations at the end of 

23 the fiscal year shall not exceed total budgetary resources 

24 available at the end of the fiscal year. 


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1 EXTENSION OF AUTHORITIES

2 SEC. 118. Division II of Public Law 104–333 (16 

3 U.S.C. 461 note), as amended, is further amended in sec4 tions 208, 310, and 607 by striking ‘‘2015’’ and inserting 

5 ‘‘2021’’. 

6 SAGE-GROUSE

7 SEC. 119. None of the funds made available by this 

8 or any other Act may be used by the Secretary of the Inte9 rior to write or issue pursuant to section 4 of the Endan10 gered Species Act of 1973 (16 U.S.C. 1533)— 

11 (1) a proposed rule for greater sage-grouse 

12 (Centrocercus urophasianus); 

13 (2) a proposed rule for the Columbia basin 

14 distinct population segment of greater sage15 grouse; 

16 (3) a final rule for the bi-state distinct 

17 population segment of greater sage-grouse; or 

18 (4) a final rule for Gunnison sage-grouse 

19 (Centrocercus minimus). 

20 OFFSHORE PAY AUTHORITY EXTENSION

21 SEC. 120. Section 117 of Division G of Public Law 

22 113–76 is amended by striking ‘‘and 2015’’ and inserting 

23 ‘‘through 2016’’. 


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1 ONSHORE PAY AUTHORITY EXTENSION

2 SEC. 121. Section 123 of Division G of Public Law 

3 113–76 is amended by striking ‘‘and 2015’’ and inserting 

4 ‘‘through 2016’’. 

5 NATIONAL PARK SERVICE AFFILIATED AREAS

6 SEC. 122. (a) Section 5 of Public Law 95–348 is 

7 amended by striking ‘‘not to exceed $3,000,000’’ and in8 serting ‘‘such sums as may be necessary for the purposes 

9 of this Section’’. 

10 (b) Section 204 of Public Law 93–486, as amended 

11 by section 1(3) of Public Law 100–355, is further amend12 ed by striking ‘‘, but not to exceed $2,000,000’’. 

13 WILDLIFE RESTORATION EXTENSION OF INVESTMENT OF

14 UNEXPENDED AMOUNTS

15 SEC. 123. Section 3(b)(2)(C) of the Pittman-Robert16 son Wildlife Restoration Act (16 U.S.C. 669b(b)(2)(C)) 

17 is amended by striking ‘‘2016’’ and inserting ‘‘2017’’. 

18 DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES

19 PROGRAM

20 SEC. 124. (a) Notwithstanding any other provision 

21 of law relating to Federal grants and cooperative agree22 ments, the Secretary of the Interior is authorized to make 

23 grants to, or enter into cooperative agreements with, pri24 vate nonprofit organizations designated by the Secretary 

25 of Labor under Title V of the Older Americans Act of 


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1 1965 to utilize the talents of older Americans in programs 

2 authorized by other provisions of law administered by the 

3 Secretary and consistent with such provisions of law. 

4 (b) Prior to awarding any grant or agreement under 

5 subsection (a), the Secretary shall ensure that the agree6 ment would not— 

7 (1) result in the displacement of individuals 

8 currently employed by the Department, including 

9 partial displacement through reduction of non-over10 time hours, wages, or employment benefits; 

11 (2) result in the use of an individual under the 

12 Department of the Interior Experienced Services 

13 Program for a job or function in a case in which a 

14 Federal employee is in a layoff status from the same 

15 or substantially equivalent job within the Depart16 ment; or 

17 (3) affect existing contracts for services. 

18 NATIONAL DEFENSE AUTHORIZATION ACT TECHNICAL

19 AMENDMENT

20 SEC. 125. Section 3096(2) of the Carl Levin and 

21 Howard P. ‘‘Buck’’ McKeon National Defense Authoriza22 tion Act for Fiscal Year 2015 is amended by inserting ‘‘for 

23 fiscal year 2015’’ after ‘‘$37,000,000’’. 


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1 ROOSEVELT CAMPOBELLO INTERNATIONAL PARK

2 SEC. 126. The annual budget request submitted by 

3 the Roosevelt Campobello International Park Commission 

4 shall hereafter be directly submitted to Congress un5 changed by the National Park Service. The Service may 

6 comment on the Commission’s budget request with such 

7 additions and subtractions that the Service may propose. 

8 There shall be no diminution of the amount appropriated 

9 for the Commission, unless specified by Congress in the 

10 annual appropriations bill or the report to accompany the 

11 bill. 

12 KING COVE ROAD LAND EXCHANGE

13 SEC. 127. (a) FINDING.—Congress finds that the 

14 land exchange required under this section (including the 

15 designation of the road corridor and the construction of 

16 the road along the road corridor) is in the public interest. 

17 (b) DEFINITIONS.—In this section: 

18 (1) FEDERAL LAND.— 

19 (A) IN GENERAL.—The term ‘‘Federal 

20 land’’ means the approximately 206 acres of 

21 Federal land located within the Refuge as de22 picted on the map entitled ‘‘Project Area Map’’ 

23 and dated September 2012. 

24 (B) INCLUSION.—The term ‘‘Federal 

25 land’’ includes the 131 acres of Federal land in 


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1 the Wilderness, which shall be used for the road 

2 corridor along which the road is to be con3 structed in accordance with subsection (c)(2). 

4 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed5 eral land’’ means the approximately 43,093 acres of 

6 land owned by the State as depicted on the map en7 titled ‘‘Project Area Map’’ and dated September 

8 2012. 

9 (3) REFUGE.—The term ‘‘Refuge’’ means the 

10 Izembek National Wildlife Refuge in the State. 

11 (4) ROAD CORRIDOR.—The term ‘‘road cor12 ridor’’ means the road corridor designated under 

13 subsection (c)(2)(A). 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (6) STATE.—The term ‘‘State’’ means the State 

17 of Alaska. 

18 (7) WILDERNESS.—The term ‘‘Wilderness’’ 

19 means the Izembek Wilderness designated by section 

20 702(6) of the Alaska National Interest Lands Con21 servation Act (16 U.S.C. 1132 note; Public Law 96– 

22 487). 

23 (c) LAND EXCHANGE REQUIRED.— 

24 (1) IN GENERAL.—If the State offers to convey 

25 to the Secretary all right, title, and interest of the 


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1 State in and to the non-Federal land, the Secretary 

2 shall convey to the State all right, title, and interest 

3 of the United States in and to the Federal Land. 

4 (2) USE OF FEDERAL LAND.—The Federal land 

5 shall be conveyed to the State for the purposes of— 

6 (A) designating a road corridor through 

7 the Refuge; and 

8 (B) constructing a noncommercial single9 lane gravel road along the road corridor be10 tween the cities of King Cove and Cold Bay in 

11 the State to provide access to emergency med12 ical services via the all-weather airport in Cold 

13 Bay. 

14 (3) VALUATION, APPRAISALS, AND EQUALI15 ZATION.— 

16 (A) IN GENERAL.—The value of the Fed17 eral land and the non-Federal land to be ex18 changed under this section— 

19 (i) shall be equal, as determined by 

20 appraisals conducted in accordance with 

21 subparagraph (B); or 

22 (ii) if not equal, shall be equalized in 

23 accordance with subparagraph (C). 

24 (B) APPRAISALS.— 


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1 (i) IN GENERAL.—As soon as prac2 ticable after the date of enactment of this 

3 Act, the Secretary and State shall select an 

4 appraiser to conduct appraisals of the Fed5 eral land and non-Federal land. 

6 (ii) REQUIREMENTS.—The appraisals 

7 required under clause (i) shall be con8 ducted in accordance with nationally recog9 nized appraisal standards, including— 

10 (I) the Uniform Appraisal Stand11 ards for Federal Land Acquisitions; 

12 and 

13 (II) the Uniform Standards of 

14 Professional Appraisal Practice. 

15 (C) EQUALIZATION.— 

16 (i) SURPLUS OF FEDERAL LAND.—If 

17 the final appraised value of the Federal 

18 land exceeds the final appraised value of 

19 the non-Federal land to be conveyed under 

20 the land exchange under this section, the 

21 value of the Federal land and non-Federal 

22 land shall be equalized— 

23 (I) by conveying additional non24 Federal land in the State to the SecVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 retary, subject to the approval of the 

2 Secretary; 

3 (II) by the State making a cash 

4 payment to the United States; or 

5 (III) by using a combination of 

6 the methods described in subclauses 

7 (I) and (II). 

8 (ii) SURPLUS OF NON-FEDERAL

9 LAND.—If the final appraised value of the 

10 non-Federal land exceeds the final ap11 praised value of the Federal land to be 

12 conveyed under the land exchange under 

13 this section, the value of the Federal land 

14 and non-Federal land shall be equalized by 

15 the State adjusting the acreage of the non16 Federal land to be conveyed. 

17 (iii) AMOUNT OF PAYMENT.—Notwith18 standing section 206(b) of the Federal 

19 Land Policy and Management Act of 1976 

20 (43 U.S.C. 1716(b)), the Secretary may 

21 accept a payment under clause (i)(II) in 

22 excess of 25 percent of the value of the 

23 Federal land conveyed. 


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1 (4) ADMINISTRATION.—On completion of the 

2 exchange of Federal land and non-Federal land 

3 under this section— 

4 (A) the boundary of the Wilderness shall 

5 be modified to exclude the Federal land; and 

6 (B) the non-Federal land shall be— 

7 (i) added to the Wilderness; and 

8 (ii) administered in accordance with— 

9 (I) the Wilderness Act (16 

10 U.S.C. 1131 et seq.); and 

11 (II) other applicable laws. 

12 (5) DEADLINE.—The land exchange under this 

13 section shall be completed not later than 90 days 

14 after the date of enactment of this Act. 

15 (d) ROUTE OF ROAD CORRIDOR.—The route of the 

16 road corridor shall follow the southern road alignment as 

17 described in the alternative entitled ‘‘Alternative 2-Land 

18 Exchange and Southern Road Alignment’’ in the final en19 vironmental impact statement entitled ‘‘Izembek National 

20 Wildlife Refuge Land Exchange/Road Corridor Final En21 vironmental Impact Statement’’ and dated February 5, 

22 2013. 

23 (e) REQUIREMENTS RELATING TO ROAD.—The re24 quirements relating to usage, barrier cables, and dimen25 sions and the limitation on support facilities under subVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 sections (a) and (b) of section 6403 of the Omnibus Public 

2 Land Management Act of 2009 (Public Law 111–11; 123 

3 Stat. 1180) shall apply to the road constructed in the road 

4 corridor. 

5 (f) EFFECT.—The exchange of Federal land and non6 Federal land under this section shall not constitute a 

7 major Federal action for purposes of the National Envi8 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

9 LESSER PRAIRIE CHICKEN

10 SEC. 128. None of the funds made available by this 

11 Act shall be used to implement or enforce the threatened 

12 species listing of the lesser prairie chicken under the En13 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 

14 TITLE II 

15 ENVIRONMENTAL PROTECTION AGENCY 

16 SCIENCE AND TECHNOLOGY

17 For science and technology, including research and 

18 development activities, which shall include research and 

19 development activities under the Comprehensive Environ20 mental Response, Compensation, and Liability Act of 

21 1980; necessary expenses for personnel and related costs 

22 and travel expenses; procurement of laboratory equipment 

23 and supplies; and other operating expenses in support of 

24 research and development, $703,958,000, to remain avail25 able until September 30, 2017: Provided, That of the 


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1 funds included under this heading, $4,100,000 shall be for 

2 Research: National Priorities as specified in the report ac3 companying this Act. 

4 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

5 For environmental programs and management, in6 cluding necessary expenses, not otherwise provided for, for 

7 personnel and related costs and travel expenses; hire of 

8 passenger motor vehicles; hire, maintenance, and oper9 ation of aircraft; purchase of reprints; library member10 ships in societies or associations which issue publications 

11 to members only or at a price to members lower than to 

12 subscribers who are not members; administrative costs of 

13 the brownfields program under the Small Business Liabil14 ity Relief and Brownfields Revitalization Act of 2002; and 

15 not to exceed $9,000 for official reception and representa16 tion expenses, $2,561,498,000, to remain available until 

17 September 30, 2017: Provided, That of the funds included 

18 under this heading, $15,000,000 shall be for Environ19 mental Protection: National Priorities as specified in the 

20 report accompanying this Act: Provided further, That of 

21 the funds included under this heading, $432,493,000 shall 

22 be for Geographic Programs specified in the report accom23 panying this Act. 


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1 HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM

2 FUND

3 For necessary expenses to carry out section 3024 of 

4 the Solid Waste Disposal Act (42 U.S.C. 6939g), includ5 ing the development, operation, maintenance, and upgrad6 ing of the hazardous waste electronic manifest system es7 tablished by such section, $3,786,000, to remain available 

8 until September 30, 2018. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, $41,489,000, to remain available 

13 until September 30, 2017. 

14 BUILDINGS AND FACILITIES

15 For construction, repair, improvement, extension, al16 teration, and purchase of fixed equipment or facilities of, 

17 or for use by, the Environmental Protection Agency, 

18 $42,317,000, to remain available until expended. 

19 HAZARDOUS SUBSTANCE SUPERFUND

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses to carry out the Comprehen22 sive Environmental Response, Compensation, and Liabil23 ity Act of 1980 (CERCLA), including sections 111(c)(3), 

24 (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) 

25 $1,106,809,000, to remain available until expended, conVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 sisting of such sums as are available in the Trust Fund 

2 on September 30, 2015, as authorized by section 517(a) 

3 of the Superfund Amendments and Reauthorization Act 

4 of 1986 (SARA) and up to $1,106,809,000 as a payment 

5 from general revenues to the Hazardous Substance Super6 fund for purposes as authorized by section 517(b) of 

7 SARA: Provided, That funds appropriated under this 

8 heading may be allocated to other Federal agencies in ac9 cordance with section 111(a) of CERCLA: Provided fur10 ther, That of the funds appropriated under this heading, 

11 $8,459,000 shall be paid to the ‘‘Office of Inspector Gen12 eral’’ appropriation to remain available until September 

13 30, 2017, and $16,217,000 shall be paid to the ‘‘Science 

14 and Technology’’ appropriation to remain available until 

15 September 30, 2017. 

16 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

17 PROGRAM

18 For necessary expenses to carry out leaking under19 ground storage tank cleanup activities authorized by sub20 title I of the Solid Waste Disposal Act, $91,485,000, to 

21 remain available until expended, of which $66,116,000 

22 shall be for carrying out leaking underground storage tank 

23 cleanup activities authorized by section 9003(h) of the 

24 Solid Waste Disposal Act; $25,369,000 shall be for car25 rying out the other provisions of the Solid Waste Disposal 


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1 Act specified in section 9508(c) of the Internal Revenue 

2 Code: Provided, That the Administrator is authorized to 

3 use appropriations made available under this heading to 

4 implement section 9013 of the Solid Waste Disposal Act 

5 to provide financial assistance to federally recognized In6 dian tribes for the development and implementation of 

7 programs to manage underground storage tanks. 

8 INLAND OIL SPILL PROGRAMS

9 For expenses necessary to carry out the Environ10 mental Protection Agency’s responsibilities under the Oil 

11 Pollution Act of 1990, $18,078,000, to be derived from 

12 the Oil Spill Liability trust fund, to remain available until 

13 expended. 

14 STATE AND TRIBAL ASSISTANCE GRANTS

15 For environmental programs and infrastructure as16 sistance, including capitalization grants for State revolv17 ing funds and performance partnership grants, 

18 $3,027,937,000, to remain available until expended, of 

19 which— 

20 (1) $1,047,000,000 shall be for making capital21 ization grants for the Clean Water State Revolving 

22 Funds under title VI of the Federal Water Pollution 

23 Control Act; and of which $775,896,000 shall be for 

24 making capitalization grants for the Drinking Water 

25 State Revolving Funds under section 1452 of the 


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1 Safe Drinking Water Act: Provided, That, for fiscal 

2 year 2016, to the extent there are sufficient eligible 

3 project applications and projects are consistent with 

4 State Intended Use Plans, not less than 10 percent 

5 of the funds made available under this title to each 

6 State for Clean Water State Revolving Fund capital7 ization grants shall be used by the State for projects 

8 to address green infrastructure, water or energy effi9 ciency improvements, or other environmentally inno10 vative activities: Provided further, That, for fiscal 

11 year 2016, funds made available under this title to 

12 each State for Drinking Water State Revolving 

13 Fund capitalization grants may, at the discretion of 

14 each State, be used for projects to address green in15 frastructure, water or energy efficiency improve16 ments, or other environmentally innovative activities: 

17 Provided further, That, notwithstanding section 

18 603(d)(7) of the Federal Water Pollution Control 

19 Act, the limitation on the amounts in a State water 

20 pollution control revolving fund that may be used by 

21 a State to administer the fund shall not apply to 

22 amounts included as principal in loans made by such 

23 fund in fiscal year 2016 and prior years where such 

24 amounts represent costs of administering the fund 

25 to the extent that such amounts are or were deemed 


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1 reasonable by the Administrator, accounted for sepa2 rately from other assets in the fund, and used for 

3 eligible purposes of the fund, including administra4 tion: Provided further, That, for fiscal year 2016, 

5 notwithstanding the provisions of sections 201(h) 

6 and (l) of the Federal Water Pollution Control Act, 

7 grants under Title II of the Federal Water Pollution 

8 Control Act for American Samoa, Guam, the Com9 monwealth of the Northern Marianas, the United 

10 States Virgin Islands, and the District of Columbia 

11 may also be made for the purpose of providing as12 sistance: (1) solely for facility plans, design activi13 ties, or plans, specifications, and estimates for any 

14 proposed project for the construction of treatment 

15 works; and (2) for the construction, repair, or re16 placement of privately owned treatment works serv17 ing one or more principal residences or small com18 mercial establishments: Provided further, That, for 

19 fiscal year 2016, notwithstanding the provisions of 

20 sections 201(h) and (l) and section 518 of the Fed21 eral Water Pollution Control Act, funds reserved by 

22 the Administrator for grants under section 518(c) of 

23 the Federal Water Pollution Control Act may also be 

24 used for grants to provide assistance: (1) solely for 

25 facility plans, design activities, or plans, specificaVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 tions, and estimates for any proposed project for the 

2 construction of treatment works; and (2) for the 

3 construction, repair, or replacement of privately 

4 owned treatment works serving one or more prin5 cipal residences or small commercial establishments: 

6 Provided further, That, for fiscal year 2016, notwith7 standing the limitation on amounts in section 518(c) 

8 of the Federal Water Pollution Control Act and sec9 tion 1452(i) of the Safe Drinking Water Act, up to 

10 a total of 2 percent of the funds appropriated under 

11 the Federal Water Pollution Control Act or 

12 $30,000,000, whichever is greater, and up to a total 

13 of 2 percent of the funds appropriated under the 

14 Safe Drinking Water Act, or $20,000,000, whichever 

15 is greater for State Revolving Funds under such 

16 Acts may be reserved by the Administrator for 

17 grants under section 518(c) and section 1452(i) of 

18 such Acts: Provided further, That, for fiscal year 

19 2016, notwithstanding the amounts specified in sec20 tion 205(c) of the Federal Water Pollution Control 

21 Act, up to 1.5 percent of the aggregate funds appro22 priated for the Clean Water State Revolving Fund 

23 program under the Act less any sums reserved under 

24 section 518(c) of the Act, may be reserved by the 

25 Administrator for grants made under title II of the 


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1 Clean Water Act for American Samoa, Guam, the 

2 Commonwealth of the Northern Marianas, and 

3 United States Virgin Islands: Provided further, That, 

4 for fiscal year 2016, notwithstanding the limitations 

5 on amounts specified in section 1452(j) of the Safe 

6 Drinking Water Act, up to 1.5 percent of the funds 

7 appropriated for the Drinking Water State Revolv8 ing Fund programs under the Safe Drinking Water 

9 Act may be reserved by the Administrator for grants 

10 made under section 1452(j) of the Safe Drinking 

11 Water Act: Provided further, That no less than 10 

12 percent but not more than 20 percent of the funds 

13 made available under this title to each State for 

14 Clean Water State Revolving Fund capitalization 

15 grants and not less than 20 percent but not more 

16 than 30 percent of the funds made available under 

17 this title to each State for Drinking Water State Re18 volving Fund capitalization grants shall be used by 

19 the State to provide additional subsidy to eligible re20 cipients in the form of forgiveness of principal, nega21 tive interest loans, or grants (or any combination of 

22 these), and shall be so used by the State only where 

23 such funds are provided as initial financing for an 

24 eligible recipient or to buy, refinance, or restructure 

25 the debt obligations of eligible recipients only where 


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1 such debt was incurred on or after the date of enact2 ment of this Act; 

3 (2) $10,000,000 shall be for architectural, engi4 neering, planning, design, construction and related 

5 activities in connection with the construction of high 

6 priority water and wastewater facilities in the area 

7 of the United States-Mexico Border, after consulta8 tion with the appropriate border commission; Pro9 vided, That no funds provided by this appropriations 

10 Act to address the water, wastewater and other crit11 ical infrastructure needs of the colonias in the 

12 United States along the United States-Mexico bor13 der shall be made available to a county or municipal 

14 government unless that government has established 

15 an enforceable local ordinance, or other zoning rule, 

16 which prevents in that jurisdiction the development 

17 or construction of any additional colonia areas, or 

18 the development within an existing colonia the con19 struction of any new home, business, or other struc20 ture which lacks water, wastewater, or other nec21 essary infrastructure; 

22 (3) $20,000,000 shall be for grants to the State 

23 of Alaska to address drinking water and wastewater 

24 infrastructure needs of rural and Alaska Native Vil25 lages: Provided, That, of these funds: (A) the State 


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1 of Alaska shall provide a match of 25 percent; (B) 

2 no more than 5 percent of the funds may be used 

3 for administrative and overhead expenses; and (C) 

4 the State of Alaska shall make awards consistent 

5 with the Statewide priority list established in con6 junction with the Agency and the U.S. Department 

7 of Agriculture for all water, sewer, waste disposal, 

8 and similar projects carried out by the State of Alas9 ka that are funded under section 221 of the Federal 

10 Water Pollution Control Act (33 U.S.C. 1301) or 

11 the Consolidated Farm and Rural Development Act 

12 (7 U.S.C. 1921 et seq.) which shall allocate not less 

13 than 25 percent of the funds provided for projects 

14 in regional hub communities; 

15 (4) $80,000,000 shall be to carry out section 

16 104(k) of the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 1980 

18 (CERCLA), including grants, interagency agree19 ments, and associated program support costs: Pro20 vided, That not more than 25 percent of the amount 

21 appropriated to carry out section 104(k) of 

22 CERCLA shall be used for site characterization, as23 sessment, and remediation of facilities described in 

24 section 101(39)(D)(ii)(II) of CERCLA; 


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1 (5) $20,000,000 shall be for grants under title 

2 VII, subtitle G of the Energy Policy Act of 2005; 

3 (6) $15,000,000 shall be for targeted airshed 

4 grants in accordance with the terms and conditions 

5 of the report accompanying this Act; and 

6 (7) $1,060,041,000 shall be for grants, includ7 ing associated program support costs, to States, fed8 erally recognized tribes, interstate agencies, tribal 

9 consortia, and air pollution control agencies for 

10 multi-media or single media pollution prevention, 

11 control and abatement and related activities, includ12 ing activities pursuant to the provisions set forth 

13 under this heading in Public Law 104–134, and for 

14 making grants under section 103 of the Clean Air 

15 Act for particulate matter monitoring and data col16 lection activities subject to terms and conditions 

17 specified by the Administrator, of which: 

18 $47,745,000 shall be for carrying out section 128 of 

19 CERCLA; $9,646,000 shall be for Environmental 

20 Information Exchange Network grants, including as21 sociated program support costs; $1,498,000 shall be 

22 for grants to States under section 2007(f)(2) of the 

23 Solid Waste Disposal Act, which shall be in addition 

24 to funds appropriated under the heading ‘‘Leaking 

25 Underground Storage Tank Trust Fund Program’’ 


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1 to carry out the provisions of the Solid Waste Dis2 posal Act specified in section 9508(c) of the Internal 

3 Revenue Code other than section 9003(h) of the 

4 Solid Waste Disposal Act; $17,848,000 of the funds 

5 available for grants under section 106 of the Federal 

6 Water Pollution Control Act shall be for State par7 ticipation in national- and State-level statistical sur8 veys of water resources and enhancements to State 

9 monitoring programs: Provided, That, for fiscal year 

10 2016 and hereafter, notwithstanding other applica11 ble provisions of law, the funds appropriated for the 

12 Indian Environmental General Assistance Program 

13 shall be available to federally recognized tribes for 

14 solid waste and recovered materials collection, trans15 portation, backhaul, and disposal services. 

16 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

17 PROTECTION AGENCY

18 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

19 For fiscal year 2016, notwithstanding 31 U.S.C. 

20 6303(1) and 6305(1), the Administrator of the Environ21 mental Protection Agency, in carrying out the Agency’s 

22 function to implement directly Federal environmental pro23 grams required or authorized by law in the absence of an 

24 acceptable tribal program, may award cooperative agree25 ments to federally recognized Indian tribes or Intertribal 


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1 consortia, if authorized by their member tribes, to assist 

2 the Administrator in implementing Federal environmental 

3 programs for Indian tribes required or authorized by law, 

4 except that no such cooperative agreements may be award5 ed from funds designated for State financial assistance 

6 agreements. 

7 The Administrator of the Environmental Protection 

8 Agency is authorized to collect and obligate pesticide reg9 istration service fees in accordance with section 33 of the 

10 Federal Insecticide, Fungicide, and Rodenticide Act, as 

11 amended by Public Law 112–177, the Pesticide Registra12 tion Improvement Extension Act of 2012. 

13 Notwithstanding section 33(d)(2) of the Federal In14 secticide, Fungicide, and Rodenticide Act (FIFRA) (7 

15 U.S.C. 136w–8(d)(2)), the Administrator of the Environ16 mental Protection Agency may assess fees under section 

17 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2016. 

18 The Administrator is authorized to transfer up to 

19 $300,000,000 of the funds appropriated for the Great 

20 Lakes Restoration Initiative under the heading ‘‘Environ21 mental Programs and Management’’ to the head of any 

22 Federal department or agency, with the concurrence of 

23 such head, to carry out activities that would support the 

24 Great Lakes Restoration Initiative and Great Lakes 

25 Water Quality Agreement programs, projects, or activities; 


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1 to enter into an interagency agreement with the head of 

2 such Federal department or agency to carry out these ac3 tivities; and to make grants to governmental entities, non4 profit organizations, institutions, and individuals for plan5 ning, research, monitoring, outreach, and implementation 

6 in furtherance of the Great Lakes Restoration Initiative 

7 and the Great Lakes Water Quality Agreement. 

8 The Science and Technology, Environmental Pro9 grams and Management, Office of Inspector General, Haz10 ardous Substance Superfund, and Leaking Underground 

11 Storage Tank Trust Fund Program Accounts, are avail12 able for the construction, alteration, repair, rehabilitation, 

13 and renovation of facilities provided that the cost does not 

14 exceed $150,000 per project. 

15 The Administrator of the Environmental Protection 

16 Agency shall base agency policies and actions regarding 

17 air emission from forest biomass including, but not limited 

18 to, air emissions from facilities that combust forest bio19 mass for energy, on the principle that forest biomass emis20 sion do not increase overall carbon dioxide accumulations 

21 in the atmosphere when USDA Forest Inventory and 

22 Analysis data show that forest carbon stocks in the U.S. 

23 are stable or increasing on a national scale, or when forest 

24 biomass is derived from mill residuals, harvest residuals 

25 or forest management activities. Such policies and actions 


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1 shall not pre-empt existing authorities of States to deter2 mine how to utilize biomass as a renewable energy source 

3 and shall not inhibit States’ authority to apply the same 

4 policies to forest biomass as other renewable fuels in im5 plementing Federal law. 

6 For fiscal year 2016, and notwithstanding section 

7 518(f) of the Water Pollution Control Act, the Adminis8 trator is authorized to use the amounts appropriated for 

9 any fiscal year under Section 319 of the Act to make 

10 grants to federally recognized Indian tribes pursuant to 

11 sections 319(h) and 518(e) of that Act. 

12 The Administrator is authorized to use the amounts 

13 appropriated under the heading ‘‘Environmental Pro14 grams and Management’’ for fiscal year 2016 to provide 

15 grants to implement the Southeastern New England Wa16 tershed Restoration Program. 

17 TITLE III 

18 RELATED AGENCIES 

19 DEPARTMENT OF AGRICULTURE 

20 FOREST SERVICE

21 FOREST AND RANGELAND RESEARCH

22 For necessary expenses of forest and rangeland re23 search as authorized by law, $291,904,000, to remain 

24 available until expended: Provided, That, of the funds proVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 vided, $80,000,000 is for the forest inventory and analysis 

2 program. 

3 STATE AND PRIVATE FORESTRY

4 For necessary expenses of cooperating with and pro5 viding technical and financial assistance to States, terri6 tories, possessions, and others, and for forest health man7 agement, including treatments of pests, pathogens, and 

8 invasive or noxious plants and for restoring and rehabili9 tating forests damaged by pests or invasive plants, cooper10 ative forestry, and education and land conservation activi11 ties and conducting an international program as author12 ized, $226,655,000, to remain available until expended, as 

13 authorized by law; of which $59,800,000 is to be derived 

14 from the Land and Water Conservation Fund. 

15 NATIONAL FOREST SYSTEM

16 (INCLUDING TRANSFERS OF FUNDS)

17 For necessary expenses of the Forest Service, not 

18 otherwise provided for, for management, protection, im19 provement, and utilization of the National Forest System, 

20 $1,516,764,000, to remain available until expended: Pro21 vided, That, of the funds provided, $40,000,000 shall be 

22 deposited in the Collaborative Forest Landscape Restora23 tion Fund for ecological restoration treatments as author24 ized by 16 U.S.C. 7303(f): Provided further, That, of the 

25 funds provided, $359,805,000 shall be for forest products: 


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1 Provided further, That, of the funds provided, up to 

2 $81,941,000 is for the Integrated Resource Restoration 

3 pilot program for Region 1, Region 3 and Region 4: Pro4 vided further, That, of the funds provided for forest prod5 ucts, up to $65,560,000 may be transferred to support 

6 the Integrated Resource Restoration pilot program in the 

7 preceding proviso: Provided further, That the Secretary of 

8 Agriculture may transfer to the Secretary of the Interior 

9 any unobligated funds appropriated in a previous fiscal 

10 year for operation of the Valles Caldera National Preserve. 

11 CAPITAL IMPROVEMENT AND MAINTENANCE

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses of the Forest Service, not 

14 otherwise provided for, $358,164,000, to remain available 

15 until expended, for construction, capital improvement, 

16 maintenance and acquisition of buildings and other facili17 ties and infrastructure; and for construction, reconstruc18 tion, decommissioning of roads that are no longer needed, 

19 including unauthorized roads that are not part of the 

20 transportation system, and maintenance of forest roads 

21 and trails by the Forest Service as authorized by 16 

22 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, 

23 That $25,000,000 shall be designated for urgently needed 

24 road decommissioning, road and trail repair and mainte25 nance and associated activities, and removal of fish pasVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 sage barriers, especially in areas where Forest Service 

2 roads may be contributing to water quality problems in 

3 streams and water bodies which support threatened, en4 dangered, or sensitive species or community water sources: 

5 Provided further, That funds becoming available in fiscal 

6 year 2016 under the Act of March 4, 1913 (16 U.S.C. 

7 501) shall be transferred to the General Fund of the 

8 Treasury and shall not be available for transfer or obliga9 tion for any other purpose unless the funds are appro10 priated: Provided further, That, of the funds provided for 

11 decommissioning of roads, up to $14,743,000 may be 

12 transferred to the ‘‘National Forest System’’ to support 

13 the Integrated Resource Restoration pilot program. 

14 LAND ACQUISITION

15 For expenses necessary to carry out the provisions 

16 of the Land and Water Conservation Fund Act of 1965, 

17 (16 U.S.C. 460l–4 et seq.), including administrative ex18 penses, and for acquisition of land or waters, or interest 

19 therein, in accordance with statutory authority applicable 

20 to the Forest Service, $38,440,000, to be derived from the 

21 Land and Water Conservation Fund and to remain avail22 able until expended. 


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1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 ACTS

3 For acquisition of lands within the exterior bound4 aries of the Cache, Uinta, and Wasatch National Forests, 

5 Utah; the Toiyabe National Forest, Nevada; and the An6 geles, San Bernardino, Sequoia, and Cleveland National 

7 Forests, California, as authorized by law, $950,000, to be 

8 derived from forest receipts. 

9 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

10 For acquisition of lands, such sums, to be derived 

11 from funds deposited by State, county, or municipal gov12 ernments, public school districts, or other public school au13 thorities, and for authorized expenditures from funds de14 posited by non-Federal parties pursuant to Land Sale and 

15 Exchange Acts, pursuant to the Act of December 4, 1967, 

16 (16 U.S.C. 484a), to remain available until expended (16 

17 U.S.C. 460l–516–617a, 555a; Public Law 96–586; Public 

18 Law 76–589, 76–591; and Public Law 78–310). 

19 RANGE BETTERMENT FUND

20 For necessary expenses of range rehabilitation, pro21 tection, and improvement, 50 percent of all moneys re22 ceived during the prior fiscal year, as fees for grazing do23 mestic livestock on lands in National Forests in the 16 

24 Western States, pursuant to section 401(b)(1) of Public 

25 Law 94–579, to remain available until expended, of which 


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1 not to exceed 6 percent shall be available for administra2 tive expenses associated with on-the-ground range reha3 bilitation, protection, and improvements. 

4 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

5 RANGELAND RESEARCH

6 For expenses authorized by 16 U.S.C. 1643(b), 

7 $45,000, to remain available until expended, to be derived 

8 from the fund established pursuant to the above Act. 

9 MANAGEMENT OF NATIONAL FOREST LANDS FOR

10 SUBSISTENCE USES

11 For necessary expenses of the Forest Service to man12 age Federal lands in Alaska for subsistence uses under 

13 title VIII of the Alaska National Interest Lands Conserva14 tion Act (Public Law 96–487), $2,500,000, to remain 

15 available until expended. 

16 WILDLAND FIRE MANAGEMENT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses for forest fire presuppression 

19 activities on National Forest System lands, for emergency 

20 fire suppression on or adjacent to such lands or other 

21 lands under fire protection agreement, hazardous fuels 

22 management on or adjacent to such lands, emergency re23 habilitation of burned-over National Forest System lands 

24 and water, and for State and volunteer fire assistance, 

25 $2,701,341,000, to remain available until expended: ProVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 vided, That such funds including unobligated balances 

2 under this heading, are available for repayment of ad3 vances from other appropriations accounts previously 

4 transferred for such purposes: Provided further, That such 

5 funds shall be available to reimburse State and other co6 operating entities for services provided in response to wild7 fire and other emergencies or disasters to the extent such 

8 reimbursements by the Forest Service for non-fire emer9 gencies are fully repaid by the responsible emergency man10 agement agency: Provided further, That, notwithstanding 

11 any other provision of law, $6,914,000 of funds appro12 priated under this appropriation shall be available for the 

13 Forest Service in support of fire science research author14 ized by the Joint Fire Science Program, including all For15 est Service authorities for the use of funds, such as con16 tracts, grants, research joint venture agreements, and co17 operative agreements: Provided further, That all authori18 ties for the use of funds, including the use of contracts, 

19 grants, and cooperative agreements, available to execute 

20 the Forest and Rangeland Research appropriation, are 

21 also available in the utilization of these funds for Fire 

22 Science Research: Provided further, That funds provided 

23 shall be available for emergency rehabilitation and restora24 tion, hazardous fuels management activities, support to 

25 Federal emergency response, and wildfire suppression acVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 tivities of the Forest Service: Provided further, That, of 

2 the funds provided, $375,000,000 is for hazardous fuels 

3 management activities, $19,795,000 is for research activi4 ties and to make competitive research grants pursuant to 

5 the Forest and Rangeland Renewable Resources Research 

6 Act, (16 U.S.C. 1641 et seq.), $78,012,000 is for State 

7 fire assistance, and $13,000,000 is for volunteer fire as8 sistance under section 10 of the Cooperative Forestry As9 sistance Act of 1978 (16 U.S.C. 2106): Provided further, 

10 That amounts in this paragraph may be transferred to 

11 the ‘‘National Forest System’’, and ‘‘Forest and Range12 land Research’’ accounts to fund forest and rangeland re13 search, the Joint Fire Science Program, vegetation and 

14 watershed management, heritage site rehabilitation, and 

15 wildlife and fish habitat management and restoration: Pro16 vided further, That the costs of implementing any coopera17 tive agreement between the Federal Government and any 

18 non-Federal entity may be shared, as mutually agreed on 

19 by the affected parties: Provided further, That up to 

20 $15,000,000 of the funds provided herein may be used by 

21 the Secretary of Agriculture to enter into procurement 

22 contracts or cooperative agreements or to issue grants for 

23 hazardous fuels management activities and for training or 

24 monitoring associated with such hazardous fuels manage25 ment activities on Federal land or on non-Federal land 


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1 if the Secretary determines such activities benefit re2 sources on Federal land: Provided further, That funds 

3 made available to implement the Community Forest Res4 toration Act, Public Law 106–393, title VI, shall be avail5 able for use on non-Federal lands in accordance with au6 thorities made available to the Forest Service under the 

7 ‘‘State and Private Forestry’’ appropriation: Provided fur8 ther, That the Secretary of the Interior and the Secretary 

9 of Agriculture may authorize the transfer of funds appro10 priated for wildland fire management, in an aggregate 

11 amount not to exceed $50,000,000, between the Depart12 ments when such transfers would facilitate and expedite 

13 wildland fire management programs and projects: Pro14 vided further, That, of the funds provided for hazardous 

15 fuels management, not to exceed $15,000,000 may be 

16 used to make grants, using any authorities available to 

17 the Forest Service under the ‘‘State and Private Forestry’’ 

18 appropriation, for the purpose of creating incentives for 

19 increased use of biomass from National Forest System 

20 lands: Provided further, That funds designated for wildfire 

21 suppression shall be assessed for cost pools on the same 

22 basis as such assessments are calculated against other 

23 agency programs: Provided further, That, of the funds for 

24 hazardous fuels management, up to $24,000,000 may be 


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1 transferred to the ‘‘National Forest System’’ to support 

2 the Integrated Resource Restoration pilot program. 

