IB 

Union Calendar No. 484 

114TH CONGRESS 

2D SESSION H. R. 5485 

[Report No. 114–624] 

Making appropriations for financial services and general government for the 

fiscal year ending September 30, 2017, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2016 

Mr. CRENSHAW, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for financial services and general government for the fiscal year ending September 30, 2017, 

and for other purposes. 


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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2017, and for other pur6 poses, namely: 

7 TITLE I 

8 DEPARTMENT OF THE TREASURY 

9 DEPARTMENTAL OFFICES

10 SALARIES AND EXPENSES

11 For necessary expenses of the Departmental Offices 

12 including operation and maintenance of the Treasury 

13 Building and Freedman’s Bank Building; hire of pas14 senger motor vehicles; maintenance, repairs, and improve15 ments of, and purchase of commercial insurance policies 

16 for, real properties leased or owned overseas, when nec17 essary for the performance of official business; executive 

18 direction program activities; international affairs and eco19 nomic policy activities; domestic finance and tax policy ac20 tivities, including technical assistance to Puerto Rico; and 

21 Treasury-wide management policies and programs activi22 ties, $250,000,000: Provided, That of the amount appro23 priated under this heading— 

24 (1) not to exceed $350,000 is for official recep25 tion and representation expenses; 


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1 (2) not to exceed $258,000 is for unforeseen 

2 emergencies of a confidential nature to be allocated 

3 and expended under the direction of the Secretary of 

4 the Treasury and to be accounted for solely on the 

5 Secretary’s certificate; and 

6 (3) not to exceed $57,000,000 shall remain 

7 available until September 30, 2018, for— 

8 (A) the Treasury-wide Financial Statement 

9 Audit and Internal Control Program; 

10 (B) information technology modernization 

11 requirements; 

12 (C) the audit, oversight, and administra13 tion of the Gulf Coast Restoration Trust Fund; 

14 (D) the development and implementation 

15 of programs within the Office of Critical Infra16 structure Protection and Compliance Policy, in17 cluding entering into cooperative agreements; 

18 and 

19 (E) cybersecurity. 

20 OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE

21 SALARIES AND EXPENSES

22 For the necessary expenses of the Office of Terrorism 

23 and Financial Intelligence to safeguard the financial sys24 tem against illicit use and to combat rogue nations, ter25 rorist facilitators, weapons of mass destruction 


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1 proliferators, money launderers, drug kingpins, and other 

2 national security threats, $120,000,000: Provided, That of 

3 the amount appropriated under this heading: (1) not to 

4 exceed $27,500,000 is available for administrative ex5 penses; and (2) $5,000,000, to remain available until Sep6 tember 30, 2018. 

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Act of 1978, $37,044,000, including hire of pas12 senger motor vehicles; of which not to exceed $100,000 

13 shall be available for unforeseen emergencies of a con14 fidential nature, to be allocated and expended under the 

15 direction of the Inspector General of the Treasury; of 

16 which up to $2,800,000 to remain available until Sep17 tember 30, 2018, shall be for audits and investigations 

18 conducted pursuant to section 1608 of the Resources and 

19 Ecosystems Sustainability, Tourist Opportunities, and Re20 vived Economies of the Gulf Coast States Act of 2012 (33 

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

22 shall be available for official reception and representation 

23 expenses. 


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1 TREASURY INSPECTOR GENERAL FOR TAX

2 ADMINISTRATION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Treasury Inspector 

5 General for Tax Administration in carrying out the In6 spector General Act of 1978, as amended, including pur7 chase and hire of passenger motor vehicles (31 U.S.C. 

8 1343(b)); and services authorized by 5 U.S.C. 3109, at 

9 such rates as may be determined by the Inspector General 

10 for Tax Administration; $169,634,000, of which 

11 $5,000,000 shall remain available until September 30, 

12 2018; of which not to exceed $500,000 shall be available 

13 for unforeseen emergencies of a confidential nature, to be 

14 allocated and expended under the direction of the Inspec15 tor General for Tax Administration; and of which not to 

16 exceed $1,500 shall be available for official reception and 

17 representation expenses. 

18 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED

19 ASSET RELIEF PROGRAM

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of the Special 

22 Inspector General in carrying out the provisions of the 

23 Emergency Economic Stabilization Act of 2008 (Public 

24 Law 110–343), $41,160,000. 


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1 FINANCIAL CRIMES ENFORCEMENT NETWORK

2 SALARIES AND EXPENSES

3 For necessary expenses of the Financial Crimes En4 forcement Network, including hire of passenger motor ve5 hicles; travel and training expenses of non-Federal and 

6 foreign government personnel to attend meetings and 

7 training concerned with domestic and foreign financial in8 telligence activities, law enforcement, and financial regula9 tion; services authorized by 5 U.S.C. 3109; not to exceed 

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

11 and for assistance to Federal law enforcement agencies, 

12 with or without reimbursement, $116,000,000, of which 

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

14 September 30, 2019. 

15 TREASURY FORFEITURE FUND

16 (RESCISSION)

17 Of the unobligated balances available under this 

18 heading, $753,610,000 are rescinded. 

19 BUREAU OF THE FISCAL SERVICE

20 SALARIES AND EXPENSES

21 For necessary expenses of operations of the Bureau 

22 of the Fiscal Service, $353,057,000; of which not to ex23 ceed $4,210,000, to remain available until September 30, 

24 2019, is for information systems modernization initiatives; 


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

2 and representation expenses. 

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

4 Spill Liability Trust Fund, to reimburse administrative 

5 and personnel expenses for financial management of the 

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

7 380. 

8 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

9 SALARIES AND EXPENSES

10 For necessary expenses of carrying out section 1111 

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

12 passenger motor vehicles, $111,439,000; of which not to 

13 exceed $6,000 for official reception and representation ex14 penses; not to exceed $50,000 for cooperative research and 

15 development programs for laboratory services; and provi16 sion of laboratory assistance to State and local agencies 

17 with or without reimbursement: Provided, That of the 

18 amount appropriated under this heading, $5,000,000 shall 

19 be for the costs of accelerating the processing of formula 

20 and label applications: Provided further, That of the 

21 amount appropriated under this heading, $5,000,000 shall 

22 be for the costs of programs to enforce trade practice vio23 lations of the Federal Alcohol Administration Act (27 

24 U.S.C. 201 et seq.). 


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1 UNITED STATES MINT

2 UNITED STATES MINT PUBLIC ENTERPRISE FUND

3 Pursuant to section 5136 of title 31, United States 

4 Code, the United States Mint is provided funding through 

5 the United States Mint Public Enterprise Fund for costs 

6 associated with the production of circulating coins, numis7 matic coins, and protective services, including both oper8 ating expenses and capital investments: Provided, That 

9 the aggregate amount of new liabilities and obligations in10 curred during fiscal year 2017 under such section 5136 

11 for circulating coinage and protective service capital in12 vestments of the United States Mint shall not exceed 

13 $30,000,000. 

14 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

15 FUND PROGRAM ACCOUNT

16 To carry out the Riegle Community Development and 

17 Regulatory Improvement Act of 1994 (subtitle A of title 

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

19 by 5 U.S.C. 3109, but at rates for individuals not to ex20 ceed the per diem rate equivalent to the rate for EX–3, 

21 $250,000,000. Of the amount appropriated under this 

22 heading— 

23 (1) not less than $184,000,000, is available 

24 until September 30, 2018, for financial assistance 

25 and technical assistance under subparagraphs (A) 


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1 and (B) of section 108(a)(1), respectively, of Public 

2 Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), 

3 of which up to $2,882,500 may be used for the cost 

4 of direct loans: Provided, That the cost of direct and 

5 guaranteed loans, including the cost of modifying 

6 such loans, shall be as defined in section 502 of the 

7 Congressional Budget Act of 1974: Provided further, 

8 That these funds are available to subsidize gross ob9 ligations for the principal amount of direct loans not 

10 to exceed $25,000,000; 

11 (2) not less than $6,000,000, notwithstanding 

12 subsections (d) and (e) of section 108 of Public Law 

13 103–325 (12 U.S.C. 4707(d) and (e)), is available 

14 until September 30, 2018, to provide financial as15 sistance, technical assistance, training, and outreach 

16 to community development financial institutions to 

17 expand investments that benefit individuals with dis18 abilities; 

19 (3) not less than $16,000,000, notwithstanding 

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

21 4707(e)), is available until September 30, 2018, for 

22 financial assistance, technical assistance, training 

23 and outreach programs designed to benefit Native 

24 American, Native Hawaiian, and Alaskan Native 

25 communities and provided primarily through qualiVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 fied community development lender organizations 

2 with experience and expertise in community develop3 ment banking and lending in Indian country, Native 

4 American organizations, tribes and tribal organiza5 tions, and other suitable providers; 

6 (4) not less than $19,000,000 is available until 

7 September 30, 2018, for the Bank Enterprise Award 

8 Program; 

9 (5) up to $25,000,000 is for administrative ex10 penses, including administration of CDFI fund pro11 grams and the New Markets Tax Credit Program, of 

12 which not less than $2,000,000 is available for ca13 pacity building to CDFIs to expand investments that 

14 benefit individuals with disabilities, and up to 

15 $300,000 is for administrative expenses to carry out 

16 the direct loan program; and 

17 (6) during fiscal year 2017, none of the funds 

18 available under this heading are available for the 

19 cost, as defined in section 502 of the Congressional 

20 Budget Act of 1974, of commitments to guarantee 

21 bonds and notes under section 114A of the Riegle 

22 Community Development and Regulatory Improve23 ment Act of 1994 (12 U.S.C. 4713a): Provided, 

24 That commitments to guarantee bonds and notes 

25 under such section 114A shall not exceed 


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1 $250,000,000: Provided further, That such section 

2 114A shall remain in effect until September 30, 

3 2017; 

4 Provided, that of the funds awarded under this heading, 

5 not less than 10 percent shall be used for awards that 

6 support investments that serve populations living in per7 sistent poverty counties: Provided further, That for the 

8 purposes of the preceding proviso, the term ‘‘persistent 

9 poverty counties’’ means any county that has had 20 per10 cent or more of its population living in poverty over the 

11 past 30 years, as measured by the 1990 and 2000 decen12 nial censuses and the most recent Small Area Income and 

13 Poverty Estimates. 

14 INTERNAL REVENUE SERVICE

15 TAXPAYER SERVICES

16 For necessary expenses of the Internal Revenue Serv17 ice to provide taxpayer services, including pre-filing assist18 ance and education, filing and account services, taxpayer 

19 advocacy services, and other services as authorized by 5 

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

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

22 $6,500,000 shall be for the Tax Counseling for the Elderly 

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

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

25 which not less than $15,000,000 to remain available until 


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1 September 30, 2018, shall be available for a Community 

2 Volunteer Income Tax Assistance matching grants pro3 gram for tax return preparation assistance, and of which 

4 not less than $206,000,000 shall be available for operating 

5 expenses of the Taxpayer Advocate Service: Provided, 

6 That of the amounts made available for the Taxpayer Ad7 vocate Service, not less than $5,000,000 shall be for iden8 tity theft casework. 

9 ENFORCEMENT

10 For necessary expenses for tax enforcement activities 

11 of the Internal Revenue Service to determine and collect 

12 owed taxes, to provide legal and litigation support, to con13 duct criminal investigations, to enforce criminal statutes 

14 related to violations of internal revenue laws and other fi15 nancial crimes, to purchase and hire passenger motor vehi16 cles (31 U.S.C. 1343(b)), and to provide other services 

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

18 determined by the Commissioner, $4,760,000,000, of 

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

20 until September 30, 2018, and of which not less than 

21 $60,257,000 shall be for the Interagency Crime and Drug 

22 Enforcement program. 

23 OPERATIONS SUPPORT

24 For necessary expenses of the Internal Revenue Serv25 ice to support taxpayer services and enforcement proVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 grams, including rent payments; facilities services; print2 ing; postage; physical security; headquarters and other 

3 IRS-wide administration activities; research and statistics 

4 of income; telecommunications; information technology de5 velopment, enhancement, operations, maintenance, and se6 curity; the hire of passenger motor vehicles (31 U.S.C. 

7 1343(b)); the operations of the Internal Revenue Service 

8 Oversight Board; and other services as authorized by 5 

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

10 Commissioner; $3,502,446,000, of which not to exceed 

11 $50,000,000 shall remain available until September 30, 

12 2018; of which not to exceed $6,000,000 shall remain 

13 available until expended for acquisition of equipment and 

14 construction, repair and renovation of facilities; of which 

15 not to exceed $1,000,000 shall remain available until Sep16 tember 30, 2019, for research; of which not to exceed 

17 $20,000 shall be for official reception and representation 

18 expenses: Provided, That not later than 30 days after the 

19 end of each quarter, the Internal Revenue Service shall 

20 submit a report to the Committees on Appropriations of 

21 the House of Representatives and the Senate and the 

22 Comptroller General of the United States detailing the 

23 cost and schedule performance for its major information 

24 technology investments, including the purpose and life25 cycle stages of the investments; the reasons for any cost 


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1 and schedule variances; the risks of such investments and 

2 strategies the Internal Revenue Service is using to miti3 gate such risks; and the expected developmental mile4 stones to be achieved and costs to be incurred in the next 

5 quarter: Provided further, That the Internal Revenue Serv6 ice shall include, in its budget justification for fiscal year 

7 2018, a summary of cost and schedule performance infor8 mation for its major information technology systems. 

9 BUSINESS SYSTEMS MODERNIZATION

10 For necessary expenses of the Internal Revenue Serv11 ice’s business systems modernization program, 

12 $290,000,000, to remain available until September 30, 

13 2019, for the capital asset acquisition of information tech14 nology systems, including management and related con15 tractual costs of said acquisitions, including related Inter16 nal Revenue Service labor costs, and contractual costs as17 sociated with operations authorized by 5 U.S.C. 3109: 

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

19 each quarter, the Internal Revenue Service shall submit 

20 a report to the Committees on Appropriations of the 

21 House of Representatives and the Senate and the Comp22 troller General of the United States detailing the cost and 

23 schedule performance for CADE 2 and Modernized e-File 

24 information technology investments, including the pur25 poses and life-cycle stages of the investments; the reasons 


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1 for any cost and schedule variances; the risks of such in2 vestments and the strategies the Internal Revenue Service 

3 is using to mitigate such risks; and the expected develop4 mental milestones to be achieved and costs to be incurred 

5 in the next quarter. 

6 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

7 SERVICE

8 (INCLUDING TRANSFERS OF FUNDS)

9 SEC. 101. Not to exceed 5 percent of any appropria10 tion made available in this Act to the Internal Revenue 

11 Service may be transferred to any other Internal Revenue 

12 Service appropriation upon the advance approval of the 

13 Committees on Appropriations. 

14 SEC. 102. The Internal Revenue Service shall main15 tain an employee training program, which shall include the 

16 following topics: taxpayers’ rights, dealing courteously 

17 with taxpayers, cross-cultural relations, ethics, and the im18 partial application of tax law. 

19 SEC. 103. The Internal Revenue Service shall insti20 tute and enforce policies and procedures that will safe21 guard the confidentiality of taxpayer information and pro22 tect taxpayers against identity theft. 

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

24 Act to the Internal Revenue Service shall be available for 

25 improved facilities and increased staffing to provide suffiVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 cient and effective 1–800 help line service for taxpayers. 

2 The Commissioner shall continue to make improvements 

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

4 a priority and allocate resources necessary to enhance the 

5 response time to taxpayer communications, particularly 

6 with regard to victims of tax-related crimes. 

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

8 Internal Revenue Service by this or any other Act may 

9 be used to make a video unless the Service-Wide Video 

10 Editorial Board determines in advance that making the 

11 video is appropriate, taking into account the cost, topic, 

12 tone, and purpose of the video. 

13 SEC. 106. The Internal Revenue Service shall issue 

14 a notice of confirmation of any address change relating 

15 to an employer making employment tax payments, and 

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

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

18 Revenue Service shall give special consideration to an 

19 offer-in-compromise from a taxpayer who has been the vic20 tim of fraud by a third party payroll tax preparer. 

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

22 this or any other Act may be used by the Internal Revenue 

23 Service to target citizens of the United States for exer24 cising any right guaranteed under the First Amendment 

25 to the Constitution of the United States. 


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

2 or any other Act may be used by the Internal Revenue 

3 Service to target groups for regulatory scrutiny based on 

4 their ideological beliefs. 

5 SEC. 109. None of funds made available by this or 

6 any other Act to the Internal Revenue Service shall be 

7 obligated or expended on conferences that do not adhere 

8 to the procedures, verification processes, documentation 

9 requirements, and policies issued by the Chief Financial 

10 Officer, Human Capital Office, and Agency-Wide Shared 

11 Services as a result of the recommendations in the report 

12 published on May 31, 2013, by the Treasury Inspector 

13 General for Tax Administration entitled ‘‘Review of the 

14 August 2010 Small Business/Self-Employed Division’s 

15 Conference in Anaheim, California’’ (Reference Number 

16 2013–10–037). 

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

18 or any other Act may be used to pay the salaries or ex19 penses of any individual to carry out any transfer of funds 

20 to the Internal Revenue Service under the Patient Protec21 tion and Affordable Care Act (Public Law 111–148) or 

22 the Health Care and Education Reconciliation Act of 2010 

23 (Public Law 111–152). 