3 For an additional amount, $854,578,000 for wildfire 

4 suppression operations to meet the emergency and unpre5 dictable aspects of wildland firefighting including support, 

6 response, and emergency stabilization activities, other 

7 emergency management activities, and funds necessary to 

8 repay any transfers needed for these costs, to remain 

9 available until expended: Provided, That such funds are 

10 also available for transfer to other appropriations accounts 

11 to repay amounts previously transferred for wildfire sup12 pression: Provided further, That such amount is des13 ignated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 

16 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

17 (INCLUDING TRANSFERS OF FUNDS)

18 Appropriations to the Forest Service for the current 

19 fiscal year shall be available for: (1) purchase of passenger 

20 motor vehicles; acquisition of passenger motor vehicles 

21 from excess sources, and hire of such vehicles; purchase, 

22 lease, operation, maintenance, and acquisition of aircraft 

23 to maintain the operable fleet for use in Forest Service 

24 wildland fire programs and other Forest Service programs; 

25 notwithstanding other provisions of law, existing aircraft 


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1 being replaced may be sold, with proceeds derived or 

2 trade-in value used to offset the purchase price for the 

3 replacement aircraft; (2) services pursuant to 7 U.S.C. 

4 2225, and not to exceed $100,000 for employment under 

5 5 U.S.C. 3109; (3) purchase, erection, and alteration of 

6 buildings and other public improvements (7 U.S.C. 2250); 

7 (4) acquisition of land, waters, and interests therein pur8 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

9 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

10 558a, 558d, and 558a note); (6) the cost of uniforms as 

11 authorized by 5 U.S.C. 5901–5902; and (7) for debt col12 lection contracts in accordance with 31 U.S.C. 3718(c). 

13 Any appropriations or funds available to the Forest 

14 Service may be transferred to the Wildland Fire Manage15 ment appropriation for forest firefighting, emergency re16 habilitation of burned-over or damaged lands or waters 

17 under its jurisdiction, and fire preparedness due to severe 

18 burning conditions upon the Secretary’s notification of the 

19 House and Senate Committees on Appropriations that all 

20 fire suppression funds appropriated under the heading 

21 ‘‘Wildland Fire Management’’ will be obligated within 30 

22 days: Provided, That all funds used pursuant to this para23 graph must be replenished by a supplemental appropria24 tion which must be requested as promptly as possible. 


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1 Funds appropriated to the Forest Service shall be 

2 available for assistance to or through the Agency for Inter3 national Development in connection with forest and range4 land research, technical information, and assistance in for5 eign countries, and shall be available to support forestry 

6 and related natural resource activities outside the United 

7 States and its territories and possessions, including tech8 nical assistance, education and training, and cooperation 

9 with U.S., private, and international organizations. The 

10 Forest Service, acting for the International Program, may 

11 sign direct funding agreements with foreign governments 

12 and institutions as well as other domestic agencies (includ13 ing the U.S. Agency for International Development, the 

14 Department of State, and the Millennium Challenge Cor15 poration), U.S. private sector firms, institutions and orga16 nizations to provide technical assistance and training pro17 grams overseas on forestry and rangeland management. 

18 Funds appropriated to the Forest Service shall be 

19 available for expenditure or transfer to the Department 

20 of the Interior, Bureau of Land Management, for removal, 

21 preparation, and adoption of excess wild horses and burros 

22 from National Forest System lands, and for the perform23 ance of cadastral surveys to designate the boundaries of 

24 such lands. 


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1 None of the funds made available to the Forest Serv2 ice in this Act or any other Act with respect to any fiscal 

3 year shall be subject to transfer under the provisions of 

4 section 702(b) of the Department of Agriculture Organic 

5 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 

6 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

7 Law 107–107 (7 U.S.C. 8316(b)). 

8 None of the funds available to the Forest Service may 

9 be reprogrammed without the advance approval of the 

10 House and Senate Committees on Appropriations in ac11 cordance with the reprogramming procedures contained in 

12 the explanatory statement accompanying this Act. 

13 Not more than $82,000,000 of funds available to the 

14 Forest Service shall be transferred to the Working Capital 

15 Fund of the Department of Agriculture and not more than 

16 $14,500,000 of funds available to the Forest Service shall 

17 be transferred to the Department of Agriculture for De18 partment Reimbursable Programs, commonly referred to 

19 as Greenbook charges. Nothing in this paragraph shall 

20 prohibit or limit the use of reimbursable agreements re21 quested by the Forest Service in order to obtain services 

22 from the Department of Agriculture’s National Informa23 tion Technology Center. Nothing in this paragraph shall 

24 limit the Forest Service portion of implementation costs 


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1 to be paid to the Department of Agriculture for the Inter2 national Technology Service. 

3 Of the funds available to the Forest Service, up to 

4 $5,000,000 shall be available for priority projects within 

5 the scope of the approved budget, which shall be carried 

6 out by the Youth Conservation Corps and shall be carried 

7 out under the authority of the Public Lands Corps Act 

8 of 1993, Public Law 103–82, as amended by Public Lands 

9 Corps Healthy Forests Restoration Act of 2005, Public 

10 Law 109–154. 

11 Of the funds available to the Forest Service, $4,000 

12 is available to the Chief of the Forest Service for official 

13 reception and representation expenses. 

14 Pursuant to sections 405(b) and 410(b) of Public 

15 Law 101–593, of the funds available to the Forest Service, 

16 up to $3,000,000 may be advanced in a lump sum to the 

17 National Forest Foundation to aid conservation partner18 ship projects in support of the Forest Service mission, 

19 without regard to when the Foundation incurs expenses, 

20 for projects on or benefitting National Forest System 

21 lands or related to Forest Service programs: Provided, 

22 That, of the Federal funds made available to the Founda23 tion, no more than $300,000 shall be available for admin24 istrative expenses: Provided further, That the Foundation 

25 shall obtain, by the end of the period of Federal financial 


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1 assistance, private contributions to match on at least one2 for-one basis funds made available by the Forest Service: 

3 Provided further, That the Foundation may transfer Fed4 eral funds to a Federal or a non-Federal recipient for a 

5 project at the same rate that the recipient has obtained 

6 the non-Federal matching funds. 

7 Pursuant to section 2(b)(2) of Public Law 98–244, 

8 up to $3,000,000 of the funds available to the Forest 

9 Service may be advanced to the National Fish and Wildlife 

10 Foundation in a lump sum to aid cost-share conservation 

11 projects, without regard to when expenses are incurred, 

12 on or benefitting National Forest System lands or related 

13 to Forest Service programs: Provided, That such funds 

14 shall be matched on at least a one-for-one basis by the 

15 Foundation or its sub-recipients: Provided further, That 

16 the Foundation may transfer Federal funds to a Federal 

17 or non-Federal recipient for a project at the same rate 

18 that the recipient has obtained the non-Federal matching 

19 funds. 

20 Funds appropriated to the Forest Service shall be 

21 available for interactions with and providing technical as22 sistance to rural communities and natural resource-based 

23 businesses for sustainable rural development purposes. 

24 Funds appropriated to the Forest Service shall be 

25 available for payments to counties within the Columbia 


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1 River Gorge National Scenic Area, pursuant to section 

2 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

3 663. 

4 Any funds appropriated to the Forest Service may 

5 be used to meet the non-Federal share requirement in sec6 tion 502(c) of the Older Americans Act of 1965 (42 

7 U.S.C. 3056(c)(2)). 

8 Funds available to the Forest Service, not to exceed 

9 $65,000,000, shall be assessed for the purpose of per10 forming fire, administrative and other facilities mainte11 nance and decommissioning. Such assessments shall occur 

12 using a square foot rate charged on the same basis the 

13 agency uses to assess programs for payment of rent, utili14 ties, and other support services. 

15 Notwithstanding any other provision of law, any ap16 propriations or funds available to the Forest Service not 

17 to exceed $500,000 may be used to reimburse the Office 

18 of the General Counsel (OGC), Department of Agri19 culture, for travel and related expenses incurred as a re20 sult of OGC assistance or participation requested by the 

21 Forest Service at meetings, training sessions, management 

22 reviews, land purchase negotiations and similar nonlitiga23 tion-related matters. Future budget justifications for both 

24 the Forest Service and the Department of Agriculture 


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1 should clearly display the sums previously transferred and 

2 the requested funding transfers. 

3 An eligible individual who is employed in any project 

4 funded under title V of the Older Americans Act of 1965 

5 (42 U.S.C. 3056 et seq.) and administered by the Forest 

6 Service shall be considered to be a Federal employee for 

7 purposes of chapter 171 of title 28, United States Code. 

8 DEPARTMENT OF HEALTH AND HUMAN 

9 SERVICES 

10 INDIAN HEALTH SERVICE

11 INDIAN HEALTH SERVICES

12 For expenses necessary to carry out the Act of Au13 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina14 tion and Education Assistance Act, the Indian Health 

15 Care Improvement Act, and titles II and III of the Public 

16 Health Service Act with respect to the Indian Health Serv17 ice, $3,539,523,000, together with payments received dur18 ing the fiscal year pursuant to 42 U.S.C. 238(b) and 

19 238b, for services furnished by the Indian Health Service: 

20 Provided, That funds made available to tribes and tribal 

21 organizations through contracts, grant agreements, or any 

22 other agreements or compacts authorized by the Indian 

23 Self-Determination and Education Assistance Act of 1975 

24 (25 U.S.C. 450), shall be deemed to be obligated at the 

25 time of the grant or contract award and thereafter shall 


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1 remain available to the tribe or tribal organization without 

2 fiscal year limitation: Provided further, That, 

3 $915,347,000 for Purchased/Referred Care, including 

4 $51,500,000 for the Indian Catastrophic Health Emer5 gency Fund, shall remain available until expended: Pro6 vided further, That, of the funds provided, up to 

7 $36,000,000 shall remain available until expended for im8 plementation of the loan repayment program under section 

9 108 of the Indian Health Care Improvement Act: Provided 

10 further, That, of the funds provided, $2,000,000 shall be 

11 for operational shortfalls at health clinics previously au12 thorized under the ‘‘Administrative Provisions, Indian 

13 Health Service’’ heading. Provided further, That the 

14 amounts collected by the Federal Government as author15 ized by sections 104 and 108 of the Indian Health Care 

16 Improvement Act (25 U.S.C. 1613a and 1616a) during 

17 the preceding fiscal year for breach of contracts shall be 

18 deposited to the Fund authorized by section 108A of the 

19 Act (25 U.S.C. 1616a–1) and shall remain available until 

20 expended and, notwithstanding section 108A(c) of the Act 

21 (25 U.S.C. 1616a–1(c)), funds shall be available to make 

22 new awards under the loan repayment and scholarship 

23 programs under sections 104 and 108 of the Act (25 

24 U.S.C. 1613a and 1616a): Provided further, That, not25 withstanding any other provision of law, the amounts 


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1 made available within this account for the methamphet2 amine and suicide prevention and treatment initiative, and 

3 for the domestic violence prevention initiative, and to im4 prove collections from public and private insurance at In5 dian Health Service and tribally operated facilities shall 

6 be allocated at the discretion of the Director of the Indian 

7 Health Service and shall remain available until expended: 

8 Provided further, That funds provided in this Act may be 

9 used for annual contracts and grants that fall within 2 

10 fiscal years, provided the total obligation is recorded in 

11 the year the funds are appropriated: Provided further, 

12 That the amounts collected by the Secretary of Health and 

13 Human Services under the authority of title IV of the In14 dian Health Care Improvement Act shall remain available 

15 until expended for the purpose of achieving compliance 

16 with the applicable conditions and requirements of titles 

17 XVIII and XIX of the Social Security Act, except for those 

18 related to the planning, design, or construction of new fa19 cilities: Provided further, That funding contained herein 

20 for scholarship programs under the Indian Health Care 

21 Improvement Act (25 U.S.C. 1613) shall remain available 

22 until expended: Provided further, That amounts received 

23 by tribes and tribal organizations under title IV of the In24 dian Health Care Improvement Act shall be reported and 

25 accounted for and available to the receiving tribes and 


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1 tribal organizations until expended: Provided further, That 

2 the Bureau of Indian Affairs may collect from the Indian 

3 Health Service, tribes and tribal organizations operating 

4 health facilities pursuant to Public Law 93–638, such in5 dividually identifiable health information relating to dis6 abled children as may be necessary for the purpose of car7 rying out its functions under the Individuals with Disabil8 ities Education Act (20 U.S.C. 1400, et seq.): Provided 

9 further, That the Indian Health Care Improvement Fund 

10 may be used, as needed, to carry out activities typically 

11 funded under the Indian Health Facilities account. 

12 CONTRACT SUPPORT COSTS

13 For payments to tribes and tribal organizations for 

14 contract support costs associated with Indian Self-Deter15 mination and Education Assistance Act agreements with 

16 the Indian Health Service for fiscal year 2016, such sums 

17 as may be necessary: Provided, That amounts obligated 

18 but not expended by a tribe or tribal organization for con19 tract support costs for such agreements for the current 

20 fiscal year shall be applied to contract support costs other21 wise due for such agreements for subsequent fiscal years: 

22 Provided further, That, notwithstanding any other provi23 sion of law, no amounts made available under this heading 

24 shall be available for transfer to another budget account. 


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1 INDIAN HEALTH FACILITIES

2 For construction, repair, maintenance, improvement, 

3 and equipment of health and related auxiliary facilities, 

4 including quarters for personnel; preparation of plans, 

5 specifications, and drawings; acquisition of sites, purchase 

6 and erection of modular buildings, and purchases of trail7 ers; and for provision of domestic and community sanita8 tion facilities for Indians, as authorized by section 7 of 

9 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

10 Self-Determination Act, and the Indian Health Care Im11 provement Act, and for expenses necessary to carry out 

12 such Acts and titles II and III of the Public Health Serv13 ice Act with respect to environmental health and facilities 

14 support activities of the Indian Health Service, 

15 $521,818,000, to remain available until expended: Pro16 vided, That, notwithstanding any other provision of law, 

17 funds appropriated for the planning, design, construction, 

18 renovation or expansion of health facilities for the benefit 

19 of an Indian tribe or tribes may be used to purchase land 

20 on which such facilities will be located: Provided further, 

21 That not to exceed $500,000 may be used by the Indian 

22 Health Service to purchase TRANSAM equipment from 

23 the Department of Defense for distribution to the Indian 

24 Health Service and tribal facilities: Provided further, That 

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1 ice may be used for sanitation facilities construction for 

2 new homes funded with grants by the housing programs 

3 of the United States Department of Housing and Urban 

4 Development: Provided further, That not to exceed 

5 $2,700,000 from this account and the ‘‘Indian Health 

6 Services’’ account may be used by the Indian Health Serv7 ice to obtain ambulances for the Indian Health Service 

8 and tribal facilities in conjunction with an existing inter9 agency agreement between the Indian Health Service and 

10 the General Services Administration: Provided further, 

11 That not to exceed $500,000 may be placed in a Demoli12 tion Fund, to remain available until expended, and be used 

13 by the Indian Health Service for the demolition of Federal 

14 buildings. 

15 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

16 Appropriations provided in this Act to the Indian 

17 Health Service shall be available for services as authorized 

18 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

19 equivalent to the maximum rate payable for senior-level 

20 positions under 5 U.S.C. 5376; hire of passenger motor 

21 vehicles and aircraft; purchase of medical equipment; pur22 chase of reprints; purchase, renovation and erection of 

23 modular buildings and renovation of existing facilities; 

24 payments for telephone service in private residences in the 

25 field, when authorized under regulations approved by the 


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1 Secretary; uniforms or allowances therefor as authorized 

2 by 5 U.S.C. 5901–5902; and for expenses of attendance 

3 at meetings that relate to the functions or activities of the 

4 Indian Health Service: Provided, That, in accordance with 

5 the provisions of the Indian Health Care Improvement 

6 Act, non-Indian patients may be extended health care at 

7 all tribally administered or Indian Health Service facili8 ties, subject to charges, and the proceeds along with funds 

9 recovered under the Federal Medical Care Recovery Act 

10 (42 U.S.C. 2651–2653) shall be credited to the account 

11 of the facility providing the service and shall be available 

12 without fiscal year limitation: Provided further, That, not13 withstanding any other law or regulation, funds trans14 ferred from the Department of Housing and Urban Devel15 opment to the Indian Health Service shall be administered 

16 under Public Law 86–121, the Indian Sanitation Facilities 

17 Act and Public Law 93–638: Provided further, That funds 

18 appropriated to the Indian Health Service in this Act, ex19 cept those used for administrative and program direction 

20 purposes, shall not be subject to limitations directed at 

21 curtailing Federal travel and transportation: Provided fur22 ther, That none of the funds made available to the Indian 

23 Health Service in this Act shall be used for any assess24 ments or charges by the Department of Health and 

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1 tion and provided in this Act, or approved by the House 

2 and Senate Committees on Appropriations through the re3 programming process: Provided further, That, notwith4 standing any other provision of law, funds previously or 

5 herein made available to a tribe or tribal organization 

6 through a contract, grant, or agreement authorized by 

7 title I or title V of the Indian Self-Determination and 

8 Education Assistance Act of 1975 (25 U.S.C. 450), may 

9 be deobligated and reobligated to a self-determination con10 tract under title I, or a self-governance agreement under 

11 title V of such Act and thereafter shall remain available 

12 to the tribe or tribal organization without fiscal year limi13 tation: Provided further, That none of the funds made 

14 available to the Indian Health Service in this Act shall 

15 be used to implement the final rule published in the Fed16 eral Register on September 16, 1987, by the Department 

17 of Health and Human Services, relating to the eligibility 

18 for the health care services of the Indian Health Service 

19 until the Indian Health Service has submitted a budget 

20 request reflecting the increased costs associated with the 

21 proposed final rule, and such request has been included 

22 in an appropriations Act and enacted into law: Provided 

23 further, That, with respect to functions transferred by the 

24 Indian Health Service to tribes or tribal organizations, the 

25 Indian Health Service is authorized to provide goods and 


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1 services to those entities on a reimbursable basis, includ2 ing payments in advance with subsequent adjustment, and 

3 the reimbursements received therefrom, along with the 

4 funds received from those entities pursuant to the Indian 

5 Self-Determination Act, may be credited to the same or 

6 subsequent appropriation account from which the funds 

7 were originally derived, with such amounts to remain 

8 available until expended: Provided further, That reim9 bursements for training, technical assistance, or services 

10 provided by the Indian Health Service will contain total 

11 costs, including direct, administrative, and overhead asso12 ciated with the provision of goods, services, or technical 

13 assistance: Provided further, That the appropriation struc14 ture for the Indian Health Service may not be altered 

15 without advance notification to the House and Senate 

16 Committees on Appropriations. 

17 NATIONAL INSTITUTES OF HEALTH

18 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

19 SCIENCES

20 For necessary expenses for the National Institute of 

21 Environmental Health Sciences in carrying out activities 

22 set forth in section 311(a) of the Comprehensive Environ23 mental Response, Compensation, and Liability Act of 

24 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 


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1 Superfund Amendments and Reauthorization Act of 1986, 

2 $77,349,000. 

3 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

4 REGISTRY

5 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

6 HEALTH

7 For necessary expenses for the Agency for Toxic Sub8 stances and Disease Registry (ATSDR) in carrying out 

9 activities set forth in sections 104(i) and 111(c)(4) of the 

10 Comprehensive Environmental Response, Compensation, 

11 and Liability Act of 1980 (CERCLA) and section 3019 

12 of the Solid Waste Disposal Act, $74,691,000, of which 

13 up to $1,000 per eligible employee of the Agency for Toxic 

14 Substances and Disease Registry shall remain available 

15 until expended for Individual Learning Accounts: Pro16 vided, That, notwithstanding any other provision of law, 

17 in lieu of performing a health assessment under section 

18 104(i)(6) of CERCLA, the Administrator of ATSDR may 

19 conduct other appropriate health studies, evaluations, or 

20 activities, including, without limitation, biomedical testing, 

21 clinical evaluations, medical monitoring, and referral to 

22 accredited healthcare providers: Provided further, That, in 

23 performing any such health assessment or health study, 

24 evaluation, or activity, the Administrator of ATSDR shall 

25 not be bound by the deadlines in section 104(i)(6)(A) of 


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1 CERCLA: Provided further, That none of the funds appro2 priated under this heading shall be available for ATSDR 

3 to issue in excess of 40 toxicological profiles pursuant to 

4 section 104(i) of CERCLA during fiscal year 2016, and 

5 existing profiles may be updated as necessary. 

6 OTHER RELATED AGENCIES 

7 EXECUTIVE OFFICE OF THE PRESIDENT

8 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

9 ENVIRONMENTAL QUALITY

10 For necessary expenses to continue functions as11 signed to the Council on Environmental Quality and Office 

12 of Environmental Quality pursuant to the National Envi13 ronmental Policy Act of 1969, the Environmental Quality 

14 Improvement Act of 1970, and Reorganization Plan No. 

15 1 of 1977, and not to exceed $750 for official reception 

16 and representation expenses, $3,000,000: Provided, That 

17 notwithstanding section 202 of the National Environ18 mental Policy Act of 1970, the Council shall consist of 

19 one member, appointed by the President, by and with the 

20 advice and consent of the Senate, serving as chairman and 

21 exercising all powers, functions, and duties of the Council. 

22 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

23 SALARIES AND EXPENSES

24 For necessary expenses in carrying out activities pur25 suant to section 112(r)(6) of the Clean Air Act, including 


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1 hire of passenger vehicles, uniforms or allowances there2 for, as authorized by 5 U.S.C. 5901–5902, and for serv3 ices authorized by 5 U.S.C. 3109 but at rates for individ4 uals not to exceed the per diem equivalent to the maximum 

5 rate payable for senior level positions under 5 U.S.C. 

6 5376, $10,700,000: Provided, That the Chemical Safety 

7 and Hazard Investigation Board (Board) shall have not 

8 more than three career Senior Executive Service positions: 

9 Provided further, That, notwithstanding any other provi10 sion of law, the individual appointed to the position of In11 spector General of the Environmental Protection Agency 

12 (EPA) shall, by virtue of such appointment, also hold the 

13 position of Inspector General of the Board: Provided fur14 ther, That, notwithstanding any other provision of law, the 

15 Inspector General of the Board shall utilize personnel of 

16 the Office of Inspector General of EPA in performing the 

17 duties of the Inspector General of the Board, and shall 

18 not appoint any individuals to positions within the Board. 

19 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Office of Navajo and 

23 Hopi Indian Relocation as authorized by Public Law 93– 

24 531, $7,341,000, to remain available until expended: Pro25 vided, That funds provided in this or any other appropriaVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 tions Act are to be used to relocate eligible individuals and 

2 groups including evictees from District 6, Hopi-partitioned 

3 lands residents, those in significantly substandard hous4 ing, and all others certified as eligible and not included 

5 in the preceding categories: Provided further, That none 

6 of the funds contained in this or any other Act may be 

7 used by the Office of Navajo and Hopi Indian Relocation 

8 to evict any single Navajo or Navajo family who, as of 

9 November 30, 1985, was physically domiciled on the lands 

10 partitioned to the Hopi Tribe unless a new or replacement 

11 home is provided for such household: Provided further, 

12 That no relocatee will be provided with more than one new 

13 or replacement home: Provided further, That the Office 

14 shall relocate any certified eligible relocatees who have se15 lected and received an approved homesite on the Navajo 

16 reservation or selected a replacement residence off the 

17 Navajo reservation or on the land acquired pursuant to 

18 25 U.S.C. 640d–10: Provided further, That $200,000 shall 

19 be transferred to the Office of Inspector General of the 

20 Department of the Interior, to remain available until ex21 pended, for audits and investigations of the Office of Nav22 ajo and Hopi Indian Relocation, consistent with the In23 spector General Act of 1978 (5 U.S.C. App.). 


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1 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

2 CULTURE AND ARTS DEVELOPMENT

3 PAYMENT TO THE INSTITUTE

4 For payment to the Institute of American Indian and 

5 Alaska Native Culture and Arts Development, as author6 ized by title XV of Public Law 99–498 (20 U.S.C. 56 part 

7 A), $11,619,000, to remain available until September 30, 

8 2017. 

9 SMITHSONIAN INSTITUTION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Smithsonian Institu12 tion, as authorized by law, including research in the fields 

13 of art, science, and history; development, preservation, and 

14 documentation of the National Collections; presentation of 

15 public exhibits and performances; collection, preparation, 

16 dissemination, and exchange of information and publica17 tions; conduct of education, training, and museum assist18 ance programs; maintenance, alteration, operation, lease 

19 agreements of no more than 30 years, and protection of 

20 buildings, facilities, and approaches; not to exceed 

21 $100,000 for services as authorized by 5 U.S.C. 3109; and 

22 purchase, rental, repair, and cleaning of uniforms for em23 ployees, $689,566,000, to remain available until Sep24 tember 30, 2017, except as otherwise provided herein; of 

25 which not to exceed $48,387,000 for the instrumentation 


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1 program, collections acquisition, exhibition reinstallation, 

2 the National Museum of African American History and 

3 Culture, and the repatriation of skeletal remains program 

4 shall remain available until expended; and including such 

5 funds as may be necessary to support American overseas 

6 research centers: Provided, That funds appropriated here7 in are available for advance payments to independent con8 tractors performing research services or participating in 

9 official Smithsonian presentations. 

10 FACILITIES CAPITAL

11 For necessary expenses of repair, revitalization, and 

12 alteration of facilities owned or occupied by the Smithso13 nian Institution, by contract or otherwise, as authorized 

14 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

15 and for construction, including necessary personnel, 

16 $129,975,000, to remain available until expended, of 

17 which not to exceed $10,000 shall be for services as au18 thorized by 5 U.S.C. 3109. 

19 NATIONAL GALLERY OF ART

20 SALARIES AND EXPENSES

21 For the upkeep and operations of the National Gal22 lery of Art, the protection and care of the works of art 

23 therein, and administrative expenses incident thereto, as 

24 authorized by the Act of March 24, 1937 (50 Stat. 51), 

25 as amended by the public resolution of April 13, 1939 


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1 (Public Resolution 9, Seventy-sixth Congress), including 

2 services as authorized by 5 U.S.C. 3109; payment in ad3 vance when authorized by the treasurer of the Gallery for 

4 membership in library, museum, and art associations or 

5 societies whose publications or services are available to 

6 members only, or to members at a price lower than to the 

7 general public; purchase, repair, and cleaning of uniforms 

8 for guards, and uniforms, or allowances therefor, for other 

9 employees as authorized by law (5 U.S.C. 5901–5902); 

10 purchase or rental of devices and services for protecting 

11 buildings and contents thereof, and maintenance, alter12 ation, improvement, and repair of buildings, approaches, 

13 and grounds; and purchase of services for restoration and 

14 repair of works of art for the National Gallery of Art by 

15 contracts made, without advertising, with individuals, 

16 firms, or organizations at such rates or prices and under 

17 such terms and conditions as the Gallery may deem prop18 er, $122,500,000, to remain available until September 30, 

19 2017, of which not to exceed $3,578,000 for the special 

20 exhibition program shall remain available until expended. 

21 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

22 For necessary expenses of repair, restoration and 

23 renovation of buildings, grounds and facilities owned or 

24 occupied by the National Gallery of Art, by contract or 

25 otherwise, for operating lease agreements of no more than 


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1 10 years, with no extensions or renewals beyond the 10 

2 years, that address space needs created by the ongoing 

3 renovations in the Master Facilities Plan, as authorized, 

4 $16,000,000, to remain available until expended: Pro5 vided, That contracts awarded for environmental systems, 

6 protection systems, and exterior repair or renovation of 

7 buildings of the National Gallery of Art may be negotiated 

8 with selected contractors and awarded on the basis of con9 tractor qualifications as well as price. 

10 JOHN F. KENNEDY CENTER FOR THE PERFORMING

11 ARTS

12 OPERATIONS AND MAINTENANCE

13 For necessary expenses for the operation, mainte14 nance and security of the John F. Kennedy Center for 

15 the Performing Arts, $21,660,000. 

16 CAPITAL REPAIR AND RESTORATION

17 For necessary expenses for capital repair and restora18 tion of the existing features of the building and site of 

19 the John F. Kennedy Center for the Performing Arts, 

20 $11,140,000, to remain available until expended. 

21 WOODROW WILSON INTERNATIONAL CENTER FOR

22 SCHOLARS

23 SALARIES AND EXPENSES

24 For expenses necessary in carrying out the provisions 

25 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 


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1 1356) including hire of passenger vehicles and services as 

2 authorized by 5 U.S.C. 3109, $10,500,000, to remain 

3 available until September 30, 2017. 

4 NATIONAL FOUNDATION ON THE ARTS AND THE

5 HUMANITIES

6 NATIONAL ENDOWMENT FOR THE ARTS

7 GRANTS AND ADMINISTRATION

8 For necessary expenses to carry out the National 

9 Foundation on the Arts and the Humanities Act of 1965, 

10 $146,021,000 shall be available to the National Endow11 ment for the Arts for the support of projects and produc12 tions in the arts, including arts education and public out13 reach activities, through assistance to organizations and 

14 individuals pursuant to section 5 of the Act, for program 

15 support, and for administering the functions of the Act, 

16 to remain available until expended. 

17 NATIONAL ENDOWMENT FOR THE HUMANITIES

18 GRANTS AND ADMINISTRATION

19 For necessary expenses to carry out the National 

20 Foundation on the Arts and the Humanities Act of 1965, 

21 $146,021,000 to remain available until expended, of which 

22 $135,121,000 shall be available for support of activities 

23 in the humanities, pursuant to section 7(c) of the Act and 

24 for administering the functions of the Act; and 

25 $10,900,000 shall be available to carry out the matching 


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1 grants program pursuant to section 10(a)(2) of the Act, 

2 including $8,500,000 for the purposes of section 7(h): 

3 Provided, That appropriations for carrying out section 

4 10(a)(2) shall be available for obligation only in such 

5 amounts as may be equal to the total amounts of gifts, 

6 bequests, devises of money, and other property accepted 

7 by the chairman or by grantees of the National Endow8 ment for the Humanities under the provisions of sections 

9 11(a)(2)(B) and 11(a)(3)(B) during the current and pre10 ceding fiscal years for which equal amounts have not pre11 viously been appropriated. 

12 ADMINISTRATIVE PROVISIONS

13 None of the funds appropriated to the National 

14 Foundation on the Arts and the Humanities may be used 

15 to process any grant or contract documents which do not 

16 include the text of 18 U.S.C. 1913: Provided, That none 

17 of the funds appropriated to the National Foundation on 

18 the Arts and the Humanities may be used for official re19 ception and representation expenses: Provided further, 

20 That funds from nonappropriated sources may be used as 

21 necessary for official reception and representation ex22 penses: Provided further, That the Chairperson of the Na23 tional Endowment for the Arts may approve grants of up 

24 to $10,000, if in the aggregate the amount of such grants 

25 does not exceed 5 percent of the sums appropriated for 


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1 grantmaking purposes per year: Provided further, That 

2 such small grant actions are taken pursuant to the terms 

3 of an expressed and direct delegation of authority from 

4 the National Council on the Arts to the Chairperson. 

5 COMMISSION OF FINE ARTS

6 SALARIES AND EXPENSES

7 For expenses of the Commission of Fine Arts under 

8 Chapter 91 of title 40, United States Code, $2,653,000: 

9 Provided, That the Commission is authorized to charge 

10 fees to cover the full costs of its publications, and such 

11 fees shall be credited to this account as an offsetting col12 lection, to remain available until expended without further 

13 appropriation: Provided further, That the Commission is 

14 authorized to accept gifts, including objects, papers, art15 work, drawings and artifacts, that pertain to the history 

16 and design of the Nation’s Capital or the history and ac17 tivities of the Commission of Fine Arts, for the purpose 

18 of artistic display, study or education. 

19 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

20 For necessary expenses as authorized by Public Law 

21 99–190 (20 U.S.C. 956a), $2,000,000. 

22 ADVISORY COUNCIL ON HISTORIC PRESERVATION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Advisory Council on 

25 Historic Preservation (Public Law 89–665), $6,080,000. 


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1 NATIONAL CAPITAL PLANNING COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Capital Plan4 ning Commission under chapter 87 of title 40, United 

5 States Code, including services as authorized by 5 U.S.C. 

6 3109, $7,948,000: Provided, That one-quarter of 1 per7 cent of the funds provided under this heading may be used 

8 for official reception and representational expenses associ9 ated with hosting international visitors engaged in the 

10 planning and physical development of world capitals. 

11 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

12 HOLOCAUST MEMORIAL MUSEUM

13 For expenses of the Holocaust Memorial Museum, as 

14 authorized by Public Law 106–292 (36 U.S.C. 2301– 

15 2310), $52,385,000, of which $865,000 shall remain 

16 available until September 30, 2018, for the Museum’s 

17 equipment replacement program; and of which $2,200,000 

18 for the Museum’s repair and rehabilitation program and 

19 $1,264,000 for the Museum’s outreach initiatives program 

20 shall remain available until expended. 

21 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses, including the costs of con24 struction design, of the Dwight D. Eisenhower Memorial 


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1 Commission, $1,000,000, to remain available until ex2 pended. 

3 TITLE IV 

4 GENERAL PROVISIONS 

5 (INCLUDING TRANSFERS OF FUNDS)

6 RESTRICTION ON USE OF FUNDS

7 SEC. 401. No part of any appropriation contained in 

8 this Act shall be available: 

9 (1) for any activity or the publication or dis10 tribution of literature that in any way tends to pro11 mote public support or opposition to any legislative 

12 proposal on which Congressional action is not com13 plete or other than to communicate to Members of 

14 Congress as described in 18 U.S.C. 1913; or, 

15 (2) for publicity or propaganda purposes for the 

16 preparation, distribution or use of any communica17 tion designed to support or defeat any proposed or 

18 pending regulation, administrative action, or order 

19 issued by an executive branch agency, except in 

20 presentation to the executive branch itself or to Con21 gress. 

22 OBLIGATION OF APPROPRIATIONS

23 SEC. 402. No part of any appropriation contained in 

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 


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1 DISCLOSURE OF ADMINISTRATIVE EXPENSES

2 SEC. 403. The amount and basis of estimated over3 head charges, deductions, reserves or holdbacks, including 

4 working capital fund and cost pool charges, from pro5 grams, projects, activities and subactivities to support gov6 ernment-wide, departmental, agency, or bureau adminis7 trative functions or headquarters, regional, or central op8 erations shall be presented in annual budget justifications 

9 and subject to approval by the Committees on Appropria10 tions of the House of Representatives and the Senate. 

11 Changes to such estimates shall be presented to the Com12 mittees on Appropriations for approval. 

13 MINING APPLICATIONS

14 SEC. 404. (a) LIMITATION OF FUNDS.—None of the 

15 funds appropriated or otherwise made available pursuant 

16 to this Act shall be obligated or expended to accept or 

17 process applications for a patent for any mining or mill 

18 site claim located under the general mining laws. 

19 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

20 the Secretary of the Interior determines that, for the claim 

21 concerned (1) a patent application was filed with the Sec22 retary on or before September 30, 1994; and (2) all re23 quirements established under sections 2325 and 2326 of 

24 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 

25 lode claims, sections 2329, 2330, 2331, and 2333 of the 


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1 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

2 claims, and section 2337 of the Revised Statutes (30 

3 U.S.C. 42) for mill site claims, as the case may be, were 

4 fully complied with by the applicant by that date. 

5 (c) REPORT.—On September 30, 2017, the Secretary 

6 of the Interior shall file with the House and Senate Com7 mittees on Appropriations and the Committee on Natural 

8 Resources of the House and the Committee on Energy and 

9 Natural Resources of the Senate a report on actions taken 

10 by the Department under the plan submitted pursuant to 

11 section 314(c) of the Department of the Interior and Re12 lated Agencies Appropriations Act, 1997 (Public Law 

13 104–208). 

14 (d) MINERAL EXAMINATIONS.—In order to process 

15 patent applications in a timely and responsible manner, 

16 upon the request of a patent applicant, the Secretary of 

17 the Interior shall allow the applicant to fund a qualified 

18 third-party contractor to be selected by the Director of the 

19 Bureau of Land Management to conduct a mineral exam20 ination of the mining claims or mill sites contained in a 

21 patent application as set forth in subsection (b). The Bu22 reau of Land Management shall have the sole responsi23 bility to choose and pay the third-party contractor in ac24 cordance with the standard procedures employed by the 


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1 Bureau of Land Management in the retention of third2 party contractors. 

3 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

4 SEC. 405. Sections 405 and 406 of division F of the 

5 Consolidated and Further Continuing Appropriations Act, 

6 2015 (Public Law 113–235) shall continue in effect in fis7 cal year 2016. 

8 CONTRACT SUPPORT COSTS, FISCAL YEAR 2016

9 LIMITATION

10 SEC. 406. Amounts provided by this Act for fiscal 

11 year 2016 under the headings ‘‘Department of Health and 

12 Human Services, Indian Health Service, Contract Support 

13 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 

14 Affairs and Bureau of Indian Education, Contract Sup15 port Costs’’ are the only amounts available for contract 

16 support costs arising out of self-determination or self-gov17 ernance contracts, grants, compacts, or annual funding 

18 agreements for fiscal year 2016 with the Bureau of Indian 

19 Affairs or the Indian Health Service: Provided, That such 

20 amounts provided by this Act are not available for pay21 ment of claims for contract support costs for prior years, 

22 or for repayments of payments for settlements or judg23 ments awarding contract support costs for prior years. 


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1 FOREST MANAGEMENT PLANS

2 SEC. 407. The Secretary of Agriculture shall not be 

3 considered to be in violation of subparagraph 6(f)(5)(A) 

4 of the Forest and Rangeland Renewable Resources Plan5 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 

6 more than 15 years have passed without revision of the 

7 plan for a unit of the National Forest System. Nothing 

8 in this section exempts the Secretary from any other re9 quirement of the Forest and Rangeland Renewable Re10 sources Planning Act (16 U.S.C. 1600 et seq.) or any 

11 other law: Provided, That if the Secretary is not acting 

12 expeditiously and in good faith, within the funding avail13 able, to revise a plan for a unit of the National Forest 

14 System, this section shall be void with respect to such plan 

15 and a court of proper jurisdiction may order completion 

16 of the plan on an accelerated basis. 

17 PROHIBITION WITHIN NATIONAL MONUMENTS

18 SEC. 408. No funds provided in this Act may be ex19 pended to conduct preleasing, leasing and related activities 

20 under either the Mineral Leasing Act (30 U.S.C. 181 et 

21 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

22 1331 et seq.) within the boundaries of a National Monu23 ment established pursuant to the Act of June 8, 1906 (16 

24 U.S.C. 431 et seq.) as such boundary existed on January 

25 20, 2001, except where such activities are allowed under 


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1 the Presidential proclamation establishing such monu2 ment. 

3 LIMITATION ON TAKINGS

4 SEC. 409. Unless otherwise provided herein, no funds 

5 appropriated in this Act for the acquisition of lands or 

6 interests in lands may be expended for the filing of dec7 larations of taking or complaints in condemnation without 

8 the approval of the House and Senate Committees on Ap9 propriations: Provided, That this provision shall not apply 

10 to funds appropriated to implement the Everglades Na11 tional Park Protection and Expansion Act of 1989, or to 

12 funds appropriated for Federal assistance to the State of 

13 Florida to acquire lands for Everglades restoration pur14 poses. 

15 TIMBER SALE REQUIREMENTS

16 SEC. 410. No timber sale in Alaska’s Region 10 shall 

17 be advertised if the indicated rate is deficit (defined as 

18 the value of the timber is not sufficient to cover all logging 

19 and stumpage costs and provide a normal profit and risk 

20 allowance under the Forest Service’s appraisal process) 

21 when appraised using a residual value appraisal. The west22 ern red cedar timber from those sales which is surplus 

23 to the needs of the domestic processors in Alaska, shall 

24 be made available to domestic processors in the contiguous 

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1 tional western red cedar volume not sold to Alaska or con2 tiguous 48 United States domestic processors may be ex3 ported to foreign markets at the election of the timber sale 

4 holder. All Alaska yellow cedar may be sold at prevailing 

5 export prices at the election of the timber sale holder. 

6 PROHIBITION ON NO-BID CONTRACTS

7 SEC. 411. None of the funds appropriated or other8 wise made available by this Act to executive branch agen9 cies may be used to enter into any Federal contract unless 

10 such contract is entered into in accordance with the re11 quirements of Chapter 33 of title 41, United States Code, 

12 or Chapter 137 of title 10, United States Code, and the 

13 Federal Acquisition Regulation, unless— 

14 (1) Federal law specifically authorizes a con15 tract to be entered into without regard for these re16 quirements, including formula grants for States, or 

17 federally recognized Indian tribes; or 

18 (2) such contract is authorized by the Indian 

19 Self-Determination and Education and Assistance 

20 Act (Public Law 93–638, 25 U.S.C. 450 et seq.) or 

21 by any other Federal laws that specifically authorize 

22 a contract within an Indian tribe as defined in sec23 tion 4(e) of that Act (25 U.S.C. 450b(e)); or 

24 (3) such contract was awarded prior to the date 

25 of enactment of this Act. 


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1 POSTING OF REPORTS

2 SEC. 412. (a) Any agency receiving funds made avail3 able in this Act, shall, subject to subsections (b) and (c), 

4 post on the public website of that agency any report re5 quired to be submitted by the Congress in this or any 

6 other Act, upon the determination by the head of the agen7 cy that it shall serve the national interest. 

8 (b) Subsection (a) shall not apply to a report if— 

9 (1) the public posting of the report com10 promises national security; or 

11 (2) the report contains proprietary information. 

12 (c) The head of the agency posting such report shall 

13 do so only after such report has been made available to 

14 the requesting Committee or Committees of Congress for 

15 no less than 45 days. 

16 NATIONAL ENDOWMENT FOR THE ARTS GRANT

17 GUIDELINES

18 SEC. 413. Of the funds provided to the National En19 dowment for the Arts— 

20 (1) The Chairperson shall only award a grant 

21 to an individual if such grant is awarded to such in22 dividual for a literature fellowship, National Herit23 age Fellowship, or American Jazz Masters Fellow24 ship. 


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1 (2) The Chairperson shall establish procedures 

2 to ensure that no funding provided through a grant, 

3 except a grant made to a State or local arts agency, 

4 or regional group, may be used to make a grant to 

5 any other organization or individual to conduct ac6 tivity independent of the direct grant recipient. 

7 Nothing in this subsection shall prohibit payments 

8 made in exchange for goods and services. 

9 (3) No grant shall be used for seasonal support 

10 to a group, unless the application is specific to the 

11 contents of the season, including identified programs 

12 and/or projects. 

13 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

14 PRIORITIES

15 SEC. 414. (a) In providing services or awarding fi16 nancial assistance under the National Foundation on the 

17 Arts and the Humanities Act of 1965 from funds appro18 priated under this Act, the Chairperson of the National 

19 Endowment for the Arts shall ensure that priority is given 

20 to providing services or awarding financial assistance for 

21 projects, productions, workshops, or programs that serve 

22 underserved populations. 

23 (b) In this section: 

24 (1) The term ‘‘underserved population’’ means 

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1 ties, who have historically been outside the purview 

2 of arts and humanities programs due to factors such 

3 as a high incidence of income below the poverty line 

4 or to geographic isolation. 

5 (2) The term ‘‘poverty line’’ means the poverty 

6 line (as defined by the Office of Management and 

7 Budget, and revised annually in accordance with sec8 tion 673(2) of the Community Services Block Grant 

9 Act (42 U.S.C. 9902(2))) applicable to a family of 

10 the size involved. 

11 (c) In providing services and awarding financial as12 sistance under the National Foundation on the Arts and 

13 Humanities Act of 1965 with funds appropriated by this 

14 Act, the Chairperson of the National Endowment for the 

15 Arts shall ensure that priority is given to providing serv16 ices or awarding financial assistance for projects, produc17 tions, workshops, or programs that will encourage public 

18 knowledge, education, understanding, and appreciation of 

19 the arts. 

20 (d) With funds appropriated by this Act to carry out 

21 section 5 of the National Foundation on the Arts and Hu22 manities Act of 1965— 

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1 grams that are of national impact or availability or 

2 are able to tour several States; 

3 (2) the Chairperson shall not make grants ex4 ceeding 15 percent, in the aggregate, of such funds 

5 to any single State, excluding grants made under the 

6 authority of paragraph (1); 

7 (3) the Chairperson shall report to the Con8 gress annually and by State, on grants awarded by 

9 the Chairperson in each grant category under sec10 tion 5 of such Act; and 

11 (4) the Chairperson shall encourage the use of 

12 grants to improve and support community-based 

13 music performance and education. 

14 STATUS OF BALANCES OF APPROPRIATIONS

15 SEC. 415. The Department of the Interior, the Envi16 ronmental Protection Agency, the Forest Service, and the 

17 Indian Health Service shall provide the Committees on 

18 Appropriations of the House of Representatives and Sen19 ate quarterly reports on the status of balances of appro20 priations including all uncommitted, committed, and unob21 ligated funds in each program and activity. 

22 REPORT ON USE OF CLIMATE CHANGE FUNDS

23 SEC. 416. Not later than 120 days after the date on 

24 which the President’s fiscal year 2017 budget request is 

25 submitted to the Congress, the President shall submit a 


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1 comprehensive report to the Committees on Appropria2 tions of the House of Representatives and the Senate de3 scribing in detail all Federal agency funding, domestic and 

4 international, for climate change programs, projects, and 

5 activities in fiscal years 2015 and 2016, including an ac6 counting of funding by agency with each agency identi7 fying climate change programs, projects, and activities 

8 and associated costs by line item as presented in the Presi9 dent’s Budget Appendix, and including citations and link10 ages where practicable to each strategic plan that is driv11 ing funding within each climate change program, project, 

12 and activity listed in the report. 

13 PROHIBITION ON FEDERAL IMPLEMENTATION PLANS

14 SEC. 417. None of the funds made available by this 

15 Act, or any other Act for any fiscal year, shall be used 

16 to develop, propose, finalize, implement, or enforce section 

17 111(d)(2) of the Clean Air Act (42 U.S.C. 7411(d)(2)) 

18 in the case of States that have failed to submit a satisfac19 tory plan to implement section 111(d)(1) of that Act (42 

20 U.S.C. 7411(d)(1)), in the case of any air pollutant being 

21 regulated as part of any proposed or final rule to address 

22 carbon dioxide emissions from existing sources that are 

23 fossil fuel-fired electric utility generating units under sec24 tion 111 of that Act (42 U.S.C. 7411), including any final 

25 rule that succeeds— 


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1 (1) the proposed rule entitled ‘‘Carbon Pollu2 tion Emission Guidelines for Existing Stationary 

3 Sources: Electric Utility Generating Units’’ (79 Fed. 

4 Reg. 34830 (June 18, 2014)); or 

5 (2) the supplemental proposed rule entitled 

6 ‘‘Carbon Pollution Emission Guidelines for Existing 

7 Stationary Sources: EGUs in Indian Country and 

8 U.S. Territories; Multi-Jurisdictional Partnerships’’ 

9 (79 Fed. Reg. 65482 (November 4, 2014)). 

10 PROHIBITION ON USE OF FUNDS

11 SEC. 418. Notwithstanding any other provision of 

12 law, none of the funds made available in this Act or any 

13 other Act may be used to promulgate or implement any 

14 regulation requiring the issuance of permits under title V 

15 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 

16 dioxide, nitrous oxide, water vapor, or methane emissions 

17 resulting from biological processes associated with live18 stock production. 

19 GREENHOUSE GAS REPORTING RESTRICTIONS

20 SEC. 419. Notwithstanding any other provision of 

21 law, none of the funds made available in this or any other 

22 Act may be used to implement any provision in a rule, 

23 if that provision requires mandatory reporting of green24 house gas emissions from manure management systems. 


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1 RECREATION FEE

2 SEC. 420. Section 810 of the Federal Lands Recre3 ation Enhancement Act (16 U.S.C. 6809) is amended by 

4 striking ‘‘September 30, 2016’’ and inserting ‘‘September 

5 30, 2017’’. 

6 WATERS OF THE UNITED STATES

7 SEC. 421. None of the funds made available in this 

8 Act or any other Act for any fiscal year may be used to 

9 develop, adopt, implement, administer, or enforce any 

10 change to the regulations and guidance in effect on Octo11 ber 1, 2012, pertaining to the definition of waters under 

12 the jurisdiction of the Federal Water Pollution Control 

13 Act (33 U.S.C. Sec. 1251, et seq.), including the provi14 sions of the rules dated November 13, 1986 and August 

15 25, 1993, relating to said jurisdiction, and the guidance 

16 documents dated January 15, 2003 and December 2, 

17 2008, relating to said jurisdiction. 

18 MODIFICATION OF AUTHORITIES

19 SEC. 422. (a) Section 8162(m)(3) of the Department 

20 of Defense Appropriations Act, 2000 (40 U.S.C. 8903 

21 note; Public Law 106–79) is amended by striking ‘‘Sep22 tember 30, 2015’’ and inserting ‘‘September 30, 2016’’. 

23 (b) For fiscal year 2016, the authority provided by 

24 the provisos under the heading ‘‘Dwight D. Eisenhower 


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1 Memorial Commission—Capital Construction’’ in division 

2 E of Public Law 112–74 shall not be in effect. 

3 USE OF AMERICAN IRON AND STEEL

4 SEC. 423. (a)(1) None of the funds made available 

5 by a State water pollution control revolving fund as au6 thorized by section 1452 of the Safe Drinking Water Act 

7 (42 U.S.C. 300j–12) shall be used for a project for the 

8 construction, alteration, maintenance, or repair of a public 

9 water system or treatment works unless all of the iron and 

10 steel products used in the project are produced in the 

11 United States. 

12 (2) In this section, the term ‘‘iron and steel’’ products 

13 means the following products made primarily of iron or 

14 steel: lined or unlined pipes and fittings, manhole covers 

15 and other municipal castings, hydrants, tanks, flanges, 

16 pipe clamps and restraints, valves, structural steel, rein17 forced precast concrete, and construction materials. 

18 (b) Subsection (a) shall not apply in any case or cat19 egory of cases in which the Administrator of the Environ20 mental Protection Agency (in this section referred to as 

21 the ‘‘Administrator’’) finds that— 

22 (1) applying subsection (a) would be incon23 sistent with the public interest; 


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1 (2) iron and steel products are not produced in 

2 the United States in sufficient and reasonably avail3 able quantities and of a satisfactory quality; or 

4 (3) inclusion of iron and steel products pro5 duced in the United States will increase the cost of 

6 the overall project by more than 25 percent. 

7 (c) If the Administrator receives a request for a waiv8 er under this section, the Administrator shall make avail9 able to the public on an informal basis a copy of the re10 quest and information available to the Administrator con11 cerning the request, and shall allow for informal public 

12 input on the request for at least 15 days prior to making 

13 a finding based on the request. The Administrator shall 

14 make the request and accompanying information available 

15 by electronic means, including on the official public Inter16 net Web site of the Environmental Protection Agency. 

17 (d) This section shall be applied in a manner con18 sistent with United States obligations under international 

19 agreements. 

20 (e) The Administrator may retain up to 0.25 percent 

21 of the funds appropriated in this Act for the Clean and 

22 Drinking Water State Revolving Funds for carrying out 

23 the provisions described in subsection (a)(1) for manage24 ment and oversight of the requirements of this section. 


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1 (f) This section does not apply with respect to a 

2 project if a State agency approves the engineering plans 

3 and specifications for the project, in that agency’s capacity 

4 to approve such plans and specifications prior to a project 

5 requesting bids, prior to the date of the enactment of this 

6 Act. 

7 NATIONAL AMBIENT AIR QUALITY STANDARD FUNDING

8 LIMITATION

9 SEC. 424. None of the funds made available by this 

10 Act, or any other Act for any fiscal year, shall be used 

11 to develop, adopt, implement, administer, or enforce a na12 tional primary or secondary ambient air quality standard 

13 for ozone that is lower than the standard established 

14 under section 50.15 of title 40, Code of Federal Regula15 tions (as in effect on January 1, 2015), until at least 85 

16 percent of the counties that, as of January 30, 2015, were 

17 in nonattainment areas under the standard established 

18 under section 50.15 of title 40, Code of Federal Regula19 tions (as in effect on January 1, 2015), achieve full com20 pliance with that standard. 

21 FUNDING PROHIBITION

22 SEC. 425. None of the funds made available by this 

23 or any other Act may be used to regulate the lead content 

24 of ammunition, ammunition components, or fishing tackle 


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1 under the Toxic Substances Control Act (15 U.S.C. 2601 

2 et seq.) or any other law. 

3 CONTRACTING AUTHORITIES

4 SEC. 426. Section 412 of Division E of Public Law 

5 112–74 is amended by striking ‘‘fiscal year 2015,’’ and 

6 inserting ‘‘fiscal year 2017,’’. 

7 CHESAPEAKE BAY INITIATIVE

8 SEC. 427. Section 502(c) of the Chesapeake Bay Ini9 tiative Act of 1998 (Public Law 105–312; 16 U.S.C. 461 

10 note) is amended by striking ‘‘2015’’ and inserting 

11 ‘‘2017’’. 

12 PROHIBITION OF SEWAGE DUMPING INTO THE GREAT

13 LAKES

14 SEC. 428. (a) Section 402 of the Federal Water Pol15 lution Control Act (33 U.S.C. 1342) is amended by adding 

16 at the end the following: 

17 ‘‘(s) PROHIBITION ON SEWAGE DUMPING INTO THE

18 GREAT LAKES.— 

19 ‘‘(1) DEFINITIONS.—In this subsection: 

20 ‘‘(A) BYPASS.—The term ‘bypass’ means 

21 an intentional diversion of waste streams to by22 pass any portion of a treatment facility which 

23 results in a discharge into the Great Lakes. 

24 ‘‘(B) DISCHARGE.— 


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1 ‘‘(i) IN GENERAL.—The term ‘dis2 charge’ means a direct or indirect dis3 charge of untreated sewage or partially 

4 treated sewage from a treatment works 

5 into the Great Lakes or a tributary of the 

6 Great Lakes. 

7 ‘‘(ii) INCLUSIONS.—The term ‘dis8 charge’ includes a bypass and a combined 

9 sewer overflow. 

10 ‘‘(C) GREAT LAKES.—The term ‘Great 

11 Lakes’ has the meaning given the term in sec12 tion 118(a)(3). 

13 ‘‘(D) PARTIALLY TREATED SEWAGE.—The 

14 term ‘partially treated sewage’ means any sew15 age, sewage and storm water, or sewage and 

16 wastewater, from domestic or industrial sources 

17 that— 

18 ‘‘(i) is not treated to national sec19 ondary treatment standards for waste20 water; or 

21 ‘‘(ii) is treated to a level less than the 

22 level required by the applicable national 

23 pollutant discharge elimination system per24 mit. 


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1 ‘‘(E) TREATMENT FACILITY.—The term 

2 ‘treatment facility’ includes all wastewater 

3 treatment units used by a publicly owned treat4 ment works to meet secondary treatment stand5 ards or higher, as required to attain water qual6 ity standards, under any operating conditions. 

7 ‘‘(F) TREATMENT WORKS.—The term 

8 ‘treatment works’ has the meaning given the 

9 term in section 212. 

10 ‘‘(2) PROHIBITION.—A publicly owned treat11 ment works is prohibited from performing a bypass 

12 unless— 

13 ‘‘(A)(i) the bypass is unavoidable to pre14 vent loss of life, personal injury, or severe prop15 erty damage; 

16 ‘‘(ii) there is not a feasible alternative to 

17 the bypass, such as the use of auxiliary treat18 ment facilities, retention of untreated wastes, or 

19 maintenance during normal periods of equip20 ment downtime; and 

21 ‘‘(iii) the treatment works provides notice 

22 of the bypass in accordance with this sub23 section; or 

24 ‘‘(B) the bypass does not cause effluent 

25 limitations to be exceeded, and the bypass is for 


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1 essential maintenance to ensure efficient oper2 ation of the treatment facility. 

3 ‘‘(3) LIMITATION.—The requirement of para4 graph (2)(A)(ii) is not satisfied if— 

5 ‘‘(A) adequate back-up equipment should 

6 have been installed in the exercise of reasonable 

7 engineering judgment to prevent the bypass; 

8 and 

9 ‘‘(B) the bypass occurred during normal 

10 periods of equipment downtime or preventive 

11 maintenance. 

12 ‘‘(4) IMMEDIATE NOTICE REQUIREMENTS.— 

13 ‘‘(A) IN GENERAL.—The Administrator 

14 shall work with States having publicly owned 

15 treatment works subject to the requirements of 

16 this subsection to create immediate notice re17 quirements in the event of discharge that pro18 vide for the method, contents, and requirements 

19 for public availability of the notice. 

20 ‘‘(B) MINIMUM REQUIREMENTS.— 

21 ‘‘(i) IN GENERAL.—At a minimum, 

22 the contents of the notice shall include— 

23 ‘‘(I) the exact dates and times of 

24 the discharge; 


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1 ‘‘(II) the volume of the discharge; 

2 and 

3 ‘‘(III) a description of any public 

4 access areas impacted. 

5 ‘‘(ii) CONSISTENCY.—Minimum re6 quirements shall be consistent for all 

7 States. 

8 ‘‘(C) ADDITIONAL REQUIREMENTS.—The 

9 Administrator and States described in subpara10 graph (A) shall include— 

11 ‘‘(i) follow-up notice requirements 

12 that provide a more full description of each 

13 event, the cause, and plans to prevent reoc14 currence; and 

15 ‘‘(ii) annual publication requirements 

16 that list each treatment works from which 

17 the Administrator or the State receive a 

18 follow-up notice. 

19 ‘‘(D) TIMING.—The notice and publication 

20 requirements described in this paragraph shall 

21 be implemented not later than 2 years after the 

22 date of enactment of this subsection. 

23 ‘‘(5) SEWAGE BLENDING.—Bypasses prohibited 

24 by this section include bypasses resulting in dis25 charges from a publicly owned treatment works that 


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1 consist of effluent routed around treatment units 

2 and thereafter blended together with effluent from 

3 treatment units prior to discharge. 

4 ‘‘(6) IMPLEMENTATION.—As soon as prac5 ticable, the Administrator shall establish procedures 

6 to ensure that permits issued under this section (or 

7 under a State permit program approved under this 

8 section) to a publicly owned treatment works include 

9 requirements to implement this subsection. 

10 ‘‘(7) INCREASE IN MAXIMUM CIVIL PENALTY

11 FOR VIOLATIONS OCCURRING AFTER JANUARY 1, 

12 2035.—Notwithstanding section 309, in the case of a 

13 violation of this subsection occurring on or after 

14 January 1, 2035, or any violation of a permit limita15 tion or condition implementing this subsection occur16 ring after that date, the maximum civil penalty that 

17 shall be assessed for the violation shall be $100,000 

18 per day for each day the violation occurs. 

19 ‘‘(8) APPLICABILITY.—This subsection shall 

20 apply to a bypass occurring after the last day of the 

21 1-year period beginning on the date of enactment of 

22 this subsection.’’. 

23 (b) GREAT LAKES CLEANUP FUND.—(1) Title V of 

24 the Federal Water Pollution Control Act (33 U.S.C. 1361 

25 et seq.) is amended— 


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1 (A) by redesignating section 519 (33 U.S.C. 

2 1251 note) as section 520; and 

3 (B) by inserting after section 518 (33 U.S.C. 

4 1377) the following: 

5 ‘‘SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP 

6 FUND. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) FUND.—The term ‘Fund’ means the Great 

9 Lakes Cleanup Fund established by subsection (b). 

10 ‘‘(2) GREAT LAKES; GREAT LAKES STATES.— 

11 The terms ‘Great Lakes’ and ‘Great Lakes States’ 

12 have the meanings given the terms in section 

13 118(a)(3). 

14 ‘‘(b) ESTABLISHMENT OF FUND.—There is estab15 lished in the Treasury of the United States a trust fund 

16 to be known as the ‘Great Lakes Cleanup Fund’ (referred 

17 to in this section as the ‘Fund’). 

18 ‘‘(c) TRANSFERS TO FUND.—Effective January 1, 

19 2035, there are authorized to be appropriated to the Fund 

20 amounts equivalent to the penalties collected for violations 

21 of section 402(s). 

22 ‘‘(d) ADMINISTRATION OF FUND.—The Adminis23 trator shall administer the Fund. 

24 ‘‘(e) USE OF FUNDS.—The Administrator shall— 


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1 ‘‘(1) make the amounts in the Fund available 

2 to the Great Lakes States for use in carrying out 

3 programs and activities for improving wastewater 

4 discharges into the Great Lakes, including habitat 

5 protection and wetland restoration; and 

6 ‘‘(2) allocate those amounts among the Great 

7 Lakes States based on the proportion that— 

8 ‘‘(A) the amount attributable to a Great 

9 Lakes State for penalties collected for violations 

10 of section 402(s); bears to 

11 ‘‘(B) the total amount of those penalties 

12 attributable to all Great Lakes States. 

13 ‘‘(f) PRIORITY.—In selecting programs and activities 

14 to be funded using amounts made available under this sec15 tion, a Great Lakes State shall give priority consideration 

16 to programs and activities that address violations of sec17 tion 402(s) resulting in the collection of penalties.’’. 

18 (2) Section 607 of the Federal Water Pollution Con19 trol Act (33 U.S.C. 1387) is amended— 

20 (A) by striking ‘‘There is’’ and inserting ‘‘(a) In 

21 General.—There is’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(b) TREATMENT OF GREAT LAKES CLEANUP

24 FUND.—For purposes of this title, amounts made avail25 able from the Great Lakes Cleanup Fund under section 


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1 519 shall be treated as funds authorized to be appro2 priated to carry out this title and as funds made available 

3 under this title, except that the funds shall be made avail4 able to the Great Lakes States in accordance with section 

5 519.’’. 

6 STEWARDSHIP CONTRACTING AMENDMENTS

7 SEC. 429. Section 604(d) of the Healthy Forest Res8 toration Act of 2003 (16 U.S.C. 6591), as amended by 

9 the Agricultural Act of 2014 (Public Law 113–79), is fur10 ther amended— 

11 (a) in paragraph (5), by adding at the end the fol12 lowing: ‘‘Notwithstanding the Materials Act of 1947 (30 

13 U.S.C. 602(a)), the Director may enter into an agreement 

14 or contract under subsection (b).’’; and 

15 (b) in paragraph (7), by striking ‘‘and the Director’’. 

16 EXTENSION OF GRAZING PERMITS

17 SEC. 430. The terms and conditions of section 325 

18 of Public Law 108–108 (117 Stat. 1307), regarding graz19 ing permits issued by the Forest Service on any lands not 

20 subject to administration under section 402 of Federal 

21 Lands Policy and Management Act (43 U.S.C. 1752), 

22 shall remain in effect for fiscal year 2016. 

23 FINANCIAL ASSURANCE

24 SEC. 431. None of the funds made available by this 

25 Act may be used to develop, propose, finalize, implement, 


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1 enforce, or administer any regulation that would establish 

2 new financial responsibility requirements pursuant to sec3 tion 108(b) of the Comprehensive Environmental Re4 sponse, Compensation, and Liability Act of 1980 (42 

5 U.S.C. 9608(b)). 

6 NEPA GUIDANCE

7 SEC. 432. None of the funds made available in this 

8 Act may be used by any Federal agency to develop, adopt, 

9 implement, enforce, or administer guidance or regulations 

10 published in (1) 79 Fed. Reg. 77,802 dated December 24, 

11 2014; and (2) 79 Fed. Reg. 76,986, dated December 23, 

12 2014. 

13 GOOD NEIGHBOR AUTHORITY

14 SEC. 433. Section 8206(b)(2) of the Agricultural Act 

15 of 2014 (16 USC 2113a(b)(2)) is amended by adding at 

16 the end of the following: 

17 ‘‘(C) FOREST DEVELOPMENT ROADS.— 

18 ‘‘(i) IN GENERAL.—Notwithstanding 

19 subsection (a)(3)(B), existing roads shall 

20 be repaired or reconstructed to a satisfac21 tory condition to perform authorized res22 toration services including removal of tim23 ber.’’. 


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1 TITLE V—WILDFIRE DISASTER 

2 FUNDING 

3 SEC. 501. WILDFIRE DISASTER FUNDING AUTHORITY. 

4 (a) DISASTER FUNDING.—Section 251(b)(2)(D) of 

5 the Balanced Budget and Emergency Deficit Control Act 

6 of 1985 (2 U.S.C. 901(b)(2)(D)) is amended— 

7 (1) in clause (i)— 

8 (A) in subclause (I), by striking ‘‘and’’ at 

9 the end and inserting ‘‘plus’’; 

10 (B) in subclause (II), by striking the pe11 riod at the end and inserting ‘‘; less’’; and 

12 (C) by adding the following: 

13 ‘‘(III) the additional new budget 

14 authority provided in an appropriation 

15 Act for wildfire suppression operations 

16 pursuant to subparagraph (E) for the 

17 preceding fiscal year.’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(v) Beginning in fiscal year 2018, 

20 and for each fiscal year thereafter, the cal21 culation of the ‘average funding provided 

22 for disaster relief over the previous 10 

23 years’ shall include, for each year within 

24 that average, the additional new budget 

25 authority provided in an appropriation Act 


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1 for wildfire suppression operations pursu2 ant to subparagraph (E) for the preceding 

3 fiscal year.’’. 

4 (b) WILDFIRE SUPPRESSION.—Section 251(b)(2) of 

5 the Balanced Budget and Emergency Deficit Control Act 

6 of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at 

7 the end the following: 

8 ‘‘(E) WILDFIRE SUPPRESSION.— 

9 ‘‘(i) DEFINITIONS.—In this subpara10 graph: 

11 ‘‘(I) ADDITIONAL NEW BUDGET

12 AUTHORITY.—The term ‘additional 

13 new budget authority’ means the 

14 amount provided for a fiscal year in 

15 an appropriation Act that is— 

16 ‘‘(aa) in excess of 100 per17 cent of the average costs for wild18 fire suppression operations over 

19 the previous 10 years; and 

20 ‘‘(bb) specified to pay for 

21 the costs of wildfire suppression 

22 operations. 

23 ‘‘(II) WILDFIRE SUPPRESSION

24 OPERATIONS.—The term ‘wildfire sup25 pression operations’ means the emerVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 gency and unpredictable aspects of 

2 wildland firefighting, including— 

3 ‘‘(aa) support, response, and 

4 emergency stabilization activities; 

5 ‘‘(bb) other emergency man6 agement activities; and 

7 ‘‘(cc) the funds necessary to 

8 repay any transfers needed for 

9 the costs of wildfire suppression 

10 operations. 

11 ‘‘(ii) ADDITIONAL NEW BUDGET AU12 THORITY.—If a bill or joint resolution 

13 making appropriations for a fiscal year is 

14 enacted that specifies an amount for wild15 fire suppression operations in the Wildland 

16 Fire Management accounts at the Depart17 ment of Agriculture or the Department of 

18 the Interior, then the adjustments for that 

19 fiscal year shall be the amount of addi20 tional new budget authority provided in 

21 that Act for wildfire suppression operations 

22 for that fiscal year, but shall not exceed— 

23 ‘‘(I) for fiscal year 2016, 

24 $1,460,000,000 in additional new 

25 budget authority; 


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1 ‘‘(II) for fiscal year 2017, 

2 $1,557,000,000 in additional new 

3 budget authority; 

4 ‘‘(III) for fiscal year 2018, 

5 $1,778,000,000 in additional new 

6 budget authority; 

7 ‘‘(IV) for fiscal year 2019, 

8 $2,030,000,000 in additional new 

9 budget authority; 

10 ‘‘(V) for fiscal year 2020, 

11 $2,319,000,000 in additional new 

12 budget authority; and 

13 ‘‘(VI) for fiscal year 2021, 

14 $2,650,000,000 in additional new 

15 budget authority. 

16 ‘‘(iii) AVERAGE COST CALCULATION.— 

17 The average costs for wildfire suppression 

18 operations over the previous 10 years shall 

19 be calculated annually and reported in the 

20 budget of the President submitted under 

21 section 1105(a) of title 31, United States 

22 Code, for each fiscal year.’’. 

23 SEC. 502. REPORTING REQUIREMENTS. 

24 (a) SUPPLEMENTAL APPROPRIATIONS.—If the Sec25 retary of the Interior or the Secretary of Agriculture deVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 termines that supplemental appropriations are necessary 

2 for a fiscal year for wildfire suppression operations, a re3 quest for the supplemental appropriations shall promptly 

4 be submitted to Congress. 

5 (b) NOTICE OF NEED FOR ADDITIONAL FUNDS.— 

6 Prior to the obligation of any of the additional new budget 

7 authority for wildfire suppression operations specified for 

8 purposes of section 251(b)(2)(E)(ii) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985 (2 

10 U.S.C. 901(b)(2)(E)(ii)), the Secretary of the Interior or 

11 the Secretary of Agriculture, as applicable, shall submit 

12 to the Committees on Appropriations and the Budget of 

13 the House of Representatives and the Committees on Ap14 propriations and the Budget of the Senate written notifi15 cation that describes— 

16 (1) that the amount for wildfire suppression op17 erations to meet the terms of section 251(b)(2)(E) 

18 of that Act for that fiscal year will be exhausted im19 minently; and 

20 (2) the need for additional new budget author21 ity for wildfire suppression operations. 

22 (c) ACCOUNTING, REPORTS AND ACCOUNTABILITY.— 

23 (1) ACCOUNTING AND REPORTING REQUIRE24 MENTS.—For each fiscal year, the Secretary of the 

25 Interior and the Secretary of Agriculture shall acVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 count for and report on the amounts used from the 

2 additional new budget authority for wildfire suppres3 sion operations provided to the Secretary of the In4 terior or Secretary of Agriculture, as applicable, in 

5 an appropriations Act pursuant to section 

6 251(b)(2)(E)(ii) of the Balanced Budget and Emer7 gency Deficit Control Act of 1985 (2 U.S.C. 

8 901(b)(2)(E)(ii)). 

9 (2) ANNUAL REPORT.— 

10 (A) IN GENERAL.—Not later than 180 

11 days after the end of the fiscal year for which 

12 additional new budget authority is used, pursu13 ant to section 251(b)(2)(E)(ii) of the Balanced 

14 Budget and Emergency Deficit Control Act of 

15 1985 (2 U.S.C. 901(b)(2)(E)(ii)), the Secretary 

16 of the Interior or the Secretary of Agriculture, 

17 as applicable, shall— 

18 (i) prepare an annual report with re19 spect to the additional new budget author20 ity; 

21 (ii) submit to the Committees on Ap22 propriations, the Budget, and Natural Re23 sources of the House of Representatives 

24 and the Committees on Appropriations, the 

25 Budget, and Energy and Natural ReVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 sources of the Senate the annual report 

2 prepared under clause (i); and 

3 (iii) make the report prepared under 

4 clause (i) available to the public. 

5 (B) COMPONENTS.—The annual report 

6 prepared under subparagraph (A) shall— 

7 (i) document risk-based factors that 

8 influenced management decisions with re9 spect to wildfire suppression operations; 

10 (ii) analyze a statistically significant 

11 sample of large fires, including an analysis 

12 for each fire of— 

13 (I) cost drivers; 

14 (II) the effectiveness of risk man15 agement techniques and whether fire 

16 operations strategy tracked the risk 

17 assessment; 

18 (III) any resulting ecological or 

19 other benefits to the landscape; 

20 (IV) the impact of investments in 

21 wildfire suppression operations pre22 paredness; 

23 (V) effectiveness of wildfire sup24 pression operations, including an analVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ysis of resources lost versus dollars in2 vested; 

3 (VI) effectiveness of any fuel 

4 treatments on fire behavior and sup5 pression expenditures; 

6 (VII) suggested corrective ac7 tions; and 

8 (VIII) any other factors the Sec9 retary of the Interior or Secretary of 

10 Agriculture determines to be appro11 priate; 

12 (iii) include an accounting of overall 

13 fire management and spending by the De14 partment of the Interior or the Depart15 ment of Agriculture, which shall be ana16 lyzed by fire size, cost, regional location, 

17 and other factors; 

18 (iv) describe any lessons learned in 

19 the conduct of wildfire suppression oper20 ations; and 

21 (v) include any other elements that 

22 the Secretary of the Interior or the Sec23 retary of Agriculture determines to be nec24 essary. 


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1 This division may be cited as the ‘‘Department of the 

2 Interior, Environment, and Related Agencies Appropria3 tions Act, 2016’’. 

4 DIVISION C—DEPARTMENTS OF LABOR, 

5 HEALTH AND HUMAN SERVICES, AND 

6 EDUCATION, AND RELATED AGENCIES 

7 APPROPRIATIONS ACT, 2016 

8 TITLE I 

9 DEPARTMENT OF LABOR 

10 EMPLOYMENT AND TRAINING ADMINISTRATION

11 TRAINING AND EMPLOYMENT SERVICES

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses of the Workforce Innovation 

14 and Opportunity Act (referred to in this Act as ‘‘WIOA’’), 

15 and the Second Chance Act of 2007, $2,936,244,000, plus 

16 reimbursements, shall be available. Of the amounts pro17 vided: 

18 (1) for grants to States for adult employment 

19 and training activities, youth activities, and dis20 located worker employment and training activities, 

21 $2,492,000,000 as follows: 

22 (A) $737,000,000 for adult employment 

23 and training activities, of which $25,000,000 

24 shall be available for the period July 1, 2016, 

25 through June 30, 2017, and of which 


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1 $712,000,000 shall be available for the period 

2 October 1, 2016, through June 30, 2017; 

3 (B) $790,000,000 for youth activities, 

4 which shall be available for the period April 1, 

5 2016, through June 30, 2017; and 

6 (C) $965,000,000 for dislocated worker 

7 employment and training activities, of which 

8 $105,000,000 shall be available for the period 

9 July 1, 2016, through June 30, 2017, and of 

10 which $860,000,000 shall be available for the 

11 period October 1, 2016, through June 30, 

12 2017: 

13 Provided, That pursuant to section 128(a)(1) of the 

14 WIOA, the amount available to the Governor for statewide 

15 workforce investment activities shall not exceed 15 percent 

16 of the amount allotted to the State from each of the appro17 priations under the preceding subparagraphs; and 

18 (2) for national programs, $444,244,000 as fol19 lows: 

20 (A) $200,000,000 for the dislocated work21 ers assistance national reserve, which shall be 

22 available for the period October 1, 2016 

23 through September 30, 2017: Provided, That 

24 funds provided to carry out section 

25 132(a)(2)(A) of the WIOA may be used to proVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 vide assistance to a State for statewide or local 

2 use in order to address cases where there have 

3 been worker dislocations across multiple sectors 

4 or across multiple local areas and such workers 

5 remain dislocated; coordinate the State work6 force development plan with emerging economic 

7 development needs; and train such eligible dis8 located workers: Provided further, That funds 

9 provided to carry out sections 168(b) and 

10 169(c) of the WIOA may be used for technical 

11 assistance and demonstration projects, respec12 tively, that provide assistance to new entrants 

13 in the workforce and incumbent workers: Pro14 vided further, That notwithstanding section 

15 168(b) of the WIOA, of the funds provided 

16 under this subparagraph, the Secretary of 

17 Labor (referred to in this title as ‘‘Secretary’’) 

18 may reserve not more than 10 percent of such 

19 funds to provide technical assistance and carry 

20 out additional activities related to the transition 

21 to the WIOA: Provided further, That, of the 

22 funds provided under this subparagraph, 

23 $19,000,000 shall be made available for appli24 cations submitted in accordance with section 

25 170 of the WIOA for training and employment 


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1 assistance for workers dislocated from coal 

2 mines and coal-fired power plants; 

3 (B) $40,500,000 for Native American pro4 grams under section 166 of the WIOA, which 

5 shall be available for the period July 1, 2016, 

6 through June 30, 2017; 

7 (C) $23,750,000, which shall be available 

8 for the period October 1, 2015, through Sep9 tember 30, 2016, for necessary expenses for the 

10 Office of Disability Employment Policy to de11 velop policy and initiatives furthering the objec12 tive of eliminating barriers to the training and 

13 employment of people with disabilities, includ14 ing funds for competitive grants: Provided, 

15 That, not later than 180 days after the date of 

16 enactment of this Act, the Office of Disability 

17 Employment Policy in the Department of Labor 

18 shall be placed in the Employment and Train19 ing Administration, and the functions and du20 ties previously assigned to the Assistant Sec21 retary for Disability Employment Policy shall 

22 hereafter be assigned to the Assistant Secretary 

23 for Employment and Training. 