24 SEC. 111. None of the funds made available by this 

25 or any other Act may be used by the Internal Revenue 


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1 Service to implement or enforce section 5000A of the In2 ternal Revenue Code of 1986, section 6055 of such Code, 

3 section 1502(c) of the Patient Protection and Affordable 

4 Care Act (Public Law 111–148), or any amendments 

5 made by section 1502(b) of such Act. 

6 SEC. 112. None of the funds made available in this 

7 or any other Act to the Internal Revenue Service may be 

8 obligated or expended— 

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

10 a bonus, award, or recognition program; or 

11 (2) under any hiring or personnel selection 

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

13 unless such program or process takes into account the 

14 conduct and Federal tax compliance of such employee or 

15 former employee. 

16 SEC. 113. None of the funds made available by this 

17 or any other Act may be used in contravention of section 

18 6103 of the Internal Revenue Code of 1986 (relating to 

19 confidentiality and disclosure of returns and return infor20 mation). 

21 SEC. 114. Except to the extent provided in section 

22 6014, 6020, or 6201(d) of the Internal Revenue Code of 

23 1986, none of the funds in this or any other Act shall 

24 be available to the Secretary of the Treasury to provide 

25 to any person a proposed final return or statement for 


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1 use by such person to satisfy a filing or reporting require2 ment under such Code. 

3 SEC. 115. In addition to the amounts otherwise made 

4 available in this Act for the Internal Revenue Service, 

5 $290,000,000, to be available until September 30, 2018, 

6 shall be transferred by the Commissioner to the ‘‘Tax7 payer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ 

8 accounts of the Internal Revenue Service for an additional 

9 amount to be used solely for measurable improvements in 

10 the customer service representative level of service rate, 

11 to improve the identification and prevention of refund 

12 fraud and identity theft, and to enhance cybersecurity to 

13 safeguard taxpayer data: Provided, That such funds shall 

14 supplement, not supplant any other amounts made avail15 able by the Internal Revenue Service for such purpose: 

16 Provided further, That such funds shall not be available 

17 until the Commissioner submits to the Committees on Ap18 propriations of the House of Representatives and the Sen19 ate a spending plan for such funds: Provided further, That 

20 such funds shall not be used to support any provision of 

21 Public Law 111–148, Public Law 111–152, or any amend22 ment made by either such Public Law. 


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1 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE

2 TREASURY

3 (INCLUDING TRANSFERS OF FUNDS)

4 SEC. 116. Appropriations to the Department of the 

5 Treasury in this Act shall be available for uniforms or al6 lowances therefor, as authorized by law (5 U.S.C. 5901), 

7 including maintenance, repairs, and cleaning; purchase of 

8 insurance for official motor vehicles operated in foreign 

9 countries; purchase of motor vehicles without regard to the 

10 general purchase price limitations for vehicles purchased 

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

12 contracts with the Department of State for the furnishing 

13 of health and medical services to employees and their de14 pendents serving in foreign countries; and services author15 ized by 5 U.S.C. 3109. 

16 SEC. 117. Not to exceed 2 percent of any appropria17 tions in this title made available under the headings ‘‘De18 partmental Offices—Salaries and Expenses’’, ‘‘Office of 

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

20 Troubled Asset Relief Program’’, ‘‘Financial Crimes En21 forcement Network’’, ‘‘Bureau of the Fiscal Service’’, 

22 ‘‘Community Development Financial Institutions Fund 

23 Program Account’’, and ‘‘Alcohol and Tobacco Tax and 

24 Trade Bureau’’ may be transferred between such appro25 priations upon the advance approval of the Committees 


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1 on Appropriations of the House of Representatives and the 

2 Senate: Provided, That no transfer under this section may 

3 increase or decrease any such appropriation by more than 

4 2 percent. 

5 SEC. 118. Not to exceed 2 percent of any appropria6 tion made available in this Act to the Internal Revenue 

7 Service may be transferred to the Treasury Inspector Gen8 eral for Tax Administration’s appropriation upon the ad9 vance approval of the Committees on Appropriations of 

10 the House of Representatives and the Senate: Provided, 

11 That no transfer may increase or decrease any such appro12 priation by more than 2 percent. 

13 SEC. 119. None of the funds appropriated in this Act 

14 or otherwise available to the Department of the Treasury 

15 or the Bureau of Engraving and Printing may be used 

16 to redesign the $1 Federal Reserve note. 

17 SEC. 120. The Secretary of the Treasury may trans18 fer funds from the ‘‘Bureau of the Fiscal Service—Sala19 ries and Expenses’’ to the Debt Collection Fund as nec20 essary to cover the costs of debt collection: Provided, That 

21 such amounts shall be reimbursed to such salaries and ex22 penses account from debt collections received in the Debt 

23 Collection Fund. 

24 SEC. 121. None of the funds appropriated or other25 wise made available by this or any other Act may be used 


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1 by the United States Mint to construct or operate any mu2 seum without the explicit approval of the Committees on 

3 Appropriations of the House of Representatives and the 

4 Senate, the House Committee on Financial Services, and 

5 the Senate Committee on Banking, Housing, and Urban 

6 Affairs. 

7 SEC. 122. None of the funds appropriated or other8 wise made available by this or any other Act or source 

9 to the Department of the Treasury, the Bureau of Engrav10 ing and Printing, and the United States Mint, individually 

11 or collectively, may be used to consolidate any or all func12 tions of the Bureau of Engraving and Printing and the 

13 United States Mint without the explicit approval of the 

14 House Committee on Financial Services; the Senate Com15 mittee on Banking, Housing, and Urban Affairs; and the 

16 Committees on Appropriations of the House of Represent17 atives and the Senate. 

18 SEC. 123. Funds appropriated by this Act, or made 

19 available by the transfer of funds in this Act, for the De20 partment of the Treasury’s intelligence or intelligence re21 lated activities are deemed to be specifically authorized by 

22 the Congress for purposes of section 504 of the National 

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

24 2017 until the enactment of the Intelligence Authorization 

25 Act for Fiscal Year 2017. 


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1 SEC. 124. Not to exceed $5,000 shall be made avail2 able from the Bureau of Engraving and Printing’s Indus3 trial Revolving Fund for necessary official reception and 

4 representation expenses. 

5 SEC. 125. The Secretary of the Treasury shall submit 

6 a Capital Investment Plan to the Committees on Appro7 priations of the Senate and the House of Representatives 

8 not later than 30 days following the submission of the an9 nual budget submitted by the President: Provided, That 

10 such Capital Investment Plan shall include capital invest11 ment spending from all accounts within the Department 

12 of the Treasury, including but not limited to the Depart13 ment-wide Systems and Capital Investment Programs ac14 count, Treasury Franchise Fund account, and the Treas15 ury Forfeiture Fund account: Provided further, That such 

16 Capital Investment Plan shall include expenditures occur17 ring in previous fiscal years for each capital investment 

18 project that has not been fully completed. 

19 SEC. 126. Within 45 days after the date of enactment 

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

21 an itemized report to the Committees on Appropriations 

22 of the House of Representatives and the Senate on the 

23 amount of total funds charged to each office by the Fran24 chise Fund including the amount charged for each service 

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


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1 description of the services, a detailed explanation of how 

2 each charge for each service is calculated, and a descrip3 tion of the role customers have in governing in the Fran4 chise Fund. 

5 SEC. 127. During fiscal year 2017— 

6 (1) none of the funds made available in this or 

7 any other Act may be used by the Department of 

8 the Treasury, including the Internal Revenue Serv9 ice, to issue, revise, or finalize any regulation, rev10 enue ruling, or other guidance not limited to a par11 ticular taxpayer relating to the standard which is 

12 used to determine whether an organization is oper13 ated exclusively for the promotion of social welfare 

14 for purposes of section 501(c)(4) of the Internal 

15 Revenue Code of 1986 (including the proposed regu16 lations published at 78 Fed. Reg. 71535 (November 

17 29, 2013)); and 

18 (2) the standard and definitions as in effect on 

19 January 1, 2010, which are used to make such de20 terminations shall apply after the date of the enact21 ment of this Act for purposes of determining status 

22 under section 501(c)(4) of such Code of organiza23 tions created on, before, or after such date. 

24 SEC. 128. (a) Not later than 60 days after the end 

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


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1 Office of Financial Research shall submit reports on their 

2 activities to the Committees on Appropriations of the 

3 House of Representatives and the Senate, the Committee 

4 on Financial Services of the House of Representatives and 

5 the Senate Committee on Banking, Housing, and Urban 

6 Affairs. 

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

8 include— 

9 (1) the obligations made during the previous 

10 quarter by object class, office, and activity; 

11 (2) the estimated obligations for the remainder 

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

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

14 each office during the previous quarter; 

15 (4) the estimated number of full-time equiva16 lents within each office for the remainder of the fis17 cal year; and 

18 (5) actions taken to achieve the goals, objec19 tives, and performance measures of each office. 

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

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

22 Office of Financial Research shall make officials available 

23 to testify on the contents of the reports required under 

24 subsection (a). 


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1 SEC. 129. During fiscal year 2017, the Office of Fi2 nancial Research shall provide for a public notice period 

3 of not less than 90 days before issuing any proposed re4 port, rule, or regulation. 

5 SEC. 130. (a) Section 155 of Public Law 111–203 

6 is amended as follows: 

7 (1) In subsection (b)— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘immediately’’; and 

10 (ii) by inserting ‘‘as provided for in 

11 appropriation Acts’’ after ‘‘to the Office’’; 

12 (B) by striking paragraph (2); and 

13 (C) by redesignating paragraph (3) as 

14 paragraph (2). 

15 (2) In subsection (d), by striking the heading 

16 and inserting ‘‘ASSESSMENT SCHEDULE.—’’. 

17 (b) The amendments made by subsection (a) shall 

18 take effect on October 1, 2017. 

19 SEC. 131. None of the funds appropriated or other20 wise made available in this Act may be obligated or ex21 pended to provide for the enforcement of any rule, regula22 tion, policy, or guideline implemented pursuant to the De23 partment of the Treasury Guidance for United States Po24 sitions on MDBs Engaging with Developing Countries on 

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


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

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

3 the carrying out of any coal-fired or other power-genera4 tion project the purpose of which is to increase exports 

5 of goods and services from the United States or prevent 

6 the loss of jobs from the United States. 

7 SEC. 132. None of the funds made available in this 

8 Act may be used to approve, license, facilitate, authorize, 

9 or otherwise allow, whether by general or specific license, 

10 travel-related or other transactions incident to non-aca11 demic educational exchanges described in section 

12 515.565(b)(2) of title 31, Code of Federal Regulations. 

13 SEC. 133. (a) None of the funds made available by 

14 this Act may be used to approve, license, facilitate, author15 ize, or otherwise allow the use, purchase, trafficking, or 

16 import of property confiscated by the Cuban Government. 

17 (b) In this section, the terms ‘‘confiscated’’, ‘‘Cuban 

18 Government’’, ‘‘property’’, and ‘‘traffic’’ have the mean19 ings given such terms in paragraphs (4), (5), (12)(A), and 

20 (13), respectively, of section 4 of the Cuban Liberty and 

21 Democratic Solidarity (LIBERTAD) Act of 1996 (22 

22 U.S.C. 6023). 

23 SEC. 134. (a) None of the funds made available by 

24 this Act may be used to approve, license, facilitate, author25 ize, or otherwise allow any financial transaction with an 


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1 entity owned or controlled, in whole or in part, by the 

2 Cuban military or intelligence service or with any officer 

3 of the Cuban military or intelligence service, or an imme4 diate family member thereof. 

5 (b) The limitation on the use of funds under this sec6 tion does not apply to financial transactions with respect 

7 to exports of goods permitted under the Trade Sanctions 

8 Reform and Export Enhancement Act of 2000 (22 U.S.C. 

9 7201 et seq.) or to payments in furtherance of the lease 

10 agreement or other financial transactions necessary for 

11 maintenance and improvements of the United States 

12 Naval Station, Guantanamo Bay, Cuba, including any ad13 jacent areas under the control or possession of the United 

14 States. 

15 (c) In this section— 

16 (1) the term ‘‘Cuban military’’ includes the 

17 Ministry of the Revolutionary Armed Forces and the 

18 Ministry of the Interior, and their subsidiaries; and 

19 (2) the term ‘‘immediate family member’’ 

20 means a spouse, sibling, child (adopted or other21 wise), parent, grandparent, grandchild, aunt, uncle, 

22 niece, or nephew. 

23 SEC. 135. (a) None of the funds made available in 

24 this Act may be used to authorize a general license or ap25 prove a specific license under section 501.801 or 515.527 


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1 of title 31, Code of Federal Regulations, with respect to 

2 a mark, trade name, or commercial name that is the same 

3 as or substantially similar to a mark, trade name, or com4 mercial name that was used in connection with a business 

5 or assets that were confiscated unless the original owner 

6 of the mark, trade name, or commercial name, or the 

7 bona-fide successor-in-interest has expressly consented. 

8 (b) In this section, the term ‘‘confiscated’’ has a 

9 meaning given such term in section 4(4) of the Cuban Lib10 erty and Democratic Solidarity (LIBERTAD) Act of 1996 

11 (22 U.S.C. 6023(4)). 

12 SEC. 136. None of the funds made available by this 

13 Act may be used by the Internal Revenue Service to make 

14 a determination that a church, an integrated auxiliary of 

15 a church, or a convention or association of churches is not 

16 exempt from taxation for participating in, or intervening 

17 in, any political campaign on behalf of (or in opposition 

18 to) any candidate for public office unless— 

19 (1) the Commissioner of Internal Revenue con20 sents to such determination; 

21 (2) not later than 30 days after such deter22 mination, the Commissioner notifies the Committee 

23 on Ways and Means of the House of Representatives 

24 and the Committee on Finance of the Senate of such 

25 determination; and 


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1 (3) such determination is effective with respect 

2 to the church, integrated auxiliary of a church, or 

3 convention or association of churches not earlier 

4 than 90 days after the date of the notification under 

5 paragraph (2). 

6 Consent under paragraph (1) may not be delegated. 

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

8 Treasury Appropriations Act, 2017’’. 

9 TITLE II 

10 EXECUTIVE OFFICE OF THE PRESIDENT AND 

11 FUNDS APPROPRIATED TO THE PRESIDENT 

12 THE WHITE HOUSE

13 SALARIES AND EXPENSES

14 For necessary expenses for the White House as au15 thorized by law, including not to exceed $3,850,000 for 

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

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

18 shall be expended and accounted for as provided in that 

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

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

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

22 official reception and representation expenses, to be avail23 able for allocation within the Executive Office of the Presi24 dent; and for necessary expenses of the Office of Policy 


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

2 3109 and 3 U.S.C. 107, $55,000,000. 

3 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

4 OPERATING EXPENSES

5 For necessary expenses of the Executive Residence 

6 at the White House, $12,723,000, to be expended and ac7 counted for as provided by 3 U.S.C. 105, 109, 110, and 

8 112–114. 

9 REIMBURSABLE EXPENSES

10 For the reimbursable expenses of the Executive Resi11 dence at the White House, such sums as may be nec12 essary: Provided, That all reimbursable operating expenses 

13 of the Executive Residence shall be made in accordance 

14 with the provisions of this paragraph: Provided further, 

15 That, notwithstanding any other provision of law, such 

16 amount for reimbursable operating expenses shall be the 

17 exclusive authority of the Executive Residence to incur ob18 ligations and to receive offsetting collections, for such ex19 penses: Provided further, That the Executive Residence 

20 shall require each person sponsoring a reimbursable polit21 ical event to pay in advance an amount equal to the esti22 mated cost of the event, and all such advance payments 

23 shall be credited to this account and remain available until 

24 expended: Provided further, That the Executive Residence 

25 shall require the national committee of the political party 


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

2 separately accounted for and available for expenses relat3 ing to reimbursable political events sponsored by such 

4 committee during such fiscal year: Provided further, That 

5 the Executive Residence shall ensure that a written notice 

6 of any amount owed for a reimbursable operating expense 

7 under this paragraph is submitted to the person owing 

8 such amount within 60 days after such expense is in9 curred, and that such amount is collected within 30 days 

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

11 the Executive Residence shall charge interest and assess 

12 penalties and other charges on any such amount that is 

13 not reimbursed within such 30 days, in accordance with 

14 the interest and penalty provisions applicable to an out15 standing debt on a United States Government claim under 

16 31 U.S.C. 3717: Provided further, That each such amount 

17 that is reimbursed, and any accompanying interest and 

18 charges, shall be deposited in the Treasury as miscella19 neous receipts: Provided further, That the Executive Resi20 dence shall prepare and submit to the Committees on Ap21 propriations, by not later than 90 days after the end of 

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

23 the reimbursable operating expenses of the Executive Res24 idence during the preceding fiscal year, including the total 

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


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1 consists of reimbursable official and ceremonial events, the 

2 amount of such total that consists of reimbursable political 

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

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

5 That the Executive Residence shall maintain a system for 

6 the tracking of expenses related to reimbursable events 

7 within the Executive Residence that includes a standard 

8 for the classification of any such expense as political or 

9 nonpolitical: Provided further, That no provision of this 

10 paragraph may be construed to exempt the Executive Res11 idence from any other applicable requirement of sub12 chapter I or II of chapter 37 of title 31, United States 

13 Code. 

14 WHITE HOUSE REPAIR AND RESTORATION

15 For the repair, alteration, and improvement of the 

16 Executive Residence at the White House pursuant to 3 

17 U.S.C. 105(d), $750,000, to remain available until ex18 pended, for required maintenance, resolution of safety and 

19 health issues, and continued preventative maintenance. 