24 (D) $73,000,000 for migrant and seasonal 

25 farmworker programs under section 167 of the 


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1 WIOA, including $67,306,000 for formula 

2 grants (of which not less than 70 percent shall 

3 be for employment and training services), 

4 $5,200,000 for migrant and seasonal housing 

5 (of which not less than 70 percent shall be for 

6 permanent housing), and $494,000 for other 

7 discretionary purposes, which shall be available 

8 for the period July 1, 2016, through June 30, 

9 2017: Provided, That notwithstanding any 

10 other provision of law or related regulation, the 

11 Department of Labor shall take no action lim12 iting the number or proportion of eligible par13 ticipants receiving related assistance services or 

14 discouraging grantees from providing such serv15 ices; 

16 (E) $79,689,000 for YouthBuild activities 

17 as described in section 171 of the WIOA, which 

18 shall be available for the period April 1, 2016, 

19 through June 30, 2017; 

20 (F) $1,000,000 for technical assistance ac21 tivities under section 168 of the WIOA, which 

22 shall be available for the period July 1, 2016 

23 through June 30, 2017; 

24 (G) $22,305,000 for ex-offender activities, 

25 under the authority of section 169 of the WIOA 


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1 and section 212 of the Second Chance Act of 

2 2007, which shall be available for the period 

3 April 1, 2016, through June 30, 2017: Pro4 vided, That such funds shall be for competitive 

5 grants to national and regional intermediaries 

6 for activities that prepare adult and young ex7 offenders and school dropouts for employment, 

8 with a priority for projects serving high crime, 

9 high-poverty areas and communities that have 

10 recently experienced significant unrest; 

11 (H) $4,000,000 for the Workforce Data 

12 Quality Initiative, under the authority of section 

13 169 of the WIOA, which shall be available for 

14 the period July 1, 2016 through June 30, 

15 2017. 

16 JOB CORPS

17 (INCLUDING TRANSFER OF FUNDS)

18 To carry out subtitle C of title I of the WIOA, includ19 ing Federal administrative expenses, the purchase and 

20 hire of passenger motor vehicles, the construction, alter21 ation, and repairs of buildings and other facilities, and the 

22 purchase of real property for training centers as author23 ized by the WIOA, $1,683,155,000, plus reimbursements, 

24 as follows: 


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1 (1) $1,578,008,000 for Job Corps Operations, 

2 which shall be available for the period July 1, 2016, 

3 through June 30, 2017; 

4 (2) $74,000,000 for construction, rehabilitation 

5 and acquisition of Job Corps Centers, which shall be 

6 available for the period July 1, 2016, through June 

7 30, 2019, and which may include the acquisition, 

8 maintenance, and repair of major items of equip9 ment: Provided, That the Secretary may transfer up 

10 to 15 percent of such funds to meet the operational 

11 needs of such centers or to achieve administrative ef12 ficiencies: Provided further, That any funds trans13 ferred pursuant to the preceding proviso shall not be 

14 available for obligation after June 30, 2017: Pro15 vided further, That the Committees on Appropria16 tions of the House of Representatives and the Sen17 ate are notified at least 15 days in advance of any 

18 transfer; and 

19 (3) $31,147,000 for necessary expenses of Job 

20 Corps, which shall be available for obligation for the 

21 period October 1, 2015 through September 30, 

22 2016: 

23 Provided, That no funds from any other appropriation 

24 shall be used to provide meal services at or for Job Corps 

25 centers. 


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1 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

2 AMERICANS

3 To carry out title V of the Older Americans Act of 

4 1965 (referred to in this Act as ‘‘OAA’’), $400,000,000, 

5 which shall be available for the period July 1, 2016 

6 through June 30, 2017, and may be recaptured and reobli7 gated in accordance with section 517(c) of the OAA. 

8 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

9 For payments during fiscal year 2016 of trade ad10 justment benefit payments and allowances under part I 

11 of subchapter B of chapter 2 of title II of the Trade Act 

12 of 1974, and section 246 of that Act; and for training, 

13 employment and case management services, allowances for 

14 job search and relocation, and related State administrative 

15 expenses under part II of subchapter B of chapter 2 of 

16 title II of the Trade Act of 1974, and including benefit 

17 payments, allowances, training, employment and case 

18 management services, and related State administration 

19 provided pursuant to section 231(a) and section 233(b) 

20 of the Trade Adjustment Assistance Extension Act of 

21 2011, $664,200,000, together with such amounts as may 

22 be necessary to be charged to the subsequent appropria23 tion for payments for any period subsequent to September 

24 15, 2016. 


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1 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

2 SERVICE OPERATIONS

3 For authorized administrative expenses, 

4 $86,428,000, together with not to exceed $3,413,133,000 

5 which may be expended from the Employment Security 

6 Administration Account in the Unemployment Trust Fund 

7 (‘‘the Trust Fund’’), of which: 

8 (1) $2,705,550,000 from the Trust Fund is for 

9 grants to States for the administration of State un10 employment insurance laws as authorized under title 

11 III of the Social Security Act (including not less 

12 than $80,000,000 to conduct in-person reemploy13 ment and eligibility assessments and unemployment 

14 insurance improper payment reviews, and to provide 

15 reemployment services and referrals to training as 

16 appropriate, and $3,000,000 for continued support 

17 of the Unemployment Insurance Integrity Center of 

18 Excellence), the administration of unemployment in19 surance for Federal employees and for ex-service 

20 members as authorized under 5 U.S.C. 8501–8523, 

21 and the administration of trade readjustment allow22 ances, reemployment trade adjustment assistance, 

23 and alternative trade adjustment assistance under 

24 the Trade Act of 1974 and under sections 231(a) 

25 and 233(b) of the Trade Adjustment Assistance ExVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 tension Act of 2011, and shall be available for obli2 gation by the States through December 31, 2016, 

3 except that funds used for automation acquisitions 

4 shall be available for Federal obligation through De5 cember 31, 2016, and for State obligation through 

6 September 30, 2018, or, if the automation acquisi7 tion is being carried out through consortia of States, 

8 for State obligation through September 30, 2021, 

9 and for expenditure through September 30, 2022, 

10 and funds for competitive grants awarded to States 

11 for improved operations and to conduct in-person as12 sessments and reviews and provide reemployment 

13 services and referrals shall be available for Federal 

14 obligation through December 31, 2016, and for obli15 gation by the States through September 30, 2018, 

16 and funds used for unemployment insurance work17 loads experienced by the States through September 

18 30, 2016, shall be available for Federal obligation 

19 through December 31, 2016; 

20 (2) $12,892,000 from the Trust Fund is for na21 tional activities necessary to support the administra22 tion of the Federal-State unemployment insurance 

23 system; 

24 (3) $614,000,000 from the Trust Fund, to25 gether with $20,775,000 from the General Fund of 


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1 the Treasury, is for grants to States in accordance 

2 with section 6 of the Wagner-Peyser Act, and shall 

3 be available for Federal obligation for the period 

4 July 1, 2016 through June 30, 2017; 

5 (4) $19,000,000 from the Trust Fund is for na6 tional activities of the Employment Service, includ7 ing administration of the work opportunity tax cred8 it under section 51 of the Internal Revenue Code of 

9 1986, and the provision of technical assistance and 

10 staff training under the Wagner-Peyser Act; 

11 (5) $61,691,000 from the Trust Fund is for the 

12 administration of foreign labor certifications and re13 lated activities under the Immigration and Nation14 ality Act and related laws, of which $47,691,000 

15 shall be available for the Federal administration of 

16 such activities, and $14,000,000 shall be available 

17 for grants to States for the administration of such 

18 activities; and 

19 (6) $65,653,000 from the General Fund is to 

20 provide workforce information, national electronic 

21 tools, and one-stop system building under the Wag22 ner-Peyser Act, including $7,500,000 for grants re23 lating to occupational licensing, and shall be avail24 able for Federal obligation for the period July 1, 

25 2016 through June 30, 2017: 


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1 Provided, That to the extent that the Average Weekly In2 sured Unemployment (‘‘AWIU’’) for fiscal year 2016 is 

3 projected by the Department of Labor to exceed 

4 2,957,000, an additional $28,600,000 from the Trust 

5 Fund shall be available for obligation for every 100,000 

6 increase in the AWIU level (including a pro rata amount 

7 for any increment less than 100,000) to carry out title 

8 III of the Social Security Act: Provided further, That 

9 funds appropriated in this Act that are allotted to a State 

10 to carry out activities under title III of the Social Security 

11 Act may be used by such State to assist other States in 

12 carrying out activities under such title III if the other 

13 States include areas that have suffered a major disaster 

14 declared by the President under the Robert T. Stafford 

15 Disaster Relief and Emergency Assistance Act: Provided 

16 further, That the Secretary may use funds appropriated 

17 for grants to States under title III of the Social Security 

18 Act to make payments on behalf of States for the use of 

19 the National Directory of New Hires under section 

20 453(j)(8) of such Act: Provided further, That the Sec21 retary may use funds appropriated for grants to States 

22 under title III of the Social Security Act to make pay23 ments on behalf of States to the entity operating the State 

24 Information Data Exchange System: Provided further, 

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1 tablish a national one-stop career center system, or which 

2 are used to support the national activities of the Federal3 State unemployment insurance, employment service, or 

4 immigration programs, may be obligated in contracts, 

5 grants, or agreements with States and non-State entities: 

6 Provided further, That States awarded competitive grants 

7 for improved operations under title III of the Social Secu8 rity Act, or awarded grants to support the national activi9 ties of the Federal-State unemployment insurance system, 

10 may award subgrants to other States under such grants, 

11 subject to the conditions applicable to the grants: Provided 

12 further, That funds appropriated under this Act for activi13 ties authorized under title III of the Social Security Act 

14 and the Wagner-Peyser Act may be used by States to fund 

15 integrated Unemployment Insurance and Employment 

16 Service automation efforts, notwithstanding cost allocation 

17 principles prescribed under the Office of Management and 

18 Budget Circular A–87: Provided further, That the Sec19 retary, at the request of a State participating in a consor20 tium with other States, may reallot funds allotted to such 

21 State under title III of the Social Security Act to other 

22 States participating in the consortium in order to carry 

23 out activities that benefit the administration of the unem24 ployment compensation law of the State making the re25 quest: Provided further, That the Secretary may collect 


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1 fees for the costs associated with additional data collec2 tion, analyses, and reporting services relating to the Na3 tional Agricultural Workers Survey requested by State 

4 and local governments, public and private institutions of 

5 higher education, and nonprofit organizations and may 

6 utilize such sums, in accordance with the provisions of 29 

7 U.S.C. 9a, for the National Agricultural Workers Survey 

8 infrastructure, methodology, and data to meet the infor9 mation collection and reporting needs of such entities, 

10 which shall be credited to this appropriation and shall re11 main available until September 30, 2017, for such pur12 poses. 

13 In addition, $20,000,000 from the Employment Se14 curity Administration Account of the Unemployment 

15 Trust Fund shall be available for in-person reemployment 

16 and eligibility assessments and unemployment insurance 

17 improper payment reviews and to provide reemployment 

18 services and referrals to training as appropriate, which 

19 shall be available for Federal obligations through Decem20 ber 31, 2016, and for State obligation through September 

21 30, 2018. 

22 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

23 OTHER FUNDS

24 For repayable advances to the Unemployment Trust 

25 Fund as authorized by sections 905(d) and 1203 of the 


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1 Social Security Act, and to the Black Lung Disability 

2 Trust Fund as authorized by section 9501(c)(1) of the In3 ternal Revenue Code of 1986; and for nonrepayable ad4 vances to the revolving fund established by section 901(e) 

5 of the Social Security Act, to the Unemployment Trust 

6 Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal 

7 Unemployment Benefits and Allowances’’ account, such 

8 sums as may be necessary, which shall be available for 

9 obligation through September 30, 2017. 

10 PROGRAM ADMINISTRATION

11 For expenses of administering employment and train12 ing programs, $97,733,000, together with not to exceed 

13 $46,284,000 which may be expended from the Employ14 ment Security Administration Account in the Unemploy15 ment Trust Fund. 

16 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses for the Employee Benefits 

19 Security Administration, $168,930,000. 

20 PENSION BENEFIT GUARANTY CORPORATION

21 PENSION BENEFIT GUARANTY CORPORATION FUND

22 The Pension Benefit Guaranty Corporation (‘‘Cor23 poration’’) is authorized to make such expenditures, in24 cluding financial assistance authorized by subtitle E of 

25 title IV of the Employee Retirement Income Security Act 


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1 of 1974, within limits of funds and borrowing authority 

2 available to the Corporation, and in accord with law, and 

3 to make such contracts and commitments without regard 

4 to fiscal year limitations, as provided by 31 U.S.C. 9104, 

5 as may be necessary in carrying out the program, includ6 ing associated administrative expenses, through Sep7 tember 30, 2016, for the Corporation: Provided, That 

8 none of the funds available to the Corporation for fiscal 

9 year 2016 shall be available for obligations for administra10 tive expenses in excess of $431,799,000: Provided further, 

11 That to the extent that the number of new plan partici12 pants in plans terminated by the Corporation exceeds 

13 100,000 in fiscal year 2016, an amount not to exceed an 

14 additional $9,200,000 shall be available through Sep15 tember 30, 2017, for obligation for administrative ex16 penses for every 20,000 additional terminated partici17 pants: Provided further, That obligations in excess of the 

18 amounts provided in this paragraph may be incurred for 

19 unforeseen and extraordinary pretermination expenses or 

20 extraordinary multiemployer program related expenses 

21 after approval by the Office of Management and Budget 

22 and notification of the Committees on Appropriations of 

23 the House of Representatives and the Senate. 


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1 WAGE AND HOUR DIVISION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Wage and Hour Divi4 sion, including reimbursement to State, Federal, and local 

5 agencies and their employees for inspection services ren6 dered, $210,000,000. 

7 OFFICE OF LABOR-MANAGEMENT STANDARDS

8 SALARIES AND EXPENSES

9 For necessary expenses for the Office of Labor-Man10 agement Standards, $36,000,000. 

11 OFFICE OF FEDERAL CONTRACT COMPLIANCE

12 PROGRAMS

13 SALARIES AND EXPENSES

14 For necessary expenses for the Office of Federal Con15 tract Compliance Programs, $96,000,000. 

16 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

17 SALARIES AND EXPENSES

18 For necessary expenses for the Office of Workers’ 

19 Compensation Programs, $107,500,000, together with 

20 $2,177,000 which may be expended from the Special Fund 

21 in accordance with sections 39(c), 44(d), and 44(j) of the 

22 Longshore and Harbor Workers’ Compensation Act. 


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1 SPECIAL BENEFITS

2 (INCLUDING TRANSFER OF FUNDS)

3 For the payment of compensation, benefits, and ex4 penses (except administrative expenses) accruing during 

5 the current or any prior fiscal year authorized by 5 U.S.C. 

6 81; continuation of benefits as provided for under the 

7 heading ‘‘Civilian War Benefits’’ in the Federal Security 

8 Agency Appropriation Act, 1947; the Employees’ Com9 pensation Commission Appropriation Act, 1944; section 

10 5(f) of the War Claims Act (50 U.S.C. App. 2004); obliga11 tions incurred under the War Hazards Compensation Act 

12 (42 U.S.C. 1701 et seq.); and 50 percent of the additional 

13 compensation and benefits required by section 10(h) of the 

14 Longshore and Harbor Workers’ Compensation Act, 

15 $210,000,000, together with such amounts as may be nec16 essary to be charged to the subsequent year appropriation 

17 for the payment of compensation and other benefits for 

18 any period subsequent to August 15 of the current year, 

19 for deposit into and to assume the attributes of the Em20 ployees’ Compensation Fund established under 5 U.S.C. 

21 8147(a): Provided, That amounts appropriated may be 

22 used under 5 U.S.C. 8104 by the Secretary to reimburse 

23 an employer, who is not the employer at the time of injury, 

24 for portions of the salary of a re-employed, disabled bene25 ficiary: Provided further, That balances of reimbursements 


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1 unobligated on September 30, 2015, shall remain available 

2 until expended for the payment of compensation, benefits, 

3 and expenses: Provided further, That in addition there 

4 shall be transferred to this appropriation from the Postal 

5 Service and from any other corporation or instrumentality 

6 required under 5 U.S.C. 8147(c) to pay an amount for 

7 its fair share of the cost of administration, such sums as 

8 the Secretary determines to be the cost of administration 

9 for employees of such fair share entities through Sep10 tember 30, 2016: Provided further, That of those funds 

11 transferred to this account from the fair share entities to 

12 pay the cost of administration of the Federal Employees’ 

13 Compensation Act, $62,170,000 shall be made available 

14 to the Secretary as follows— 

15 (1) for enhancement and maintenance of auto16 mated data processing systems operations and tele17 communications systems, $21,140,000; 

18 (2) for automated workload processing oper19 ations, including document imaging, centralized mail 

20 intake, and medical bill processing, $22,968,000; 

21 (3) for periodic roll disability management and 

22 medical review, $16,668,000; 

23 (4) for program integrity, $1,394,000; and 

24 (5) the remaining funds shall be paid into the 

25 Treasury as miscellaneous receipts: 


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1 Provided further, That the Secretary may require that any 

2 person filing a notice of injury or a claim for benefits 

3 under 5 U.S.C. 81, or the Longshore and Harbor Work4 ers’ Compensation Act, provide as part of such notice and 

5 claim, such identifying information (including Social Secu6 rity account number) as such regulations may prescribe. 

7 SPECIAL BENEFITS FOR DISABLED COAL MINERS

8 For carrying out title IV of the Federal Mine Safety 

9 and Health Act of 1977, as amended by Public Law 107– 

10 275, $69,302,000, to remain available until expended. 

11 For making after July 31 of the current fiscal year, 

12 benefit payments to individuals under title IV of such Act, 

13 for costs incurred in the current fiscal year, such amounts 

14 as may be necessary. 

15 For making benefit payments under title IV for the 

16 first quarter of fiscal year 2017, $19,000,000, to remain 

17 available until expended. 

18 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

19 OCCUPATIONAL ILLNESS COMPENSATION FUND

20 For necessary expenses to administer the Energy 

21 Employees Occupational Illness Compensation Program 

22 Act, $58,552,000, to remain available until expended: Pro23 vided, That the Secretary may require that any person fil24 ing a claim for benefits under the Act provide as part of 


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1 such claim such identifying information (including Social 

2 Security account number) as may be prescribed. 

3 BLACK LUNG DISABILITY TRUST FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 Such sums as may be necessary from the Black Lung 

6 Disability Trust Fund (the ‘‘Fund’’), to remain available 

7 until expended, for payment of all benefits authorized by 

8 section 9501(d)(1), (2), (6), and (7) of the Internal Rev9 enue Code of 1986; and repayment of, and payment of 

10 interest on advances, as authorized by section 9501(d)(4) 

11 of that Act. In addition, the following amounts may be 

12 expended from the Fund for fiscal year 2016 for expenses 

13 of operation and administration of the Black Lung Bene14 fits program, as authorized by section 9501(d)(5): not to 

15 exceed $35,244,000 for transfer to the Office of Workers’ 

16 Compensation Programs, ‘‘Salaries and Expenses’’; not to 

17 exceed $30,279,000 for transfer to Departmental Manage18 ment, ‘‘Salaries and Expenses’’; not to exceed $327,000 

19 for transfer to Departmental Management, ‘‘Office of In20 spector General’’; and not to exceed $356,000 for pay21 ments into miscellaneous receipts for the expenses of the 

22 Department of the Treasury. 


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1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Occupational Safety 

4 and Health Administration, $524,476,000, including not 

5 to exceed $98,746,000 which shall be the maximum 

6 amount available for grants to States under section 23(g) 

7 of the Occupational Safety and Health Act (the ‘‘Act’’), 

8 which grants shall be no less than 50 percent of the costs 

9 of State occupational safety and health programs required 

10 to be incurred under plans approved by the Secretary 

11 under section 18 of the Act; and, in addition, notwith12 standing 31 U.S.C. 3302, the Occupational Safety and 

13 Health Administration may retain up to $499,000 per fis14 cal year of training institute course tuition and fees, other15 wise authorized by law to be collected, and may utilize 

16 such sums for occupational safety and health training and 

17 education: Provided, That notwithstanding 31 U.S.C. 

18 3302, the Secretary is authorized, during the fiscal year 

19 ending September 30, 2016, to collect and retain fees for 

20 services provided to Nationally Recognized Testing Lab21 oratories, and may utilize such sums, in accordance with 

22 the provisions of 29 U.S.C. 9a, to administer national and 

23 international laboratory recognition programs that ensure 

24 the safety of equipment and products used by workers in 

25 the workplace: Provided further, That none of the funds 


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1 appropriated under this paragraph shall be obligated or 

2 expended to prescribe, issue, administer, or enforce any 

3 standard, rule, regulation, or order under the Act which 

4 is applicable to any person who is engaged in a farming 

5 operation which does not maintain a temporary labor 

6 camp and employs 10 or fewer employees: Provided fur7 ther, That no funds appropriated under this paragraph 

8 shall be obligated or expended to administer or enforce 

9 any standard, rule, regulation, or order under the Act with 

10 respect to any employer of 10 or fewer employees who is 

11 included within a category having a Days Away, Re12 stricted, or Transferred (‘‘DART’’) occupational injury 

13 and illness rate, at the most precise industrial classifica14 tion code for which such data are published, less than the 

15 national average rate as such rates are most recently pub16 lished by the Secretary, acting through the Bureau of 

17 Labor Statistics, in accordance with section 24 of the Act, 

18 except— 

19 (1) to provide, as authorized by the Act, con20 sultation, technical assistance, educational and train21 ing services, and to conduct surveys and studies; 

22 (2) to conduct an inspection or investigation in 

23 response to an employee complaint, to issue a cita24 tion for violations found during such inspection, and 

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1 rected within a reasonable abatement period and for 

2 any willful violations found; 

3 (3) to take any action authorized by the Act 

4 with respect to imminent dangers; 

5 (4) to take any action authorized by the Act 

6 with respect to health hazards; 

7 (5) to take any action authorized by the Act 

8 with respect to a report of an employment accident 

9 which is fatal to one or more employees or which re10 sults in hospitalization of two or more employees, 

11 and to take any action pursuant to such investiga12 tion authorized by the Act; and 

13 (6) to take any action authorized by the Act 

14 with respect to complaints of discrimination against 

15 employees for exercising rights under the Act: 

16 Provided further, That the foregoing proviso shall not 

17 apply to any person who is engaged in a farming operation 

18 which does not maintain a temporary labor camp and em19 ploys 10 or fewer employees: Provided further, That 

20 $10,149,000 shall be available for Susan Harwood train21 ing grants: Provided further, That not less than 

22 $3,500,000 shall be available for Voluntary Protection 

23 Programs. 


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1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Mine Safety and 

4 Health Administration, $356,878,000, including purchase 

5 and bestowal of certificates and trophies in connection 

6 with mine rescue and first-aid work, and the hire of pas7 senger motor vehicles, including up to $2,000,000 for 

8 mine rescue and recovery activities and not less than 

9 $8,229,975 for state assistance grants: Provided, That 

10 notwithstanding 31 U.S.C. 3302, not to exceed $750,000 

11 may be collected by the National Mine Health and Safety 

12 Academy for room, board, tuition, and the sale of training 

13 materials, otherwise authorized by law to be collected, to 

14 be available for mine safety and health education and 

15 training activities: Provided further, That notwithstanding 

16 31 U.S.C. 3302, the Mine Safety and Health Administra17 tion is authorized to collect and retain up to $2,499,000 

18 from fees collected for the approval and certification of 

19 equipment, materials, and explosives for use in mines, and 

20 may utilize such sums for such activities: Provided further, 

21 That the Secretary is authorized to accept lands, build22 ings, equipment, and other contributions from public and 

23 private sources and to prosecute projects in cooperation 

24 with other agencies, Federal, State, or private: Provided 

25 further, That the Mine Safety and Health Administration 


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1 is authorized to promote health and safety education and 

2 training in the mining community through cooperative 

3 programs with States, industry, and safety associations: 

4 Provided further, That the Secretary is authorized to rec5 ognize the Joseph A. Holmes Safety Association as a prin6 cipal safety association and, notwithstanding any other 

7 provision of law, may provide funds and, with or without 

8 reimbursement, personnel, including service of Mine Safe9 ty and Health Administration officials as officers in local 

10 chapters or in the national organization: Provided further, 

11 That any funds available to the Department of Labor may 

12 be used, with the approval of the Secretary, to provide 

13 for the costs of mine rescue and survival operations in the 

14 event of a major disaster. 

15 BUREAU OF LABOR STATISTICS

16 SALARIES AND EXPENSES

17 For necessary expenses for the Bureau of Labor Sta18 tistics, including advances or reimbursements to State, 

19 Federal, and local agencies and their employees for serv20 ices rendered, $515,494,000, together with not to exceed 

21 $63,700,000 which may be expended from the Employ22 ment Security Administration account in the Unemploy23 ment Trust Fund. 


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1 DEPARTMENTAL MANAGEMENT

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for Departmental Manage5 ment, including the hire of three passenger motor vehicles, 

6 $258,727,000, together with not to exceed $293,000, 

7 which may be expended from the Employment Security 

8 Administration account in the Unemployment Trust 

9 Fund: Provided, That funds available to the Bureau of 

10 International Labor Affairs may be used to administer or 

11 operate international labor activities, bilateral and multi12 lateral technical assistance, and microfinance programs, 

13 by or through contracts, grants, subgrants and other ar14 rangements: Provided further, That $7,236,000 shall be 

15 used for program evaluation and shall be available for obli16 gation through September 30, 2017: Provided further, 

17 That funds available for program evaluation may be trans18 ferred to any other appropriate account in the Department 

19 for such purpose: Provided further, That the Committees 

20 on Appropriations of the House of Representatives and the 

21 Senate are notified at least 15 days in advance of any 

22 transfer: Provided further, That the funds available to the 

23 Women’s Bureau may be used for grants to serve and pro24 mote the interests of women in the workforce. 


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1 VETERANS EMPLOYMENT AND TRAINING

2 Not to exceed $231,872,000 may be derived from the 

3 Employment Security Administration account in the Un4 employment Trust Fund to carry out the provisions of 

5 chapters 41, 42, and 43 of title 38, United States Code, 

6 of which: 

7 (1) $175,000,000 is for Jobs for Veterans State 

8 grants under 38 U.S.C. 4102A(b)(5) to support dis9 abled veterans’ outreach program specialists under 

10 section 4103A of such title and local veterans’ em11 ployment representatives under section 4104(b) of 

12 such title, and for the expenses described in section 

13 4102A(b)(5)(C), which shall be available for obliga14 tion by the States through December 31, 2016, and 

15 not to exceed 3 percent for the necessary Federal ex16 penditures for data systems and contract support to 

17 allow for the tracking of participant and perform18 ance information: Provided, That, in addition, such 

19 funds may be used to support such specialists and 

20 representatives in the provision of services to 

21 transitioning members of the Armed Forces who 

22 have participated in the Transition Assistance Pro23 gram and have been identified as in need of inten24 sive services, to members of the Armed Forces who 

25 are wounded, ill, or injured and receiving treatment 


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1 in military treatment facilities or warrior transition 

2 units, and to the spouses or other family caregivers 

3 of such wounded, ill, or injured members; 

4 (2) $14,000,000 is for carrying out the Transi5 tion Assistance Program under 38 U.S.C. 4113 and 

6 10 U.S.C. 1144; 

7 (3) $39,458,000 is for Federal administration 

8 of chapters 41, 42, and 43 of title 38, United States 

9 Code; and 

10 (4) $3,414,000 is for the National Veterans’ 

11 Employment and Training Services Institute under 

12 38 U.S.C. 4109: 

13 Provided, That the Secretary may reallocate among the 

14 appropriations provided under paragraphs (1) through (4) 

15 above an amount not to exceed 3 percent of the appropria16 tion from which such reallocation is made. 

17 In addition, from the General Fund of the Treasury, 

18 $38,109,000 is for carrying out programs to assist home19 less veterans and veterans at risk of homelessness who are 

20 transitioning from certain institutions under sections 

21 2021, 2021A, and 2023 of title 38, United States Code: 

22 Provided, That notwithstanding subsections (c)(3) and (d) 

23 of section 2023, the Secretary may award grants through 

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1 tion 2023 may include, in addition to services to the indi2 viduals described in subsection (e) of such section, services 

3 to veterans recently released from incarceration who are 

4 at risk of homelessness. 

5 IT MODERNIZATION

6 For necessary expenses for Department of Labor cen7 tralized infrastructure technology investment activities re8 lated to support systems and modernization, $12,898,000. 

9 OFFICE OF INSPECTOR GENERAL

10 For salaries and expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, $73,721,000, together with not to 

13 exceed $5,590,000 which may be expended from the Em14 ployment Security Administration account in the Unem15 ployment Trust Fund. 

16 GENERAL PROVISIONS

17 SEC. 101. None of the funds appropriated by this Act 

18 for the Job Corps shall be used to pay the salary and bo19 nuses of an individual, either as direct costs or any prora20 tion as an indirect cost, at a rate in excess of Executive 

21 Level II. 

22 (TRANSFER OF FUNDS)

23 SEC. 102. Not to exceed 1 percent of any discre24 tionary funds (pursuant to the Balanced Budget and 

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1 priated for the current fiscal year for the Department of 

2 Labor in this Act may be transferred between a program, 

3 project, or activity, but no such program, project, or activ4 ity shall be increased by more than 3 percent by any such 

5 transfer: Provided, That the transfer authority granted by 

6 this section shall not be used to create any new program 

7 or to fund any project or activity for which no funds are 

8 provided in this Act: Provided further, That the Commit9 tees on Appropriations of the House of Representatives 

10 and the Senate are notified at least 15 days in advance 

11 of any transfer. 

12 SEC. 103. In accordance with Executive Order 

13 13126, none of the funds appropriated or otherwise made 

14 available pursuant to this Act shall be obligated or ex15 pended for the procurement of goods mined, produced, 

16 manufactured, or harvested or services rendered, in whole 

17 or in part, by forced or indentured child labor in industries 

18 and host countries already identified by the United States 

19 Department of Labor prior to enactment of this Act. 

20 SEC. 104. Except as otherwise provided in this sec21 tion, none of the funds made available to the Department 

22 of Labor for grants under section 414(c) of the American 

23 Competitiveness and Workforce Improvement Act of 1998 

24 (29 U.S.C. 2916a) may be used for any purpose other 

25 than competitive grants for training individuals who are 


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1 older than 16 years of age and are not currently enrolled 

2 in school within a local educational agency in the occupa3 tions and industries for which employers are using H–1B 

4 visas to hire foreign workers, and the related activities 

5 necessary to support such training: Provided, That 

6 $13,000,000 of such funds shall be used in fiscal year 

7 2016 to process permanent foreign labor certifications 

8 under section 212(a)(5)(A) of the Immigration and Na9 tionality Act (8 U.S.C. 1182(a)(5)(A)): Provided further, 

10 That the funding limitation under this section shall not 

11 apply to funding provided pursuant to solicitations for 

12 grant applications issued before January 15, 2014. 

13 SEC. 105. None of the funds made available by this 

14 Act under the heading ‘‘Employment and Training Ad15 ministration’’ shall be used by a recipient or subrecipient 

16 of such funds to pay the salary and bonuses of an indi17 vidual, either as direct costs or indirect costs, at a rate 

18 in excess of Executive Level II. This limitation shall not 

19 apply to vendors providing goods and services as defined 

20 in Office of Management and Budget Circular A–133. 

21 Where States are recipients of such funds, States may es22 tablish a lower limit for salaries and bonuses of those re23 ceiving salaries and bonuses from subrecipients of such 

24 funds, taking into account factors including the relative 

25 cost-of-living in the State, the compensation levels for 


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1 comparable State or local government employees, and the 

2 size of the organizations that administer Federal pro3 grams involved including Employment and Training Ad4 ministration programs. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 106. Notwithstanding section 102, the Sec7 retary may transfer funds made available to the Employ8 ment and Training Administration by this Act, either di9 rectly or through a set-aside, for technical assistance serv10 ices to grantees to ‘‘Program Administration’’ when it is 

11 determined that those services will be more efficiently per12 formed by Federal employees: Provided, That this section 

13 shall not apply to section 171 of the WIOA. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 107. (a) The Secretary may reserve not more 

16 than 0.5 percent from each appropriation made available 

17 in this Act identified in subsection (b) in order to carry 

18 out evaluations of any of the programs or activities that 

19 are funded under such accounts. Any funds reserved under 

20 this section shall be transferred to ‘‘Departmental Man21 agement’’ for use by the Office of the Chief Evaluation 

22 Officer within the Department of Labor, and shall be 

23 available for obligation through September 30, 2017: Pro24 vided, That such funds shall only be available if the Chief 

25 Evaluation Officer of the Department of Labor submits 


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1 a plan to the Committees on Appropriations of the House 

2 of Representatives and the Senate describing the evalua3 tions to be carried out 15 days in advance of any transfer. 

4 (b) The accounts referred to in subsection (a) are: 

5 ‘‘Training and Employment Services’’, ‘‘Job Corps’’, 

6 ‘‘Community Service Employment for Older Americans’’, 

7 ‘‘State Unemployment Insurance and Employment Service 

8 Operations’’, ‘‘Employee Benefits Security Administra9 tion’’, ‘‘Office of Workers’ Compensation Programs’’, 

10 ‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract 

11 Compliance Programs’’, ‘‘Office of Labor Management 

12 Standards’’, ‘‘Occupational Safety and Health Adminis13 tration’’, ‘‘Mine Safety and Health Administration’’, fund14 ing made available to the ‘‘Bureau of International Af15 fairs’’ and ‘‘Women’s Bureau’’ within the ‘‘Departmental 

16 Management, Salaries and Expenses’’ account, and ‘‘Vet17 erans Employment and Training’’. 

18 SEC. 108. Section 7 of the Fair Labor Standards Act 

19 of 1938 (29 U.S.C. 207) is amended by adding the fol20 lowing text to such section: 

21 ‘‘(s)(1) The provisions of this section shall not apply 

22 for a period of 2 years after the occurrence of a major 

23 disaster, as defined herein, to any employee— 

24 ‘‘(A) employed to adjust or evaluate claims re25 sulting from or relating to such major disaster, by 


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1 an employer not engaged, directly or through an af2 filiate, in underwriting, selling, or marketing prop3 erty, casualty, or liability insurance policies or con4 tracts; 

5 ‘‘(B) who receives on average weekly compensa6 tion of not less than $591.00 per week or any min7 imum weekly amount established by the Secretary, 

8 whichever is greater, over the number of weeks such 

9 employee is engaged in any of the activities de10 scribed in subparagraph (C); and 

11 ‘‘(C) whose duties include any of the following: 

12 ‘‘(i) interviewing insured individuals, indi13 viduals who suffered injuries or other damages 

14 or losses arising from or relating to a disaster, 

15 witnesses, or physicians; 

16 ‘‘(ii) inspecting property damage or review17 ing factual information to prepare damage esti18 mates; 

19 ‘‘(iii) evaluating and making recommenda20 tions regarding coverage or compensability of 

21 claims or determining liability or value aspects 

22 of claims; 

23 ‘‘(iv) negotiating settlements; or 

24 ‘‘(v) making recommendations regarding 

25 litigation. 


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1 ‘‘(2) Notwithstanding any other provision of section 

2 18, in the event of a major disaster, this Act exclusively 

3 shall govern the payment of overtime to all employees de4 scribed in paragraph (1) above, and shall supersede any 

5 other Federal, State, or local law, regulation, or order. 

6 ‘‘(3) The exemption in this subsection shall not affect 

7 the exemption provided by section 13(a)(1). 

8 ‘‘(4) For purposes of this subsection— 

9 ‘‘(A) the term ‘major disaster’ means any dis10 aster or catastrophe declared or designated by any 

11 State or Federal agency or department; 

12 ‘‘(B) the term ‘employee employed to adjust or 

13 evaluate claims resulting from or relating to such 

14 major disaster’ means an individual who timely se15 cured or secures a license required by applicable law 

16 to engage in and perform any of the activities de17 scribed in clauses (i) through (v) of paragraph 

18 (1)(C) relating to a major disaster, and is employed 

19 by an employer that maintains worker compensation 

20 insurance coverage or protection for its employees, if 

21 required by applicable law, and withholds applicable 

22 Federal, State, and local income and payroll taxes 

23 from the wages, salaries and any benefits of such 

24 employees; and 


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1 ‘‘(C) the term ‘affiliate’ means a company that, 

2 by reason of ownership or control of percent or more 

3 of the outstanding shares of any class of voting se4 curities of one or more companies, directly or indi5 rectly, controls, is controlled by, or is under common 

6 control with, another company.’’. 

7 SEC. 109. Notwithstanding any other provision of 

8 law, beginning October 1, 2015, the Secretary of Labor, 

9 in consultation with the Secretary of Agriculture may se10 lect an entity to operate a Civilian Conservation Center 

11 on a competitive basis in accordance with section 147 of 

12 the WIOA, if the Secretary of Labor determines such Cen13 ter has had consistently low performance under the per14 formance accountability system in effect for the Job Corps 

15 program prior to July 1, 2016, or with respect to expected 

16 levels of performance established under section 159(c) of 

17 such Act beginning July 1, 2016. 

18 SEC. 110. None of the funds made available by this 

19 Act may be used to finalize, implement, administer, or en20 force the proposed Definition of the Term ‘‘Fiduciary’’; 

21 Conflict of Interest Rule—Retirement Investment Advice 

22 regulation published by the Department of Labor in the 

23 Federal Register on April 20, 2015 (80 Fed. Reg. 21928 

24 et seq.). 


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1 SEC. 111. The determination of prevailing wage for 

2 the purposes of the H–2B program shall be the greater 

3 of—(1) the actual wage level paid by the employer to other 

4 employees with similar experience and qualifications for 

5 such position in the same location; or (2) the prevailing 

6 wage level for the occupational classification of the posi7 tion in the geographic area in which the H–2B non8 immigrant will be employed, based on the best information 

9 available at the time of filing the petition. In the deter10 mination of prevailing wage for the purposes of the H– 

11 2B program, the Secretary shall accept private wage sur12 veys even in instances where Occupational Employment 

13 Statistics survey data are available unless the Secretary 

14 determines that the methodology and data in the provided 

15 survey are not statistically supported. 

16 SEC. 112. None of the funds in this Act shall be used 

17 to enforce the definition of corresponding employment 

18 found in 20 CFR 655.5 or the three-fourths guarantee 

19 rule definition found in 20 CFR 655.20, or any references 

20 thereto. Further, for the purpose of regulating admission 

21 of temporary workers under the H–2B program, the defi22 nition of temporary need shall be that provided in 8 CFR 

23 214.2(h)(6)(ii)(B). 

24 SEC. 113. None of the funds in this Act shall be used 

25 to implement 20 CFR 655.70 and 20 CFR 655.71. 


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1 SEC. 114. (a) FLEXIBILITY WITH RESPECT TO THE

2 CROSSING OF H–2B NONIMMIGRANTS WORKING IN THE

3 SEAFOOD INDUSTRY.— 

4 (1) IN GENERAL.—Subject to paragraph (2), if 

5 a petition for H–2B nonimmigrants filed by an em6 ployer in the seafood industry is granted, the em7 ployer may bring the nonimmigrants described in 

8 the petition into the United States at any time dur9 ing the 120-day period beginning on the start date 

10 for which the employer is seeking the services of the 

11 nonimmigrants without filing another petition. 

12 (2) REQUIREMENTS FOR CROSSINGS AFTER

13 90TH DAY.—An employer in the seafood industry 

14 may not bring H–2B nonimmigrants into the United 

15 States after the date that is 90 days after the start 

16 date for which the employer is seeking the services 

17 of the nonimmigrants unless the employer— 

18 (A) completes a new assessment of the 

19 local labor market by— 

20 (i) listing job orders in local news21 papers on 2 separate Sundays; and 

22 (ii) posting the job opportunity on the 

23 appropriate Department of Labor Elec24 tronic Job Registry and at the employer’s 

25 place of employment; and 


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1 (B) offers the job to an equally or better 

2 qualified United States worker who— 

3 (i) applies for the job; and 

4 (ii) will be available at the time and 

5 place of need. 

6 (3) EXEMPTION FROM RULES WITH RESPECT

7 TO STAGGERING.—The Secretary of Labor shall not 

8 consider an employer in the seafood industry who 

9 brings H–2B nonimmigrants into the United States 

10 during the 120-day period specified in paragraph (1) 

11 to be staggering the date of need in violation of sec12 tion 655.20(d) of title 20, Code of Federal Regula13 tions, or any other applicable provision of law. 

14 (b) H–2B NONIMMIGRANTS DEFINED.—In this sec15 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad16 mitted to the United States pursuant to section 

17 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 

18 Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 

19 SEC. 115. (a) Subject to the requirement under sub20 section (b), none of the funds appropriated or otherwise 

21 made available by this Act may be used to promulgate or 

22 implement any rule, standard, or policy amending part 

23 1910, 1915, or 1926 of title 29, Code of Federal Regula24 tions (as in effect on the day before the date of enactment 

25 of this Act), related to occupational exposure to respirable 


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1 crystalline silica, including the proposed rulemaking by the 

2 Occupational Safety and Health Administration of the De3 partment of Labor issued on September 12, 2013 (78 Fed. 

4 Reg. 56274), until— 

5 (1) a review is conducted after the date of en6 actment of this Act by a small business advocacy re7 view panel, pursuant to the Small Business Regu8 latory Enforcement Fairness Act of 1996 (5 U.S.C. 

9 601 note), and the panel delivers a report on the re10 view to the Assistant Secretary of Labor for Occupa11 tional Safety and Health; 

12 (2) the Secretary, acting through the Assistant 

13 Secretary of Labor for Occupational Safety and 

14 Health, commissions an independent study, to be 

15 conducted by the National Academy of Sciences, ex16 amining— 

17 (A) the epidemiological justification of the 

18 Occupational Safety and Health Administration 

19 for proposing to reduce the occupational expo20 sure limits to respirable crystalline silica, estab21 lished by such Administration and in effect on 

22 the day before the date of enactment of this 

23 Act, including consideration of the prevalence 

24 or lack of disease and mortality associated with 

25 such occupational exposure limits; 


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1 (B) the ability of sampling methods to col2 lect samples of respirable crystalline silica and 

3 laboratories to measure such samples (in a 

4 manner that meets the criteria for accuracy and 

5 precision contained in the most recent publica6 tion of the NIOSH Manual of Analytical Meth7 ods, published by the National Institute for Oc8 cupational Safety and Health) to determine oc9 cupational exposures to respirable crystalline 

10 silica that are less than or equal to the occupa11 tional exposure limits and action levels for res12 pirable crystalline silica proposed by the Occu13 pational Safety and Health Administration as 

14 of the day before the date of enactment of this 

15 Act; 

16 (C) the ability of regulated industries to 

17 comply with such occupational exposure limits 

18 or action levels; 

19 (D) the steady decline in silicosis related 

20 mortality rates based on data maintained by the 

21 Centers for Disease Control and Prevention; 

22 (E) the ability of various types of personal 

23 protective equipment to protect employees from 

24 occupational exposure to respirable crystalline 

25 silica; and 


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1 (F) the costs of the different types of such 

2 personal protective equipment as compared to 

3 the costs of engineering and work practice con4 trols related to such equipment; and 

5 (3) the Secretary, acting through such Assist6 ant Secretary, submits to the Committee on Appro7 priations, and the Committee on Health, Education, 

8 Labor, and Pensions, of the Senate, a report con9 taining the results of the independent study con10 ducted under paragraph (2). 

11 (b) Notwithstanding the funding limitation under 

12 subsection (a), from the funds appropriated to the Occu13 pational Safety and Health Administration for safety and 

14 health standards, $800,000 shall be made available to con15 duct the independent study under subsection (a)(2) and 

16 submit the report under subsection (a)(3), which report 

17 shall be submitted by not later than 1 year after the date 

18 of enactment of this Act. 

19 This title may be cited as the ‘‘Department of Labor 

20 Appropriations Act, 2016’’. 


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1 TITLE II 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 HEALTH RESOURCES AND SERVICES ADMINISTRATION

5 PRIMARY HEALTH CARE

6 For carrying out titles II and III of the Public Health 

7 Services Act (referred to in this Act as the ‘‘PHS Act’’) 

8 with respect to primary health care and the Native Hawai9 ian Health Care Act of 1988, $1,630,100,000 (in addition 

10 to the $3,600,000,000 previously appropriated to the 

11 Community Health Center Fund for fiscal year 2016): 

12 Provided, That $1,491,522,000 is appropriated from the 

13 general fund, and $138,478,000, to remain available until 

14 expended, is derived from available unobligated balances 

15 of amounts transferred from the Community Health Cen16 ter Fund in prior fiscal years: Provided further, That no 

17 part of the unobligated balances from amounts appro18 priated in 42 U.S.C. 254b–2(b)(1) for prior fiscal years 

19 shall be available to the Secretary of Health and Human 

20 Services for obligation in fiscal year 2016 except as pro21 vided for in this Act: Provided further, That no more than 

22 $100,000 shall be available until expended for carrying 

23 out the provisions of section 224(o) of the PHS Act: Pro24 vided further, That no more than $99,893,000 shall be 

25 available until expended for carrying out the provisions of 


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1 Public Law 104–73 and for expenses incurred by the De2 partment of Health and Human Services (referred to in 

3 this Act as ‘‘HHS’’) pertaining to administrative claims 

4 made under such law: Provided further, That of funds pro5 vided for the Health Centers program, as defined by sec6 tion 330 of the PHS Act, by this Act or any other Act 

7 for fiscal year 2016, not less than $50,000,000 shall be 

8 obligated in fiscal year 2016 to support new access points, 

9 grants to expand medical services, behavioral health, oral 

10 health, pharmacy, or vision services, and not less than 

11 $40,000,000 shall be obligated in fiscal year 2016 for con12 struction and capital improvement costs: Provided further, 

13 That the time limitation in section 330(e)(3) of the PHS 

14 Act shall not apply in fiscal year 2016. 

15 HEALTH WORKFORCE

16 For carrying out titles III, VII, and VIII of the PHS 

17 Act with respect to the health workforce, section 1128E 

18 of the Social Security Act, and the Health Care Quality 

19 Improvement Act of 1986, $720,970,000: Provided, That 

20 sections 747(c)(2), 751(j)(2), 762(k), and the proportional 

21 funding amounts in paragraphs (1) through (4) of section 

22 756(e) of the PHS Act shall not apply to funds made 

23 available under this heading: Provided further, That for 

24 any program operating under section 751 of the PHS Act 

25 on or before January 1, 2009, the Secretary may hereafter 


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1 waive any of the requirements contained in sections 

2 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full 

3 project period of a grant under such section: Provided fur4 ther, That no funds shall be available for section 340G– 

5 1 of the PHS Act: Provided further, That fees collected 

6 for the disclosure of information under section 427(b) of 

7 the Health Care Quality Improvement Act of 1986 and 

8 sections 1128E(d)(2) and 1921 of the Social Security Act 

9 shall be sufficient to recover the full costs of operating 

10 the programs authorized by such sections and shall remain 

11 available until expended for the National Practitioner 

12 Data Bank: Provided further, That funds transferred to 

13 this account to carry out section 846 and subpart 3 of 

14 part D of title III of the PHS Act may be used to make 

15 prior year adjustments to awards made under such sec16 tions: Provided further, That from amounts made available 

17 under this heading for the Public Health Training Centers 

18 Program, 50 percent of such amounts shall be transferred 

19 and made available for the Preventive Medicine Residency 

20 Program. 

21 MATERNAL AND CHILD HEALTH

22 For carrying out titles III, XI, XII, and XIX of the 

23 PHS Act with respect to maternal and child health, title 

24 V of the Social Security Act, and section 712 of the Amer25 ican Jobs Creation Act of 2004, $828,014,000: Provided, 


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1 That notwithstanding sections 502(a)(1) and 502(b)(1) of 

2 the Social Security Act, not more than $50,000,000 shall 

3 be available for carrying out special projects of regional 

4 and national significance pursuant to section 501(a)(2) of 

5 such Act and $10,276,000 shall be available for projects 

6 described in subparagraphs (A) through (F) of section 

7 501(a)(3) of such Act: Provided further, That notwith8 standing section 502(c) of the Social Security Act, not less 

9 than $555,000,000 shall be available for the State Block 

10 Grant Awards. 

11 RYAN WHITE HIV/AIDS PROGRAM

12 For carrying out title XXVI of the PHS Act with 

13 respect to the Ryan White HIV/AIDS program, 

14 $2,293,781,000, of which $1,970,881,000 shall remain 

15 available to the Secretary through September 30, 2018, 

16 for parts A and B of title XXVI of the PHS Act, and 

17 of which not less than $900,313,000 shall be for State 

18 AIDS Drug Assistance Programs under the authority of 

19 section 2616 or 311(c) of such Act. 

20 HEALTH CARE SYSTEMS

21 For carrying out titles III and XII of the PHS Act 

22 with respect to health care systems, and the Stem Cell 

23 Therapeutic and Research Act of 2005, $103,193,000, of 

24 which $122,000 shall be available until expended for facili25 ties renovations at the Gillis W. Long Hansen’s Disease 


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1 Center: Provided, That the Secretary may collect a fee of 

2 0.1 percent of each purchase of 340B drugs from entities 

3 participating in the Drug Pricing Program pursuant to 

4 section 340B of the PHS Act to pay for the operating 

5 costs of such program: Provided further, That fees pursu6 ant to the 340B Drug Pricing Program shall be collected 

7 by the Secretary based on sales data that shall be sub8 mitted by drug manufacturers and shall be credited to this 

9 account, to remain available until expended. 

10 RURAL HEALTH

11 For carrying out titles III and IV of the PHS Act 

12 with respect to rural health, section 427(a) of the Federal 

13 Coal Mine Health and Safety Act of 1969, and sections 

14 711 and 1820 of the Social Security Act, $150,571,000, 

15 of which $41,609,000 from general revenues, notwith16 standing section 1820(j) of the Social Security Act, shall 

17 be available for carrying out the Medicare rural hospital 

18 flexibility grants program: Provided, That of the funds 

19 made available under this heading for Medicare rural hos20 pital flexibility grants, $14,942,000 shall be available for 

21 the Small Rural Hospital Improvement Grant Program 

22 for quality improvement and adoption of health informa23 tion technology and up to $1,000,000 shall be to carry 

24 out section 1820(g)(6) of the Social Security Act, with 

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1 able for the purchase and implementation of telehealth 

2 services, including pilots and demonstrations on the use 

3 of electronic health records to coordinate rural veterans 

4 care between rural providers and the Department of Vet5 erans Affairs electronic health record system: Provided 

6 further, That notwithstanding section 338J(k) of the PHS 

7 Act, $9,511,000 shall be available for State Offices of 

8 Rural Health. 

9 FAMILY PLANNING

10 For carrying out the program under title X of the 

11 PHS Act to provide for voluntary family planning 

12 projects, $257,832,000: Provided, That amounts provided 

13 to said projects under such title shall not be expended for 

14 abortions, that all pregnancy counseling shall be nondirec15 tive, and that such amounts shall not be expended for any 

16 activity (including the publication or distribution of lit17 erature) that in any way tends to promote public support 

18 or opposition to any legislative proposal or candidate for 

19 public office. 

20 PROGRAM MANAGEMENT

21 For program support in the Health Resources and 

22 Services Administration, $151,000,000: Provided, That 

23 funds made available under this heading may be used to 

24 supplement program support funding provided under the 

25 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 


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1 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS 

2 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 

3 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

4 For payments from the Vaccine Injury Compensation 

5 Program Trust Fund (the ‘‘Trust Fund’’), such sums as 

6 may be necessary for claims associated with vaccine-re7 lated injury or death with respect to vaccines administered 

8 after September 30, 1988, pursuant to subtitle 2 of title 

9 XXI of the PHS Act, to remain available until expended: 

10 Provided, That for necessary administrative expenses, not 

11 to exceed $7,500,000 shall be available from the Trust 

12 Fund to the Secretary. 

13 CENTERS FOR DISEASE CONTROL AND PREVENTION

14 IMMUNIZATION AND RESPIRATORY DISEASES

15 For carrying out titles II, III, XVII, and XXI, and 

16 section 2821 of the PHS Act, titles II and IV of the Immi17 gration and Nationality Act, and section 501 of the Ref18 ugee Education Assistance Act, with respect to immuniza19 tion and respiratory diseases, $573,105,000. 

20 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

21 DISEASES, AND TUBERCULOSIS PREVENTION

22 For carrying out titles II, III, XVII, and XXIII of 

23 the PHS Act with respect to HIV/AIDS, viral hepatitis, 

24 sexually transmitted diseases, and tuberculosis prevention, 

25 $1,090,609,000. 


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1 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

2 For carrying out titles II, III, and XVII, and section 

3 2821 of the PHS Act, titles II and IV of the Immigration 

4 and Nationality Act, and section 501 of the Refugee Edu5 cation Assistance Act, with respect to emerging and 

6 zoonotic infectious diseases, $388,590,000. 

7 CHRONIC DISEASE PREVENTION AND HEALTH

8 PROMOTION

9 For carrying out titles II, III, XI, XV, XVII, and 

10 XIX of the PHS Act with respect to chronic disease pre11 vention and health promotion, $595,272,000: Provided, 

12 That funds appropriated under this account may be avail13 able for making grants under section 1509 of the PHS 

14 Act for not less than 21 States, tribes, or tribal organiza15 tions: Provided further, That of the funds available under 

16 this heading, $8,500,000 shall be available to continue and 

17 expand community specific extension and outreach pro18 grams to combat obesity in counties with the highest levels 

19 of obesity: Provided further, That the proportional funding 

20 requirements under section 1503(a) of the PHS Act shall 

21 not apply to funds made available under this Act. 


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1 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

2 DISABILITIES AND HEALTH

3 For carrying out titles II, III, XI, and XVII of the 

4 PHS Act with respect to birth defects, developmental dis5 abilities, disabilities and health, $132,781,000. 

6 PUBLIC HEALTH SCIENTIFIC SERVICES

7 For carrying out titles II, III, and XVII of the PHS 

8 Act with respect to health statistics, surveillance, health 

9 informatics, and workforce development, $471,061,000. 

10 ENVIRONMENTAL HEALTH

11 For carrying out titles II, III, and XVII of the PHS 

12 Act with respect to environmental health, $132,286,000. 

13 INJURY PREVENTION AND CONTROL

14 For carrying out titles II, III, and XVII of the PHS 

15 Act with respect to injury prevention and control, 

16 $187,947,000: Provided, That of the funds provided under 

17 this heading, $37,500,000 shall be available for an evi18 dence-based opioid drug overdose prevention program. 

19 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

20 HEALTH

21 For carrying out titles II, III, and XVII of the PHS 

22 Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 

23 of the Federal Mine Safety and Health Act, section 13 

24 of the Mine Improvement and New Emergency Response 

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1 ty and Health Act, with respect to occupational safety and 

2 health, $305,887,000. 

3 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

4 COMPENSATION PROGRAM

5 For necessary expenses to administer the Energy 

6 Employees Occupational Illness Compensation Program 

7 Act, $55,358,000, to remain available until expended: Pro8 vided, That this amount shall be available consistent with 

9 the provision regarding administrative expenses in section 

10 151(b) of division B, title I of Public Law 106–554. 

11 GLOBAL HEALTH

12 For carrying out titles II, III, and XVII of the PHS 

13 Act with respect to global health, $411,758,000, of which 

14 $128,421,000 for international HIV/AIDS shall remain 

15 available through September 30, 2017: Provided, That 

16 funds may be used for purchase and insurance of official 

17 motor vehicles in foreign countries. 

18 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

19 For carrying out titles II, III, and XVII of the PHS 

20 Act with respect to public health preparedness and re21 sponse, and for expenses necessary to support activities 

22 related to countering potential biological, nuclear, radio23 logical, and chemical threats to civilian populations, 

24 $1,340,118,000, of which $534,343,000 shall remain 

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1 pile: Provided, That in the event the Director of the CDC 

2 activates the Emergency Operations Center, the Director 

3 of the CDC may detail staff without reimbursement for 

4 up to 120 days to support the work of the CDC Emer5 gency Operations Center, so long as the Director provides 

6 a notice to the Committees on Appropriations of the 

7 House of Representatives and the Senate within 15 days 

8 of the use of this authority and a full report within 30 

9 days after use of this authority which includes the number 

10 of staff and funding level broken down by the originating 

11 center and number of days detailed. 

12 BUILDINGS AND FACILITIES

13 For acquisition of real property, equipment, construc14 tion, demolition, and renovation of facilities, $10,000,000, 

15 which shall remain available until September 30, 2020: 

16 Provided, That funds previously set-aside by CDC for re17 pair and upgrade of the Lake Lynn Experimental Mine 

18 and Laboratory shall be used to acquire a replacement 

19 mine safety research facility: Provided further, That funds 

20 made available by prior appropriations Acts for CDC for 

21 construction and renovation of facilities may also be used, 

22 in fiscal year 2016, for the construction of a replacement 

23 freezer building in the Fort Collins, Colorado, area. 


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1 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

2 (INCLUDING TRANSFER OF FUNDS)

3 For carrying out titles II, III, XVII and XIX, and 

4 section 2821 of the PHS Act and for cross-cutting activi5 ties and program support for activities funded in other 

6 appropriations included in this Act for the Centers for 

7 Disease Control and Prevention, $107,892,000: Provided, 

8 That paragraphs (1) through (3) of subsection (b) of sec9 tion 2821 of the PHS Act shall not apply to funds appro10 priated under this heading and in all other accounts of 

11 the CDC: Provided further, That funds appropriated under 

12 this heading and in all other accounts of CDC may be 

13 used to support the hire, maintenance, and operation of 

14 aircraft in direct support of activities throughout CDC 

15 and to ensure the agency is prepared to address public 

16 health preparedness emergencies: Provided further, That 

17 employees of CDC or the Public Health Service, both civil18 ian and commissioned officers, detailed to States, munici19 palities, or other organizations under authority of section 

20 214 of the PHS Act, or in overseas assignments, shall be 

21 treated as non-Federal employees for reporting purposes 

22 only and shall not be included within any personnel ceiling 

23 applicable to the Agency, Service, or HHS during the pe24 riod of detail or assignment: Provided further, That CDC 

25 may use up to $10,000 from amounts appropriated to 


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1 CDC in this Act for official reception and representation 

2 expenses when specifically approved by the Director of 

3 CDC: Provided further, That in addition, such sums as 

4 may be derived from authorized user fees, which shall be 

5 credited to the appropriation charged with the cost there6 of: Provided further, That with respect to the previous pro7 viso, authorized user fees from the Vessel Sanitation Pro8 gram and the Respirator Certification Program shall be 

9 available through September 30, 2017: Provided further, 

10 That of the funds made available under this heading and 

11 in all other accounts of CDC, up to $1,000 per eligible 

12 employee of CDC shall be made available until expended 

13 for Individual Learning Accounts. 

14 NATIONAL INSTITUTES OF HEALTH

15 NATIONAL CANCER INSTITUTE

16 For carrying out section 301 and title IV of the PHS 

17 Act with respect to cancer, $5,204,058,000, of which up 

18 to $16,000,000 may be used for facilities repairs and im19 provements at the National Cancer Institute—Frederick 

20 Federally Funded Research and Development Center in 

21 Frederick, Maryland. 

22 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

23 For carrying out section 301 and title IV of the PHS 

24 Act with respect to cardiovascular, lung, and blood dis25 eases, and blood and blood products, $3,135,519,000. 


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1 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

2 RESEARCH

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to dental and craniofacial diseases, 

5 $415,169,000. 

6 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

7 KIDNEY DISEASES

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to diabetes and digestive and kidney dis10 ease, $1,825,162,000. 

11 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

12 AND STROKE

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to neurological disorders and stroke, 

15 $1,694,758,000. 

16 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

17 DISEASES

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to allergy and infectious diseases, 

20 $4,710,342,000. 

21 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

22 For carrying out section 301 and title IV of the PHS 

23 Act with respect to general medical sciences, 

24 $2,511,431,000, of which $940,000,000 shall be from 

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1 vided, That not less than $300,000,000 is provided for 

2 the Institutional Development Awards program. 

3 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

4 CHILD HEALTH AND HUMAN DEVELOPMENT

5 For carrying out section 301 and title IV of the PHS 

6 Act with respect to child health and human development, 

7 $1,345,355,000. 

8 NATIONAL EYE INSTITUTE

9 For carrying out section 301 and title IV of the PHS 

10 Act with respect to eye diseases and visual disorders, 

11 $709,549,000. 

12 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

13 SCIENCES

14 For carrying out section 301 and title IV of the PHS 

15 Act with respect to environmental health sciences, 

16 $695,900,000. 

17 NATIONAL INSTITUTE ON AGING

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to aging, $1,548,494,000. 

20 NATIONAL INSTITUTE OF ARTHRITIS AND

21 MUSCULOSKELETAL AND SKIN DISEASES

22 For carrying out section 301 and title IV of the PHS 

23 Act with respect to arthritis and musculoskeletal and skin 

24 diseases, $544,274,000. 


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1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to deafness and other communication dis5 orders, $424,860,000. 

6 NATIONAL INSTITUTE OF NURSING RESEARCH

7 For carrying out section 301 and title IV of the PHS 

8 Act with respect to nursing research, $147,508,000. 

9 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

10 ALCOHOLISM

11 For carrying out section 301 and title IV of the PHS 

12 Act with respect to alcohol abuse and alcoholism, 

13 $469,355,000. 

14 NATIONAL INSTITUTE ON DRUG ABUSE

15 For carrying out section 301 and title IV of the PHS 

16 Act with respect to drug abuse, $1,069,086,000. 

17 NATIONAL INSTITUTE OF MENTAL HEALTH

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to mental health, $1,520,260,000. 

20 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

21 For carrying out section 301 and title IV of the PHS 

22 Act with respect to human genome research, 

23 $526,166,000. 


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1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2 BIOENGINEERING

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to biomedical imaging and bioengineering 

5 research, $344,299,000. 

6 NATIONAL CENTER FOR COMPLEMENTARY AND

7 INTEGRATIVE HEALTH

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to complementary and integrative health, 

10 $130,162,000. 

11 NATIONAL INSTITUTE ON MINORITY HEALTH AND

12 HEALTH DISPARITIES

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to minority health and health disparities 

15 research, $287,379,000. 

16 JOHN E. FOGARTY INTERNATIONAL CENTER

17 For carrying out the activities of the John E. Fogarty 

18 International Center (described in subpart 2 of part E of 

19 title IV of the PHS Act), $70,944,000. 

20 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

21 SCIENCES

22 For carrying out section 301 and title IV of the PHS 

23 Act with respect to translational sciences, $699,319,000: 

24 Provided, That up to $25,835,000 shall be available to im25 plement section 480 of the PHS Act, relating to the Cures 


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1 Acceleration Network: Provided further, That at least 

2 $499,746,000 is provided to the Clinical and Translational 

3 Sciences Awards program. 

4 NATIONAL LIBRARY OF MEDICINE

5 For carrying out section 301 and title IV of the PHS 

6 Act with respect to health information communications, 

7 $402,251,000: Provided, That of the amounts available for 

8 improvement of information systems, $4,000,000 shall be 

9 available until September 30, 2017: Provided further, That 

10 in fiscal year 2016, the National Library of Medicine may 

11 enter into personal services contracts for the provision of 

12 services in facilities owned, operated, or constructed under 

13 the jurisdiction of the National Institutes of Health (re14 ferred to in this title as ‘‘NIH’’). 

15 OFFICE OF THE DIRECTOR

16 (INCLUDING TRANSFER OF FUNDS)

17 For carrying out the responsibilities of the Office of 

18 the Director, NIH, $860,937,000, of which up to 

19 $30,000,000 may be used to carry out section 212 of this 

20 Act: Provided, That funding shall be available for the pur21 chase of not to exceed 29 passenger motor vehicles for re22 placement only: Provided further, That all funds credited 

23 to the NIH Management Fund shall remain available for 

24 one fiscal year after the fiscal year in which they are de25 posited: Provided further, That $165,000,000 shall be for 


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1 longitudinal studies related to environmental influences on 

2 child health and development as a follow-on to the Na3 tional Children’s Study, and may be transferred to and 

4 merged with the accounts for the various Institutes and 

5 Centers to support activities related to this goal: Provided 

6 further, That NIH shall submit a spend plan and research 

7 strategy to the Committees on Appropriations of the 

8 House of Representatives and the Senate not later than 

9 90 days after the date of enactment of this Act: Provided 

10 further, That $544,077,000 shall be available for the Com11 mon Fund established under section 402A(c)(1) of the 

12 PHS Act: Provided further, That of the funds provided, 

13 $10,000 shall be for official reception and representation 

14 expenses when specifically approved by the Director of the 

15 NIH: Provided further, That the Office of AIDS Research 

16 within the Office of the Director of the NIH may spend 

17 up to $8,000,000 to make grants for construction or ren18 ovation of facilities as provided for in section 

19 2354(a)(5)(B) of the PHS Act: Provided further, That 

20 $50,000,000 shall be used to carry out section 404I of 

21 the PHS Act (42 U.S.C. 283k), relating to biomedical and 

22 behavioral research facilities: Of the amount provided to 

23 the NIH, the Director of NIH shall enter into an agree24 ment with the National Academy of Sciences, as part of 

25 the studies conducted under section 489 of the PHSA, to 


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1 conduct a comprehensive study on policies affecting the 

2 next generation of researchers in the United States: Pro3 vided further, That the Director may direct up to 1 per4 cent of the total made available in this or any other Act 

5 to all NIH appropriations to activities that the Director 

6 may so designate: Provided further, That no such appro7 priation shall be decreased by more than 1 percent by any 

8 such transfers and that the Committees on Appropriations 

9 of the House of Representatives and the Senate are noti10 fied at least 15 days in advance of any transfer. 

11 In addition to other funds appropriated for the Com12 mon Fund established under section 402A(c) of the PHS 

13 Act, $12,600,000 is appropriated to the Common Fund 

14 from the 10-year Pediatric Research Initiative Fund de15 scribed in section 9008 of title 26, United States Code, 

16 for the purpose of carrying out section 402(b)(7)(B)(ii) 

17 of the PHS Act (relating to pediatric research), as author18 ized in the Gabriella Miller Kids First Research Act. 

19 BUILDINGS AND FACILITIES

20 For the study of, construction or demolition of, ren21 ovation of, and acquisition of equipment for, facilities of 

22 or used by NIH, including the acquisition of real property, 

23 $128,863,000, to remain available through September 30, 

24 2020. 


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1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2 ADMINISTRATION

3 MENTAL HEALTH

4 For carrying out titles III, V, and XIX of the PHS 

5 Act with respect to mental health, and the Protection and 

6 Advocacy for Individuals with Mental Illness Act, 

7 $1,021,301,000: Provided, That notwithstanding section 

8 520A(f)(2) of the PHS Act, no funds appropriated for car9 rying out section 520A shall be available for carrying out 

10 section 1971 of the PHS Act: Provided further, That in 

11 addition to amounts provided herein, $21,039,000 shall be 

12 available under section 241 of the PHS Act to carry out 

13 subpart I of part B of title XIX of the PHS Act to fund 

14 section 1920(b) technical assistance, national data, data 

15 collection and evaluation activities, and further that the 

16 total available under this Act for section 1920(b) activities 

17 shall not exceed 5 percent of the amounts appropriated 

18 for subpart I of part B of title XIX: Provided further, That 

19 section 520E(b)(2) of the PHS Act shall not apply to 

20 funds appropriated in this Act for fiscal year 2016: Pro21 vided further, That of the amount appropriated under this 

22 heading, $45,887,000 shall be for the National Child 

23 Traumatic Stress Initiative as described in section 582 of 

24 the PHS Act: Provided further, That notwithstanding sec25 tion 565(b)(1) of the PHS Act, technical assistance may 


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1 be provided to a public entity to establish or operate a 

2 system of comprehensive community mental health serv3 ices to children with a serious emotional disturbance, with4 out regard to whether the public entity receives a grant 

5 under section 561(a) of such Act: Provided further, That 

6 States shall expend at least 5 percent of the amount each 

7 receives for carrying out section 1911 of the PHS Act to 

8 support evidence-based programs that address the needs 

9 of individuals with early serious mental illness, including 

10 psychotic disorders, regardless of the age of the individual 

11 at onset: Provided further, That none of the funds pro12 vided for section 1911 of the PHS Act shall be subject 

13 to section 241 of such Act. 

14 SUBSTANCE ABUSE TREATMENT

15 For carrying out titles III, V, and XIX of the PHS 

16 Act with respect to substance abuse treatment and section 

17 1922(a) of the PHS Act with respect to substance abuse 

18 prevention, $1,972,916,000: Provided, That in addition to 

19 amounts provided herein, the following amounts shall be 

20 available under section 241 of the PHS Act: (1) 

21 $79,200,000 to carry out subpart II of part B of title XIX 

22 of the PHS Act to fund section 1935(b) technical assist23 ance, national data, data collection and evaluation activi24 ties, and further that the total available under this Act 

25 for section 1935(b) activities shall not exceed 5 percent 


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1 of the amounts appropriated for subpart II of part B of 

2 title XIX; and (2) $2,000,000 to evaluate substance abuse 

3 treatment programs: Provided further, That none of the 

4 funds provided for section 1921 of the PHS Act shall be 

5 subject to section 241 of such Act. 

6 SUBSTANCE ABUSE PREVENTION

7 For carrying out titles III and V of the PHS Act 

8 with respect to substance abuse prevention, $182,731,000. 

9 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

10 For program support and cross-cutting activities that 

11 supplement activities funded under the headings ‘‘Mental 

12 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 

13 Abuse Prevention’’ in carrying out titles III, V, and XIX 

14 of the PHS Act and the Protection and Advocacy for Indi15 viduals with Mental Illness Act in the Substance Abuse 

16 and Mental Health Services Administration, 

17 $137,869,000: Provided, That in addition to amounts pro18 vided herein, $31,428,000 shall be available under section 

19 241 of the PHS Act to supplement funds available to 

20 carry out national surveys on drug abuse and mental 

21 health, to collect and analyze program data, and to con22 duct public awareness and technical assistance activities: 

23 Provided further, That, in addition, fees may be collected 

24 for the costs of publications, data, data tabulations, and 

25 data analysis completed under title V of the PHS Act and 


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1 provided to a public or private entity upon request, which 

2 shall be credited to this appropriation and shall remain 

3 available until expended for such purposes: Provided fur4 ther, That amounts made available in this Act for carrying 

5 out section 501(m) of the PHS Act shall remain available 

6 through September 30, 2017: Provided further, That funds 

7 made available under this heading may be used to supple8 ment program support funding provided under the head9 ings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, 

10 and ‘‘Substance Abuse Prevention’’. 

11 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

12 HEALTHCARE RESEARCH AND QUALITY

13 For carrying out titles III and IX of the PHS Act, 

14 part A of title XI of the Social Security Act, and section 

15 1013 of the Medicare Prescription Drug, Improvement, 

16 and Modernization Act of 2003, $236,001,000: Provided, 

17 That section 947(c) of the PHS Act shall not apply in 

18 fiscal year 2016: Provided further, That in addition, 

19 amounts received from Freedom of Information Act fees, 

20 reimbursable and interagency agreements, and the sale of 

21 data shall be credited to this appropriation and shall re22 main available until September 30, 2017. 


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1 CENTERS FOR MEDICARE AND MEDICAID SERVICES

2 GRANTS TO STATES FOR MEDICAID

3 For carrying out, except as otherwise provided, titles 

4 XI and XIX of the Social Security Act, $243,545,410,000, 

5 to remain available until expended. 

6 For making, after May 31, 2016, payments to States 

7 under title XIX or in the case of section 1928 on behalf 

8 of States under title XIX of the Social Security Act for 

9 the last quarter of fiscal year 2016 for unanticipated costs 

10 incurred for the current fiscal year, such sums as may be 

11 necessary. 

12 For making payments to States or in the case of sec13 tion 1928 on behalf of States under title XIX of the Social 

14 Security Act for the first quarter of fiscal year 2017, 

15 $115,582,502,000, to remain available until expended. 

16 Payment under such title XIX may be made for any 

17 quarter with respect to a State plan or plan amendment 

18 in effect during such quarter, if submitted in or prior to 

19 such quarter and approved in that or any subsequent 

20 quarter. 

21 PAYMENTS TO HEALTH CARE TRUST FUNDS

22 For payment to the Federal Hospital Insurance 

23 Trust Fund and the Federal Supplementary Medical In24 surance Trust Fund, as provided under sections 217(g), 

25 1844, and 1860D–16 of the Social Security Act, sections 


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1 103(c) and 111(d) of the Social Security Amendments of 

2 1965, section 278(d)(3) of Public Law 97–248, and for 

3 administrative expenses incurred pursuant to section 

4 201(g) of the Social Security Act, $283,171,800,000. 

5 In addition, for making matching payments under 

6 section 1844 and benefit payments under section 1860D– 

7 16 of the Social Security Act that were not anticipated 

8 in budget estimates, such sums as may be necessary. 

9 PROGRAM MANAGEMENT

10 For carrying out, except as otherwise provided, titles 

11 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

12 XIII and XXVII of the PHS Act, the Clinical Laboratory 

13 Improvement Amendments of 1988, and other responsibil14 ities of the Centers for Medicare and Medicaid Services, 

15 not to exceed $3,027,590,000, to be transferred from the 

16 Federal Hospital Insurance Trust Fund and the Federal 

17 Supplementary Medical Insurance Trust Fund, as author18 ized by section 201(g) of the Social Security Act; together 

19 with all funds collected in accordance with section 353 of 

20 the PHS Act and section 1857(e)(2) of the Social Security 

21 Act, funds retained by the Secretary pursuant to section 

22 302 of the Tax Relief and Health Care Act of 2006; and 

23 such sums as may be collected from authorized user fees 

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1 vided, That all funds derived in accordance with 31 U.S.C. 

2 9701 from organizations established under title XIII of 

3 the PHS Act shall be credited to and available for carrying 

4 out the purposes of this appropriation: Provided further, 

5 That the Secretary is directed to collect fees in fiscal year 

6 2016 from Medicare Advantage organizations pursuant to 

7 section 1857(e)(2) of the Social Security Act and from eli8 gible organizations with risk-sharing contracts under sec9 tion 1876 of that Act pursuant to section 1876(k)(4)(D) 

10 of that Act. 