20 COUNCIL OF ECONOMIC ADVISERS

21 SALARIES AND EXPENSES

22 For necessary expenses of the Council of Economic 

23 Advisers in carrying out its functions under the Employ24 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,200,000. 


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1 NATIONAL SECURITY COUNCIL AND HOMELAND

2 SECURITY COUNCIL

3 SALARIES AND EXPENSES

4 For necessary expenses of the National Security 

5 Council and the Homeland Security Council, including 

6 services as authorized by 5 U.S.C. 3109, $10,896,000. 

7 OFFICE OF ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Administra10 tion, including services as authorized by 5 U.S.C. 3109 

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

12 $96,116,000, of which not to exceed $12,760,000 shall re13 main available until expended for continued modernization 

14 of information resources within the Executive Office of the 

15 President. 

16 PRESIDENTIAL TRANSITION ADMINISTRATIVE SUPPORT

17 (INCLUDING TRANSFER OF FUNDS)

18 For expenses of the Office of Administration to carry 

19 out the Presidential Transition Act of 1963 and similar 

20 expenses, in addition to amounts otherwise appropriated 

21 by law, $7,582,000: Provided, That such funds may be 

22 transferred to other accounts that provide funding for of23 fices within the Executive Office of the President and the 

24 Office of the Vice President in this Act or any other Act, 

25 to carry out such purposes. 


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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, $91,000,000, 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 three full25 time equivalent senior staff positions 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, $19,274,000: 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, $253,000,000, to remain available until 

22 September 30, 2018, 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 2015 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, 2016, shall be funded at not less than 

14 the fiscal year 2016 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 2017 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), $111,871,000, to re13 main available until expended, which shall be available as 

14 follows: $97,000,000 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; $2,121,000 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 INFORMATION TECHNOLOGY OVERSIGHT AND REFORM

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses for the furtherance of inte4 grated, efficient, secure, and effective uses of information 

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

6 remain available until expended: Provided, That the Direc7 tor of the Office of Management and Budget may transfer 

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

9 projects to meet these purposes. 

10 SPECIAL ASSISTANCE TO THE PRESIDENT

11 SALARIES AND EXPENSES

12 For necessary expenses to enable the Vice President 

13 to provide assistance to the President in connection with 

14 specially assigned functions; services as authorized by 5 

15 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex16 penses as authorized by 3 U.S.C. 106, which shall be ex17 pended and accounted for as provided in that section; and 

18 hire of passenger motor vehicles, $4,228,000. 

19 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

20 OPERATING EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For the care, operation, refurnishing, improvement, 

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

24 lighting, including electric power and fixtures, of the offi25 cial residence of the Vice President; the hire of passenger 


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

2 U.S.C. 106(b)(2), $299,000: Provided, That advances, re3 payments, or transfers from this appropriation may be 

4 made to any department or agency for expenses of car5 rying out such activities. 

6 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF

7 THE PRESIDENT AND FUNDS APPROPRIATED TO

8 THE PRESIDENT

9 (INCLUDING TRANSFER OF FUNDS)

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

11 under the headings ‘‘The White House’’, ‘‘Executive Resi12 dence at the White House’’, ‘‘White House Repair and 

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

14 Security Council and Homeland Security Council’’, ‘‘Of15 fice of Administration’’, ‘‘Special Assistance to the Presi16 dent’’, and ‘‘Official Residence of the Vice President’’, the 

17 Director of the Office of Management and Budget (or 

18 such other officer as the President may designate in writ19 ing), may, with advance approval of the Committees on 

20 Appropriations of the House of Representatives and the 

21 Senate, transfer not to exceed 10 percent of any such ap22 propriation to any other such appropriation, to be merged 

23 with and available for the same time and for the same 

24 purposes as the appropriation to which transferred: Pro25 vided, That the amount of an appropriation shall not be 


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1 increased by more than 50 percent by such transfers: Pro2 vided further, That no amount shall be transferred from 

3 ‘‘Special Assistance to the President’’ or ‘‘Official Resi4 dence of the Vice President’’ without the approval of the 

5 Vice President. 

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

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

8 and Budget shall submit a report to the Committees on 

9 Appropriations of the House of Representatives and the 

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

11 Street Reform and Consumer Protection Act (Public Law 

12 111–203). Such report shall include— 

13 (1) the estimated mandatory and discretionary 

14 obligations of funds through fiscal year 2019, by 

15 Federal agency and by fiscal year, including— 

16 (A) the estimated obligations by cost in17 puts such as rent, information technology, con18 tracts, and personnel; 

19 (B) the methodology and data sources used 

20 to calculate such estimated obligations; and 

21 (C) the specific section of such Act that re22 quires the obligation of funds; and 

23 (2) the estimated receipts through fiscal year 

24 2019 from assessments, user fees, and other fees by 


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1 the Federal agency making the collections, by fiscal 

2 year, including— 

3 (A) the methodology and data sources used 

4 to calculate such estimated collections; and 

5 (B) the specific section of such Act that 

6 authorizes the collection of funds. 

7 SEC. 203. (a) During fiscal year 2017, any Executive 

8 order or Presidential memorandum issued or revoked by 

9 the President shall be accompanied by a written statement 

10 from the Director of the Office of Management and Budg11 et on the budgetary impact, including costs, benefits, and 

12 revenues, of such order or memorandum. 

13 (b) Any such statement shall include— 

14 (1) a narrative summary of the budgetary im15 pact of such order or memorandum on the Federal 

16 Government; 

17 (2) the impact on mandatory and discretionary 

18 obligations and outlays as the result of such order 

19 or memorandum, listed by Federal agency, for each 

20 year in the 5-fiscal-year period beginning in fiscal 

21 year 2017; and 

22 (3) the impact on revenues of the Federal Gov23 ernment as the result of such order or memorandum 

24 over the 5-fiscal-year period beginning in fiscal year 

25 2017. 


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1 (c) If an Executive order or Presidential memo2 randum is issued during fiscal year 2017 due to a national 

3 emergency, the Director of the Office of Management and 

4 Budget may issue the statement required by subsection 

5 (a) not later than 15 days after the date that such order 

6 or memorandum is issued. 

7 SEC. 204. None of the funds made available in this 

8 Act may be used to pay the salaries and expenses of any 

9 officer or employee of the Executive Office of the Presi10 dent to prepare, sign, or approve statements abrogating 

11 legislation passed by the House of Representatives and the 

12 Senate and signed by the President. 

13 SEC. 205. None of the funds made available by this 

14 Act may be used to pay the salaries and expenses of any 

15 officer or employee of the Executive Office of the Presi16 dent to prepare or implement an Executive order or Presi17 dential memorandum that contravenes existing law. 

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

19 the President Appropriations Act, 2017’’. 

20 TITLE III 

21 THE JUDICIARY 

22 SUPREME COURT OF THE UNITED STATES

23 SALARIES AND EXPENSES

24 For expenses necessary for the operation of the Su25 preme Court, as required by law, excluding care of the 


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1 building and grounds, including hire of passenger motor 

2 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 

3 to exceed $10,000 for official reception and representation 

4 expenses; and for miscellaneous expenses, to be expended 

5 as the Chief Justice may approve, $76,668,000, of which 

6 $1,500,000 shall remain available until expended. 

7 In addition, there are appropriated such sums as may 

8 be necessary under current law for the salaries of the chief 

9 justice and associate justices of the court. 

10 CARE OF THE BUILDING AND GROUNDS

11 For such expenditures as may be necessary to enable 

12 the Architect of the Capitol to carry out the duties im13 posed upon the Architect by 40 U.S.C. 6111 and 6112, 

14 $14,868,000, to remain available until expended. 

15 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

16 CIRCUIT

17 SALARIES AND EXPENSES

18 For salaries of officers and employees, and for nec19 essary expenses of the court, as authorized by law, 

20 $30,108,000. 

21 In addition, there are appropriated such sums as may 

22 be necessary under current law for the salaries of the chief 

23 judge and judges of the court. 


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1 UNITED STATES COURT OF INTERNATIONAL TRADE

2 SALARIES AND EXPENSES

3 For salaries of officers and employees of the court, 

4 services, and necessary expenses of the court, as author5 ized by law, $18,462,000. 

6 In addition, there are appropriated such sums as may 

7 be necessary under current law for the salaries of the chief 

8 judge and judges of the court. 

9 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

10 JUDICIAL SERVICES

11 SALARIES AND EXPENSES

12 For the salaries of judges of the United States Court 

13 of Federal Claims, magistrate judges, and all other offi14 cers and employees of the Federal Judiciary not otherwise 

15 specifically provided for, necessary expenses of the courts, 

16 and the purchase, rental, repair, and cleaning of uniforms 

17 for Probation and Pretrial Services Office staff, as author18 ized by law, $5,010,000,000 (including the purchase of 

19 firearms and ammunition); of which not to exceed 

20 $27,817,000 shall remain available until expended for 

21 space alteration projects and for furniture and furnishings 

22 related to new space alteration and construction projects. 

23 In addition, there are appropriated such sums as may 

24 be necessary under current law for the salaries of circuit 

25 and district judges (including judges of the territorial 


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1 courts of the United States), bankruptcy judges, and jus2 tices and judges retired from office or from regular active 

3 service. 

4 In addition, for expenses of the United States Court 

5 of Federal Claims associated with processing cases under 

6 the National Childhood Vaccine Injury Act of 1986 (Pub7 lic Law 99–660), not to exceed $6,260,000, to be appro8 priated from the Vaccine Injury Compensation Trust 

9 Fund. 

10 DEFENDER SERVICES

11 For the operation of Federal Defender organizations; 

12 the compensation and reimbursement of expenses of attor13 neys appointed to represent persons under 18 U.S.C. 

14 3006A and 3599, and for the compensation and reim15 bursement of expenses of persons furnishing investigative, 

16 expert, and other services for such representations as au17 thorized by law; the compensation (in accordance with the 

18 maximums under 18 U.S.C. 3006A) and reimbursement 

19 of expenses of attorneys appointed to assist the court in 

20 criminal cases where the defendant has waived representa21 tion by counsel; the compensation and reimbursement of 

22 expenses of attorneys appointed to represent jurors in civil 

23 actions for the protection of their employment, as author24 ized by 28 U.S.C. 1875(d)(1); the compensation and reim25 bursement of expenses of attorneys appointed under 18 


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1 U.S.C. 983(b)(1) in connection with certain judicial civil 

2 forfeiture proceedings; the compensation and reimburse3 ment of travel expenses of guardians ad litem appointed 

4 under 18 U.S.C. 4100(b); and for necessary training and 

5 general administrative expenses, $1,056,326,000, to re6 main available until expended. 

7 FEES OF JURORS AND COMMISSIONERS

8 For fees and expenses of jurors as authorized by 28 

9 U.S.C. 1871 and 1876; compensation of jury commis10 sioners as authorized by 28 U.S.C. 1863; and compensa11 tion of commissioners appointed in condemnation cases 

12 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro13 cedure (28 U.S.C. Appendix Rule 71.1(h)), $43,723,000, 

14 to remain available until expended: Provided, That the 

15 compensation of land commissioners shall not exceed the 

16 daily equivalent of the highest rate payable under 5 U.S.C. 

17 5332. 

18 COURT SECURITY

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary expenses, not otherwise provided for, 

21 incident to the provision of protective guard services for 

22 United States courthouses and other facilities housing 

23 Federal court operations, and the procurement, installa24 tion, and maintenance of security systems and equipment 

25 for United States courthouses and other facilities housing 


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1 Federal court operations, including building ingress-egress 

2 control, inspection of mail and packages, directed security 

3 patrols, perimeter security, basic security services provided 

4 by the Federal Protective Service, and other similar activi5 ties as authorized by section 1010 of the Judicial Improve6 ment and Access to Justice Act (Public Law 100–702), 

7 $565,388,000, of which not to exceed $20,000,000 shall 

8 remain available until expended, to be expended directly 

9 or transferred to the United States Marshals Service, 

10 which shall be responsible for administering the Judicial 

11 Facility Security Program consistent with standards or 

12 guidelines agreed to by the Director of the Administrative 

13 Office of the United States Courts and the Attorney Gen14 eral. 

15 ADMINISTRATIVE OFFICE OF THE UNITED STATES

16 COURTS

17 SALARIES AND EXPENSES

18 For necessary expenses of the Administrative Office 

19 of the United States Courts as authorized by law, includ20 ing travel as authorized by 31 U.S.C. 1345, hire of a pas21 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 

22 advertising and rent in the District of Columbia and else23 where, $87,500,000, of which not to exceed $8,500 is au24 thorized for official reception and representation expenses. 


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1 FEDERAL JUDICIAL CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Judicial Cen4 ter, as authorized by Public Law 90–219, $28,200,000; 

5 of which $1,800,000 shall remain available through Sep6 tember 30, 2018, to provide education and training to 

7 Federal court personnel; and of which not to exceed 

8 $1,500 is authorized for official reception and representa9 tion expenses. 

10 UNITED STATES SENTENCING COMMISSION

11 SALARIES AND EXPENSES

12 For the salaries and expenses necessary to carry out 

13 the provisions of chapter 58 of title 28, United States 

14 Code, $18,000,000, of which not to exceed $1,000 is au15 thorized for official reception and representation expenses. 

16 ADMINISTRATIVE PROVISIONS—THE JUDICIARY

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 301. Appropriations and authorizations made in 

19 this title which are available for salaries and expenses shall 

20 be available for services as authorized by 5 U.S.C. 3109. 

21 SEC. 302. Not to exceed 5 percent of any appropria22 tion made available for the current fiscal year for the Judi23 ciary in this Act may be transferred between such appro24 priations, but no such appropriation, except ‘‘Courts of 

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1 fender Services’’ and ‘‘Courts of Appeals, District Courts, 

2 and Other Judicial Services, Fees of Jurors and Commis3 sioners’’, shall be increased by more than 10 percent by 

4 any such transfers: Provided, That any transfer pursuant 

5 to this section shall be treated as a reprogramming of 

6 funds under sections 604 and 608 of this Act and shall 

7 not be available for obligation or expenditure except in 

8 compliance with the procedures set forth in section 608. 

9 SEC. 303. Notwithstanding any other provision of 

10 law, the salaries and expenses appropriation for ‘‘Courts 

11 of Appeals, District Courts, and Other Judicial Services’’ 

12 shall be available for official reception and representation 

13 expenses of the Judicial Conference of the United States: 

14 Provided, That such available funds shall not exceed 

15 $11,000 and shall be administered by the Director of the 

16 Administrative Office of the United States Courts in the 

17 capacity as Secretary of the Judicial Conference. 

18 SEC. 304. Section 3314(a) of title 40, United States 

19 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec20 utive’’ each place it appears. 

21 SEC. 305. In accordance with 28 U.S.C. 561–569, 

22 and notwithstanding any other provision of law, the 

23 United States Marshals Service shall provide, for such 

24 courthouses as its Director may designate in consultation 

25 with the Director of the Administrative Office of the 


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1 United States Courts, for purposes of a pilot program, the 

2 security services that 40 U.S.C. 1315 authorizes the De3 partment of Homeland Security to provide, except for the 

4 services specified in 40 U.S.C. 1315(b)(2)(E). For build5 ing-specific security services at these courthouses, the Di6 rector of the Administrative Office of the United States 

7 Courts shall reimburse the United States Marshals Service 

8 rather than the Department of Homeland Security. 

9 SEC. 306. (a) Section 203(c) of the Judicial Improve10 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

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

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

13 ‘‘25 years and 6 months’’ and inserting ‘‘26 years and 

14 6 months’’. 

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

16 Housing and Urban Development, the Judiciary, the Dis17 trict of Columbia, and Independent Agencies Appropria18 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470; 

19 28 U.S.C. 133 note) is amended in the second sentence 

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

21 ‘‘23 years and 6 months’’ and inserting ‘‘24 years and 

22 6 months’’. 

23 (c) Section 312(c)(2) of the 21st Century Depart24 ment of Justice Appropriations Authorization Act (Public 

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


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1 (1) in the first sentence by striking ‘‘14 years’’ 

2 and inserting ‘‘15 years’’; 

3 (2) in the second sentence (relating to the cen4 tral District of California), by striking ‘‘13 years 

5 and 6 months’’ and inserting ‘‘14 years and 6 

6 months’’; and 

7 (3) in the third sentence (relating to the west8 ern district of North Carolina), by striking ‘‘12 

9 years’’ and inserting ‘‘13 years’’. 

10 SEC. 307. (a) Section 1871(b) of title 28, United 

11 States Code, is amended in paragraph (1) by striking 

12 ‘‘$40’’ and inserting ‘‘$50’’. 

13 (b) EFFECTIVE DATE.— The amendment made 

14 in subsection (a) shall take effect 45 days after the date 

15 of enactment of this Act. 