11 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

12 In addition to amounts otherwise available for pro13 gram integrity and program management, $706,000,000, 

14 to remain available through September 30, 2017, to be 

15 transferred from the Federal Hospital Insurance Trust 

16 Fund and the Federal Supplementary Medical Insurance 

17 Trust Fund, as authorized by section 201(g) of the Social 

18 Security Act, of which $474,175,000 shall be for the Medi19 care Integrity Program at the Centers for Medicare and 

20 Medicaid Services, including administrative costs, to con21 duct oversight activities for Medicare Advantage under 

22 Part C and the Medicare Prescription Drug Program 

23 under Part D of the Social Security Act and for activities 

24 described in section 1893(b) of such Act, of which 

25 $77,275,000 shall be for the Department of Health and 


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1 Human Services Office of Inspector General to carry out 

2 fraud and abuse activities authorized by section 

3 1817(k)(3) of such Act, of which $77,275,000 shall be for 

4 the Medicaid and Children’s Health Insurance Program 

5 (‘‘CHIP’’) program integrity activities, and of which 

6 $77,275,000 shall be for the Department of Justice to 

7 carry out fraud and abuse activities authorized by section 

8 1817(k)(3) of such Act: Provided, That the report re9 quired by section 1817(k)(5) of the Social Security Act 

10 for fiscal year 2016 shall include measures of the oper11 ational efficiency and impact on fraud, waste, and abuse 

12 in the Medicare, Medicaid, and CHIP programs for the 

13 funds provided by this appropriation: Provided further, 

14 That of the amount provided under this heading, 

15 $311,000,000 is provided to meet the terms of section 

16 251(b)(2)(C)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985, as amended, and 

18 $395,000,000 is additional new budget authority specified 

19 for purposes of section 251(b)(2)(C) of such Act. 

20 ADMINISTRATION FOR CHILDREN AND FAMILIES

21 PAYMENTS TO STATES FOR CHILD SUPPORT

22 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

23 For carrying out, except as otherwise provided, titles 

24 I, IV–D, X, XI, XIV, and XVI of the Social Security Act 

25 and the Act of July 5, 1960, $2,944,906,000, to remain 


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1 available until expended; and for such purposes for the 

2 first quarter of fiscal year 2017, $1,300,000,000, to re3 main available until expended. 

4 For carrying out, after May 31 of the current fiscal 

5 year, except as otherwise provided, titles I, IV–D, X, XI, 

6 XIV, and XVI of the Social Security Act and the Act of 

7 July 5, 1960, for the last 3 months of the current fiscal 

8 year for unanticipated costs, incurred for the current fiscal 

9 year, such sums as may be necessary. 

10 LOW INCOME HOME ENERGY ASSISTANCE

11 For making payments under subsections (b) and (d) 

12 of section 2602 of the Low Income Home Energy Assist13 ance Act of 1981, $3,390,304,000: Provided, That all but 

14 $491,000,000 of this amount shall be allocated as though 

15 the total appropriation for such payments for fiscal year 

16 2016 was less than $1,975,000,000: Provided further, 

17 That notwithstanding section 2609A(a), of the amounts 

18 appropriated under section 2602(b), not more than 

19 $2,988,000 of such amounts may be reserved by the Sec20 retary for technical assistance, training, and monitoring 

21 of program activities for compliance with internal controls, 

22 policies and procedures and may, in addition to the au23 thorities provided in section 2609A(a)(1), use such funds 

24 through contracts with private entities that do not qualify 

25 as nonprofit organizations. 


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1 REFUGEE AND ENTRANT ASSISTANCE

2 For necessary expenses for refugee and entrant as3 sistance activities authorized by section 414 of the Immi4 gration and Nationality Act and section 501 of the Ref5 ugee Education Assistance Act of 1980, and for carrying 

6 out section 462 of the Homeland Security Act of 2002, 

7 section 235 of the William Wilberforce Trafficking Victims 

8 Protection Reauthorization Act of 2008, the Trafficking 

9 Victims Protection Act of 2000 (‘‘TVPA’’), section 203 

10 of the Trafficking Victims Protection Reauthorization Act 

11 of 2005, and the Torture Victims Relief Act of 1998, 

12 $1,405,367,000, of which $1,378,877,000 shall remain 

13 available through September 30, 2018 for carrying out 

14 such sections 414, 501, 462, and 235: Provided, That 

15 amounts available under this heading to carry out such 

16 section 203 and the TVPA shall also be available for re17 search and evaluation with respect to activities under 

18 those authorities: Provided further, That the limitation in 

19 section 205 of this Act regarding transfers increasing any 

20 appropriation shall apply to transfers to appropriations 

21 under this heading by substituting ‘‘10 percent’’ for ‘‘3 

22 percent’’. 


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1 PAYMENTS TO STATES FOR THE CHILD CARE AND

2 DEVELOPMENT BLOCK GRANT

3 For carrying out the Child Care and Development 

4 Block Grant Act of 2014 (‘‘CCDBG Act’’), 

5 $2,585,000,000 shall be used to supplement, not supplant 

6 State general revenue funds for child care assistance for 

7 low-income families: Provided, That, in addition to the 

8 amounts required to be reserved by the States under sec9 tion 658G of the CCDBG Act, $119,098,000 shall be for 

10 activities that improve the quality of infant and toddler 

11 care: Provided further, That technical assistance under 

12 section 658I(a)(3) of such Act may be provided directly, 

13 or through the use of contracts, grants, cooperative agree14 ments, or interagency agreements: Provided further, That 

15 the reservation of funds specified in paragraphs (4) and 

16 (5) of section 658O(a) of such Act shall also be applied 

17 to funds appropriated in this or any other Act, including 

18 section 418 of the Social Security Act (42 U.S.C. 618), 

19 to carry out such section 418. 

20 SOCIAL SERVICES BLOCK GRANT

21 For making grants to States pursuant to section 

22 2002 of the Social Security Act, $1,700,000,000: Pro23 vided, That notwithstanding subparagraph (B) of section 

24 404(d)(2) of such Act, the applicable percent specified 

25 under such subparagraph for a State to carry out State 


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1 programs pursuant to title XX–A of such Act shall be 10 

2 percent. 

3 CHILDREN AND FAMILIES SERVICES PROGRAMS

4 For carrying out, except as otherwise provided, the 

5 Runaway and Homeless Youth Act, the Head Start Act, 

6 the Child Abuse Prevention and Treatment Act, sections 

7 303 and 313 of the Family Violence Prevention and Serv8 ices Act, the Native American Programs Act of 1974, title 

9 II of the Child Abuse Prevention and Treatment and 

10 Adoption Reform Act of 1978 (adoption opportunities), 

11 part B–1 of title IV and sections 413, 429, 473A, 477(i), 

12 1110, 1114A, and 1115 of the Social Security Act; for 

13 making payments under the Community Services Block 

14 Grant Act (‘‘CSBG Act’’), sections 473B and 477(i) of 

15 the Social Security Act, and the Assets for Independence 

16 Act; for necessary administrative expenses to carry out ti17 tles I, IV, V, X, XI, XIV, XVI, and XX of the Social Secu18 rity Act, the Act of July 5, 1960, the Low Income Home 

19 Energy Assistance Act of 1981, title IV of the Immigra20 tion and Nationality Act, and section 501 of the Refugee 

21 Education Assistance Act of 1980; and for the administra22 tion of prior year obligations made by the Administration 

23 for Children and Families under the Developmental Dis24 abilities Assistance and Bill of Rights Act and the Help 

25 America Vote Act of 2002, $10,388,620,000, of which 


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1 $37,943,000, to remain available through September 30, 

2 2017, shall be for grants to States for adoption and legal 

3 guardianship incentive payments, as defined by section 

4 473A of the Social Security Act and may be made for 

5 adoptions completed before September 30, 2015: Provided, 

6 That $8,698,095,000 shall be for making payments under 

7 the Head Start Act: Provided further, That of the amount 

8 in the previous proviso, $8,073,095,000 shall be available 

9 for payments under section 640 of the Head Start Act: 

10 Provided further, That of the amount provided for making 

11 payments under the Head Start Act, $25,000,000 shall 

12 be available for allocation by the Secretary to supplement 

13 activities described in paragraphs (7)(B) and (9) of sec14 tion 641(c) of such Act under the Designation Renewal 

15 System, established under the authority of sections 

16 641(c)(7), 645A(b)(12) and 645A(d) of such Act: Pro17 vided further, That notwithstanding such section 640, of 

18 the amount provided for making payments under the 

19 Head Start Act, and in addition to funds otherwise avail20 able under such section 640 for such purposes, 

21 $600,000,000 shall be available for Early Head Start pro22 grams as described in section 645A of such Act, for con23 version of Head Start services to Early Head Start serv24 ices as described in section 645(a)(5)(A) of such Act, for 

25 discretionary grants for high quality infant and toddler 


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1 care through Early Head Start-Child Care Partnerships, 

2 to entities defined as eligible under section 645A(d) of 

3 such Act, for training and technical assistance for such 

4 activities, and for up to $14,000,000 in Federal costs of 

5 administration and evaluation, and, notwithstanding sec6 tion 645A(c)(2) of such Act, these funds are available to 

7 serve children under age 4: Provided further, That funds 

8 described in the preceding two provisos shall not be in9 cluded in the calculation of ‘‘base grant’’ in subsequent 

10 fiscal years, as such term is used in section 640(a)(7)(A) 

11 of such Act: Provided further, That $674,000,000 shall be 

12 for making payments under the CSBG Act: Provided fur13 ther, That not more than $350,000 shall be reserved under 

14 section 674(b)(3) of the CSBG Act, all of which shall be 

15 solely for carrying out section 678(b)(2) of such Act: Pro16 vided further, That section 303(a)(2)(A)(i) of the Family 

17 Violence Prevention and Services Act shall not apply to 

18 amounts provided herein: Provided further, That 

19 $1,864,000 shall be for a human services case manage20 ment system for federally declared disasters, to include a 

21 comprehensive national case management contract and 

22 Federal costs of administering the system: Provided fur23 ther, That up to $2,000,000 shall be for improving the 

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1 ing grants to States to support data collection for a study 

2 of the system’s effectiveness. 

3 PROMOTING SAFE AND STABLE FAMILIES

4 For carrying out, except as otherwise provided, sec5 tion 436 of the Social Security Act, $345,000,000 and, 

6 for carrying out, except as otherwise provided, section 437 

7 of such Act, $59,765,000. 

8 PAYMENTS FOR FOSTER CARE AND PERMANENCY

9 For carrying out, except as otherwise provided, title 

10 IV–E of the Social Security Act, $5,298,000,000. 

11 For carrying out, except as otherwise provided, title 

12 IV–E of the Social Security Act, for the first quarter of 

13 fiscal year 2017, $2,300,000,000. 

14 For carrying out, after May 31 of the current fiscal 

15 year, except as otherwise provided, section 474 of title IV– 

16 E of the Social Security Act, for the last 3 months of the 

17 current fiscal year for unanticipated costs, incurred for the 

18 current fiscal year, such sums as may be necessary. 

19 ADMINISTRATION FOR COMMUNITY LIVING

20 AGING AND DISABILITY SERVICES PROGRAMS

21 (INCLUDING TRANSFER OF FUNDS)

22 For carrying out, to the extent not otherwise pro23 vided, the OAA, titles III and XXIX of the PHS Act, sec24 tion 119 of the Medicare Improvements for Patients and 

25 Providers Act of 2008, title XX–B of the Social Security 


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1 Act, the Developmental Disabilities Assistance and Bill of 

2 Rights Act, parts 2 and 5 of subtitle D of title II of the 

3 Help America Vote Act of 2002, the Assistive Technology 

4 Act of 1998, titles II and VII (and section 14 with respect 

5 to such titles) of the Rehabilitation Act of 1973, and for 

6 Department-wide coordination of policy and program ac7 tivities that assist individuals with disabilities, 

8 $1,831,089,000, together with $30,000,000 to be trans9 ferred from the Federal Hospital Insurance Trust Fund 

10 and the Federal Supplementary Medical Insurance Trust 

11 Fund to carry out section 4360 of the Omnibus Budget 

12 Reconciliation Act of 1990: Provided, That amounts ap13 propriated under this heading may be used for grants to 

14 States under section 361 of the OAA only for disease pre15 vention and health promotion programs and activities 

16 which have been demonstrated through rigorous evalua17 tion to be evidence-based and effective: Provided further, 

18 That notwithstanding any other provision of this Act, 

19 funds made available under this heading to carry out sec20 tion 311 of the OAA may be transferred to the Secretary 

21 of Agriculture in accordance with such section. 

22 OFFICE OF THE SECRETARY

23 GENERAL DEPARTMENTAL MANAGEMENT

24 For necessary expenses, not otherwise provided, for 

25 general departmental management, including hire of six 


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1 passenger motor vehicles, and for carrying out titles III, 

2 XVII, XXI, and section 229 of the PHS Act, the United 

3 States-Mexico Border Health Commission Act, and re4 search studies under section 1110 of the Social Security 

5 Act, $301,500,000, together with $46,762,000 from the 

6 amounts available under section 241 of the PHS Act to 

7 carry out national health or human services research and 

8 evaluation activities: Provided, That of the funds made 

9 available under this heading, $20,000,000 shall be for 

10 making competitive contracts and grants to public and pri11 vate entities to fund medically accurate and age appro12 priate programs that reduce teen pregnancy and for the 

13 Federal costs associated with administering and evalu14 ating such contracts and grants, of which not more than 

15 10 percent of the available funds shall be for training and 

16 technical assistance, evaluation, outreach, and additional 

17 program support activities, and of the remaining amount 

18 75 percent shall be for replicating programs that have 

19 been proven effective through rigorous evaluation to re20 duce teenage pregnancy, behavioral risk factors underlying 

21 teenage pregnancy, or other associated risk factors, and 

22 25 percent shall be available for research and demonstra23 tion grants to develop, replicate, refine, and test additional 

24 models and innovative strategies for preventing teenage 

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1 able under this heading, $1,750,000 is for strengthening 

2 the Department’s acquisition workforce capacity and capa3 bilities: Provided further, That with respect to the previous 

4 proviso, such funds shall be available for training, recruit5 ing, retaining, and hiring members of the acquisition 

6 workforce as defined by 41 U.S.C. 1703, for information 

7 technology in support of acquisition workforce effective8 ness and for management solutions to improve acquisition 

9 management: Provided further, That of the funds made 

10 available under this heading, $20,000,000 shall be for 

11 making competitive grants to provide abstinence education 

12 (as defined by section 510(b)(2)(A)–(H) of the Social Se13 curity Act) to adolescents, and for Federal costs of admin14 istering the grant: Provided further, That grants made 

15 under the authority of section 510(b)(2)(A)–(H) of the 

16 Social Security Act shall be made only to public and pri17 vate entities that agree that, with respect to an adolescent 

18 to whom the entities provide abstinence education under 

19 such grant, the entities will not provide to that adolescent 

20 any other education regarding sexual conduct, except that, 

21 in the case of an entity expressly required by law to pro22 vide health information or services the adolescent shall not 

23 be precluded from seeking health information or services 

24 from the entity in a different setting than the setting in 

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1 ther, That funds provided in this Act for embryo adoption 

2 activities may be used to provide to individuals adopting 

3 embryos, through grants and other mechanisms, medical 

4 and administrative services deemed necessary for such 

5 adoptions: Provided further, That such services shall be 

6 provided consistent with 42 CFR 59.5(a)(4). 

7 OFFICE OF MEDICARE HEARINGS AND APPEALS

8 For expenses necessary for the Office of Medicare 

9 Hearings and Appeals, $97,381,000, to be transferred in 

10 appropriate part from the Federal Hospital Insurance 

11 Trust Fund and the Federal Supplementary Medical In12 surance Trust Fund. 

13 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

14 INFORMATION TECHNOLOGY

15 For expenses necessary for the Office of the National 

16 Coordinator for Health Information Technology, including 

17 grants, contracts, and cooperative agreements for the de18 velopment and advancement of interoperable health infor19 mation technology, $60,367,000. 

20 OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector 

22 General, including the hire of passenger motor vehicles for 

23 investigations, in carrying out the provisions of the Inspec24 tor General Act of 1978, $71,000,000: Provided, That of 

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1 viding protective services to the Secretary and inves2 tigating non-payment of child support cases for which non3 payment is a Federal offense under 18 U.S.C. 228. 

4 OFFICE FOR CIVIL RIGHTS

5 For expenses necessary for the Office for Civil 

6 Rights, $38,798,000. 

7 RETIREMENT PAY AND MEDICAL BENEFITS FOR

8 COMMISSIONED OFFICERS

9 For retirement pay and medical benefits of Public 

10 Health Service Commissioned Officers as authorized by 

11 law, for payments under the Retired Serviceman’s Family 

12 Protection Plan and Survivor Benefit Plan, and for med13 ical care of dependents and retired personnel under the 

14 Dependents’ Medical Care Act, such amounts as may be 

15 required during the current fiscal year. 

16 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

17 FUND

18 For expenses necessary to support activities related 

19 to countering potential biological, nuclear, radiological, 

20 chemical, and cybersecurity threats to civilian populations, 

21 and for other public health emergencies, $900,362,000, of 

22 which $473,000,000 shall remain available through Sep23 tember 30, 2017, for expenses necessary to support ad24 vanced research and development pursuant to section 

25 319L of the PHS Act and other administrative expenses 


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1 of the Biomedical Advanced Research and Development 

2 Authority: Provided, That funds provided under this head3 ing for the purpose of acquisition of security counter4 measures shall be in addition to any other funds available 

5 for such purpose: Provided further, That products pur6 chased with funds provided under this heading may, at 

7 the discretion of the Secretary, be deposited in the Stra8 tegic National Stockpile pursuant to section 319F–2 of 

9 the PHS Act: Provided further, That $5,000,000 of the 

10 amounts made available to support emergency operations 

11 shall remain available through September 30, 2018. 

12 For expenses necessary for procuring security coun13 termeasures (as defined in section 319F–2(c)(1)(B) of the 

14 PHS Act), $255,000,000, to remain available until ex15 pended. 

16 For an additional amount for expenses necessary to 

17 prepare for or respond to an influenza pandemic, 

18 $71,915,000; of which $39,906,000 shall be available until 

19 expended, for activities including the development and 

20 purchase of vaccine, antivirals, necessary medical supplies, 

21 diagnostics, and other surveillance tools: Provided, That 

22 notwithstanding section 496(b) of the PHS Act, funds 

23 may be used for the construction or renovation of privately 

24 owned facilities for the production of pandemic influenza 

25 vaccines and other biologics, if the Secretary finds such 


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1 construction or renovation necessary to secure sufficient 

2 supplies of such vaccines or biologics. 

3 GENERAL PROVISIONS

4 SEC. 201. Funds appropriated in this title shall be 

5 available for not to exceed $50,000 for official reception 

6 and representation expenses when specifically approved by 

7 the Secretary. 

8 SEC. 202. None of the funds appropriated in this title 

9 shall be used to pay the salary of an individual, through 

10 a grant or other extramural mechanism, at a rate in excess 

11 of Executive Level II. 

12 SEC. 203. None of the funds appropriated in this Act 

13 may be expended pursuant to section 241 of the PHS Act, 

14 except for funds specifically provided for in this Act, or 

15 for other taps and assessments made by any office located 

16 in HHS, prior to the preparation and submission of a re17 port by the Secretary to the Committees on Appropria18 tions of the House of Representatives and the Senate de19 tailing the planned uses of such funds. 

20 SEC. 204. Notwithstanding section 241(a) of the 

21 PHS Act, such portion as the Secretary shall determine, 

22 but not more than 2.5 percent, of any amounts appro23 priated for programs authorized under such Act shall be 

24 made available for the evaluation (directly, or by grants 


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1 or contracts) and the implementation and effectiveness of 

2 programs funded in this title. 

3 (TRANSFER OF FUNDS)

4 SEC. 205. Not to exceed 1 percent of any discre5 tionary funds (pursuant to the Balanced Budget and 

6 Emergency Deficit Control Act of 1985) which are appro7 priated for the current fiscal year for HHS in this Act 

8 may be transferred between appropriations, but no such 

9 appropriation shall be increased by more than 3 percent 

10 by any such transfer: Provided, That the transfer author11 ity granted by this section shall not be used to create any 

12 new program or to fund any project or activity for which 

13 no funds are provided in this Act: Provided further, That 

14 the Committees on Appropriations of the House of Rep15 resentatives and the Senate are notified at least 15 days 

16 in advance of any transfer. 

17 SEC. 206. In lieu of the timeframe specified in section 

18 338E(c)(2) of the PHS Act, terminations described in 

19 such section may occur up to 60 days after the execution 

20 of a contract awarded in fiscal year 2016 under section 

21 338B of such Act. 

22 SEC. 207. None of the funds appropriated in this Act 

23 may be made available to any entity under title X of the 

24 PHS Act unless the applicant for the award certifies to 

25 the Secretary that it encourages family participation in 


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1 the decision of minors to seek family planning services and 

2 that it provides counseling to minors on how to resist at3 tempts to coerce minors into engaging in sexual activities. 

4 SEC. 208. Notwithstanding any other provision of 

5 law, no provider of services under title X of the PHS Act 

6 shall be exempt from any State law requiring notification 

7 or the reporting of child abuse, child molestation, sexual 

8 abuse, rape, or incest. 

9 SEC. 209. None of the funds appropriated by this Act 

10 (including funds appropriated to any trust fund) may be 

11 used to carry out the Medicare Advantage program if the 

12 Secretary denies participation in such program to an oth13 erwise eligible entity (including a Provider Sponsored Or14 ganization) because the entity informs the Secretary that 

15 it will not provide, pay for, provide coverage of, or provide 

16 referrals for abortions: Provided, That the Secretary shall 

17 make appropriate prospective adjustments to the capita18 tion payment to such an entity (based on an actuarially 

19 sound estimate of the expected costs of providing the serv20 ice to such entity’s enrollees): Provided further, That noth21 ing in this section shall be construed to change the Medi22 care program’s coverage for such services and a Medicare 

23 Advantage organization described in this section shall be 

24 responsible for informing enrollees where to obtain infor25 mation about all Medicare covered services. 


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1 SEC. 210. None of the funds made available in this 

2 title may be used, in whole or in part, to advocate or pro3 mote gun control. 

4 SEC. 211. The Secretary shall make available through 

5 assignment not more than 60 employees of the Public 

6 Health Service to assist in child survival activities and to 

7 work in AIDS programs through and with funds provided 

8 by the Agency for International Development, the United 

9 Nations International Children’s Emergency Fund or the 

10 World Health Organization. 

11 SEC. 212. In order for HHS to carry out inter12 national health activities, including HIV/AIDS and other 

13 infectious disease, chronic and environmental disease, and 

14 other health activities abroad during fiscal year 2016: 

15 (1) The Secretary may exercise authority equiv16 alent to that available to the Secretary of State in 

17 section 2(c) of the State Department Basic Authori18 ties Act of 1956. The Secretary shall consult with 

19 the Secretary of State and relevant Chief of Mission 

20 to ensure that the authority provided in this section 

21 is exercised in a manner consistent with section 207 

22 of the Foreign Service Act of 1980 and other appli23 cable statutes administered by the Department of 

24 State. 


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1 (2) The Secretary is authorized to provide such 

2 funds by advance or reimbursement to the Secretary 

3 of State as may be necessary to pay the costs of ac4 quisition, lease, alteration, renovation, and manage5 ment of facilities outside of the United States for 

6 the use of HHS. The Department of State shall co7 operate fully with the Secretary to ensure that HHS 

8 has secure, safe, functional facilities that comply 

9 with applicable regulation governing location, set10 back, and other facilities requirements and serve the 

11 purposes established by this Act. The Secretary is 

12 authorized, in consultation with the Secretary of 

13 State, through grant or cooperative agreement, to 

14 make available to public or nonprofit private institu15 tions or agencies in participating foreign countries, 

16 funds to acquire, lease, alter, or renovate facilities in 

17 those countries as necessary to conduct programs of 

18 assistance for international health activities, includ19 ing activities relating to HIV/AIDS and other infec20 tious diseases, chronic and environmental diseases, 

21 and other health activities abroad. 

22 (3) The Secretary is authorized to provide to 

23 personnel appointed or assigned by the Secretary to 

24 serve abroad, allowances and benefits similar to 

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1 eign Service Act of 1980, and 22 U.S.C. 4081 

2 through 4086 and subject to such regulations pre3 scribed by the Secretary. The Secretary is further 

4 authorized to provide locality-based comparability 

5 payments (stated as a percentage) up to the amount 

6 of the locality-based comparability payment (stated 

7 as a percentage) that would be payable to such per8 sonnel under section 5304 of title 5, United States 

9 Code if such personnel’s official duty station were in 

10 the District of Columbia. Leaves of absence for per11 sonnel under this subsection shall be on the same 

12 basis as that provided under subchapter I of chapter 

13 63 of title 5, United States Code, or section 903 of 

14 the Foreign Service Act of 1980, to individuals serv15 ing in the Foreign Service. 

16 SEC. 213. Funds which are available for Individual 

17 Learning Accounts for employees of CDC and the Agency 

18 for Toxic Substances and Disease Registry (‘‘ATSDR’’) 

19 may be transferred to appropriate accounts of CDC, to 

20 be available only for Individual Learning Accounts: Pro21 vided, That such funds may be used for any individual 

22 full-time equivalent employee while such employee is em23 ployed either by CDC or ATSDR. 


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1 (TRANSFER OF FUNDS)

2 SEC. 214. The Director of the NIH, jointly with the 

3 Director of the Office of AIDS Research, may transfer up 

4 to 3 percent among institutes and centers from the total 

5 amounts identified by these two Directors as funding for 

6 research pertaining to the human immunodeficiency virus: 

7 Provided, That the Committees on Appropriations of the 

8 House of Representatives and the Senate are notified at 

9 least 15 days in advance of any transfer. 

10 (TRANSFER OF FUNDS)

11 SEC. 215. Of the amounts made available in this Act 

12 for NIH, the amount for research related to the human 

13 immunodeficiency virus, as jointly determined by the Di14 rector of NIH and the Director of the Office of AIDS Re15 search, shall be made available to the ‘‘Office of AIDS 

16 Research’’ account. The Director of the Office of AIDS 

17 Research shall transfer from such account amounts nec18 essary to carry out section 2353(d)(3) of the PHS Act. 

19 SEC. 216. (a) AUTHORITY.—Notwithstanding any 

20 other provision of law, the Director of NIH (‘‘Director’’) 

21 may use funds available under section 402(b)(7) or 

22 402(b)(12) of the PHS Act to enter into transactions 

23 (other than contracts, cooperative agreements, or grants) 

24 to carry out research identified pursuant to such section 


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1 402(b)(7) (pertaining to the Common Fund) or research 

2 and activities described in such section 402(b)(12). 

3 (b) PEER REVIEW.—In entering into transactions 

4 under subsection (a), the Director may utilize such peer 

5 review procedures (including consultation with appropriate 

6 scientific experts) as the Director determines to be appro7 priate to obtain assessments of scientific and technical 

8 merit. Such procedures shall apply to such transactions 

9 in lieu of the peer review and advisory council review pro10 cedures that would otherwise be required under sections 

11 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

12 and 494 of the PHS Act. 

13 SEC. 217. Not to exceed $45,000,000 of funds appro14 priated by this Act to the institutes and centers of the 

15 National Institutes of Health may be used for alteration, 

16 repair, or improvement of facilities, as necessary for the 

17 proper and efficient conduct of the activities authorized 

18 herein, at not to exceed $3,500,000 per project. 

19 (TRANSFER OF FUNDS)

20 SEC. 218. Of the amounts made available for NIH, 

21 1 percent of the amount made available for National Re22 search Service Awards (‘‘NRSA’’) shall be made available 

23 to the Administrator of the Health Resources and Services 

24 Administration to make NRSA awards for research in pri25 mary medical care to individuals affiliated with entities 


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1 who have received grants or contracts under sections 736, 

2 739, or 747 of the PHS Act, and 1 percent of the amount 

3 made available for NRSA shall be made available to the 

4 Director of the Agency for Healthcare Research and Qual5 ity to make NRSA awards for health service research. 

6 SEC. 219. Section 461(b)(1) of the Public Health 

7 Service Act (42 U.S.C. 285k(b)(1)) is amended— 

8 (1) in subparagraph (B), by striking ‘‘and be9 havioral research’’ and all that follows through the 

10 period and inserting ‘‘or behavioral research and are 

11 located in a State that is at or below the median of 

12 all States with respect to the aggregate NIH fund13 ing received by entities in that State.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(D) Entities that are designated as Pri16 marily Undergraduate Institutions and that are 

17 not eligible for funding under the Individuals 

18 with Disabilities Education Act, but that have 

19 been eligible for participation in the National 

20 Science Foundation Experimental Program to 

21 Stimulate Competitive Research (EPSCoR) pro22 gram for the past 2 consecutive years, may 

23 apply to an entity that currently holds an IDeA 

24 Networks of Biomedical Research Excellence 

25 award for inclusion in their Network.’’. 


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1 SEC. 220. Public Law 110–161, division G, title II, 

2 section 223 is amended by inserting, after ‘‘shall be avail3 able’’ and before ‘‘until expended’’, ‘‘to the Office of the 

4 Director, National Institutes of Health’’; striking, after 

5 ‘‘may be available for’’ and before ‘‘, subject to approval’’, 

6 ‘‘such purposes, for capital acquisition necessary to the op7 eration of the Department, including facilities infrastruc8 ture and information technology infrastructure’’, and in9 serting ‘‘all necessary expenses related to carrying out sec10 tion 301 and title IV of the Public Health Service Act’’. 

11 SEC. 221. In addition to amounts provided herein, 

12 payments made for research organisms or substances, au13 thorized under section 301(a) of the PHS Act, shall be 

14 retained and credited to the appropriations accounts of the 

15 Institutes and Centers of the NIH making the substance 

16 or organism available under section 301(a). Amounts cred17 ited to the account under this authority shall be available 

18 for obligation through September 30, 2017. 

19 SEC. 222. (a) The Biomedical Advanced Research 

20 and Development Authority (‘‘BARDA’’) may enter into 

21 a contract, for more than one but no more than 10 pro22 gram years, for purchase of research services or of security 

23 countermeasures, as that term is defined in section 319F– 

24 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 

25 if— 


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1 (1) funds are available and obligated— 

2 (A) for the full period of the contract or 

3 for the first fiscal year in which the contract is 

4 in effect; and 

5 (B) for the estimated costs associated with 

6 a necessary termination of the contract; and 

7 (2) the Secretary determines that a multi-year 

8 contract will serve the best interests of the Federal 

9 Government by encouraging full and open competi10 tion or promoting economy in administration, per11 formance, and operation of BARDA’s programs. 

12 (b) A contract entered into under this section— 

13 (1) shall include a termination clause as de14 scribed by subsection (c) of section 3903 of title 41, 

15 United States Code; and 

16 (2) shall be subject to the congressional notice 

17 requirement stated in subsection (d) of such section. 

18 SEC. 223. (a) The Secretary shall establish a publicly 

19 accessible Web site to provide information regarding the 

20 uses of funds made available under section 4002 of the 

21 Patient Protection and Affordable Care Act of 2010 

22 (‘‘ACA’’). 

23 (b) With respect to funds provided under section 

24 4002 of the ACA, the Secretary shall include on the Web 


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1 site established under subsection (a) at a minimum the 

2 following information: 

3 (1) In the case of each transfer of funds under 

4 section 4002(c), a statement indicating the program 

5 or activity receiving funds, the operating division or 

6 office that will administer the funds, and the 

7 planned uses of the funds, to be posted not later 

8 than the day after the transfer is made. 

9 (2) Identification (along with a link to the full 

10 text) of each funding opportunity announcement, re11 quest for proposals, or other announcement or solici12 tation of proposals for grants, cooperative agree13 ments, or contracts intended to be awarded using 

14 such funds, to be posted not later than the day after 

15 the announcement or solicitation is issued. 

16 (3) Identification of each grant, cooperative 

17 agreement, or contract with a value of $25,000 or 

18 more awarded using such funds, including the pur19 pose of the award and the identity of the recipient, 

20 to be posted not later than 5 days after the award 

21 is made. 

22 (4) A report detailing the uses of all funds 

23 transferred under section 4002(c) during the fiscal 

24 year, to be posted not later than 90 days after the 

25 end of the fiscal year. 


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1 (c) With respect to awards made in fiscal years 2013 

2 through 2016, the Secretary shall also include on the Web 

3 site established under subsection (a), semi-annual reports 

4 from each entity awarded a grant, cooperative agreement, 

5 or contract from such funds with a value of $25,000 or 

6 more, summarizing the activities undertaken and identi7 fying any sub-grants or sub-contracts awarded (including 

8 the purpose of the award and the identity of the recipient), 

9 to be posted not later than 30 days after the end of each 

10 6-month period. 

11 (d) In carrying out this section, the Secretary shall— 

12 (1) present the information required in sub13 section (b)(1) on a single webpage or on a single 

14 database; 

15 (2) ensure that all information required in this 

16 section is directly accessible from the single webpage 

17 or database; and 

18 (3) ensure that all information required in this 

19 section is able to be organized by program or State. 

20 (TRANSFER OF FUNDS)

21 SEC. 224. (a) Within 45 days of enactment of this 

22 Act, the Secretary shall transfer funds appropriated under 

23 section 4002 of the ACA to the accounts specified, in the 

24 amounts specified, and for the activities specified under 


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1 the heading ‘‘Prevention and Public Health Fund’’ in the 

2 report accompanying this Act. 

3 (b) Notwithstanding section 4002(c) of the ACA, the 

4 Secretary may not further transfer these amounts. 

5 (c) Funds transferred for activities authorized under 

6 section 2821 of the PHS Act shall be made available with7 out reference to section 2821(b) of such Act. 

8 SEC. 225. (a) The Secretary shall publish in the fiscal 

9 year 2017 budget justification and on Departmental Web 

10 sites information concerning the employment of full-time 

11 equivalent Federal employees or contractors for the pur12 poses of implementing, administering, enforcing, or other13 wise carrying out the provisions of the ACA, and the 

14 amendments made by that Act, in the proposed fiscal year 

15 and each fiscal year since the enactment of the ACA. 

16 (b) With respect to employees or contractors sup17 ported by all funds appropriated for purposes of carrying 

18 out the ACA (and the amendments made by that Act), 

19 the Secretary shall include, at a minimum, the following 

20 information: 

21 (1) For each such fiscal year, the section of 

22 such Act under which such funds were appropriated, 

23 a statement indicating the program, project, or ac24 tivity receiving such funds, the Federal operating di25 vision or office that administers such program, and 


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1 the amount of funding received in discretionary or 

2 mandatory appropriations. 

3 (2) For each such fiscal year, the number of 

4 full-time equivalent employees or contracted employ5 ees assigned to each authorized and funded provision 

6 detailed in accordance with paragraph (1). 

7 (c) In carrying out this section, the Secretary may 

8 exclude from the report employees or contractors who— 

9 (1) are supported through appropriations en10 acted in laws other than the ACA and work on pro11 grams that existed prior to the passage of the ACA; 

12 (2) spend less than 50 percent of their time on 

13 activities funded by or newly authorized in the ACA; 

14 or 

15 (3) work on contracts for which FTE reporting 

16 is not a requirement of their contract, such as fixed17 price contracts. 

18 SEC. 226. The Secretary shall publish, as part of the 

19 fiscal year 2017 budget of the President submitted under 

20 section 1105(a) of title 31, United States Code, informa21 tion that details the uses of all funds used by the Centers 

22 for Medicare and Medicaid Services specifically for Health 

23 Insurance Exchanges for each fiscal year since the enact24 ment of the ACA and the proposed uses for such funds 

25 for fiscal year 2017. Such information shall include, for 


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1 each such fiscal year, the amount of funds used for each 

2 activity specified under the heading ‘‘Health Insurance 

3 Exchange Transparency’’ in the report accompanying this 

4 Act. 

5 SEC. 227. The Secretary shall provide to the Commit6 tees on Appropriations of the House of Representatives 

7 and the Senate detailed, monthly enrollment figures from 

8 the Exchanges established under the Patient Protection 

9 and Affordable Care Act of 2010 pertaining to enrollments 

10 during the open enrollment period: Provided, That the 

11 Committees on Appropriations of the House of Represent12 atives and the Senate must be notified and provided with 

13 the enrollment figures at least 2 business days in advance 

14 of any public release of the information. 

15 SEC. 228. None of the funds made available by this 

16 Act from the Federal Hospital Insurance Trust Fund or 

17 the Federal Supplemental Medical Insurance Trust Fund, 

18 or transferred from other accounts funded by this Act to 

19 the ‘‘Centers for Medicare and Medicaid Services—Pro20 gram Management’’ account, may be used for payments 

21 under section 1342(b)(1) of Public Law 111–148 (relating 

22 to risk corridors). 

23 SEC. 229. None of the funds made available by this 

24 Act from the Federal Hospital Insurance Trust Fund or 

25 the Federal Supplemental Medical Insurance Trust Fund, 


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1 or transferred from other accounts funded by this Act to 

2 the ‘‘Centers for Medicare and Medicaid Services—Pro3 gram Management’’ account, may be used to support the 

4 operation of an Exchange established under section 1311 

5 of Public Law 111–148. 

6 SEC. 230. None of the funds appropriated in this Act 

7 may be used to issue, promulgate, or otherwise implement 

8 the 2015 Dietary Guidelines for Americans edition unless 

9 the information and guidelines in the report are solely nu10 tritional and dietary in nature; and based only on a pre11 ponderance of nutritional and dietary scientific evidence 

12 and not extraneous information. 

13 (RESCISSION)

14 SEC. 231. The following unobligated balances of 

15 amounts appropriated prior to fiscal year 2007 for ‘‘De16 partment of Health and Human Services, Health Re17 sources and Services Administration’’ are hereby re18 scinded: 

19 (1) $281,003 appropriated to carry out section 

20 1610(b) of the PHS Act; 

21 (2) $3,611 appropriated to carry out section 

22 1602(c) of the PHS Act; 

23 (3) $105,576 appropriated in section 167 of di24 vision H of Public Law 108–199; and 


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1 (4) $55,793 appropriated to carry out the Na2 tional Cord Blood Stem Cell Bank Program. 

3 (RESCISSION)

4 SEC. 232. Of the funds made available under prior 

5 year Appropriation Acts for the Centers for Disease Con6 trol and Prevention for Individual Learning Accounts, 

7 $12,592,000 are hereby rescinded. 

8 (RESCISSION)

9 SEC. 233. Of the unobligated balances available from 

10 prior appropriations Acts under the heading ‘‘Department 

11 of Health and Human Services—Administration for Chil12 dren and Families—Refugee and Entrant Assistance’’ for 

13 carrying out section 462 of the Homeland Security Act 

14 of 2002 and section 235 of William Wilberforce Traf15 ficking Victims Protection Reauthorization Act of 2008, 

16 $250,000,000 are hereby rescinded. 

17 This title may be cited as the ‘‘Department of Health 

18 and Human Services Appropriations Act, 2016’’. 

19 TITLE III 

20 DEPARTMENT OF EDUCATION 

21 EDUCATION FOR THE DISADVANTAGED

22 For carrying out title I of the Elementary and Sec23 ondary Education Act of 1965 (referred to in this Act as 

24 ‘‘ESEA’’) and section 418A of the Higher Education Act 

25 of 1965 (referred to in this Act as ‘‘HEA’’), 


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1 $15,455,802,000, of which $4,575,641,000 shall become 

2 available on July 1, 2016, and shall remain available 

3 through September 30, 2017, and of which 

4 $10,841,177,000 shall become available on October 1, 

5 2016, and shall remain available through September 30, 

6 2017, for academic year 2016–2017: Provided, That 

7 $6,459,401,000 shall be for basic grants under section 

8 1124 of the ESEA: Provided further, That up to 

9 $3,984,000 of these funds shall be available to the Sec10 retary of Education (referred to in this title as ‘‘Sec11 retary’’) on October 1, 2015, to obtain annually updated 

12 local educational agency-level census poverty data from 

13 the Bureau of the Census: Provided further, That 

14 $1,362,301,000 shall be for concentration grants under 

15 section 1124A of the ESEA: Provided further, That 

16 $3,369,050,000 shall be for targeted grants under section 

17 1125 of the ESEA: Provided further, That 

18 $3,369,050,000 shall be for education finance incentive 

19 grants under section 1125A of the ESEA: Provided fur20 ther, That funds available under sections 1124, 1124A, 

21 1125 and 1125A of the ESEA may be used to provide 

22 homeless children and youths with services not ordinarily 

23 provided to other students under those sections, including 

24 supporting the liaison designated pursuant to section 

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1 ance Act, and providing transportation pursuant to section 

2 722(g)(1)(J)(iii) of such Act: Provided further, That 

3 $450,000,000 shall be available for school improvement 

4 grants under section 1003(g) of the ESEA, which shall 

5 be allocated by the Secretary through the formula de6 scribed in section 1003(g)(2) and shall be used consistent 

7 with the requirements of section 1003(g), except that 

8 State and local educational agencies may use such funds 

9 to serve any school eligible to receive assistance under part 

10 A of title I that has not made adequate yearly progress 

11 for at least 2 years or is in the State’s lowest quintile of 

12 performance based on proficiency rates and, in the case 

13 of secondary schools, priority shall be given to those 

14 schools with graduation rates below 60 percent: Provided 

15 further, That notwithstanding section 1003(g)(5)(C) of 

16 the ESEA, the Secretary may permit a State educational 

17 agency to establish an award period of up to 5 years for 

18 each participating local educational agency: Provided fur19 ther, That funds available for school improvement grants 

20 for fiscal year 2014 and thereafter may be used by a local 

21 educational agency to implement a whole-school reform 

22 strategy for a school using an evidence-based strategy that 

23 ensures whole-school reform is undertaken in partnership 

24 with a strategy developer offering a whole-school reform 

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1 dence that the program will have a statistically significant 

2 effect on student outcomes, including at least one well3 designed and well-implemented experimental or quasi-ex4 perimental study: Provided further, That funds available 

5 for school improvement grants may be used by a local edu6 cational agency to implement an alternative State-deter7 mined school improvement strategy that has been estab8 lished by a State educational agency with the approval of 

9 the Secretary: Provided further, That a local educational 

10 agency that is determined to be eligible for services under 

11 subpart 1 or 2 of part B of title VI of the ESEA may 

12 modify not more than one element of a school improve13 ment grant model: Provided further, That notwithstanding 

14 section 1003(g)(5)(A), each State educational agency may 

15 establish a maximum subgrant size of not more than 

16 $2,000,000 for each participating school applicable to 

17 such funds: Provided further, That the Secretary may re18 serve up to 5 percent of the funds available for section 

19 1003(g) of the ESEA to carry out activities to build State 

20 and local educational agency capacity to implement effec21 tively the school improvement grants program: Provided 

22 further, That $35,000,000 shall be for carrying out section 

23 418A of the HEA. 


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1 IMPACT AID

2 For carrying out programs of financial assistance to 

3 federally affected schools authorized by title VIII of the 

4 ESEA, $1,288,603,000, of which $1,151,233,000 shall be 

5 for basic support payments under section 8003(b), 

6 $48,316,000 shall be for payments for children with dis7 abilities under section 8003(d), $17,406,000 shall be for 

8 construction under section 8007(b) and be available for 

9 obligation through September 30, 2017, $66,813,000 shall 

10 be for Federal property payments under section 8002, and 

11 $4,835,000, to remain available until expended, shall be 

12 for facilities maintenance under section 8008: Provided, 

13 That for purposes of computing the amount of a payment 

14 for an eligible local educational agency under section 

15 8003(a) for school year 2015–2016, children enrolled in 

16 a school of such agency that would otherwise be eligible 

17 for payment under section 8003(a)(1)(B) of such Act, but 

18 due to the deployment of both parents or legal guardians, 

19 or a parent or legal guardian having sole custody of such 

20 children, or due to the death of a military parent or legal 

21 guardian while on active duty (so long as such children 

22 reside on Federal property as described in section 

23 8003(a)(1)(B)), are no longer eligible under such section, 

24 shall be considered as eligible students under such section, 

25 provided such students remain in average daily attendance 


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1 at a school in the same local educational agency they at2 tended prior to their change in eligibility status. 

3 SCHOOL IMPROVEMENT PROGRAMS

4 For carrying out school improvement activities au5 thorized by parts A and B of title II, part B of title IV, 

6 parts A and B of title VI, and parts B and C of title VII 

7 of the ESEA; the McKinney-Vento Homeless Assistance 

8 Act; section 203 of the Educational Technical Assistance 

9 Act of 2002; the Compact of Free Association Amend10 ments Act of 2003; and the Civil Rights Act of 1964, 

11 $4,134,746,000, of which $2,326,181,000 shall become 

12 available on July 1, 2016, and remain available through 

13 September 30, 2017, and of which $1,681,441,000 shall 

14 become available on October 1, 2016, and shall remain 

15 available through September 30, 2017, for academic year 

16 2016–2017: Provided, That funds made available to carry 

17 out part B of title VII of the ESEA may be used for con18 struction, renovation, and modernization of any elemen19 tary school, secondary school, or structure related to an 

20 elementary school or secondary school, run by the Depart21 ment of Education of the State of Hawaii, that serves a 

22 predominantly Native Hawaiian student body: Provided 

23 further, That funds made available to carry out part C 

24 of title VII of the ESEA shall be awarded on a competitive 

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1 ther, That $40,000,000 shall be available to carry out sec2 tion 203 of the Educational Technical Assistance Act of 

3 2002 and the Secretary shall make such arrangements as 

4 determined to be necessary to ensure that the Bureau of 

5 Indian Education has access to services provided under 

6 this section: Provided further, That $16,699,000 shall be 

7 available to carry out the Supplemental Education Grants 

8 program for the Federated States of Micronesia and the 

9 Republic of the Marshall Islands: Provided further, That 

10 the Secretary may reserve up to 5 percent of the amount 

11 referred to in the previous proviso to provide technical as12 sistance in the implementation of these grants: Provided 

13 further, That up to 5.0 percent of the funds for subpart 

14 1 of part A of title II of the ESEA shall be reserved by 

15 the Secretary for competitive awards for teacher or prin16 cipal recruitment and training or professional enhance17 ment activities, including for civic education instruction, 

18 to national not-for-profit organizations, of which up to 8 

19 percent may only be used for research, dissemination, eval20 uation, and technical assistance for competitive awards 

21 carried out under this proviso: Provided further, That 

22 $141,299,000 shall be to carry out part B of title II of 

23 the ESEA. 


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1 INDIAN EDUCATION

2 For expenses necessary to carry out, to the extent 

3 not otherwise provided, title VII, part A of the ESEA, 

4 $123,939,000. 

5 INNOVATION AND IMPROVEMENT

6 For carrying out activities authorized by part G of 

7 title I, part D of title II, parts B, C, and D of title V 

8 of the ESEA, $694,616,000: Provided, That 

9 $225,000,000 of the funds for subpart 1 of part D of title 

10 V of the ESEA shall be for competitive grants to local 

11 educational agencies, including charter schools that are 

12 local educational agencies, or States, or partnerships of: 

13 (1) a local educational agency, a State, or both; and (2) 

14 at least one nonprofit organization to develop and imple15 ment performance-based compensation systems for teach16 ers, principals, and other personnel in high-need schools: 

17 Provided further, That such performance-based compensa18 tion systems must consider gains in student academic 

19 achievement as well as classroom evaluations conducted 

20 multiple times during each school year among other fac21 tors and provide educators with incentives to take on addi22 tional responsibilities and leadership roles: Provided fur23 ther, That recipients of such grants shall demonstrate that 

24 such performance-based compensation systems are devel25 oped with the input of teachers and school leaders in the 


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1 schools and local educational agencies to be served by the 

2 grant: Provided further, That recipients of such grants 

3 may use such funds to develop or improve systems and 

4 tools (which may be developed and used for the entire local 

5 educational agency or only for schools served under the 

6 grant) that would enhance the quality and success of the 

7 compensation system, such as high-quality teacher evalua8 tions and tools to measure growth in student achievement: 

9 Provided further, That applications for such grants shall 

10 include a plan to sustain financially the activities con11 ducted and systems developed under the grant once the 

12 grant period has expired: Provided further, That up to 5 

13 percent of such funds for competitive grants shall be avail14 able for technical assistance, training, peer review of appli15 cations, program outreach, and evaluation activities: Pro16 vided further, That of the funds available for part B of 

17 title V of the ESEA, the Secretary shall use up to 

18 $9,000,000 to carry out activities under section 5205(b) 

19 and shall use not less than $13,000,000 for subpart 2: 

20 Provided further, That of the funds available for subpart 

21 1 of part B of title V of the ESEA, and notwithstanding 

22 section 5205(a), the Secretary shall reserve up to 

23 $85,000,000 to make multiple awards to nonprofit charter 

24 management organizations and other entities that are not 

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1 cessful charter school models and shall reserve not less 

2 than $11,000,000 to carry out the activities described in 

3 section 5205(a), including improving quality and oversight 

4 of charter schools and providing technical assistance and 

5 grants to authorized public chartering agencies in order 

6 to increase the number of high-performing charter schools: 

7 Provided further, That funds available for part B of title 

8 V of the ESEA may be used for grants that support pre9 school education in charter schools: Provided further, That 

10 each application submitted pursuant to section 5203(a) 

11 shall describe a plan to monitor and hold accountable au12 thorized public chartering agencies through such activities 

13 as providing technical assistance or establishing a profes14 sional development program, which may include evalua15 tion, planning, training, and systems development for staff 

16 of authorized public chartering agencies to improve the ca17 pacity of such agencies in the State to authorize, monitor, 

18 and hold accountable charter schools: Provided further, 

19 That each application submitted pursuant to section 

20 5203(a) shall contain assurances that State law, regula21 tions, or other policies require that: (1) each authorized 

22 charter school in the State operate under a legally binding 

23 charter or performance contract between itself and the 

24 school’s authorized public chartering agency that describes 

25 the rights and responsibilities of the school and the public 


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1 chartering agency; conduct annual, timely, and inde2 pendent audits of the school’s financial statements that 

3 are filed with the school’s authorized public chartering 

4 agency; and demonstrate improved student academic 

5 achievement; and (2) authorized public chartering agen6 cies use increases in student academic achievement for all 

7 groups of students described in section 1111(b)(2)(C)(v) 

8 of the ESEA as one of the most important factors when 

9 determining to renew or revoke a school’s charter. 

10 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

11 For carrying out activities authorized by part A of 

12 title IV and subparts 1 and 2 of part D of title V of the 

13 ESEA, $120,314,000: Provided, That $60,000,000 shall 

14 be available for subpart 2 of part A of title IV, of which 

15 up to $5,000,000, to remain available until expended, shall 

16 be for the Project School Emergency Response to Violence 

17 (‘‘Project SERV’’) program to provide education-related 

18 services to local educational agencies and institutions of 

19 higher education in which the learning environment has 

20 been disrupted due to a violent or traumatic crisis: Pro21 vided further, That $37,000,000 shall be available through 

22 December 31, 2016 for Promise Neighborhoods. 

23 ENGLISH LANGUAGE ACQUISITION

24 For carrying out part A of title III of the ESEA, 

25 $712,021,000, which shall become available on July 1, 


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1 2016, and shall remain available through September 30, 

2 2017, except that 6.5 percent of such amount shall be 

3 available on October 1, 2015, and shall remain available 

4 through September 30, 2017, to carry out activities under 

5 section 3111(c)(1)(C): Provided, That the Secretary shall 

6 use estimates of the American Community Survey child 

7 counts for the most recent 3-year period available to cal8 culate allocations under such part. 

9 SPECIAL EDUCATION

10 For carrying out the Individuals with Disabilities 

11 Education Act (IDEA) and the Special Olympics Sport 

12 and Empowerment Act of 2004, $12,636,817,000, of 

13 which $3,131,259,000 shall become available on July 1, 

14 2016, and shall remain available through September 30, 

15 2017, and of which $9,283,383,000 shall become available 

16 on October 1, 2016, and shall remain available through 

17 September 30, 2017, for academic year 2016–2017: Pro18 vided, That the amount for section 611(b)(2) of the IDEA 

19 shall be equal to the lesser of the amount available for 

20 that activity during fiscal year 2015, increased by the 

21 amount of inflation as specified in section 619(d)(2)(B) 

22 of the IDEA, or the percent change in the funds appro23 priated under section 611(i) of the IDEA, but not less 

24 than the amount for that activity during fiscal year 2015: 

25 Provided further, That the Secretary shall, without regard 


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1 to section 611(d) of the IDEA, distribute to all other 

2 States (as that term is defined in section 611(g)(2)), sub3 ject to the third proviso, any amount by which a State’s 

4 allocation under section 611(d), from funds appropriated 

5 under this heading, is reduced under section 

6 612(a)(18)(B), according to the following: 85 percent on 

7 the basis of the States’ relative populations of children 

8 aged 3 through 21 who are of the same age as children 

9 with disabilities for whom the State ensures the avail10 ability of a free appropriate public education under this 

11 part, and 15 percent to States on the basis of the States’ 

12 relative populations of those children who are living in pov13 erty: Provided further, That the Secretary may not dis14 tribute any funds under the previous proviso to any State 

15 whose reduction in allocation from funds appropriated 

16 under this heading made funds available for such a dis17 tribution: Provided further, That the States shall allocate 

18 such funds distributed under the second proviso to local 

19 educational agencies in accordance with section 611(f): 

20 Provided further, That the amount by which a State’s allo21 cation under section 611(d) of the IDEA is reduced under 

22 section 612(a)(18)(B) and the amounts distributed to 

23 States under the previous provisos in fiscal year 2012 or 

24 any subsequent year shall not be considered in calculating 

25 the awards under section 611(d) for fiscal year 2013 or 


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1 for any subsequent fiscal years: Provided further, That, 

2 notwithstanding the provision in section 612(a)(18)(B) re3 garding the fiscal year in which a State’s allocation under 

4 section 611(d) is reduced for failure to comply with the 

5 requirement of section 612(a)(18)(A), the Secretary may 

6 apply the reduction specified in section 612(a)(18)(B) over 

7 a period of consecutive fiscal years, not to exceed five, 

8 until the entire reduction is applied: Provided further, 

9 That the Secretary may, in any fiscal year in which a 

10 State’s allocation under section 611 is reduced in accord11 ance with section 612(a)(18)(B), reduce the amount a 

12 State may reserve under section 611(e)(1) by an amount 

13 that bears the same relation to the maximum amount de14 scribed in that paragraph as the reduction under section 

15 612(a)(18)(B) bears to the total allocation the State 

16 would have received in that fiscal year under section 

17 611(d) in the absence of the reduction: Provided further, 

18 That the Secretary shall either reduce the allocation of 

19 funds under section 611 for any fiscal year following the 

20 fiscal year for which the State fails to comply with the 

21 requirement of section 612(a)(18)(A) as authorized by 

22 section 612(a)(18)(B), or seek to recover funds under sec23 tion 452 of the General Education Provisions Act (20 

24 U.S.C. 1234a): Provided further, That the funds reserved 

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1 nical assistance to States to improve the capacity of the 

2 States to meet the data collection requirements of sections 

3 616 and 618 and to administer and carry out other serv4 ices and activities to improve data collection, coordination, 

5 quality, and use under parts B and C of the IDEA: Pro6 vided further, That the level of effort a local educational 

7 agency must meet under section 613(a)(2)(A)(iii) of the 

8 IDEA, in the year after it fails to maintain effort is the 

9 level of effort that would have been required in the absence 

10 of that failure and not the LEA’s reduced level of expendi11 tures: Provided further, That the Secretary may use funds 

12 made available for the State Personnel Development 

13 Grants program under part D, subpart 1 of IDEA to 

14 evaluate program performance under such subpart. 

15 REHABILITATION SERVICES AND DISABILITY RESEARCH

16 For carrying out, to the extent not otherwise pro17 vided, the Rehabilitation Act of 1973 and the Helen Keller 

18 National Center Act, $3,487,864,000, of which 

19 $3,391,770,000 shall be for grants for vocational rehabili20 tation services under title I of the Rehabilitation Act: Pro21 vided, That the Secretary may use amounts provided in 

22 this Act that remain available subsequent to the reallot23 ment of funds to States pursuant to section 110(b) of the 

24 Rehabilitation Act for innovative activities aimed at im25 proving the outcomes of individuals with disabilities as deVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 fined in section 7(20)(B) of the Rehabilitation Act, includ2 ing activities aimed at improving the education and post3 school outcomes of children receiving Supplemental Secu4 rity Income (‘‘SSI’’) and their families that may result 

5 in long-term improvement in the SSI child recipient’s eco6 nomic status and self-sufficiency: Provided further, That 

7 States may award subgrants for a portion of the funds 

8 to other public and private, nonprofit entities: Provided 

9 further, That any funds made available subsequent to real10 lotment for innovative activities aimed at improving the 

11 outcomes of individuals with disabilities shall remain avail12 able until September 30, 2017. 

13 SPECIAL INSTITUTIONS FOR PERSONS WITH

14 DISABILITIES

15 AMERICAN PRINTING HOUSE FOR THE BLIND

16 For carrying out the Act of March 3, 1879, 

17 $24,931,000. 

18 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

19 For the National Technical Institute for the Deaf 

20 under titles I and II of the Education of the Deaf Act 

21 of 1986, $69,016,000: Provided, That from the total 

22 amount available, the Institute may at its discretion use 

23 funds for the endowment program as authorized under 

24 section 207 of such Act. 


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1 GALLAUDET UNIVERSITY

2 For the Kendall Demonstration Elementary School, 

3 the Model Secondary School for the Deaf, and the partial 

4 support of Gallaudet University under titles I and II of 

5 the Education of the Deaf Act of 1986, $120,275,000: 

6 Provided, That from the total amount available, the Uni7 versity may at its discretion use funds for the endowment 

8 program as authorized under section 207 of such Act. 

9 CAREER, TECHNICAL, AND ADULT EDUCATION

10 For carrying out, to the extent not otherwise pro11 vided, the Carl D. Perkins Career and Technical Edu12 cation Act of 2006 and the Adult Education and Family 

13 Literacy Act (‘‘AEFLA’’), $1,669,731,000, of which 

14 $878,731,000 shall become available on July 1, 2016, and 

15 shall remain available through September 30, 2017, and 

16 of which $791,000,000 shall become available on October 

17 1, 2016, and shall remain available through September 30, 

18 2017: Provided, That of the amounts made available for 

19 AEFLA, $7,712,000 shall be for national leadership ac20 tivities under section 242. 

21 STUDENT FINANCIAL ASSISTANCE

22 For carrying out subparts 1, 3, and 10 of part A, 

23 and part C of title IV of the HEA, $24,129,352,000, 

24 which shall remain available through September 30, 2017. 


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1 The maximum Pell Grant for which a student shall 

2 be eligible during award year 2016–2017 shall be $4,860. 

3 STUDENT AID ADMINISTRATION

4 For Federal administrative expenses to carry out part 

5 D of title I, and subparts 1, 3, 9, and 10 of part A, and 

6 parts B, C, D, and E of title IV of the HEA, and subpart 

7 1 of part A of title VII of the Public Health Service Act, 

8 $1,361,700,000, to remain available through September 

9 30, 2017: Provided, That the Secretary shall, no later than 

10 December 31, 2015, allocate no less than 50 percent of 

11 new student loan borrower accounts among eligible not12 for-profit student loan servicers, excluding those eligible 

13 as title IV additional servicers. 

14 HIGHER EDUCATION

15 For carrying out, to the extent not otherwise pro16 vided, titles II, III, IV, V, VI, and VII of the HEA, the 

17 Mutual Educational and Cultural Exchange Act of 1961, 

18 and section 117 of the Carl D. Perkins Career and Tech19 nical Education Act of 2006, $1,783,510,000: Provided, 

20 That notwithstanding any other provision of law, funds 

21 made available in this Act to carry out title VI of the HEA 

22 and section 102(b)(6) of the Mutual Educational and Cul23 tural Exchange Act of 1961 may be used to support visits 

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1 national studies in areas that are vital to United States 

2 national security and who plan to apply their language 

3 skills and knowledge of these countries in the fields of gov4 ernment, the professions, or international development: 

5 Provided further, That of the funds referred to in the pre6 ceding proviso up to 1 percent may be used for program 

7 evaluation, national outreach, and information dissemina8 tion activities: Provided further, That up to 1.5 percent 

9 of the funds made available under chapter 2 of subpart 

10 2 of part A of title IV of the HEA may be used for evalua11 tion. 

12 HOWARD UNIVERSITY

13 For partial support of Howard University, 

14 $219,500,000, of which not less than $3,350,000 shall be 

15 for a matching endowment grant pursuant to the Howard 

16 University Endowment Act and shall remain available 

17 until expended. 

18 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

19 PROGRAM

20 For Federal administrative expenses to carry out ac21 tivities related to existing facility loans pursuant to section 

22 121 of the HEA, $435,000. 


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1 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

2 CAPITAL FINANCING PROGRAM ACCOUNT

3 For the cost of guaranteed loans, $19,096,000, as au4 thorized pursuant to part D of title III of the HEA, which 

5 shall remain available through September 30, 2017: Pro6 vided, That such costs, including the cost of modifying 

7 such loans, shall be as defined in section 502 of the Con8 gressional Budget Act of 1974: Provided further, That 

9 these funds are available to subsidize total loan principal, 

10 any part of which is to be guaranteed, not to exceed 

11 $303,593,000: Provided further, That these funds may be 

12 used to support loans to public and private Historically 

13 Black Colleges and Universities without regard to the limi14 tations within section 344(a) of the HEA. 

15 In addition, for administrative expenses to carry out 

16 the Historically Black College and University Capital Fi17 nancing Program entered into pursuant to part D of title 

18 III of the HEA, $334,000. 

19 INSTITUTE OF EDUCATION SCIENCES

20 For carrying out activities authorized by the Edu21 cation Sciences Reform Act of 2002, the National Assess22 ment of Educational Progress Authorization Act, section 

23 208 of the Educational Technical Assistance Act of 2002, 

24 and section 664 of the Individuals with Disabilities Edu25 cation Act, $562,978,000, which shall remain available 


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1 through September 30, 2017: Provided, That funds avail2 able to carry out section 208 of the Educational Technical 

3 Assistance Act may be used to link Statewide elementary 

4 and secondary data systems with early childhood, postsec5 ondary, and workforce data systems, or to further develop 

6 such systems: Provided further, That up to $6,000,000 of 

7 the funds available to carry out section 208 of the Edu8 cational Technical Assistance Act may be used for awards 

9 to public or private organizations or agencies to support 

10 activities to improve data coordination, quality, and use 

11 at the local, State, and national levels: Provided further, 

12 That $137,235,000 shall be for carrying out activities au13 thorized by the National Assessment of Educational 

14 Progress Authorization Act. 

15 DEPARTMENTAL MANAGEMENT

16 PROGRAM ADMINISTRATION

17 For carrying out, to the extent not otherwise pro18 vided, the Department of Education Organization Act, in19 cluding rental of conference rooms in the District of Co20 lumbia and hire of three passenger motor vehicles, 

21 $391,326,000, of which up to $1,000,000, to remain avail22 able until expended, shall be for relocation of, and renova23 tion of buildings occupied by, Department staff. 


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1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil 

3 Rights, as authorized by section 203 of the Department 

4 of Education Organization Act, $100,000,000. 

5 OFFICE OF INSPECTOR GENERAL

6 For expenses necessary for the Office of Inspector 

7 General, as authorized by section 212 of the Department 

8 of Education Organization Act, $57,791,000. 

9 GENERAL PROVISIONS

10 SEC. 301. No funds appropriated in this Act may be 

11 used for the transportation of students or teachers (or for 

12 the purchase of equipment for such transportation) in 

13 order to overcome racial imbalance in any school or school 

14 system, or for the transportation of students or teachers 

15 (or for the purchase of equipment for such transportation) 

16 in order to carry out a plan of racial desegregation of any 

17 school or school system. 

18 SEC. 302. None of the funds contained in this Act 

19 shall be used to require, directly or indirectly, the trans20 portation of any student to a school other than the school 

21 which is nearest the student’s home, except for a student 

22 requiring special education, to the school offering such 

23 special education, in order to comply with title VI of the 

24 Civil Rights Act of 1964. For the purpose of this section 

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1 cludes the transportation of students to carry out a plan 

2 involving the reorganization of the grade structure of 

3 schools, the pairing of schools, or the clustering of schools, 

4 or any combination of grade restructuring, pairing, or 

5 clustering. The prohibition described in this section does 

6 not include the establishment of magnet schools. 

7 SEC. 303. No funds appropriated in this Act may be 

8 used to prevent the implementation of programs of vol9 untary prayer and meditation in the public schools. 

10 (TRANSFER OF FUNDS)

11 SEC. 304. Not to exceed 1 percent of any discre12 tionary funds (pursuant to the Balanced Budget and 

13 Emergency Deficit Control Act of 1985) which are appro14 priated for the Department of Education in this Act may 

15 be transferred between appropriations, but no such appro16 priation shall be increased by more than 3 percent by any 

17 such transfer: Provided, That the transfer authority 

18 granted by this section shall not be used to create any 

19 new program or to fund any project or activity for which 

20 no funds are provided in this Act: Provided further, That 

21 the Committees on Appropriations of the House of Rep22 resentatives and the Senate are notified at least 15 days 

23 in advance of any transfer. 


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1 SEC. 305. The Outlying Areas may consolidate funds 

2 received under this Act, pursuant to 48 U.S.C. 1469a, 

3 under part A of title V of the ESEA. 

4 SEC. 306. Section 105(f)(1)(B)(ix) of the Compact 

5 of Free Association Amendments Act of 2003 (48 U.S.C. 

6 1921d(f)(1)(B)(ix)) shall be applied by substituting 

7 ‘‘2016’’ for ‘‘2009’’. 

8 SEC. 307. The Secretary, in consultation with the Di9 rector of the Institute of Education Sciences, may reserve 

10 funds under section 9601 of the ESEA (subject to the lim11 itations in subsections (b) and (c) of that section) in order 

12 to carry out activities authorized under paragraphs (1) 

13 and (2) of subsection (a) of that section with respect to 

14 any ESEA program funded in this Act and without re15 spect to the source of funds for those activities: Provided, 

16 That high-quality evaluations of ESEA programs shall be 

17 prioritized, before using funds for any other evaluation ac18 tivities: Provided further, That any funds reserved under 

19 this section shall be available from July 1, 2016 through 

20 September 30, 2017: Provided further, That not later than 

21 10 days prior to the initial obligation of funds reserved 

22 under this section, the Secretary, in consultation with the 

23 Director, shall submit an evaluation plan to the Senate 

24 Committees on Appropriations and Health, Education, 

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1 propriations and Education and the Workforce which 

2 identifies the source and amount of funds reserved under 

3 this section, the impact on program grantees if funds are 

4 withheld, the programs to be evaluated with such funds, 

5 how ESEA programs will be regularly evaluated, and how 

6 findings from evaluations completed under this section will 

7 be widely disseminated. 

8 SEC. 308. (a) An institution of higher education that 

9 maintains an endowment fund supported with funds ap10 propriated for title III or V of the HEA for fiscal year 

11 2016 or any prior fiscal year may use the income from 

12 that fund to award scholarships to students, subject to the 

13 limitation in section 331(c)(3)(B)(i) of the HEA. The use 

14 of such income for such purposes, prior to the enactment 

15 of this Act, shall be considered to have been an allowable 

16 use of that income, subject to that limitation. 

17 (b) Subsection (a) shall be in effect until titles III 

18 and V of the HEA are reauthorized. 

19 (RESCISSION)

20 SEC. 309. Of the unobligated balances available from 

21 Public Law 113–235 under the heading ‘‘Student Finan22 cial Assistance’’ for carrying out subpart 1 of part A of 

23 title IV of the HEA, $300,000,000 are hereby rescinded. 

24 SEC. 310. None of the funds made available by this 

25 Act may be used to— 


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1 (1) implement, administer, or enforce sections 

2 600.10(c), 600.20(d), 668.6 and 668.7 of title 34, 

3 Code of Federal Regulations (relating to gainful em4 ployment) as added or amended by the final regula5 tions published by the Department of Education on 

6 October 31, 2014 (79 Fed. Reg. 64889 et seq.), or 

7 promulgate any new regulation with respect to the 

8 definition or application of the term ‘‘gainful em9 ployment’’ in the Higher Education Act of 1965; 

10 (2) implement, administer, or enforce sections 

11 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, or 

12 668.43(b) of title 34, Code of Federal Regulations 

13 (relating to state authorization), as added or amend14 ed by the final regulations published by the Depart15 ment of Education in the Federal Register on Octo16 ber 29, 2010 (75 Fed. Reg. 66832 et seq.) or pro17 mulgate any new regulation with respect to the 

18 State authorization for institutions of higher edu19 cation to operate within a State; 

20 (3) implement, administer, or enforce the defi21 nition of the term ‘‘credit hour’’ in section 600.2 of 

22 title 34, Code of Federal Regulations, as added by 

23 the final regulations published by the Department of 

24 Education in the Federal Register on October 29, 

25 2010 (75 Fed. Reg. 66946) and clauses (i)(A), (ii), 


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1 and (iii) of subsection (k)(2) of section 668.8 of 

2 such title, as amended by such final regulations (75 

3 Fed. Reg. 66949 et seq.), or promulgate any new 

4 regulation with respect to the definition of the term 

5 ‘‘credit hour’’ for any purpose under the Higher 

6 Education Act; 

7 (4) carry out, develop, refine, promulgate, pub8 lish, implement, administer, or enforce a postsec9 ondary institution ratings system or any other per10 formance system to rate institutions of higher edu11 cation (as defined in section 102 of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1002); or 

13 (5) promulgate, implement, administer, or en14 force the proposed rule establishing a teacher prepa15 ration program accountability system as published 

16 by the Department of Education in the Federal Reg17 ister on December 3, 2014 (79 Fed. Reg. 71819 et 

18 seq.), or any new regulation with respect to a teach19 er preparation program accountability system: 

20 Provided, That this section shall no longer apply upon en21 actment of a law that extends by not less than 2 fiscal 

22 years the authorization or duration of one or more pro23 grams under the Higher Education Act of 1965. 


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1 SEC. 311. None of the funds in this Act may be used 

2 to (including as a condition of any waiver provided under 

3 section 9401 of the ESEA)— 

4 (1) mandate, direct, or control a State, local 

5 educational agency, or school’s curriculum, program 

6 of instruction, instructional content, specific aca7 demic standards or assessments; 

8 (2) incentivize a State, local educational agency, 

9 or school to adopt any specific instructional content, 

10 academic standards, academic assessments, cur11 riculum, or program of instruction, including by pro12 viding any priority, preference, or special consider13 ation during the application process for any grant, 

14 contract, or cooperative agreement that is based on 

15 the adoption of any specific instructional content, 

16 academic standards, academic assessments, cur17 riculum, or program of instruction; or 

18 (3) make financial support available in a man19 ner that is conditioned upon a State, local edu20 cational agency, or school’s adoption of any specific 

21 instructional content, academic standards, academic 

22 assessments, curriculum, or program of instruction 

23 (such as the Common Core State Standards devel24 oped under the Common Core State Standards Ini25 tiative, any other standards common to a significant 


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1 number of States, or any specific assessment, in2 structional content, or curriculum aligned to such 

3 standards). 

4 SEC. 312. CAREER PATHWAYS PROGRAMS.— 

5 (1) Subsection (d) of section 484 of the HEA 

6 is amended by replacing (d)(2) with the following: 

7 ‘‘(2) ELIGIBLE CAREER PATHWAY PROGRAM.— 

8 In this subsection, the term ‘eligible career pathway 

9 program’ means a program that combines rigorous 

10 and high-quality education, training, and other serv11 ices that— 

12 ‘‘(A) aligns with the skill needs of indus13 tries in the economy of the State or regional 

14 economy involved; 

15 ‘‘(B) prepares an individual to be success16 ful in any of a full range of secondary or post17 secondary education options, including appren18 ticeships registered under the Act of August 16, 

19 1937 (commonly known as the ‘National Ap20 prenticeship Act’; 50 Stat. 664, chapter 663; 29 

21 U.S.C. 50 et seq.) (referred to individually in 

22 this Act as an ‘apprenticeship’, except in sec23 tion 171); 


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1 ‘‘(C) includes counseling to support an in2 dividual in achieving the individual’s education 

3 and career goals; 

4 ‘‘(D) includes, as appropriate, education 

5 offered concurrently with and in the same con6 text as workforce preparation activities and 

7 training for a specific occupation or occupa8 tional cluster; 

9 ‘‘(E) organizes education, training, and 

10 other services to meet the particular needs of 

11 an individual in a manner that accelerates the 

12 educational and career advancement of the indi13 vidual to the extent practicable; 

14 ‘‘(F) enables an individual to attain a sec15 ondary school diploma or its recognized equiva16 lent, and at least 1 recognized postsecondary 

17 credential; and 

18 ‘‘(G) helps an individual enter or advance 

19 within a specific occupation or occupational 

20 cluster.’’. 

21 (2) Subsection (b) of section 401 of the HEA 

22 is amended by striking the addition to (b)(2)(A)(ii) 

23 made by subsection 309(b) of division G of Public 

24 Law 113–235. 


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1 This title may be cited as the ‘‘Department of Edu2 cation Appropriations Act, 2016’’. 

3 TITLE IV 

4 RELATED AGENCIES 

5 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

6 BLIND OR SEVERELY DISABLED

7 SALARIES AND EXPENSES

8 For expenses necessary for the Committee for Pur9 chase From People Who Are Blind or Severely Disabled 

10 established by Public Law 92–28, $5,362,000. 

11 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

12 OPERATING EXPENSES

13 For necessary expenses for the Corporation for Na14 tional and Community Service (referred to in this title as 

15 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 

16 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 

17 National and Community Service Act of 1990 (referred 

18 to in this title as ‘‘1990 Act’’), $614,075,000, notwith19 standing sections 198B(b)(3), 198S(g), 501(a)(6), 

20 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Pro21 vided, That of the amounts provided under this heading: 

22 (1) up to 1 percent of program grant funds may be used 

23 to defray the costs of conducting grant application re24 views, including the use of outside peer reviewers and elec25 tronic management of the grants cycle; (2) $16,038,000 


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1 shall be available to provide assistance to State commis2 sions on national and community service, under section 

3 126(a) of the 1990 Act and notwithstanding section 

4 501(a)(5)(B) of the 1990 Act; (3) $30,000,000 shall be 

5 available to carry out subtitle E of the 1990 Act; and (4) 

6 $3,800,000 shall be available for expenses authorized 

7 under section 501(a)(4)(F) of the 1990 Act, which, not8 withstanding the provisions of section 198P shall be 

9 awarded by CNCS on a competitive basis: Provided fur10 ther, That for the purposes of carrying out the 1990 Act, 

11 satisfying the requirements in section 122(c)(1)(D) may 

12 include a determination of need by the local community. 

13 PAYMENT TO THE NATIONAL SERVICE TRUST

14 (INCLUDING TRANSFER OF FUNDS)

15 For payment to the National Service Trust estab16 lished under subtitle D of title I of the 1990 Act, 

17 $145,000,000, to remain available until expended: Pro18 vided, That CNCS may transfer additional funds from the 

19 amount provided within ‘‘Operating Expenses’’ allocated 

20 to grants under subtitle C of title I of the 1990 Act to 

21 the National Service Trust upon determination that such 

22 transfer is necessary to support the activities of national 

23 service participants and after notice is transmitted to the 

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1 propriated for or transferred to the National Service Trust 

2 may be invested under section 145(b) of the 1990 Act 

3 without regard to the requirement to apportion funds 

4 under 31 U.S.C. 1513(b). 

5 SALARIES AND EXPENSES

6 For necessary expenses of administration as provided 

7 under section 501(a)(5) of the 1990 Act and under section 

8 504(a) of the 1973 Act, including payment of salaries, au9 thorized travel, hire of passenger motor vehicles, the rental 

10 of conference rooms in the District of Columbia, the em11 ployment of experts and consultants authorized under 5 

12 U.S.C. 3109, and not to exceed $2,500 for official recep13 tion and representation expenses, $80,000,000. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector 

16 General in carrying out the Inspector General Act of 1978, 

17 $5,250,000. 

18 ADMINISTRATIVE PROVISIONS

19 SEC. 401. CNCS shall make any significant changes 

20 to program requirements, service delivery or policy only 

21 through public notice and comment rulemaking. For fiscal 

22 year 2016, during any grant selection process, an officer 

23 or employee of CNCS shall not knowingly disclose any cov24 ered grant selection information regarding such selection, 

25 directly or indirectly, to any person other than an officer 


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1 or employee of CNCS that is authorized by CNCS to re2 ceive such information. 