16 SEC. 308. (a) Section 2(a)(2)(A) of the Temporary 

17 Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 

18 152 note; Public Law 112-121) is amended by striking 

19 ‘‘subparagraphs (B), (C), (D), and (E)’’ and inserting 

20 ‘‘subparagraphs (B), (C), (D), (E), (F), (G), and (H)’’. 

21 (b) Section 2(a)(2) of the Temporary Bankruptcy 

22 Judgeships Extension Act of 2012 (28 U.S.C. 152 note; 

23 Public Law 112-121) is amended by adding at the end 

24 the following: 


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1 ‘‘(F) EASTERN DISTRICT OF MICHIGAN.— 

2 The 1st vacancy in the office of a bankruptcy 

3 judge for the eastern district of Michigan— 

4 ‘‘(i) occurring 6 years or more after 

5 the date of the enactment of this Act, and 

6 ‘‘(ii) resulting from the death, retire7 ment, resignation, or removal of a bank8 ruptcy judge, 

9 shall not be filled. 

10 ‘‘(G) DISTRICT OF PUERTO RICO.—The 1st 

11 vacancy in the office of a bankruptcy judge for 

12 the district of Puerto Rico— 

13 ‘‘(i) occurring 6 years or more after 

14 the date of the enactment of this Act, and 

15 ‘‘(ii) resulting from the death, retire16 ment, resignation, or removal of a bank17 ruptcy judge, 

18 shall not be filled. 

19 ‘‘(H) EASTERN DISTRICT OF VIRGINIA.— 

20 The 1st vacancy in the office of a bankruptcy 

21 judge for the eastern district of Virginia— 

22 ‘‘(i) occurring 6 years or more after 

23 the date of the enactment of this Act, and 


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1 ‘‘(ii) resulting from the death, retire2 ment, resignation, or removal of a bank3 ruptcy judge, 

4 shall not be filled.’’. 

5 (c) Section 2(a)(2)(C) of the Temporary Bankruptcy 

6 Judgeships Extension Act of 2012 (28 U.S.C. 152 note; 

7 Public Law 112-121) is amended— 

8 (1) by redesignating clauses (i) and (ii) as 

9 clauses (ii) and (iii), respectively; 

10 (2) by inserting before clause (ii), as so redesig11 nated, the following: 

12 ‘‘(i) in the case of the 1st and 2d va13 cancies, occurring more than 6 years after 

14 the date of the enactment of this Act,’’; 

15 and 

16 (3) in clause (ii), as so redesignated, by insert17 ing ‘‘in the case of the 3d and 4th vacancies,’’ before 

18 ‘‘occurring more than 5 years’’. 

19 (d) Section 2(a)(2)(D)(i) of the Temporary Bank20 ruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 

21 note; Public Law 112-121) is amended (with regard to the 

22 1st and 2d vacancies in the southern district of Florida) 

23 by striking ‘‘5 years’’ and inserting ‘‘6 years’’. 

24 This title may be cited as the ‘‘Judiciary Appropria25 tions Act, 2017’’. 


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1 TITLE IV 

2 DISTRICT OF COLUMBIA 

3 FEDERAL FUNDS

4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

5 For a Federal payment to the District of Columbia, 

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

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

8 Columbia resident tuition support, $20,000,000, to remain 

9 available until expended: Provided, That such funds, in10 cluding any interest accrued thereon, may be used on be11 half of eligible District of Columbia residents to pay an 

12 amount based upon the difference between in-State and 

13 out-of-State tuition at public institutions of higher edu14 cation, or to pay up to $2,500 each year at eligible private 

15 institutions of higher education: Provided further, That the 

16 awarding of such funds may be prioritized on the basis 

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

18 eligible students and such other factors as may be author19 ized: Provided further, That the District of Columbia gov20 ernment shall maintain a dedicated account for the Resi21 dent Tuition Support Program that shall consist of the 

22 Federal funds appropriated to the Program in this Act 

23 and any subsequent appropriations, any unobligated bal24 ances from prior fiscal years, and any interest earned in 

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


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1 shall be under the control of the District of Columbia 

2 Chief Financial Officer, who shall use those funds solely 

3 for the purposes of carrying out the Resident Tuition Sup4 port Program: Provided further, That the Office of the 

5 Chief Financial Officer shall provide a quarterly financial 

6 report to the Committees on Appropriations of the House 

7 of Representatives and the Senate for these funds show8 ing, by object class, the expenditures made and the pur9 pose therefor. 

10 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

11 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

12 For a Federal payment of necessary expenses, as de13 termined by the Mayor of the District of Columbia in writ14 ten consultation with the elected county or city officials 

15 of surrounding jurisdictions, $40,000,000, to remain 

16 available until expended, for the costs of providing public 

17 safety at events related to the presence of the National 

18 Capital in the District of Columbia, including support re19 quested by the Director of the United States Secret Serv20 ice in carrying out protective duties under the direction 

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

22 of providing support to respond to immediate and specific 

23 terrorist threats or attacks in the District of Columbia or 

24 surrounding jurisdictions. 


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1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2 COURTS

3 For salaries and expenses for the District of Colum4 bia Courts, $274,541,000 to be allocated as follows: for 

5 the District of Columbia Court of Appeals, $14,303,000, 

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

7 representation expenses; for the Superior Court of the 

8 District of Columbia, $124,800,000, of which not to ex9 ceed $2,500 is for official reception and representation ex10 penses; for the District of Columbia Court System, 

11 $74,783,000, of which not to exceed $2,500 is for official 

12 reception and representation expenses; and $60,655,000, 

13 to remain available until September 30, 2018, for capital 

14 improvements for District of Columbia courthouse facili15 ties: Provided, That funds made available for capital im16 provements shall be expended consistent with the District 

17 of Columbia Courts master plan study and facilities condi18 tion assessment: Provided further, That notwithstanding 

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

20 shall be apportioned quarterly by the Office of Manage21 ment and Budget and obligated and expended in the same 

22 manner as funds appropriated for salaries and expenses 

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

24 after providing written notice to the Committees on Ap25 propriations of the House of Representatives and the SenVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 ate, the District of Columbia Courts may reallocate not 

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

3 heading among the items and entities funded under this 

4 heading: Provided further, That the Joint Committee on 

5 Judicial Administration in the District of Columbia may, 

6 by regulation, establish a program substantially similar to 

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

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

9 of Columbia Courts. 

10 FEDERAL PAYMENT FOR DEFENDER SERVICES IN THE

11 DISTRICT OF COLUMBIA COURTS

12 For payments authorized under section 11–2604 and 

13 section 11–2605, D.C. Official Code (relating to represen14 tation provided under the District of Columbia Criminal 

15 Justice Act), payments for counsel appointed in pro16 ceedings in the Family Court of the Superior Court of the 

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

18 Official Code, or pursuant to contractual agreements to 

19 provide guardian ad litem representation, training, tech20 nical assistance, and such other services as are necessary 

21 to improve the quality of guardian ad litem representation, 

22 payments for counsel appointed in adoption proceedings 

23 under chapter 3 of title 16, D.C. Official Code, and pay24 ments authorized under section 21–2060, D.C. Official 

25 Code (relating to services provided under the District of 


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1 Columbia Guardianship, Protective Proceedings, and Du2 rable Power of Attorney Act of 1986), $49,890,000, to 

3 remain available until expended: Provided, That funds 

4 provided under this heading shall be administered by the 

5 Joint Committee on Judicial Administration in the Dis6 trict of Columbia: Provided further, That, notwithstanding 

7 any other provision of law, this appropriation shall be ap8 portioned quarterly by the Office of Management and 

9 Budget and obligated and expended in the same manner 

10 as funds appropriated for expenses of other Federal agen11 cies. 

12 FEDERAL PAYMENT TO THE COURT SERVICES AND OF13 FENDER SUPERVISION AGENCY FOR THE DISTRICT

14 OF COLUMBIA

15 For salaries and expenses, including the transfer and 

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

17 Supervision Agency for the District of Columbia, as au18 thorized by the National Capital Revitalization and Self19 Government Improvement Act of 1997, $246,386,000, of 

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

21 representation expenses related to Community Supervision 

22 and Pretrial Services Agency programs, of which not to 

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

24 the implementation of the Court Services and Offender 

25 Supervision Agency Interstate Supervision Act of 2002; 


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1 of which $182,564,000 shall be for necessary expenses of 

2 Community Supervision and Sex Offender Registration, to 

3 include expenses relating to the supervision of adults sub4 ject to protection orders or the provision of services for 

5 or related to such persons; and of which $63,822,000 shall 

6 be available to the Pretrial Services Agency: Provided, 

7 That notwithstanding any other provision of law, all 

8 amounts under this heading shall be apportioned quarterly 

9 by the Office of Management and Budget and obligated 

10 and expended in the same manner as funds appropriated 

11 for salaries and expenses of other Federal agencies: Pro12 vided further, That amounts under this heading may be 

13 used for programmatic incentives for defendants to suc14 cessfully complete their terms of supervision. 

15 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

16 PUBLIC DEFENDER SERVICE

17 For salaries and expenses, including the transfer and 

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

19 Defender Service, as authorized by the National Capital 

20 Revitalization and Self-Government Improvement Act of 

21 1997, $41,359,000: Provided, That notwithstanding any 

22 other provision of law, all amounts under this heading 

23 shall be apportioned quarterly by the Office of Manage24 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 Federal agencies. 

3 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

4 COORDINATING COUNCIL

5 For a Federal payment to the Criminal Justice Co6 ordinating Council, $2,000,000, to remain available until 

7 expended, to support initiatives related to the coordination 

8 of Federal and local criminal justice resources in the Dis9 trict of Columbia. 

10 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

11 For a Federal payment, to remain available until 

12 September 30, 2018, to the Commission on Judicial Dis13 abilities and Tenure, $310,000, and for the Judicial Nomi14 nation Commission, $275,000. 

15 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

16 For a Federal payment for a school improvement pro17 gram in the District of Columbia, $45,000,000, to remain 

18 available until expended, for payments authorized under 

19 the Scholarship for Opportunity and Results Act (division 

20 C of Public Law 112–10): Provided, That, to the extent 

21 that funds are available for opportunity scholarships and 

22 following the priorities included in section 3006 of such 

23 Act, the Secretary of Education shall make scholarships 

24 available to students eligible under section 3013(3) of such 

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1 dents who were not offered a scholarship during any pre2 vious school year: Provided further, That within funds pro3 vided for opportunity scholarships $3,200,000 shall be for 

4 the activities specified in sections 3007(b) through 

5 3007(d) and 3009 of the Act. 

6 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA

7 NATIONAL GUARD

8 For a Federal payment to the District of Columbia 

9 National Guard, $450,000, to remain available until ex10 pended for the Major General David F. Wherley, Jr. Dis11 trict of Columbia National Guard Retention and College 

12 Access Program. 

13 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF

14 HIV/AIDS

15 For a Federal payment to the District of Columbia 

16 for the testing of individuals for, and the treatment of in17 dividuals with, human immunodeficiency virus and ac18 quired immunodeficiency syndrome in the District of Co19 lumbia, $5,000,000. 

20 DISTRICT OF COLUMBIA FUNDS

21 Local funds are appropriated for the District of Co22 lumbia for the current fiscal year out of the General Fund 

23 of the District of Columbia (‘‘General Fund’’) for pro24 grams and activities set forth under the heading ‘‘Part 

25 A--Summary of Expenses’’ and at the rate set forth under 


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1 such heading, as included in D.C. Bill 21-668, as amended 

2 as of the date of the enactment of this Act: Provided, That 

3 notwithstanding any other provision of law, except as pro4 vided in section 450A of the District of Columbia Home 

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

6 816 and 817 of the Financial Services and General Gov7 ernment Appropriations Act, 2009 (secs. 47–369.01 and 

8 47–369.02, D.C. Official Code), and provisions of this Act, 

9 the total amount appropriated in this Act for operating 

10 expenses for the District of Columbia for fiscal year 2017 

11 under this heading shall not exceed the estimates included 

12 in D.C. Bill 21-668, as amended as of the date of the 

13 enactment of this Act, or the sum of the total revenues 

14 of the District of Columbia for such fiscal year: Provided 

15 further, That the amount appropriated may be increased 

16 by proceeds of one-time transactions, which are expended 

17 for emergency or unanticipated operating or capital needs: 

18 Provided further, That such increases shall be approved 

19 by enactment of local District law and shall comply with 

20 all reserve requirements contained in the District of Co21 lumbia Home Rule Act: Provided further, That the Chief 

22 Financial Officer of the District of Columbia shall take 

23 such steps as are necessary to assure that the District of 

24 Columbia meets these requirements, including the appor25 tioning by the Chief Financial Officer of the appropriaVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 tions and funds made available to the District during fis2 cal year 2017, except that the Chief Financial Officer may 

3 not reprogram for operating expenses any funds derived 

4 from bonds, notes, or other obligations issued for capital 

5 projects: Provided further, That the Fiscal Year 2017 

6 Local Budget Act is repealed. 

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

8 Appropriations Act, 2017’’. 

9 TITLE V 

10 INDEPENDENT AGENCIES 

11 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

12 SALARIES AND EXPENSES

13 For necessary expenses of the Administrative Con14 ference of the United States, authorized by 5 U.S.C. 591 

15 et seq., $3,100,000, to remain available until September 

16 30, 2018, of which not to exceed $1,000 is for official re17 ception and representation expenses. 

18 BUREAU OF CONSUMER FINANCIAL PROTECTION

19 ADMINISTRATIVE PROVISIONS

20 SEC. 501. Section 1017(a)(2)(C) of Public Law 111– 

21 203 is repealed. 

22 SEC. 502. Effective October 1, 2017, notwithstanding 

23 section 1017 of Public Law 111–203— 

24 (1) the Board of Governors of the Federal Re25 serve System shall not transfer amounts specified 


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1 under such section to the Bureau of Consumer Fi2 nancial Protection; and 

3 (2) there are authorized to be appropriated to 

4 the Bureau of Consumer Financial Protection such 

5 sums as may be necessary to carry out the authori6 ties of the Bureau under Federal consumer financial 

7 law. 

8 SEC. 503. (a) During fiscal year 2017, on the date 

9 on which a request is made for a transfer of funds in ac10 cordance with section 1017 of Public Law 111–203, the 

11 Bureau of Consumer Financial Protection shall notify the 

12 Committees on Appropriations of the House of Represent13 atives and the Senate, the Committee on Financial Serv14 ices of the House of Representatives, and the Committee 

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

16 of such request. 

17 (b)(1) Any such notification shall include the amount 

18 of the funds requested, an explanation of how the funds 

19 will be obligated by object class and activity, and why the 

20 funds are necessary to protect consumers. 

21 (2) Any notification required by this section shall be 

22 made available on the Bureau’s public Web site. 

23 SEC. 504. (a) Not later than 2 weeks after the end 

24 of each quarter of each fiscal year, the Bureau of Con25 sumer Financial Protection shall submit a report on its 


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1 activities to the Committees on Appropriations of the 

2 House of Representatives and the Senate, the Committee 

3 on Financial Services of the House of Representatives, 

4 and the Committee on Banking, Housing, and Urban Af5 fairs of the Senate. 

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

7 include— 

8 (1) the obligations made during the previous 

9 quarter by object class, office, and activity; 

10 (2) the estimated obligations for the remainder 

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

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

13 each office during the previous quarter; 

14 (4) the estimated number of full-time equiva15 lents within each office for the remainder of the fis16 cal year; and 

17 (5) actions taken to achieve the goals, objec18 tives, and performance measures of each office. 

19 (c) At the request of any committee specified in sub20 section (a), the Bureau of Consumer Financial Protection 

21 shall make Bureau officials available to testify on the con22 tents of the reports required under subsection (a). 

23 SEC. 505. (a) IN GENERAL.—Section 1011 of the 

24 Consumer Financial Protection Act of 2010 (12 U.S.C. 

25 5491) is amended— 


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1 (1) by striking subsections (b), (c), and (d); 

2 (2) by redesignating subsection (e) as sub3 section (c); and 

4 (3) by inserting after subsection (a) the fol5 lowing: 

6 ‘‘(b) MANAGEMENT OF THE BUREAU.— 

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

8 Bureau shall be vested in a Board of Directors con9 sisting of 5 members, who shall be appointed by the 

10 President, by and with the advice and consent of the 

11 Senate, from among individuals who— 

12 ‘‘(A) are citizens of the United States; and 

13 ‘‘(B) have developed strong competency 

14 and understanding of, and have experience 

15 working with, financial products and services. 

16 ‘‘(2) TERMS.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), each member of the Board, 

19 including the Chairperson, shall serve for a 

20 term of 5 years. 

21 ‘‘(B) STAGGERED TERMS.—The members 

22 of the Board shall serve staggered terms, which 

23 shall initially be for terms of 1, 2, 3, 4, and 5 

24 years, respectively, and such members shall be 

25 appointed such that, after the appointments of 


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1 the initial 5 members of the Board, members of 

2 different political parties are appointed alter3 nately. 

4 ‘‘(C) REMOVAL.—The President may re5 move any member of the Board for inefficiency, 

6 neglect of duty, or malfeasance in office. 

7 ‘‘(D) VACANCIES.—Any member of the 

8 Board appointed to fill a vacancy occurring be9 fore the expiration of the term to which the 

10 predecessor of that member was appointed (in11 cluding the Chairperson) shall be appointed 

12 only for the remainder of the term. 

13 ‘‘(E) CONTINUATION OF SERVICE.—Each 

14 member of the Board may continue to serve 

15 after the expiration of the term of office to 

16 which that member was appointed until a suc17 cessor has been appointed by the President and 

18 confirmed by the Senate, except that a member 

19 may not continue to serve more than 1 year 

20 after the date on which the term of that mem21 ber would otherwise expire. 

22 ‘‘(F) SUCCESSIVE TERMS.—A member of 

23 the Board may not be reappointed to a second 

24 consecutive term, except that an initial member 

25 of the Board appointed for less than a 5-year 


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1 term may be reappointed to a full 5-year term 

2 and a future member appointed to fill an unex3 pired term may be reappointed for a full 5-year 

4 term. 

5 ‘‘(3) AFFILIATION.—Not more than 3 members 

6 of the Board shall be members of any 1 political 

7 party. 

8 ‘‘(4) CHAIRPERSON OF THE BOARD.— 

9 ‘‘(A) APPOINTMENT.—The President shall 

10 appoint 1 of the 5 members of the Board to 

11 serve as Chairperson of the Board. 

12 ‘‘(B) AUTHORITY.—The Chairperson shall 

13 be the principal executive officer of the Bureau, 

14 and shall exercise all of the executive and ad15 ministrative functions of the Bureau, including 

16 with respect to— 

17 ‘‘(i) the supervision of personnel em18 ployed by the Bureau (other than per19 sonnel employed regularly and full time in 

20 the immediate offices of members of the 

21 Board other than the Chairperson); 

22 ‘‘(ii) the distribution of business 

23 among personnel appointed and supervised 

24 by the Chairperson and among administra25 tive units of the Bureau; and 


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1 ‘‘(iii) the use and expenditure of 

2 funds. 

3 ‘‘(C) LIMITATION.—In carrying out any of 

4 the functions of the Chairperson under this 

5 paragraph, the Chairperson shall be governed 

6 by general policies of the Bureau and by such 

7 regulatory decisions, findings, and determina8 tions as the Bureau may by law be authorized 

9 to make. 

10 ‘‘(D) REQUESTS OR ESTIMATES RELATED

11 TO APPROPRIATIONS.—Any request or estimate 

12 for regular, supplemental, or deficiency appro13 priations on behalf of the Bureau, including any 

14 request for a transfer of funds under section 

15 1017(a), may not be submitted by the Chair16 person without the prior approval of the Board. 

17 ‘‘(E) VACANCY.—The President may des18 ignate a member of the Board to serve as Act19 ing Chairperson in the event of a vacancy in the 

20 office of the Chairperson. 

21 ‘‘(5) COMPENSATION.— 

22 ‘‘(A) CHAIRPERSON.—The Chairperson 

23 shall receive compensation at the rate pre24 scribed for level I of the Executive Schedule 


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1 under section 5312 of title 5, United States 

2 Code. 

3 ‘‘(B) OTHER MEMBERS OF THE BOARD.— 

4 The 4 members of the Board other than the 

5 Chairperson shall each receive compensation at 

6 the rate prescribed for level II of the Executive 

7 Schedule under section 5313 of title 5, United 

8 States Code. 

9 ‘‘(6) OTHER EMPLOYMENT PROHIBITED.—A 

10 member of the Board may not engage in any other 

11 business, vocation, or employment.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) CONSUMER FINANCIAL PROTECTION ACT OF

14 2010.—The Consumer Financial Protection Act of 

15 2010 (12 U.S.C. 5481 et seq.) is amended— 

16 (A) in section 1002 (12 U.S.C. 5481)— 

17 (i) by striking paragraph (10) and in18 serting: 

19 ‘‘(10) BOARD.—The term ‘Board’ means the 

20 Board of Directors of the Bureau of Consumer Fi21 nancial Protection.’’; and 

22 (ii) by inserting after paragraph (29) 

23 the following: 


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1 ‘‘(30) CHAIRPERSON.—The term ‘Chairperson’ 

2 means the Chairperson of the Board of Directors of 

3 the Bureau of Consumer Financial Protection.’’; 

4 (B) in section 1012 (12 U.S.C. 5492)— 

5 (i) in subsection (a)(8), by striking 

6 ‘‘appointed and supervised by the Direc7 tor’’ and inserting ‘‘appointed by the 

8 Board and supervised by the Chairperson’’; 

9 (ii) in subsection (b), by striking ‘‘Di10 rector’’ and inserting ‘‘Board’’; and 

11 (iii) in subsection (c)— 

12 (I) in paragraph (2)(A), by strik13 ing ‘‘Director’’ and inserting 

14 ‘‘Board’’; and 

15 (II) in paragraph (4), by striking 

16 ‘‘the Director’’ each place that term 

17 appears and inserting ‘‘any member of 

18 the Board’’; 

19 (C) in section 1013 (12 U.S.C. 5493)— 

20 (i) in subsections (a), (b), (d), and 

21 (e), by striking ‘‘Director’’ each place that 

22 term appears and inserting ‘‘Board’’; 

23 (ii) in subsection (c)— 

24 (I) in paragraphs (1) and (2), by 

25 striking ‘‘Director’’ each place that 


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1 term appears and inserting ‘‘Board’’; 

2 and 

3 (II) in paragraph (3)— 

4 (aa) by striking ‘‘Assistant 

5 Director’’ each place that term 

6 appears and inserting ‘‘Head of 

7 Office’’; and 

8 (bb) by striking ‘‘the Direc9 tor’’ each place that term ap10 pears and inserting ‘‘the Board’’; 

11 (iii) in subsection (g)— 

12 (I) in paragraph (1), by striking 

13 ‘‘Director’’ and inserting ‘‘Board’’; 

14 and 

15 (II) in paragraph (2)— 

16 (aa) in the paragraph head17 ing, by striking ‘‘ASSISTANT DI18 RECTOR’’ and inserting ‘‘HEAD

19 OF THE OFFICE’’; and 

20 (bb) by striking ‘‘an assist21 ant director’’ and inserting ‘‘the 

22 Head of the Office of Financial 

23 Protection for Older Americans’’; 


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1 (D) in section 1014 (12 U.S.C. 5494), by 

2 striking ‘‘Director’’ each place that term ap3 pears and inserting ‘‘Board’’; 

4 (E) in section 1016(a) (12 U.S.C. 

5 5496(a)), by striking ‘‘Director of the Bureau’’ 

6 and inserting ‘‘Chairperson’’; 

7 (F) in section 1017— 

8 (i) in subsection (a)— 

9 (I) in paragraph (1), by striking 

10 ‘‘Director’’ and inserting ‘‘Board’’; 

11 (II) in paragraph (4)— 

12 (aa) in subparagraph (A)— 

13 (AA) by striking ‘‘Di14 rector shall’’ and inserting 

15 ‘‘Board shall’’; 

16 (BB) by striking ‘‘Di17 rector,’’ and inserting 

18 ‘‘Board,’’; and 

19 (CC) by striking ‘‘Di20 rector in’’ each place that 

21 term appears and inserting 

22 ‘‘Board in’’; 

23 (bb) in subparagraph (D), 

24 by striking ‘‘Director’’ and in25 serting ‘‘Board’’; and 


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1 (cc) in subparagraph (E), by 

2 striking ‘‘Director to’’ and insert3 ing ‘‘Board to’’; and 

4 (III) in paragraph (5)(C), by 

5 striking ‘‘Director of the Bureau’’ and 

6 inserting ‘‘Chairperson’’; 

7 (ii) in subsection (c)(1)— 

8 (I) by striking ‘‘Director,’’ and 

9 inserting ‘‘Board,’’; and 

10 (II) by striking ‘‘Director and’’ 

11 and inserting ‘‘the members of the 

12 Board and’’; and 

13 (iii) in subsection (e), by striking ‘‘Di14 rector’’ each place that term appears and 

15 inserting ‘‘Board’’; 

16 (G) in subtitles B (12 U.S.C. 5511 et 

17 seq.), C (12 U.S.C. 5531 et seq.), and G (12 

18 U.S.C. 5601 et seq.), by striking ‘‘Director’’ 

19 each place that term appears and inserting 

20 ‘‘Board’’; 

21 (H) in section 1061(c)(2)(C)(i) (12 U.S.C. 

22 5581(c)(2)(C)(i)), by striking ‘‘the Board’’ and 

23 inserting ‘‘the National Credit Union Adminis24 tration Board’’; and 


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1 (I) in section 1066(a) (12 U.S.C. 5586(a)), 

2 by inserting ‘‘first’’ before ‘‘Director’’. 

3 (2) FINANCIAL STABILITY ACT OF 2010.—Sec4 tion 111(b)(1)(D) of the Financial Stability Act of 

5 2010 (12 U.S.C. 5321(b)(1)(D)) is amended by 

6 striking ‘‘Director of the Bureau’’ and inserting 

7 ‘‘Chairperson of the Board of Directors of the Bu8 reau’’. 

9 (3) MORTGAGE REFORM AND ANTI-PREDATORY

10 LENDING ACT.—Section 1447 of the Mortgage Re11 form and Anti-Predatory Lending Act (12 U.S.C. 

12 1701p–2) is amended by striking ‘‘Director’’ each 

13 place the term appears and inserting ‘‘Board of Di14 rectors’’. 

15 (4) ELECTRONIC FUND TRANSFER ACT.—Sec16 tion 920(a)(4)(C) of the Electronic Fund Transfer 

17 Act (15 U.S.C. 1693o–2(a)(4)(C)) is amended by 

18 striking ‘‘Director of the Bureau’’ and inserting 

19 ‘‘Board of Directors of the Bureau’’. 

20 (5) EXPEDITED FUNDS AVAILABILITY ACT.— 

21 The Expedited Funds Availability Act (12 U.S.C. 

22 4001 et seq.) is amended by striking ‘‘Director of 

23 the Bureau’’ each place that term appears and in24 serting ‘‘Board of Directors of the Bureau’’. 


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1 (6) FEDERAL DEPOSIT INSURANCE ACT.—Sec2 tion 2 of the Federal Deposit Insurance Act (12 

3 U.S.C. 1812) is amended— 

4 (A) by striking ‘‘Director of the Consumer 

5 Financial Protection Bureau’’ each place that 

6 term appears and inserting ‘‘Chairperson of the 

7 Board of Directors of the Bureau of Consumer 

8 Financial Protection’’; and 

9 (B) in subsection (d)(2), by striking 

10 ‘‘Comptroller or Director’’ and inserting 

11 ‘‘Comptroller or Chairperson’’. 

12 (7) FEDERAL FINANCIAL INSTITUTIONS EXAM13 INATION COUNCIL ACT OF 1978.—Section 1004(a)(4) 

14 of the Federal Financial Institutions Examination 

15 Council Act of 1978 (12 U.S.C. 3303(a)(4)) is 

16 amended by striking ‘‘Director of the Consumer Fi17 nancial Protection Bureau’’ and inserting ‘‘Chair18 person of the Board of Directors of the Bureau of 

19 Consumer Financial Protection’’. 

20 (8) FINANCIAL LITERACY AND EDUCATION IM21 PROVEMENT ACT.—Section 513 of the Financial Lit22 eracy and Education Improvement Act (20 U.S.C. 

23 9702) is amended by striking ‘‘Director’’ each place 

24 that term appears and inserting ‘‘Chairperson of the 

25 Board of Directors’’. 


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1 (9) HOME MORTGAGE DISCLOSURE ACT OF

2 1975.—Section 307 of the Home Mortgage Disclo3 sure Act of 1975 (12 U.S.C. 2806) is amended by 

4 striking ‘‘Director of the Bureau of Consumer’’ each 

5 place that term appears and inserting ‘‘Board of Di6 rectors of the Bureau of Consumer’’. 

7 (10) INTERSTATE LAND SALES FULL DISCLO8 SURE ACT.—The Interstate Land Sales Full Disclo9 sure Act (15 U.S.C. 1701 et seq.) is amended— 

10 (A) in section 1402(1) (15 U.S.C. 

11 1701(1)), by striking ‘‘ ‘Director’ means the Di12 rector’’ and inserting ‘‘ ‘Board’ means the 

13 Board of Directors’’; 

14 (B) by striking ‘‘Director’’ each place that 

15 term appears and inserting ‘‘Board’’; 

16 (C) in section 1403(c) (15 U.S.C. 

17 1702(c))— 

18 (i) by striking ‘‘by him’’ and inserting 

19 ‘‘by the Board’’; and 

20 (ii) by striking ‘‘he’’ and inserting 

21 ‘‘the Board’’; 

22 (D) in section 1407 (15 U.S.C. 1706)— 

23 (i) in subsection (c), by striking ‘‘he’’ 

24 and inserting ‘‘the Board’’; and 


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1 (ii) in subsection (e), by striking 

2 ‘‘him’’ and inserting ‘‘the Board’’; 

3 (E) in section 1411 (15 U.S.C. 1710)— 

4 (i) in subsection (a)— 

5 (I) by striking ‘‘his findings’’ and 

6 inserting ‘‘its finding’’; and 

7 (II) by striking ‘‘his rec8 ommendation’’ and inserting ‘‘a rec9 ommendation’’; and 

10 (ii) in subsection (b), by striking 

11 ‘‘Secretary’s order’’ and inserting ‘‘order of 

12 the Board’’; 

13 (F) in section 1415 (15 U.S.C. 1714)— 

14 (i) by striking ‘‘him’’ each place that 

15 term appears and inserting ‘‘the Board’’; 

16 (ii) in subsection (a), by striking ‘‘he 

17 may, in his discretion’’ and inserting ‘‘the 

18 Board may, at the discretion of the 

19 Board’’; 

20 (iii) in subsection (b), by striking 

21 ‘‘he’’ each time that term appears and in22 serting ‘‘the Board’’; and 

23 (iv) by striking ‘‘in his discretion’’ 

24 each time that term appears and inserting 

25 ‘‘at the discretion of the Board’’; 


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1 (G) in section 1416(a) (15 U.S.C. 

2 1715(a))— 

3 (i) by striking ‘‘of the Bureau of Con4 sumer Financial Protection’’ the first time 

5 that term appears; 

6 (ii) by striking ‘‘his functions, duties, 

7 and powers’’ and inserting ‘‘the functions, 

8 duties, and powers of the Board’’; 

9 (iii) by striking ‘‘his administrative 

10 law judges’’ and inserting ‘‘the administra11 tive law judges of the Bureau of Consumer 

12 Financial Protection’’; and 

13 (iv) by striking ‘‘himself’’ and insert14 ing ‘‘the Board’’; 

15 (H)(i) in section 1418a(b)(4) (15 U.S.C. 

16 1717a(b)(4)), by striking ‘‘The Secretary’s de17 termination or order’’ and inserting ‘‘A deter18 mination or order of the Board’’; and 

19 (ii) in section 1418a(d) (15 U.S.C. 

20 1717a(d)), by striking ‘‘the Secretary’s deter21 mination or order’’ and inserting ‘‘a determina22 tion or order of the Board’’; 

23 (I) in section 1419 (15 U.S.C. 1718)— 

24 (i) by striking ‘‘him’’ and inserting 

25 ‘‘the Board’’; 


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1 (ii) by striking ‘‘his rules and regula2 tions’’ and inserting ‘‘the rules and regula3 tions of the Board’’; and 

4 (iii) by striking ‘‘his jurisdiction’’ and 

5 inserting ‘‘the jurisdiction of the Bureau of 

6 Consumer Financial Protection’’; and 

7 (J) in section 1420 (15 U.S.C. 1719)— 

8 (i) by inserting ‘‘or any member of 

9 the Board’’ before ‘‘in any proceeding’’; 

10 and 

11 (ii) by striking ‘‘him’’ and inserting 

12 ‘‘the Board or any member of the Board’’. 

13 (11) REAL ESTATE SETTLEMENT PROCEDURES

14 ACT OF 1974.—Section 5 of the Real Estate Settle15 ment Procedures Act of 1974 (12 U.S.C. 2604) is 

16 amended— 

17 (A) by striking ‘‘Director of’’ and inserting 

18 ‘‘Board of Directors of’’; and 

19 (B) by striking ‘‘Director’’ each place that 

20 term appears and inserting ‘‘Board’’. 

21 (12) S.A.F.E. MORTGAGE LICENSING ACT OF

22 2008.—The S.A.F.E. Mortgage Licensing Act of 

23 2008 (12 U.S.C. 5101 et seq.) is amended— 

24 (A) in section 1503(10) (12 U.S.C. 

25 5102(10))— 


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1 (i) in the paragraph heading, by strik2 ing ‘‘DIRECTOR’’ and inserting ‘‘BOARD’’; 

3 and 

4 (ii) by striking ‘‘ ‘Director’ means the 

5 Director’’ and inserting ‘‘ ‘Board’ means 

6 the Board of Directors’’; 

7 (B) by striking ‘‘Director’’ each place that 

8 term appears and inserting ‘‘Board’’; 

9 (C) in section 1514(b)(5) (12 U.S.C. 

10 5113(b)(5)), by striking ‘‘Secretary’s expenses’’ 

11 and inserting ‘‘expenses of the Board’’; 

12 (D) in section 1514(c)(4)(C) (12 U.S.C. 