3 SEC. 402. AmeriCorps programs receiving grants 

4 under the National Service Trust program shall meet an 

5 overall minimum share requirement of 24 percent for the 

6 first 3 years that they receive AmeriCorps funding, and 

7 thereafter shall meet the overall minimum share require8 ment as provided in section 2521.60 of title 45, Code of 

9 Federal Regulations, without regard to the operating costs 

10 match requirement in section 121(e) or the member sup11 port Federal share limitations in section 140 of the 1990 

12 Act, and subject to partial waiver consistent with section 

13 2521.70 of title 45, Code of Federal Regulations. 

14 SEC. 403. Donations made to CNCS under section 

15 196 of the 1990 Act for the purposes of financing pro16 grams and operations under titles I and II of the 1973 

17 Act or subtitle B, C, D, or E of title I of the 1990 Act 

18 shall be used to supplement and not supplant current pro19 grams and operations. 

20 SEC. 404. In addition to the requirements in section 

21 146(a) of the 1990 Act, use of an educational award for 

22 the purpose described in section 148(a)(4) shall be limited 

23 to individuals who are veterans as defined under section 

24 101 of the Act. 


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1 SEC. 405. For the purpose of carrying out section 

2 189D of the 1990 Act— 

3 (1) entities described in paragraph (a) of such 

4 section shall be considered ‘‘qualified entities’’ under 

5 section 3 of the National Child Protection Act of 

6 1993 (‘‘NCPA’’); and 

7 (2) individuals described in such section shall 

8 be considered ‘‘volunteers’’ under section 3 of 

9 NCPA; and 

10 (3) State Commissions on National and Com11 munity Service established pursuant to section 178 

12 of the 1990 Act, are authorized to receive criminal 

13 history record information, consistent with Public 

14 Law 92–544. 

15 CORPORATION FOR PUBLIC BROADCASTING

16 For payment to the Corporation for Public Broad17 casting (‘‘CPB’’), as authorized by the Communications 

18 Act of 1934, an amount which shall be available within 

19 limitations specified by that Act, for the fiscal year 2018, 

20 $445,000,000: Provided, That none of the funds made 

21 available to CPB by this Act shall be used to pay for re22 ceptions, parties, or similar forms of entertainment for 

23 Government officials or employees: Provided further, That 

24 none of the funds made available to CPB by this Act shall 

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1 tivity from which any person is excluded, or is denied ben2 efits, or is discriminated against, on the basis of race, 

3 color, national origin, religion, or sex: Provided further, 

4 That none of the funds made available to CPB by this 

5 Act shall be used to apply any political test or qualification 

6 in selecting, appointing, promoting, or taking any other 

7 personnel action with respect to officers, agents, and em8 ployees of CPB: Provided further, That none of the funds 

9 made available to CPB by this Act shall be used to support 

10 the Television Future Fund or any similar purpose: Pro11 vided further, That notwithstanding any other provision 

12 of law, from amounts appropriated under the Consolidated 

13 Appropriations Act, 2014 (Public Law 113–76) for the 

14 Corporation for Public Broadcasting for fiscal year 2016, 

15 not to exceed $40,000,000 may be available for allocation 

16 to provide funding for the first phase of the multi-year 

17 project to replace and upgrade the public television inter18 connection system without altering the percentages of 

19 funds made available for allocation pursuant to subclause 

20 (II) of section 396(k)(3)(A)(i) of the Communications Act 

21 of 1934 (47 U.S.C. 396(k)(3)(A)(i)) from the total of such 

22 amounts and without altering the percentages of funds 

23 made available for allocation pursuant to subclause (I), 

24 subclause (III) and subclause (IV) of that section of that 

25 Act from any remaining amounts. 


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1 FEDERAL MEDIATION AND CONCILIATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Mediation 

4 and Conciliation Service (‘‘Service’’) to carry out the func5 tions vested in it by the Labor-Management Relations Act, 

6 1947, including hire of passenger motor vehicles; for ex7 penses necessary for the Labor-Management Cooperation 

8 Act of 1978; and for expenses necessary for the Service 

9 to carry out the functions vested in it by the Civil Service 

10 Reform Act, $47,823,000, including up to $400,000 to re11 main available through September 30, 2017, for activities 

12 authorized by the Labor-Management Cooperation Act of 

13 1978: Provided, That notwithstanding 31 U.S.C. 3302, 

14 fees charged, up to full-cost recovery, for special training 

15 activities and other conflict resolution services and tech16 nical assistance, including those provided to foreign gov17 ernments and international organizations, and for arbitra18 tion services shall be credited to and merged with this ac19 count, and shall remain available until expended: Provided 

20 further, That fees for arbitration services shall be available 

21 only for education, training, and professional development 

22 of the agency workforce: Provided further, That the Direc23 tor of the Service is authorized to accept and use on behalf 

24 of the United States gifts of services and real, personal, 


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1 or other property in the aid of any projects or functions 

2 within the Director’s jurisdiction. 

3 FEDERAL MINE SAFETY AND HEALTH REVIEW

4 COMMISSION

5 SALARIES AND EXPENSES

6 For expenses necessary for the Federal Mine Safety 

7 and Health Review Commission, $15,950,000. 

8 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

9 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

10 AND ADMINISTRATION

11 For carrying out the Museum and Library Services 

12 Act of 1996 and the National Museum of African Amer13 ican History and Culture Act, $227,860,000. 

14 MEDICAID AND CHIP PAYMENT AND ACCESS

15 COMMISSION

16 SALARIES AND EXPENSES

17 For expenses necessary to carry out section 1900 of 

18 the Social Security Act, $7,250,000. 

19 MEDICARE PAYMENT ADVISORY COMMISSION

20 SALARIES AND EXPENSES

21 For expenses necessary to carry out section 1805 of 

22 the Social Security Act, $11,100,000, to be transferred to 

23 this appropriation from the Federal Hospital Insurance 

24 Trust Fund and the Federal Supplementary Medical In25 surance Trust Fund. 


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1 NATIONAL COUNCIL ON DISABILITY

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Council on 

4 Disability as authorized by title IV of the Rehabilitation 

5 Act of 1973, $3,075,000. 

6 NATIONAL LABOR RELATIONS BOARD

7 SALARIES AND EXPENSES

8 For expenses necessary for the National Labor Rela9 tions Board to carry out the functions vested in it by the 

10 Labor-Management Relations Act, 1947, and other laws, 

11 $246,802,000: Provided, That no part of this appropria12 tion shall be available to organize or assist in organizing 

13 agricultural laborers or used in connection with investiga14 tions, hearings, directives, or orders concerning bargaining 

15 units composed of agricultural laborers as referred to in 

16 section 2(3) of the Act of July 5, 1935, and as amended 

17 by the Labor-Management Relations Act, 1947, and as de18 fined in section 3(f) of the Act of June 25, 1938, and 

19 including in said definition employees engaged in the 

20 maintenance and operation of ditches, canals, reservoirs, 

21 and waterways when maintained or operated on a mutual, 

22 nonprofit basis and at least 95 percent of the water stored 

23 or supplied thereby is used for farming purposes. 


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1 ADMINISTRATIVE PROVISION

2 SEC. 406. None of the funds provided by this Act 

3 or previous Acts making appropriations for the National 

4 Labor Relations Board may be used to issue any new ad5 ministrative directive or regulation that would provide em6 ployees any means of voting through any electronic means 

7 in an election to determine a representative for the pur8 poses of collective bargaining. 

9 SEC. 407. None of the funds made available by this 

10 Act may be used to implement or enforce any rule amend11 ing parts 101, 102, and 103 of title 29, Code of Federal 

12 Regulations (relating to the filing and processing of peti13 tions pursuant to the representation of employees for the 

14 purposes of collective bargaining with their employer), in15 cluding the final rule published by the National Labor Re16 lations Board in the Federal Register on December 15, 

17 2014 (79 Fed. Reg. 74308). 

18 SEC. 408. None of the funds in this or any other Act 

19 making appropriations for the National Labor Relations 

20 Board or any other Federal Agencies shall be used to in21 vestigate, issue, enforce or litigate any administrative di22 rective, regulation, representation issue or unfair labor 

23 practice proceeding or any other administrative complaint, 

24 charge, claim or proceeding that would change the inter25 pretation or application of a standard to determine whethVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00717 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 er entities are ‘‘joint employers’’ in effect as of January 

2 1, 2014. As established in TLI, Inc. 271 NLRB 798 

3 (1984) enforced 772 F.2d 894 (3d Cir. 1985), Airborne 

4 Express, 338 NLRB 597 (2002), and The Southland Cor5 poration dba Speedee 7-Eleven, 170 NLRB 1332 (1968), 

6 a ‘‘joint employer’’ under the National Labor Relations 

7 Act as of January 1, 2014 is defined as two or more sepa8 rate and independent business entities where one entity 

9 directly and immediately controls the essential terms and 

10 conditions of employment of the other entity’s employees, 

11 including hiring, firing, discipline, supervision and direc12 tion. 

13 SEC. 409. None of the funds in this Act may be used 

14 to implement, create, apply or enforce through prosecu15 tion, adjudication, rulemaking, or the issuing of any inter16 pretation, opinion, certification, decision or policy, any 

17 standard for initial bargaining unit determinations that 

18 conflicts with the standard articulated in the majority 

19 opinion in Wheeling Island Gaming Inc. and United Food 

20 and Commercial Workers International Union, Local 23, 

21 355 NLRB 127 (August 27, 2010) (including but not lim22 ited to the majority opinion in footnote 2), except for unit 

23 determinations currently governed by NLRB rule section 

24 103.30 for employers currently covered by such rules. Fur25 ther, no funds in this Act shall be used to implement, creVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 ate, apply or enforce through prosecution, adjudication, 

2 rulemaking, or the issuing of any interpretation, opinion, 

3 certification, decision or policy, any standard for initial 

4 bargaining unit determinations that utilize the over5 whelming community of interest test except in accretion 

6 cases. 

7 NATIONAL MEDIATION BOARD

8 SALARIES AND EXPENSES

9 For expenses necessary to carry out the provisions 

10 of the Railway Labor Act, including emergency boards ap11 pointed by the President, $12,600,000. 

12 OCCUPATIONAL SAFETY AND HEALTH REVIEW

13 COMMISSION

14 SALARIES AND EXPENSES

15 For expenses necessary for the Occupational Safety 

16 and Health Review Commission, $11,100,000. 

17 RAILROAD RETIREMENT BOARD

18 DUAL BENEFITS PAYMENTS ACCOUNT

19 For payment to the Dual Benefits Payments Ac20 count, authorized under section 15(d) of the Railroad Re21 tirement Act of 1974, $29,000,000, which shall include 

22 amounts becoming available in fiscal year 2016 pursuant 

23 to section 224(c)(1)(B) of Public Law 98–76; and in addi24 tion, an amount, not to exceed 2 percent of the amount 

25 provided herein, shall be available proportional to the 


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1 amount by which the product of recipients and the average 

2 benefit received exceeds the amount available for payment 

3 of vested dual benefits: Provided, That the total amount 

4 provided herein shall be credited in 12 approximately 

5 equal amounts on the first day of each month in the fiscal 

6 year. 

7 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

8 ACCOUNTS

9 For payment to the accounts established in the 

10 Treasury for the payment of benefits under the Railroad 

11 Retirement Act for interest earned on unnegotiated 

12 checks, $150,000, to remain available through September 

13 30, 2017, which shall be the maximum amount available 

14 for payment pursuant to section 417 of Public Law 98– 

15 76. 

16 LIMITATION ON ADMINISTRATION

17 For necessary expenses for the Railroad Retirement 

18 Board (‘‘Board’’) for administration of the Railroad Re19 tirement Act and the Railroad Unemployment Insurance 

20 Act, $111,225,000, to be derived in such amounts as de21 termined by the Board from the railroad retirement ac22 counts and from moneys credited to the railroad unem23 ployment insurance administration fund: Provided, That 

24 notwithstanding section 7(b)(9) of the Railroad Retire25 ment Act this limitation may be used to hire attorneys 


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1 only through the excepted service: Provided further, That 

2 the previous proviso shall not change the status under 

3 Federal employment laws of any attorney hired by the 

4 Railroad Retirement Board prior to January 1, 2013. 

5 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

6 For expenses necessary for the Office of Inspector 

7 General for audit, investigatory and review activities, as 

8 authorized by the Inspector General Act of 1978, not more 

9 than $8,437,000, to be derived from the railroad retire10 ment accounts and railroad unemployment insurance ac11 count. 

12 SOCIAL SECURITY ADMINISTRATION

13 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

14 For payment to the Federal Old-Age and Survivors 

15 Insurance Trust Fund and the Federal Disability Insur16 ance Trust Fund, as provided under sections 201(m), 

17 217(g), 228(g), and 1131(b)(2) of the Social Security Act, 

18 $20,400,000. 

19 SUPPLEMENTAL SECURITY INCOME PROGRAM

20 For carrying out titles XI and XVI of the Social Se21 curity Act, section 401 of Public Law 92–603, section 212 

22 of Public Law 93–66, as amended, and section 405 of 

23 Public Law 95–216, including payment to the Social Secu24 rity trust funds for administrative expenses incurred pur25 suant to section 201(g)(1) of the Social Security Act, 


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1 $46,110,777,000, to remain available until expended: Pro2 vided, That any portion of the funds provided to a State 

3 in the current fiscal year and not obligated by the State 

4 during that year shall be returned to the Treasury: Pro5 vided further, That not more than $101,000,000 shall be 

6 available for research and demonstrations under sections 

7 1110, 1115, and 1144 of the Social Security Act, and re8 main available through September 30, 2018. 

9 For making, after June 15 of the current fiscal year, 

10 benefit payments to individuals under title XVI of the So11 cial Security Act, for unanticipated costs incurred for the 

12 current fiscal year, such sums as may be necessary. 

13 For making benefit payments under title XVI of the 

14 Social Security Act for the first quarter of fiscal year 

15 2017, $14,500,000,000, to remain available until ex16 pended. 

17 LIMITATION ON ADMINISTRATIVE EXPENSES

18 For necessary expenses, including the hire of two pas19 senger motor vehicles, and not to exceed $20,000 for offi20 cial reception and representation expenses, not more than 

21 $10,044,945,000 may be expended, as authorized by sec22 tion 201(g)(1) of the Social Security Act, from any one 

23 or all of the trust funds referred to in such section: Pro24 vided, That not less than $2,300,000 shall be for the So25 cial Security Advisory Board: Provided further, That 


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1 $11,900,000 may be used for necessary expenses for the 

2 planning and design of the renovation and modernization 

3 of SSA facilities, to remain available until expended: Pro4 vided further, That unobligated balances of funds provided 

5 under this paragraph at the end of fiscal year 2016 not 

6 needed for fiscal year 2016 shall remain available until 

7 expended to invest in the Social Security Administration 

8 information technology and telecommunications hardware 

9 and software infrastructure, including related equipment 

10 and non-payroll administrative expenses associated solely 

11 with this information technology and telecommunications 

12 infrastructure: Provided further, That the Commissioner 

13 of Social Security shall notify the Committees on Appro14 priations of the House of Representatives and the Senate 

15 prior to making unobligated balances available under the 

16 authority in the previous proviso: Provided further, That 

17 reimbursement to the trust funds under this heading for 

18 expenditures for official time for employees of the Social 

19 Security Administration pursuant to 5 U.S.C. 7131, and 

20 for facilities or support services for labor organizations 

21 pursuant to policies, regulations, or procedures referred 

22 to in section 7135(b) of such title shall be made by the 

23 Secretary of the Treasury, with interest, from amounts in 

24 the general fund not otherwise appropriated, as soon as 

25 possible after such expenditures are made. 


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1 In addition, for the costs associated with continuing 

2 disability reviews under titles II and XVI of the Social 

3 Security Act and for the cost associated with conducting 

4 redeterminations of eligibility under title XVI of the Social 

5 Security Act, $1,439,000,000 may be expended, as au6 thorized by section 201(g)(1) of the Social Security Act, 

7 from any one or all of the trust funds referred to therein: 

8 Provided, That, of such amount, $273,000,000 is provided 

9 to meet the terms of section 251(b)(2)(B)(ii)(III) of the 

10 Balanced Budget and Emergency Deficit Control Act of 

11 1985, as amended, and $1,166,000,000 is additional new 

12 budget authority specified for purposes of section 

13 251(b)(2)(B) of such Act: Provided further, That the Com14 missioner shall provide to the Congress (at the conclusion 

15 of the fiscal year) a report on the obligation and expendi16 ture of these funds, similar to the reports that were re17 quired by section 103(d)(2) of Public Law 104–121 for 

18 fiscal years 1996 through 2002. 

19 In addition, $136,000,000 to be derived from admin20 istration fees in excess of $5.00 per supplementary pay21 ment collected pursuant to section 1616(d) of the Social 

22 Security Act or section 212(b)(3) of Public Law 93–66, 

23 which shall remain available until expended. To the extent 

24 that the amounts collected pursuant to such sections in 

25 fiscal year 2016 exceed $136,000,000, the amounts shall 


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1 be available in fiscal year 2017 only to the extent provided 

2 in advance in appropriations Acts. 

3 In addition, up to $1,000,000 to be derived from fees 

4 collected pursuant to section 303(c) of the Social Security 

5 Protection Act, which shall remain available until ex6 pended. 

7 OFFICE OF INSPECTOR GENERAL

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses necessary for the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Act of 1978, $28,829,000, together with not to 

12 exceed $74,521,000, to be transferred and expended as 

13 authorized by section 201(g)(1) of the Social Security Act 

14 from the Federal Old-Age and Survivors Insurance Trust 

15 Fund and the Federal Disability Insurance Trust Fund. 

16 In addition, an amount not to exceed 3 percent of 

17 the total provided in this appropriation may be transferred 

18 from the ‘‘Limitation on Administrative Expenses’’, Social 

19 Security Administration, to be merged with this account, 

20 to be available for the time and purposes for which this 

21 account is available: Provided, That notice of such trans22 fers shall be transmitted promptly to the Committees on 

23 Appropriations of the House of Representatives and the 

24 Senate at least 15 days in advance of any transfer. 


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1 TITLE V 

2 GENERAL PROVISIONS 

3 (TRANSFER OF FUNDS)

4 SEC. 501. The Secretaries of Labor, Health and 

5 Human Services, and Education are authorized to transfer 

6 unexpended balances of prior appropriations to accounts 

7 corresponding to current appropriations provided in this 

8 Act. Such transferred balances shall be used for the same 

9 purpose, and for the same periods of time, for which they 

10 were originally appropriated. 

11 SEC. 502. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

14 SEC. 503. (a) No part of any appropriation contained 

15 in this Act or transferred pursuant to section 4002 of 

16 Public Law 111–148 shall be used, other than for normal 

17 and recognized executive-legislative relationships, for pub18 licity or propaganda purposes, for the preparation, dis19 tribution, or use of any kit, pamphlet, booklet, publication, 

20 electronic communication, radio, television, or video pres21 entation designed to support or defeat the enactment of 

22 legislation before the Congress or any State or local legis23 lature or legislative body, except in presentation to the 

24 Congress or any State or local legislature itself, or de25 signed to support or defeat any proposed or pending reguVerDate Sep 11 2014 00:50 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00726 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.PCS S2132

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1 lation, administrative action, or order issued by the execu2 tive branch of any State or local government, except in 

3 presentation to the executive branch of any State or local 

4 government itself. 

5 (b) No part of any appropriation contained in this 

6 Act or transferred pursuant to section 4002 of Public Law 

7 111–148 shall be used to pay the salary or expenses of 

8 any grant or contract recipient, or agent acting for such 

9 recipient, related to any activity designed to influence the 

10 enactment of legislation, appropriations, regulation, ad11 ministrative action, or Executive order proposed or pend12 ing before the Congress or any State government, State 

13 legislature or local legislature or legislative body, other 

14 than for normal and recognized executive-legislative rela15 tionships or participation by an agency or officer of a 

16 State, local or tribal government in policymaking and ad17 ministrative processes within the executive branch of that 

18 government. 

19 (c) The prohibitions in subsections (a) and (b) shall 

20 include any activity to advocate or promote any proposed, 

21 pending or future Federal, State or local tax increase, or 

22 any proposed, pending, or future requirement or restric23 tion on any legal consumer product, including its sale or 

24 marketing, including but not limited to the advocacy or 

25 promotion of gun control. 


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1 SEC. 504. The Secretaries of Labor and Education 

2 are authorized to make available not to exceed $28,000 

3 and $20,000, respectively, from funds available for sala4 ries and expenses under titles I and III, respectively, for 

5 official reception and representation expenses; the Direc6 tor of the Federal Mediation and Conciliation Service is 

7 authorized to make available for official reception and rep8 resentation expenses not to exceed $5,000 from the funds 

9 available for ‘‘Federal Mediation and Conciliation Service, 

10 Salaries and Expenses’’; and the Chairman of the Na11 tional Mediation Board is authorized to make available for 

12 official reception and representation expenses not to ex13 ceed $5,000 from funds available for ‘‘National Mediation 

14 Board, Salaries and Expenses’’. 

15 SEC. 505. When issuing statements, press releases, 

16 requests for proposals, bid solicitations and other docu17 ments describing projects or programs funded in whole or 

18 in part with Federal money, all grantees receiving Federal 

19 funds included in this Act, including but not limited to 

20 State and local governments and recipients of Federal re21 search grants, shall clearly state— 

22 (1) the percentage of the total costs of the pro23 gram or project which will be financed with Federal 

24 money; 


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1 (2) the dollar amount of Federal funds for the 

2 project or program; and 

3 (3) percentage and dollar amount of the total 

4 costs of the project or program that will be financed 

5 by non-governmental sources. 

6 SEC. 506. (a) None of the funds appropriated in this 

7 Act, and none of the funds in any trust fund to which 

8 funds are appropriated in this Act, shall be expended for 

9 any abortion. 

10 (b) None of the funds appropriated in this Act, and 

11 none of the funds in any trust fund to which funds are 

12 appropriated in this Act, shall be expended for health ben13 efits coverage that includes coverage of abortion. 

14 (c) The term ‘‘health benefits coverage’’ means the 

15 package of services covered by a managed care provider 

16 or organization pursuant to a contract or other arrange17 ment. 

18 SEC. 507. (a) The limitations established in the pre19 ceding section shall not apply to an abortion— 

20 (1) if the pregnancy is the result of an act of 

21 rape or incest; or 

22 (2) in the case where a woman suffers from a 

23 physical disorder, physical injury, or physical illness, 

24 including a life-endangering physical condition 

25 caused by or arising from the pregnancy itself, that 


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1 would, as certified by a physician, place the woman 

2 in danger of death unless an abortion is performed. 

3 (b) Nothing in the preceding section shall be con4 strued as prohibiting the expenditure by a State, locality, 

5 entity, or private person of State, local, or private funds 

6 (other than a State’s or locality’s contribution of Medicaid 

7 matching funds). 

8 (c) Nothing in the preceding section shall be con9 strued as restricting the ability of any managed care pro10 vider from offering abortion coverage or the ability of a 

11 State or locality to contract separately with such a pro12 vider for such coverage with State funds (other than a 

13 State’s or locality’s contribution of Medicaid matching 

14 funds). 

15 (d)(1) None of the funds made available in this Act 

16 may be made available to a Federal agency or program, 

17 or to a State or local government, if such agency, program, 

18 or government subjects any institutional or individual 

19 health care entity to discrimination on the basis that the 

20 health care entity does not provide, pay for, provide cov21 erage of, or refer for abortions. 

22 (2) In this subsection, the term ‘‘health care entity’’ 

23 includes an individual physician or other health care pro24 fessional, a hospital, a provider-sponsored organization, a 

25 health maintenance organization, a health insurance plan, 


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1 or any other kind of health care facility, organization, or 

2 plan. 

3 SEC. 508. (a) None of the funds made available in 

4 this Act may be used for— 

5 (1) the creation of a human embryo or embryos 

6 for research purposes; or 

7 (2) research in which a human embryo or em8 bryos are destroyed, discarded, or knowingly sub9 jected to risk of injury or death greater than that 

10 allowed for research on fetuses in utero under 45 

11 CFR 46.204(b) and section 498(b) of the Public 

12 Health Service Act (42 U.S.C. 289g(b)). 

13 (b) For purposes of this section, the term ‘‘human 

14 embryo or embryos’’ includes any organism, not protected 

15 as a human subject under 45 CFR 46 as of the date of 

16 the enactment of this Act, that is derived by fertilization, 

17 parthenogenesis, cloning, or any other means from one or 

18 more human gametes or human diploid cells. 

19 SEC. 509. (a) None of the funds made available in 

20 this Act may be used for any activity that promotes the 

21 legalization of any drug or other substance included in 

22 schedule I of the schedules of controlled substances estab23 lished under section 202 of the Controlled Substances Act 

24 except for normal and recognized executive-congressional 

25 communications. 


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1 (b) The limitation in subsection (a) shall not apply 

2 when there is significant medical evidence of a therapeutic 

3 advantage to the use of such drug or other substance or 

4 that federally sponsored clinical trials are being conducted 

5 to determine therapeutic advantage. 

6 SEC. 510. None of the funds made available in this 

7 Act may be used to promulgate or adopt any final stand8 ard under section 1173(b) of the Social Security Act pro9 viding for, or providing for the assignment of, a unique 

10 health identifier for an individual (except in an individ11 ual’s capacity as an employer or a health care provider), 

12 until legislation is enacted specifically approving the 

13 standard. 

14 SEC. 511. None of the funds made available in this 

15 Act may be obligated or expended to enter into or renew 

16 a contract with an entity if— 

17 (1) such entity is otherwise a contractor with 

18 the United States and is subject to the requirement 

19 in 38 U.S.C. 4212(d) regarding submission of an 

20 annual report to the Secretary of Labor concerning 

21 employment of certain veterans; and 

22 (2) such entity has not submitted a report as 

23 required by that section for the most recent year for 

24 which such requirement was applicable to such enti25 ty. 


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1 SEC. 512. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except 

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this Act or any other appropriation Act. 

6 SEC. 513. None of the funds made available by this 

7 Act to carry out the Library Services and Technology Act 

8 may be made available to any library covered by para9 graph (1) of section 224(f) of such Act, as amended by 

10 the Children’s Internet Protection Act, unless such library 

11 has made the certifications required by paragraph (4) of 

12 such section. 

13 SEC. 514. (a) None of the funds provided under this 

14 Act, or provided under previous appropriations Acts to the 

15 agencies funded by this Act that remain available for obli16 gation or expenditure in fiscal year 2016, or provided from 

17 any accounts in the Treasury of the United States derived 

18 by the collection of fees available to the agencies funded 

19 by this Act, shall be available for obligation or expenditure 

20 through a reprogramming of funds that— 

21 (1) creates new programs; 

22 (2) eliminates a program, project, or activity; 

23 (3) increases funds or personnel by any means 

24 for any project or activity for which funds have been 

25 denied or restricted; 


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1 (4) relocates an office or employees; 

2 (5) reorganizes or renames offices; 

3 (6) reorganizes programs or activities; or 

4 (7) contracts out or privatizes any functions or 

5 activities presently performed by Federal employees; 

6 unless the Committees on Appropriations of the House of 

7 Representatives and the Senate are consulted 15 days in 

8 advance of such reprogramming or of an announcement 

9 of intent relating to such reprogramming, whichever oc10 curs earlier, and are notified in writing 10 days in advance 

11 of such reprogramming. 

12 (b) None of the funds provided under this Act, or 

13 provided under previous appropriations Acts to the agen14 cies funded by this Act that remain available for obligation 

15 or expenditure in fiscal year 2016, or provided from any 

16 accounts in the Treasury of the United States derived by 

17 the collection of fees available to the agencies funded by 

18 this Act, shall be available for obligation or expenditure 

19 through a reprogramming of funds in excess of $500,000 

20 or 10 percent, whichever is less, that— 

21 (1) augments existing programs, projects (in22 cluding construction projects), or activities; 

23 (2) reduces by 10 percent funding for any exist24 ing program, project, or activity, or numbers of per25 sonnel by 10 percent as approved by Congress; or 


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1 (3) results from any general savings from a re2 duction in personnel which would result in a change 

3 in existing programs, activities, or projects as ap4 proved by Congress; 

5 unless the Committees on Appropriations of the House of 

6 Representatives and the Senate are consulted 15 days in 

7 advance of such reprogramming or of an announcement 

8 of intent relating to such reprogramming, whichever oc9 curs earlier, and are notified in writing 10 days in advance 

10 of such reprogramming. 

11 SEC. 515. (a) None of the funds made available in 

12 this Act may be used to request that a candidate for ap13 pointment to a Federal scientific advisory committee dis14 close the political affiliation or voting history of the can15 didate or the position that the candidate holds with re16 spect to political issues not directly related to and nec17 essary for the work of the committee involved. 

18 (b) None of the funds made available in this Act may 

19 be used to disseminate information that is deliberately 

20 false or misleading. 

21 SEC. 516. Within 45 days of enactment of this Act, 

22 each department and related agency funded through this 

23 Act shall submit an operating plan that details at the pro24 gram, project, and activity level any funding allocations 

25 for fiscal year 2016 that are different than those specified 


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1 in this Act, the accompanying detailed table in the report 

2 accompanying this Act, or the fiscal year 2016 budget re3 quest. 

4 SEC. 517. The Secretaries of Labor, Health and 

5 Human Services, and Education shall each prepare and 

6 submit to the Committees on Appropriations of the House 

7 of Representatives and the Senate a report on the number 

8 and amount of contracts, grants, and cooperative agree9 ments exceeding $500,000 in value and awarded by the 

10 Department on a non-competitive basis during each quar11 ter of fiscal year 2016, but not to include grants awarded 

12 on a formula basis or directed by law. Such report shall 

13 include the name of the contractor or grantee, the amount 

14 of funding, the governmental purpose, including a jus15 tification for issuing the award on a non-competitive basis. 

16 Such report shall be transmitted to the Committees within 

17 30 days after the end of the quarter for which the report 

18 is submitted. 

19 SEC. 518. None of the funds appropriated in this Act 

20 shall be expended or obligated by the Commissioner of So21 cial Security, for purposes of administering Social Security 

22 benefit payments under title II of the Social Security Act, 

23 to process any claim for credit for a quarter of coverage 

24 based on work performed under a social security account 

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1 formance of such work under such number has formed the 

2 basis for a conviction of the claimant of a violation of sec3 tion 208(a)(6) or (7) of the Social Security Act. 

4 SEC. 519. None of the funds appropriated by this Act 

5 may be used by the Commissioner of Social Security or 

6 the Social Security Administration to pay the compensa7 tion of employees of the Social Security Administration 

8 to administer Social Security benefit payments, under any 

9 agreement between the United States and Mexico estab10 lishing totalization arrangements between the social secu11 rity system established by title II of the Social Security 

12 Act and the social security system of Mexico, which would 

13 not otherwise be payable but for such agreement. 

14 SEC. 520. Notwithstanding any other provision of 

15 this Act, no funds appropriated in this Act shall be used 

16 to purchase sterile needles or syringes for the hypodermic 

17 injection of any illegal drug: Provided, That such limita18 tion does not apply to the use of funds for elements of 

19 a program other than making such purchases if the rel20 evant State or local health department, in consultation 

21 with the Centers for Disease Control and Prevention, de22 termines that the State or local jurisdiction, as applicable, 

23 is experiencing, or is at risk for, a significant increase in 

24 hepatitis infections or an HIV outbreak due to injection 


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1 drug use, and such program is operating in accordance 

2 with State and local law. 

3 SEC. 521. (a) None of the funds made available in 

4 this Act may be used to maintain or establish a computer 

5 network unless such network blocks the viewing, 

6 downloading, and exchanging of pornography. 

7 (b) Nothing in subsection (a) shall limit the use of 

8 funds necessary for any Federal, State, tribal, or local law 

9 enforcement agency or any other entity carrying out crimi10 nal investigations, prosecution, or adjudication activities. 

11 SEC. 522. None of the funds made available under 

12 this or any other Act, or any prior Appropriations Act, 

13 may be provided to the Association of Community Organi14 zations for Reform Now (‘‘ACORN’’), or any of its affili15 ates, subsidiaries, allied organizations, or successors. 

16 SEC. 523. For purposes of carrying out Executive 

17 Order 13589, Office of Management and Budget Memo18 randum M–12–12 dated May 11, 2012, and requirements 

19 contained in the annual appropriations bills relating to 

20 conference attendance and expenditures: 

21 (1) the operating divisions of HHS shall be con22 sidered independent agencies; and 

23 (2) attendance at and support for scientific con24 ferences shall be tabulated separately from and not 

25 included in agency totals. 


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1 SEC. 524. Federal agencies funded under this Act 

2 shall clearly state within the text, audio, or video used for 

3 advertising or educational purposes, including emails or 

4 Internet postings, that the communication is printed, pub5 lished, or produced and disseminated at U.S. taxpayer ex6 pense. The funds used by a Federal agency to carry out 

7 this requirement shall be derived from amounts made 

8 available to the agency for advertising or other commu9 nications regarding the programs and activities of the 

10 agency. 

11 SEC. 525. (a) Federal agencies may use Federal dis12 cretionary funds that are made available in this Act to 

13 carry out up to 10 Performance Partnership Pilots. Such 

14 Pilots shall— 

15 (1) be designed to improve outcomes for discon16 nected youth; 

17 (2) include communities that have recently ex18 perienced civil unrest; and 

19 (3) involve Federal programs targeted on dis20 connected youth, or designed to prevent youth from 

21 disconnecting from school or work, that provide edu22 cation, training, employment, and other related so23 cial services. Such Pilots shall be governed by the 

24 provisions of section 526 of division H of Public 

25 Law 113–76, except that in carrying out such Pilots 


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1 section 526 shall be applied by substituting ‘‘FISCAL

2 YEAR 2016’’ for ‘‘FISCAL YEAR 2014’’ in the title 

3 of subsection (b) and by substituting ‘‘September 

4 30, 2020’’ for ‘‘September 30, 2018’’ each place it 

5 appears. 

6 (b) In addition, Federal agencies may use Federal 

7 discretionary funds that are made available in this Act to 

8 participate in Performance Partnership Pilots that are 

9 being carried out pursuant to the authority provided by 

10 section 526 of division H of Public Law 113–76, and sec11 tion 524 of division G of Public Law 113–235: Provided, 

12 That new pilots that are being carried out with discre13 tionary funds made available in division G of Public Law 

14 113–25 shall include communities that have recently expe15 rienced civil unrest. 

16 SEC. 526. Not later than 30 days after the end of 

17 each calendar quarter, beginning with the first quarter of 

18 fiscal year 2013, the Departments of Labor, Health and 

19 Human Services and Education and the Social Security 

20 Administration shall provide the Committees on Appro21 priations of the House of Representatives and Senate a 

22 quarterly report on the status of balances of appropria23 tions: Provided, That for balances that are unobligated 

24 and uncommitted, committed, and obligated but unex25 pended, the quarterly reports shall separately identify the 


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1 amounts attributable to each source year of appropriation 

2 (beginning with fiscal year 2012, or, to the extent feasible, 

3 earlier fiscal years) from which balances were derived. 

4 SEC. 527. Section 2812(d)(2) of the Public Health 

5 Service Act (42 U.S.C. 300hh–11(d)(2)) is amended— 

6 (1) by redesignating the three sentences as sub7 paragraphs (A), (B), and (C), respectively, and in8 denting accordingly; 

9 (2) in subparagraph (A), as so redesignated, by 

10 striking ‘‘An’’ and inserting ‘‘IN GENERAL.—An’’; 

11 (3) in subparagraph (B), as so redesignated, by 

12 striking ‘‘With’’ and inserting ‘‘APPLICATION TO

13 TRAINING PROGRAMS.—With’’; 

14 (4) in subparagraph (C), as so redesignated, by 

15 striking ‘‘In’’ and inserting ‘‘RESPONSIBILITY OF

16 LABOR SECRETARY.—In’’; and 

17 (5) by adding at the end the following new sub18 paragraphs: 

19 ‘‘(D) COMPUTATION OF PAY.—In the event 

20 of an injury to such an intermittent disaster re21 sponse appointee, the position of the employee 

22 shall be deemed to be ‘one which would have af23 forded employment for substantially a whole 

24 year’, for purposes of section 8114(d)(2) of 

25 such title. 


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1 ‘‘(E) CONTINUATION OF PAY.—The weekly 

2 pay of such an employee shall be deemed to be 

3 the hourly pay in effect on the date of the in4 jury multiplied by 40, for purposes of com5 puting benefits under section 8118 of such 

6 title.’’. 

7 SEC. 528. None of the funds in this Act may be obli8 gated or expended in contravention of 8 U.S.C. 1183a. 

9 (RESCISSION)

10 SEC. 529. Of the funds made available for fiscal year 

11 2016 under section 3403 of Public Law 111–148, 

12 $15,000,000 are hereby rescinded. 

13 (RESCISSION)

14 SEC. 530. Of the funds made available for the Con15 sumer Operated and Oriented Plans under section 1322 

16 of the Patient Protection and Affordable Care Act (42 

17 U.S.C. 18042), $18,000,000 are hereby rescinded. 

18 (RESCISSION)

19 SEC. 531. Amounts deposited or available in the 

20 Child Enrollment Contingency Fund from appropriations 

21 to the Fund under section 2104(n)(2)(A)(i) of the Social 

22 Security Act and the income derived from investment of 

23 those funds pursuant to 2104(n)(2)(C) of that Act, shall 

24 not be available for obligation in this fiscal year. 


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1 (RESCISSION)

2 SEC. 532. Of any available amounts appropriated 

3 under section 108 of Public Law 111–3, as amended, 

4 $3,970,478,000 are hereby rescinded. 

5 (RESCISSION)

6 SEC. 533. Of the unobligated balances available from 

7 the Community Health Center Fund in prior fiscal years, 

8 $190,000,000 are hereby rescinded. 

9 This division may be cited as the ‘‘Departments of 

10 Labor, Health and Human Services, and Education, and 

11 Related Agencies Appropriations Act, 2016’’. 


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Calendar No. 251 

114TH CONGRESS 

1ST SESSION S. 2132 

A BILL 

Making appropriations for financial services and 

30, 2016, and for other purposes. programs for the fiscal year ending September and Human Services, and Education, and related environment, and Departments of Labor, Health general government, Department of the Interior, 

OCTOBER 6, 2015 

Read the second time and placed on the calendar 


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