13 5113(c)(4)(C)), by striking ‘‘Secretary’s’’ and 

14 inserting ‘‘Board’s’’; 

15 (E) in the headings of section 1514(c)(1), 

16 (c)(4)(A), and (c)(5), by striking ‘‘DIRECTOR’’ 

17 and inserting ‘‘BOARD’’; and 

18 (F) in the heading of section 1514(d), by 

19 striking ‘‘DIRECTOR’’ and inserting ‘‘BOARD’’. 

20 (13) TITLE 44.—Section 3513(c) of title 44, 

21 United States Code, is amended by striking ‘‘Direc22 tor of the Bureau’’ and inserting ‘‘Board of Direc23 tors of the Bureau’’. 

24 (c) REFERENCES.—Any reference in a law, regula25 tion, document, paper, or other record of the United 


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1 States to the Director of the Bureau of Consumer Finan2 cial Protection shall be deemed a reference to the Board 

3 of Directors of the Bureau of Consumer Financial Protec4 tion, unless otherwise specified in this Act. 

5 (d) EFFECTIVE DATE.—This section and the amend6 ments made by this section shall take effect on the later 

7 of— 

8 (1) October 1, 2017; or 

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

10 have been confirmed by the Senate to serve as mem11 bers of the Board of Directors of the Bureau of 

12 Consumer Financial Protection. 

13 SEC. 506. None of the funds made available in this 

14 Act or transferred to the Bureau of Consumer Financial 

15 Protection pursuant to section 1017 of Public law 111- 

16 203 may be used to regulate pre-dispute arbitration agree17 ments (as described in section 1028 of Public Law 111– 

18 203) and any regulation finalized by the Bureau to regu19 late pre-dispute arbitration agreements shall have no legal 

20 force or effect until the requirements regarding pre-dis21 pute arbitration specified in the report accompanying this 

22 Act under the heading ‘‘Bureau of Consumer Financial 

23 Protection,’’ are fulfilled. 


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1 CONSUMER PRODUCT SAFETY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Consumer Product 

4 Safety Commission, including hire of passenger motor ve5 hicles, services as authorized by 5 U.S.C. 3109, but at 

6 rates for individuals not to exceed the per diem rate equiv7 alent to the maximum rate payable under 5 U.S.C. 5376, 

8 purchase of nominal awards to recognize non-Federal offi9 cials’ contributions to Commission activities, and not to 

10 exceed $4,000 for official reception and representation ex11 penses, $121,300,000, of which $1,000,000 shall be avail12 able for the advisory committees in the report accom13 panying this Act under the heading ‘‘Consumer Product 

14 Safety Commission’’, and of which $1,300,000 shall re15 main available until expended to carry out the program, 

16 including administrative costs, required by section 1405 

17 of the Virginia Graeme Baker Pool and Spa Safety Act 

18 (Public Law 110–140; 15 U.S.C. 8004). 

19 ADMINISTRATIVE PROVISION—CONSUMER PRODUCT

20 SAFETY COMMISSION

21 SEC. 510. During fiscal year 2017, none of the 

22 amounts made available by this Act may be used to final23 ize or implement the Safety Standard for Recreational 

24 Off-Highway Vehicles published by the Consumer Product 


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1 Safety Commission in the Federal Register on November 

2 19, 2014 (79 Fed. Reg. 68964) until after— 

3 (1) the National Academy of Sciences, in con4 sultation with the National Highway Traffic Safety 

5 Administration and the Department of Defense, 

6 completes a study to determine— 

7 (A) the technical validity of the lateral sta8 bility and vehicle handling requirements pro9 posed by such standard for purposes of reduc10 ing the risk of Recreational Off-Highway Vehi11 cle (referred to in this section as ‘‘ROV’’) roll12 overs in the off-road environment, including the 

13 repeatability and reproducibility of testing for 

14 compliance with such requirements; 

15 (B) the number of ROV rollovers that 

16 would be prevented if the proposed require17 ments were adopted; 

18 (C) whether there is a technical basis for 

19 the proposal to provide information on a point20 of-sale hangtag about a ROV’s rollover resist21 ance on a progressive scale; and 

22 (D) the effect on the utility of ROVs used 

23 by the United States military if the proposed 

24 requirements were adopted; and 


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1 (2) a report containing the results of the study 

2 completed under paragraph (1) is delivered to— 

3 (A) the Committee on Commerce, Science, 

4 and Transportation of the Senate; 

5 (B) the Committee on Energy and Com6 merce of the House of Representatives; 

7 (C) the Committee on Appropriations of 

8 the Senate; and 

9 (D) the Committee on Appropriations of 

10 the House of Representatives. 

11 ELECTION ASSISTANCE COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses to carry out the Help Amer14 ica Vote Act of 2002 (Public Law 107–252), $4,900,000. 

15 FEDERAL COMMUNICATIONS COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Communica18 tions Commission, as authorized by law, including uni19 forms and allowances therefor, as authorized by 5 U.S.C. 

20 5901–5902; not to exceed $4,000 for official reception and 

21 representation expenses; purchase and hire of motor vehi22 cles; special counsel fees; and services as authorized by 

23 5 U.S.C. 3109, $314,844,000, to remain available until 

24 expended: Provided, That $314,844,000 of offsetting col25 lections shall be assessed and collected pursuant to section 


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1 9 of title I of the Communications Act of 1934, shall be 

2 retained and used for necessary expenses and shall remain 

3 available until expended: Provided further, That the sum 

4 herein appropriated shall be reduced as such offsetting 

5 collections are received during fiscal year 2017 so as to 

6 result in a final fiscal year 2017 appropriation estimated 

7 at $0: Provided further, That any offsetting collections re8 ceived in excess of $314,844,000 in fiscal year 2017 shall 

9 not be available for obligation: Provided further, That re10 maining offsetting collections from prior years collected in 

11 excess of the amount specified for collection in each such 

12 year and otherwise becoming available on October 1, 2016, 

13 shall not be available for obligation: Provided further, 

14 That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds 

15 from the use of a competitive bidding system that may 

16 be retained and made available for obligation shall not ex17 ceed $106,000,000 for fiscal year 2017: Provided further, 

18 That, of the amount appropriated under this heading, not 

19 less than $11,751,000 shall be for the salaries and ex20 penses of the Office of Inspector General. 

21 FEDERAL DEPOSIT INSURANCE CORPORATION

22 OFFICE OF THE INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector 

24 General in carrying out the provisions of the Inspector 

25 General Act of 1978, $35,958,000, to be derived from the 


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1 Deposit Insurance Fund or, only when appropriate, the 

2 FSLIC Resolution Fund. 

3 FEDERAL ELECTION COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses to carry out the provisions 

6 of the Federal Election Campaign Act of 1971, 

7 $80,540,000, of which $8,000,000 shall remain available 

8 until September 30, 2018, for lease expiration and re9 placement lease expenses; and of which not to exceed 

10 $5,000 shall be available for reception and representation 

11 expenses. 

12 FEDERAL LABOR RELATIONS AUTHORITY

13 SALARIES AND EXPENSES

14 For necessary expenses to carry out functions of the 

15 Federal Labor Relations Authority, pursuant to Reorga16 nization Plan Numbered 2 of 1978, and the Civil Service 

17 Reform Act of 1978, $26,631,000, including services au18 thorized by 5 U.S.C. 3109, and including hire of experts 

19 and consultants, hire of passenger motor vehicles and 

20 rental of conference rooms in the District of Columbia and 

21 elsewhere; and of which not to exceed $1,500 shall be 

22 available for official reception and representation ex23 penses: Provided, That public members of the Federal 

24 Service Impasses Panel may be paid travel expenses and 

25 per diem in lieu of subsistence as authorized by law (5 


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1 U.S.C. 5703) for persons employed intermittently in the 

2 Government service, and compensation as authorized by 

3 5 U.S.C. 3109: Provided further, That, notwithstanding 

4 31 U.S.C. 3302, funds received from fees charged to non5 Federal participants at labor-management relations con6 ferences shall be credited to and merged with this account, 

7 to be available without further appropriation for the costs 

8 of carrying out these conferences. 

9 FEDERAL TRADE COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Federal Trade Com12 mission, including uniforms or allowances therefor, as au13 thorized by 5 U.S.C. 5901–5902; services as authorized 

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

15 not to exceed $2,000 for official reception and representa16 tion expenses, $317,000,000, to remain available until ex17 pended: Provided, That not to exceed $300,000 shall be 

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

19 collection services in accordance with the terms of 31 

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

21 other provision of law, not to exceed $125,000,000 of off22 setting collections derived from fees collected for 

23 premerger notification filings under the Hart-Scott-Ro24 dino Antitrust Improvements Act of 1976 (15 U.S.C. 

25 18a), regardless of the year of collection, shall be retained 


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1 and used for necessary expenses in this appropriation: 

2 Provided further, That, notwithstanding any other provi3 sion of law, not to exceed $15,000,000 in offsetting collec4 tions derived from fees sufficient to implement and enforce 

5 the Telemarketing Sales Rule, promulgated under the 

6 Telemarketing and Consumer Fraud and Abuse Preven7 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 

8 account, and be retained and used for necessary expenses 

9 in this appropriation: Provided further, That the sum here10 in appropriated from the general fund shall be reduced 

11 as such offsetting collections are received during fiscal 

12 year 2017, so as to result in a final fiscal year 2017 appro13 priation from the general fund estimated at not more than 

14 $177,000,000: Provided further, That none of the funds 

15 made available to the Federal Trade Commission may be 

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

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

18 GENERAL SERVICES ADMINISTRATION

19 REAL PROPERTY ACTIVITIES

20 FEDERAL BUILDINGS FUND

21 LIMITATIONS ON AVAILABILITY OF REVENUE

22 (INCLUDING TRANSFERS OF FUNDS)

23 Amounts in the Fund, including revenues and collec24 tions deposited into the Fund, shall be available for nec25 essary expenses of real property management and related 


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1 activities not otherwise provided for, including operation, 

2 maintenance, and protection of federally owned and leased 

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

4 restoration of leased premises; moving governmental agen5 cies (including space adjustments and telecommunications 

6 relocation expenses) in connection with the assignment, al7 location, and transfer of space; contractual services inci8 dent to cleaning or servicing buildings, and moving; repair 

9 and alteration of federally owned buildings, including 

10 grounds, approaches, and appurtenances; care and safe11 guarding of sites; maintenance, preservation, demolition, 

12 and equipment; acquisition of buildings and sites by pur13 chase, condemnation, or as otherwise authorized by law; 

14 acquisition of options to purchase buildings and sites; con15 version and extension of federally owned buildings; pre16 liminary planning and design of projects by contract or 

17 otherwise; construction of new buildings (including equip18 ment for such buildings); and payment of principal, inter19 est, and any other obligations for public buildings acquired 

20 by installment purchase and purchase contract; in the ag21 gregate amount of $9,244,808,000, of which— 

22 (1) $504,918,000 shall remain available until 

23 expended for construction and acquisition (including 

24 funds for sites and expenses, and associated design 

25 and construction services) as follows: 


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1 (A) National Capital Region, FBI Head2 quarters Consolidation, $200,000,000; 

3 (B) California, Calexico, Calexico West 

4 Land Port of Entry, $248,213,000; 

5 (C) District of Columbia, Washington, 

6 Southeast Federal Center Remediation, 

7 $7,000,000; 

8 (D) Pembina, North Dakota, United 

9 States Department of Agriculture (USDA) Ani10 mal and Plant Health Inspection Service 

11 (APHIS), $5,749,000; 

12 (E) Boyers, Pennsylvania, Federal Office 

13 Building, $31,200,000; and 

14 (F) Austin, Texas, Internal Revenue Serv15 ice (IRS) Annex Building, $12,756,000: 

16 Provided, That each of the foregoing limits of costs 

17 on new construction and acquisition projects may be 

18 exceeded to the extent that savings are effected in 

19 other such projects, but not to exceed 10 percent of 

20 the amounts included in a transmitted prospectus, if 

21 required, unless advance approval is obtained from 

22 the Committees on Appropriations of a greater 

23 amount; 


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1 (2) $758,790,000 shall remain available until 

2 expended for repairs and alterations, including asso3 ciated design and construction services, of which— 

4 (A) $300,000,000 is for Major Repairs and 

5 Alterations; 

6 (B) $312,090,000 is for Basic Repairs and 

7 Alterations; and 

8 (C) $146,700,000 is for Special Emphasis 

9 Programs, of which— 

10 (i) $20,000,000 is for Fire and Life 

11 Safety; 

12 (ii) $26,700,000 is for Judiciary Cap13 ital Security; 

14 (iii) $100,000,000 is for Consolidation 

15 Activities: Provided, That consolidation 

16 projects result in reduced annual rent paid 

17 by the tenant agency: Provided further, 

18 That no consolidation project exceed 

19 $10,000,000 in costs: Provided further, 

20 That consolidation projects are approved 

21 by each of the committees specified in sec22 tion 3307(a) of title 40, United States 

23 Code: Provided further, That preference is 

24 given to consolidation projects that achieve 

25 a utilization rate of 130 usable square feet 


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1 or less per person for office space: Pro2 vided further, That the obligation of funds 

3 under this paragraph for consolidation ac4 tivities may not be made until 10 days 

5 after a proposed spending plan and expla6 nation for each project to be undertaken, 

7 including estimated savings, has been sub8 mitted to the Committees on Appropria9 tions of the House of Representatives and 

10 the Senate: 

11 Provided, That funds made available in this or any 

12 previous Act in the Federal Buildings Fund for Re13 pairs and Alterations shall, for prospectus projects, 

14 be limited to the amount identified for each project, 

15 except each project in this or any previous Act may 

16 be increased by an amount not to exceed 10 percent 

17 unless advance approval is obtained from the Com18 mittees on Appropriations of a greater amount: Pro19 vided further, That additional projects for which 

20 prospectuses have been fully approved may be fund21 ed under this category only if advance approval is 

22 obtained from the Committees on Appropriations: 

23 Provided further, That the amounts provided in this 

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

25 be used to fund costs associated with implementing 


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1 security improvements to buildings necessary to 

2 meet the minimum standards for security in accord3 ance with current law and in compliance with the re4 programming guidelines of the appropriate Commit5 tees of the House and Senate: Provided further, 

6 That the difference between the funds appropriated 

7 and expended on any projects in this or any prior 

8 Act, under the heading ‘‘Repairs and Alterations’’, 

9 may be transferred to Basic Repairs and Alterations 

10 or used to fund authorized increases in prospectus 

11 projects: Provided further, That the amount provided 

12 in this or any prior Act for Basic Repairs and Alter13 ations may be used to pay claims against the Gov14 ernment arising from any projects under the heading 

15 ‘‘Repairs and Alterations’’ or used to fund author16 ized increases in prospectus projects; 

17 (3) $5,645,000,000 for rental of space to re18 main available until expended; and 

19 (4) $2,336,100,000 for building operations to 

20 remain available until expended, of which 

21 $1,184,790,000 is for building services, and 

22 $1,151,310,000 is for salaries and expenses: Pro23 vided, That not to exceed 5 percent of any appro24 priation made available under this paragraph for 

25 building operations may be transferred between and 


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1 merged with such appropriations upon notification 

2 to the Committees on Appropriations of the House 

3 of Representatives and the Senate, but no such ap4 propriation shall be increased by more than 5 per5 cent by any such transfers: Provided further, That 

6 section 521 of this title shall not apply with respect 

7 to funds made available under this heading for 

8 building operations: Provided further, That the total 

9 amount of funds made available from this Fund to 

10 the General Services Administration shall not be 

11 available for expenses of any construction, repair, al12 teration and acquisition project for which a pro13 spectus, if required by 40 U.S.C. 3307(a), has not 

14 been approved, except that necessary funds may be 

15 expended for each project for required expenses for 

16 the development of a proposed prospectus: Provided 

17 further, That funds available in the Federal Build18 ings Fund may be expended for emergency repairs 

19 when advance approval is obtained from the Com20 mittees on Appropriations: Provided further, That 

21 amounts necessary to provide reimbursable special 

22 services to other agencies under 40 U.S.C. 592(b)(2) 

23 and amounts to provide such reimbursable fencing, 

24 lighting, guard booths, and other facilities on private 

25 or other property not in Government ownership or 


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1 control as may be appropriate to enable the United 

2 States Secret Service to perform its protective func3 tions pursuant to 18 U.S.C. 3056, shall be available 

4 from such revenues and collections: Provided further, 

5 That revenues and collections and any other sums 

6 accruing to this Fund during fiscal year 2017, ex7 cluding reimbursements under 40 U.S.C. 592(b)(2), 

8 in excess of the aggregate new obligational authority 

9 authorized for Real Property Activities of the Fed10 eral Buildings Fund in this Act shall remain in the 

11 Fund and shall not be available for expenditure ex12 cept as authorized in appropriations Acts. 

13 GENERAL ACTIVITIES

14 GOVERNMENT-WIDE POLICY

15 For expenses authorized by law, not otherwise pro16 vided for, for Government-wide policy and evaluation ac17 tivities associated with the management of real and per18 sonal property assets and certain administrative services; 

19 Government-wide policy support responsibilities relating to 

20 acquisition, travel, motor vehicles, information technology 

21 management, and related technology activities; and serv22 ices as authorized by 5 U.S.C. 3109; $58,000,000, of 

23 which $1,000,000 shall remain available until September 

24 30, 2018. 


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1 OPERATING EXPENSES

2 For expenses authorized by law, not otherwise pro3 vided for, for Government-wide activities associated with 

4 utilization and donation of surplus personal property; dis5 posal of real property; agency-wide policy direction, man6 agement, and communications; and services as authorized 

7 by 5 U.S.C. 3109; $47,966,000, of which $24,569,000 is 

8 for Real and Personal Property Management and Disposal 

9 and $23,397,000 is for the Office of the Administrator, 

10 of which not to exceed $7,500 is for official reception and 

11 representation expenses. 

12 CIVILIAN BOARD OF CONTRACT APPEALS

13 For expenses authorized by law, not otherwise pro14 vided for, for activities associated with the Civilian Board 

15 of Contract Appeals and services as authorized by 5 

16 U.S.C. 3109, $9,275,000. 

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector 

19 General and services authorized by 5 U.S.C. 3109, 

20 $65,000,000, of which $2,000,000 is available until Sep21 tember 30, 2018: Provided, That not to exceed $50,000 

22 shall be available for payment for information and detec23 tion of fraud against the Government, including payment 

24 for recovery of stolen Government property: Provided fur25 ther, That not to exceed $2,500 shall be available for 


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1 awards to employees of other Federal agencies and private 

2 citizens in recognition of efforts and initiatives resulting 

3 in enhanced Office of Inspector General effectiveness. 

4 ALLOWANCES AND OFFICE STAFF FOR FORMER

5 PRESIDENTS

6 For carrying out the provisions of the Act of August 

7 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 

8 $1,932,000. 

9 EXPENSES, PRESIDENTIAL TRANSITION

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses to carry out the Presidential 

12 Transition Act of 1963 (3 U.S.C. 102 note), $9,500,000, 

13 of which not to exceed $1,000,000 is for activities author14 ized by paragraphs (8) and (9) of section 3(a) of the Act: 

15 Provided, That such amounts may be transferred to the 

16 ‘‘Acquisition Services Fund’’ or ‘‘Federal Buildings Fund’’ 

17 to reimburse obligations incurred prior to the date of en18 actment of this Act for the purposes provided herein re19 lated to the Presidential election in 2016: Provided further, 

20 That amounts available under this heading shall be in ad21 dition to any other amounts available for such purposes. 

22 FEDERAL CITIZEN SERVICES FUND

23 (INCLUDING TRANSFERS OF FUNDS)

24 For necessary expenses of the Office of Citizen Serv25 ices and Innovative Technologies, including services auVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 thorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and for 

2 necessary expenses in support of interagency projects that 

3 enable the Federal Government to enhance its ability to 

4 conduct activities electronically, through the development 

5 and implementation of innovative uses of information 

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

7 Citizen Services Fund: Provided, That the previous 

8 amount may be transferred to Federal agencies to carry 

9 out the purpose of the Federal Citizen Services Fund: Pro10 vided further, That the appropriations, revenues, reim11 bursements, and collections deposited into the Fund shall 

12 be available until expended for necessary expenses of Fed13 eral Citizen Services and other activities that enable the 

14 Federal Government to enhance its ability to conduct ac15 tivities electronically in the aggregate amount not to ex16 ceed $150,000,000: Provided further, That appropriations, 

17 revenues, reimbursements, and collections accruing to this 

18 Fund during fiscal year 2017 in excess of such amount 

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

20 expenditure except as authorized in appropriations Acts: 

21 Provided further, That any appropriations provided to the 

22 Electronic Government Fund that remain unobligated 

23 may be transferred to the Federal Citizen Services Fund: 

24 Provided further, That the transfer authorities provided 


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1 herein shall be in addition to any other transfer authority 

2 provided in this Act. 

3 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES

4 ADMINISTRATION

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 520. Funds available to the General Services 

7 Administration shall be available for the hire of passenger 

8 motor vehicles. 

9 SEC. 521. Funds in the Federal Buildings Fund 

10 made available for fiscal year 2017 for Federal Buildings 

11 Fund activities may be transferred between such activities 

12 only to the extent necessary to meet program require13 ments: Provided, That any proposed transfers shall be ap14 proved in advance by the Committees on Appropriations 

15 of the House of Representatives and the Senate. 

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

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

18 a fiscal year 2018 request for United States Courthouse 

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

20 standards for construction as established and approved by 

21 the General Services Administration, the Judicial Con22 ference of the United States, and the Office of Manage23 ment and Budget; (2) reflects the priorities of the Judicial 

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

25 5-year construction plan; and (3) includes a standardized 


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1 courtroom utilization study of each facility to be con2 structed, replaced, or expanded. 

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

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

5 provide cleaning services, security enhancements, or any 

6 other service usually provided through the Federal Build7 ings Fund, to any agency that does not pay the rate per 

8 square foot assessment for space and services as deter9 mined by the General Services Administration in consider10 ation of the Public Buildings Amendments Act of 1972 

11 (Public Law 92–313). 

12 SEC. 524. From funds made available under the 

13 heading Federal Buildings Fund, Limitations on Avail14 ability of Revenue, claims against the Government of less 

15 than $250,000 arising from direct construction projects 

16 and acquisition of buildings may be liquidated from sav17 ings effected in other construction projects with prior noti18 fication to the Committees on Appropriations of the House 

19 of Representatives and the Senate. 

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

21 Transportation and Infrastructure of the House of Rep22 resentatives and the Committee on Environment and Pub23 lic Works of the Senate adopt a resolution granting lease 

24 authority pursuant to a prospectus transmitted to Con25 gress by the Administrator of the General Services AdminVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 istration under 40 U.S.C. 3307, the Administrator shall 

2 ensure that the delineated area of procurement is identical 

3 to the delineated area included in the prospectus for all 

4 lease agreements, except that, if the Administrator deter5 mines that the delineated area of the procurement should 

6 not be identical to the delineated area included in the pro7 spectus, the Administrator shall provide an explanatory 

8 statement to each of such committees and the Committees 

9 on Appropriations of the House of Representatives and the 

10 Senate prior to exercising any lease authority provided in 

11 the resolution. 

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

13 the heading ‘‘Major Repairs and Alterations’’ or ‘‘Judici14 ary Capital Security Program’’, and with respect to E15 Government projects funded under the heading ‘‘Federal 

16 Citizen Services Fund’’, the Administrator of General 

17 Services shall submit a spending plan and explanation for 

18 each project to be undertaken to the Committees on Ap19 propriations of the House of Representatives and the Sen20 ate not later than 60 days after the date of enactment 

21 of this Act. 

22 SEC. 527. Strike subsection (d) of section 3173 of 

23 title 40, United States Code. 


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1 MERIT SYSTEMS PROTECTION BOARD

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to carry out functions of the 

5 Merit Systems Protection Board pursuant to Reorganiza6 tion Plan Numbered 2 of 1978, the Civil Service Reform 

7 Act of 1978, and the Whistleblower Protection Act of 

8 1989 (5 U.S.C. 5509 note), including services as author9 ized by 5 U.S.C. 3109, rental of conference rooms in the 

10 District of Columbia and elsewhere, hire of passenger 

11 motor vehicles, direct procurement of survey printing, and 

12 not to exceed $2,000 for official reception and representa13 tion expenses, $44,786,000, to remain available until Sep14 tember 30, 2018, and in addition not to exceed 

15 $2,345,000, to remain available until September 30, 2018, 

16 for administrative expenses to adjudicate retirement ap17 peals to be transferred from the Civil Service Retirement 

18 and Disability Fund in amounts determined by the Merit 

19 Systems Protection Board. 

20 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

21 OPERATING EXPENSES

22 For necessary expenses in connection with the admin23 istration of the National Archives and Records Adminis24 tration and archived Federal records and related activities, 

25 as provided by law, and for expenses necessary for the reVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 view and declassification of documents, the activities of 

2 the Public Interest Declassification Board, the operations 

3 and maintenance of the electronic records archives, the 

4 hire of passenger motor vehicles, and for uniforms or al5 lowances therefor, as authorized by law (5 U.S.C. 5901), 

6 including maintenance, repairs, and cleaning, 

7 $380,634,000. 

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

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

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

13 1978 (5 U.S.C. App.), and for the hire of passenger motor 

14 vehicles, $4,801,000. 

15 REPAIRS AND RESTORATION

16 For the repair, alteration, and improvement of ar17 chives facilities, and to provide adequate storage for hold18 ings, $7,500,000, to remain available until expended. 

19 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

20 COMMISSION

21 GRANTS PROGRAM

22 For necessary expenses for allocations and grants for 

23 historical publications and records as authorized by 44 

24 U.S.C. 2504, $6,000,000, to remain available until ex25 pended. 


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1 NATIONAL CREDIT UNION ADMINISTRATION

2 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

3 For the Community Development Revolving Loan 

4 Fund program as authorized by 42 U.S.C. 9812, 9822 

5 and 9910, $2,000,000 shall be available until September 

6 30, 2018, for technical assistance to low-income des7 ignated credit unions. 

8 OFFICE OF GOVERNMENT ETHICS

9 SALARIES AND EXPENSES

10 For necessary expenses to carry out functions of the 

11 Office of Government Ethics pursuant to the Ethics in 

12 Government Act of 1978, the Ethics Reform Act of 1989, 

13 and the Stop Trading on Congressional Knowledge Act of 

14 2012, including services as authorized by 5 U.S.C. 3109, 

15 rental of conference rooms in the District of Columbia and 

16 elsewhere, hire of passenger motor vehicles, and not to ex17 ceed $1,500 for official reception and representation ex18 penses, $16,090,000. 

19 OFFICE OF PERSONNEL MANAGEMENT

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF TRUST FUNDS)

22 For necessary expenses to carry out functions of the 

23 Office of Personnel Management (OPM) pursuant to Re24 organization Plan Numbered 2 of 1978 and the Civil Serv25 ice Reform Act of 1978, including services as authorized 


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1 by 5 U.S.C. 3109; medical examinations performed for 

2 veterans by private physicians on a fee basis; rental of con3 ference rooms in the District of Columbia and elsewhere; 

4 hire of passenger motor vehicles; not to exceed $2,500 for 

5 official reception and representation expenses; advances 

6 for reimbursements to applicable funds of OPM and the 

7 Federal Bureau of Investigation for expenses incurred 

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

9 as amended; and payment of per diem or subsistence al10 lowances to employees where Voting Rights Act activities 

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

12 of duty, $144,867,000: Provided, That of the total amount 

13 made available under this heading, not to exceed 

14 $37,000,000 shall remain available until September 30, 

15 2018, for the operation and strengthening of the security 

16 of OPM legacy and Shell environment IT systems and the 

17 modernization, migration, and testing of such systems: 

18 Provided further, That the amount made available by the 

19 previous proviso may not be obligated until the Director 

20 of the Office of Personnel Management submits to the 

21 Committees on Appropriations of the Senate and the 

22 House of Representatives a plan for expenditure of such 

23 amount, prepared in consultation with the Director of the 

24 Office of Management and Budget, the Administrator of 


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1 the United States Digital Service, and the Secretary of 

2 Homeland Security, that— 

3 (1) identifies the full scope and cost of the IT 

4 systems remediation and stabilization project; 

5 (2) meets the capital planning and investment 

6 control review requirements established by the Office 

7 of Management and Budget, including Circular A– 

8 11, part 7; 

9 (3) includes a Major IT Business Case under 

10 the requirements established by the Office of Man11 agement and Budget Exhibit 300; 

12 (4) complies with the acquisition rules, require13 ments, guidelines, and systems acquisition manage14 ment practices of the Government; 

15 (5) complies with all Office of Management and 

16 Budget, Department of Homeland Security and Na17 tional Institute of Standards and Technology re18 quirements related to securing the agency’s informa19 tion system as described in 44 U.S.C. 3554; and 

20 (6) is reviewed and commented upon by the In21 spector General of the Office of Personnel Manage22 ment, and such comments are submitted to the Di23 rector of the Office of Personnel Management before 

24 the date of such submission: 


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1 Provided further, That, not later than 6 months after the 

2 date of enactment of this Act, the Comptroller General 

3 shall submit to the Committees on Appropriations of the 

4 Senate and the House of Representatives a report that— 

5 (A) evaluates— 

6 (i) the steps taken by the Office of Per7 sonnel Management to prevent, mitigate, and 

8 respond to data breaches involving sensitive 

9 personnel records and information; 

10 (ii) the Office’s cybersecurity policies and 

11 procedures in place on the date of enactment of 

12 this Act, including policies and procedures re13 lating to IT best practices such as data 

14 encryption, multifactor authentication, and con15 tinuous monitoring; 

16 (iii) the Office’s oversight of contractors 

17 providing IT services; and 

18 (iv) the Office’s compliance with govern19 ment-wide initiatives to improve cybersecurity; 

20 and 

21 (B) sets forth improvements that could be made 

22 to assist the Office of Personnel Management in ad23 dressing cybersecurity challenges: 

24 Provided further, That of the total amount made available 

25 under this heading, $391,000 may be made available for 


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1 strengthening the capacity and capabilities of the acquisi2 tion workforce (as defined by the Office of Federal Pro3 curement Policy Act, as amended (41 U.S.C. 4001 et 

4 seq.)), including the recruitment, hiring, training, and re5 tention of such workforce and information technology in 

6 support of acquisition workforce effectiveness or for man7 agement solutions to improve acquisition management; 

8 and in addition $141,611,000 for administrative expenses, 

9 to be transferred from the appropriate trust funds of OPM 

10 without regard to other statutes, including direct procure11 ment of printed materials, for the retirement and insur12 ance programs: Provided further, That the provisions of 

13 this appropriation shall not affect the authority to use ap14 plicable trust funds as provided by sections 8348(a)(1)(B), 

15 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 

16 5, United States Code: Provided further, That no part of 

17 this appropriation shall be available for salaries and ex18 penses of the Legal Examining Unit of OPM established 

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

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

21 That the President’s Commission on White House Fel22 lows, established by Executive Order No. 11183 of Octo23 ber 3, 1964, may, during fiscal year 2017, accept dona24 tions of money, property, and personal services: Provided 

25 further, That such donations, including those from prior 


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1 years, may be used for the development of publicity mate2 rials to provide information about the White House Fel3 lows, except that no such donations shall be accepted for 

4 travel or reimbursement of travel expenses, or for the sala5 ries of employees of such Commission. 

6 OFFICE OF INSPECTOR GENERAL

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF TRUST FUNDS)

9 For necessary expenses of the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Act of 1978, including services as authorized by 

12 5 U.S.C. 3109, hire of passenger motor vehicles, 

13 $5,072,000, and in addition, not to exceed $26,662,000 

14 for administrative expenses to audit, investigate, and pro15 vide other oversight of the Office of Personnel Manage16 ment’s retirement and insurance programs, to be trans17 ferred from the appropriate trust funds of the Office of 

18 Personnel Management, as determined by the Inspector 

19 General: Provided, That the Inspector General is author20 ized to rent conference rooms in the District of Columbia 

21 and elsewhere. 

22 OFFICE OF SPECIAL COUNSEL

23 SALARIES AND EXPENSES

24 For necessary expenses to carry out functions of the 

25 Office of Special Counsel pursuant to Reorganization Plan 


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

2 1978 (Public Law 95–454), the Whistleblower Protection 

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

4 Law 107–304, the Whistleblower Protection Enhancement 

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

6 Services Employment and Reemployment Rights Act of 

7 1994 (Public Law 103–353), including services as author8 ized by 5 U.S.C. 3109, payment of fees and expenses for 

9 witnesses, rental of conference rooms in the District of Co10 lumbia and elsewhere, and hire of passenger motor vehi11 cles; $25,735,000. 

12 POSTAL REGULATORY COMMISSION

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses of the Postal Regulatory 

16 Commission in carrying out the provisions of the Postal 

17 Accountability and Enhancement Act (Public Law 109– 

18 435), $16,200,000, to be derived by transfer from the 

19 Postal Service Fund and expended as authorized by sec20 tion 603(a) of such Act. 

21 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

22 SALARIES AND EXPENSES

23 For necessary expenses of the Privacy and Civil Lib24 erties Oversight Board, as authorized by section 1061 of 


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1 the Intelligence Reform and Terrorism Prevention Act of 

2 2004 (42 U.S.C. 2000ee), $8,297,000. 

3 SECURITIES AND EXCHANGE COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Securities and Ex6 change Commission, including services as authorized by 

7 5 U.S.C. 3109, the rental of space (to include multiple 

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

9 not to exceed $3,500 for official reception and representa10 tion expenses, $1,555,000,000, to remain available until 

11 expended; of which not less than $14,700,000 shall be for 

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

13 $75,000 shall be available for a permanent secretariat for 

14 the International Organization of Securities Commissions; 

15 of which not to exceed $100,000 shall be available for ex16 penses for consultations and meetings hosted by the Com17 mission with foreign governmental and other regulatory 

18 officials, members of their delegations and staffs to ex19 change views concerning securities matters, such expenses 

20 to include necessary logistic and administrative expenses 

21 and the expenses of Commission staff and foreign invitees 

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

23 meals; (2) travel and transportation; and (3) related lodg24 ing or subsistence; of which funding for information tech25 nology initiatives shall be increased over the fiscal year 


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1 2016 level by not less than $50,000,000; and of which not 

2 less than $72,049,000 shall be for the Division of Eco3 nomic and Risk Analysis: Provided, That fees and charges 

4 authorized by section 31 of the Securities Exchange Act 

5 of 1934 (15 U.S.C. 78ee) shall be credited to this account 

6 as offsetting collections: Provided further, That not to ex7 ceed $1,555,000,000 of such offsetting collections shall be 

8 available until expended for necessary expenses of this ac9 count: Provided further, That the total amount appro10 priated under this heading from the general fund for fiscal 

11 year 2017 shall be reduced as such offsetting fees are re12 ceived so as to result in a final total fiscal year 2017 ap13 propriation from the general fund estimated at not more 

14 than $0. 

15 SELECTIVE SERVICE SYSTEM

16 SALARIES AND EXPENSES

17 For necessary expenses of the Selective Service Sys18 tem, including expenses of attendance at meetings and of 

19 training for uniformed personnel assigned to the Selective 

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

21 civilian employees; hire of passenger motor vehicles; serv22 ices as authorized by 5 U.S.C. 3109; and not to exceed 

23 $750 for official reception and representation expenses; 

24 $22,703,000: Provided, That during the current fiscal 

25 year, the President may exempt this appropriation from 


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

2 deems such action to be necessary in the interest of na3 tional defense: Provided further, That none of the funds 

4 appropriated by this Act may be expended for or in con5 nection with the induction of any person into the Armed 

6 Forces of the United States. 

7 SMALL BUSINESS ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses, not otherwise provided for, 

10 of the Small Business Administration, including hire of 

11 passenger motor vehicles as authorized by sections 1343 

12 and 1344 of title 31, United States Code, and not to ex13 ceed $3,500 for official reception and representation ex14 penses, $268,000,000, of which not less than $12,000,000 

15 shall be available for examinations, reviews, and other 

16 lender oversight activities: Provided, That the Adminis17 trator is authorized to charge fees to cover the cost of pub18 lications developed by the Small Business Administration, 

19 and certain loan program activities, including fees author20 ized by section 5(b) of the Small Business Act: Provided 

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

22 received from all such activities shall be credited to this 

23 account, to remain available until expended, for carrying 

24 out these purposes without further appropriations: Pro25 vided further, That the Small Business Administration 


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

2 and may co-sponsor activities, each in accordance with sec3 tion 132(a) of division K of Public Law 108–447, during 

4 fiscal year 2017: Provided further, That $6,100,000 shall 

5 be available for the Loan Modernization and Accounting 

6 System, to be available until September 30, 2018. 

7 ENTREPRENEURIAL DEVELOPMENT PROGRAMS

8 For necessary expenses of programs supporting en9 trepreneurial and small business development, 

10 $243,100,000, to remain available until September 30, 

11 2018: Provided, That $125,000,000 shall be available to 

12 fund grants for performance in fiscal year 2017 or fiscal 

13 year 2018 as authorized by section 21 of the Small Busi14 ness Act: Provided further, That $31,000,000 shall be for 

15 marketing, management, and technical assistance under 

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

17 636(m)(4)) by intermediaries that make microloans under 

18 the microloan program: Provided further, That 

19 $20,000,000 shall be available for grants to States to 

20 carry out export programs that assist small business con21 cerns authorized under section 1207 of Public Law 111– 

22 240. 


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

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

5 OFFICE OF ADVOCACY

6 For necessary expenses of the Office of Advocacy in 

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

8 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi9 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,320,000, to 

10 remain available until expended. 

11 BUSINESS LOANS PROGRAM ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

13 For the cost of direct loans, $4,338,000, to remain 

14 available until expended: Provided, That such costs, in15 cluding the cost of modifying such loans, shall be as de16 fined in section 502 of the Congressional Budget Act of 

17 1974: Provided further, That subject to section 502 of the 

18 Congressional Budget Act of 1974, during fiscal year 

19 2017 commitments to guarantee loans under section 503 

20 of the Small Business Investment Act of 1958 shall not 

21 exceed $7,500,000,000: Provided further, That during fis22 cal year 2017 commitments for general business loans au23 thorized under section 7(a) of the Small Business Act 

24 shall not exceed $28,500,000,000 for a combination of 

25 amortizing term loans and the aggregated maximum line 


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1 of credit provided by revolving loans: Provided further, 

2 That during fiscal year 2017 commitments for loans au3 thorized under subparagraph (C) of section 502(7) of the 

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

5 696(7)) shall not exceed $7,500,000,000: Provided further, 

6 That during fiscal year 2017 commitments to guarantee 

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

8 Business Investment Act of 1958 shall not exceed 

9 $4,000,000,000: Provided further, That during fiscal year 

10 2017, guarantees of trust certificates authorized by sec11 tion 5(g) of the Small Business Act shall not exceed a 

12 principal amount of $12,000,000,000. In addition, for ad13 ministrative expenses to carry out the direct and guaran14 teed loan programs, $152,726,000, which may be trans15 ferred to and merged with the appropriations for Salaries 

16 and Expenses. 

17 DISASTER LOANS PROGRAM ACCOUNT

18 (INCLUDING TRANSFERS OF FUNDS)

19 For administrative expenses to carry out the direct 

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

21 Business Act, $185,977,000, to be available until ex22 pended, of which $1,000,000 is for the Office of Inspector 

23 General of the Small Business Administration for audits 

24 and reviews of disaster loans and the disaster loan pro25 grams and shall be transferred to and merged with the 


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1 appropriations for the Office of Inspector General; of 

2 which $175,977,000 is for direct administrative expenses 

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

4 program, which may be transferred to and merged with 

5 the appropriations for Salaries and Expenses; and of 

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

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

8 and merged with the appropriations for Salaries and Ex9 penses. 

10 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

11 ADMINISTRATION

12 (INCLUDING TRANSFER OF FUNDS)

13 (INCLUDING RESCISSION)

14 SEC. 530. Not to exceed 5 percent of any appropria15 tion made available for the current fiscal year for the 

16 Small Business Administration in this Act may be trans17 ferred between such appropriations, but no such appro18 priation shall be increased by more than 10 percent by 

19 any such transfers: Provided, That any transfer pursuant 

20 to this section shall be treated as a reprogramming of 

21 funds under section 608 of this Act and shall not be avail22 able for obligation or expenditure except in compliance 

23 with the procedures set forth in that section. 

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

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1 tion 7(a)(18) of the Small Business Act (15 U.S.C. 

2 636(a)(18)) with respect to a loan guaranteed under sec3 tion 7(a)(31) of such Act that is made to a small business 

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

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

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

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

8 of a veteran. 

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

10 the authority of the Administrator of the Small Business 

11 Administration to waive such a guarantee fee or any other 

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

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

14 SEC. 532. Of the unobligated balances available for 

15 the Certified Development Company Program under sec16 tion 503 of the Small Business Investment Act of 1958, 

17 as amended, $55,000,000 are hereby permanently re18 scinded: Provided, That no amounts may be so rescinded 

19 from amounts that were designated by the Congress as 

20 an emergency requirement pursuant to the Concurrent 

21 Resolution on the Budget or the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 


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1 UNITED STATES POSTAL SERVICE

2 PAYMENT TO THE POSTAL SERVICE FUND

3 For payment to the Postal Service Fund for revenue 

4 forgone on free and reduced rate mail, pursuant to sub5 sections (c) and (d) of section 2401 of title 39, United 

6 States Code, $41,151,000: Provided, That mail for over7 seas voting and mail for the blind shall continue to be free: 

8 Provided further, That 6-day delivery and rural delivery 

9 of mail shall continue at not less than the 1983 level: Pro10 vided further, That none of the funds made available to 

11 the Postal Service by this Act shall be used to implement 

12 any rule, regulation, or policy of charging any officer or 

13 employee of any State or local child support enforcement 

14 agency, or any individual participating in a State or local 

15 program of child support enforcement, a fee for informa16 tion requested or provided concerning an address of a 

17 postal customer: Provided further, That none of the funds 

18 provided in this Act shall be used to consolidate or close 

19 small rural and other small post offices: Provided further, 

20 That the Postal Service shall maintain and comply with 

21 service standards for First Class Mail and periodicals ef22 fective on July 1, 2012. 


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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Office of Inspector 

5 General in carrying out the provisions of the Inspector 

6 General Act of 1978, $258,000,000, to be derived by 

7 transfer from the Postal Service Fund and expended as 

8 authorized by section 603(b)(3) of the Postal Account9 ability and Enhancement Act (Public Law 109–435). 

10 UNITED STATES TAX COURT

11 SALARIES AND EXPENSES

12 For necessary expenses, including contract reporting 

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

14 $51,300,000: Provided, That travel expenses of the judges 

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

16 TITLE VI 

17 GENERAL PROVISIONS—THIS ACT 

18 (INCLUDING RESCISSION)

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

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

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

22 intervening in regulatory or adjudicatory proceedings 

23 funded in this Act. 

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

25 shall remain available for obligation beyond the current 


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1 fiscal year, nor may any be transferred to other appropria2 tions, unless expressly so provided herein. 

3 SEC. 603. The expenditure of any appropriation 

4 under this Act for any consulting service through procure5 ment contract pursuant to 5 U.S.C. 3109, shall be limited 

6 to those contracts where such expenditures are a matter 

7 of public record and available for public inspection, except 

8 where otherwise provided under existing law, or under ex9 isting Executive order issued pursuant to existing law. 

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

11 Act may be transferred to any department, agency, or in12 strumentality of the United States Government, except 

13 pursuant to a transfer made by, or transfer authority pro14 vided in, this Act or any other appropriations Act. 

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

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

17 salary of any Government employee where funding an ac18 tivity or paying a salary to a Government employee would 

19 result in a decision, determination, rule, regulation, or pol20 icy that would prohibit the enforcement of section 307 of 

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

22 SEC. 606. No funds appropriated pursuant to this 

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

24 that in expending the assistance the entity will comply 

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


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1 SEC. 607. No funds appropriated or otherwise made 

2 available under this Act shall be made available to any 

3 person or entity that has been convicted of violating chap4 ter 83 of title 41, United States Code. 

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

6 none of the funds provided in this Act, provided by pre7 vious appropriations Acts to the agencies or entities fund8 ed in this Act that remain available for obligation or ex9 penditure in fiscal year 2017, or provided from any ac10 counts in the Treasury derived by the collection of fees 

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

12 available for obligation or expenditure through a re13 programming of funds that: (1) creates a new program; 

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

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

16 for which funds have been denied or restricted by the Con17 gress; (4) proposes to use funds directed for a specific ac18 tivity by the Committee on Appropriations of either the 

19 House of Representatives or the Senate for a different 

20 purpose; (5) augments existing programs, projects, or ac21 tivities in excess of $5,000,000 or 10 percent, whichever 

22 is less; (6) reduces existing programs, projects, or activi23 ties by $5,000,000 or 10 percent, whichever is less; or (7) 

24 creates or reorganizes offices, programs, or activities un25 less prior approval is received from the Committees on ApVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 propriations of the House of Representatives and the Sen2 ate: Provided, That prior to any significant reorganization 

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

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

5 Committees on Appropriations of the House of Represent6 atives and the Senate: Provided further, That not later 

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

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

9 Committees on Appropriations of the House of Represent10 atives and the Senate to establish the baseline for applica11 tion of reprogramming and transfer authorities for the 

12 current fiscal year: Provided further, That at a minimum 

13 the report shall include: (1) a table for each appropriation 

14 with a separate column to display the President’s budget 

15 request, adjustments made by Congress, adjustments due 

16 to enacted rescissions, if appropriate, and the fiscal year 

17 enacted level; (2) a delineation in the table for each appro18 priation both by object class and program, project, and 

19 activity as detailed in the budget appendix for the respec20 tive appropriation; and (3) an identification of items of 

21 special congressional interest: Provided further, That the 

22 amount appropriated or limited for salaries and expenses 

23 for an agency shall be reduced by $100,000 per day for 

24 each day after the required date that the report has not 

25 been submitted to the Congress. 


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1 SEC. 609. Except as otherwise specifically provided 

2 by law, not to exceed 50 percent of unobligated balances 

3 remaining available at the end of fiscal year 2017 from 

4 appropriations made available for salaries and expenses 

5 for fiscal year 2017 in this Act, shall remain available 

6 through September 30, 2018, for each such account for 

7 the purposes authorized: Provided, That a request shall 

8 be submitted to the Committees on Appropriations of the 

9 House of Representatives and the Senate for approval 

10 prior to the expenditure of such funds: Provided further, 

11 That these requests shall be made in compliance with re12 programming guidelines. 

13 SEC. 610. (a) None of the funds made available in 

14 this Act may be used by the Executive Office of the Presi15 dent to request— 

16 (1) any official background investigation report 

17 on any individual from the Federal Bureau of Inves18 tigation; or 

19 (2) a determination with respect to the treat20 ment of an organization as described in section 

21 501(c) of the Internal Revenue Code of 1986 and 

22 exempt from taxation under section 501(a) of such 

23 Code from the Department of the Treasury or the 

24 Internal Revenue Service. 

25 (b) Subsection (a) shall not apply— 


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1 (1) in the case of an official background inves2 tigation report, if such individual has given express 

3 written consent for such request not more than 6 

4 months prior to the date of such request and during 

5 the same presidential administration; or 

6 (2) if such request is required due to extraor7 dinary circumstances involving national security. 

8 SEC. 611. The cost accounting standards promul9 gated under chapter 15 of title 41, United States Code 

10 shall not apply with respect to a contract under the Fed11 eral Employees Health Benefits Program established 

12 under chapter 89 of title 5, United States Code. 

13 SEC. 612. For the purpose of resolving litigation and 

14 implementing any settlement agreements regarding the 

15 nonforeign area cost-of-living allowance program, the Of16 fice of Personnel Management may accept and utilize 

17 (without regard to any restriction on unanticipated travel 

18 expenses imposed in an Appropriations Act) funds made 

19 available to the Office of Personnel Management pursuant 

20 to court approval. 

21 SEC. 613. No funds appropriated by this Act shall 

22 be available to pay for an abortion, or the administrative 

23 expenses in connection with any health plan under the 

24 Federal employees health benefits program which provides 

25 any benefits or coverage for abortions. 


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1 SEC. 614. The provision of section 613 shall not 

2 apply where the life of the mother would be endangered 

3 if the fetus were carried to term, or the pregnancy is the 

4 result of an act of rape or incest. 

5 SEC. 615. In order to promote Government access to 

6 commercial information technology, the restriction on pur7 chasing nondomestic articles, materials, and supplies set 

8 forth in chapter 83 of title 41, United States Code (popu9 larly known as the Buy American Act), shall not apply 

10 to the acquisition by the Federal Government of informa11 tion technology (as defined in section 11101 of title 40, 

12 United States Code), that is a commercial item (as defined 

13 in section 103 of title 41, United States Code). 

14 SEC. 616. Notwithstanding section 1353 of title 31, 

15 United States Code, no officer or employee of any regu16 latory agency or commission funded by this Act may ac17 cept on behalf of that agency, nor may such agency or 

18 commission accept, payment or reimbursement from a 

19 non-Federal entity for travel, subsistence, or related ex20 penses for the purpose of enabling an officer or employee 

21 to attend and participate in any meeting or similar func22 tion relating to the official duties of the officer or em23 ployee when the entity offering payment or reimbursement 

24 is a person or entity subject to regulation by such agency 

25 or commission, or represents a person or entity subject 


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1 to regulation by such agency or commission, unless the 

2 person or entity is an organization described in section 

3 501(c)(3) of the Internal Revenue Code of 1986 and ex4 empt from tax under section 501(a) of such Code. 

5 SEC. 617. Notwithstanding section 708 of this Act, 

6 funds made available to the Commodity Futures Trading 

7 Commission and the Securities and Exchange Commission 

8 by this or any other Act may be used for the interagency 

9 funding and sponsorship of a joint advisory committee to 

10 advise on emerging regulatory issues. 

11 SEC. 618. (a)(1) Notwithstanding any other provision 

12 of law, an Executive agency covered by this Act otherwise 

13 authorized to enter into contracts for either leases or the 

14 construction or alteration of real property for office, meet15 ing, storage, or other space must consult with the General 

16 Services Administration before issuing a solicitation for of17 fers of new leases or construction contracts, and in the 

18 case of succeeding leases, before entering into negotiations 

19 with the current lessor. 

20 (2) Any such agency with authority to enter into an 

21 emergency lease may do so during any period declared by 

22 the President to require emergency leasing authority with 

23 respect to such agency. 

24 (b) For purposes of this section, the term ‘‘Executive 

25 agency covered by this Act’’ means any Executive agency 


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1 provided funds by this Act, but does not include the Gen2 eral Services Administration or the United States Postal 

3 Service. 

4 SEC. 619. (a) There are appropriated for the fol5 lowing activities the amounts required under current law: 

6 (1) Compensation of the President (3 U.S.C. 

7 102). 

8 (2) Payments to— 

9 (A) the Judicial Officers’ Retirement Fund 

10 (28 U.S.C. 377(o)); 

11 (B) the Judicial Survivors’ Annuities Fund 

12 (28 U.S.C. 376(c)); and 

13 (C) the United States Court of Federal 

14 Claims Judges’ Retirement Fund (28 U.S.C. 

15 178(l)). 

16 (3) Payment of Government contributions— 

17 (A) with respect to the health benefits of 

18 retired employees, as authorized by chapter 89 

19 of title 5, United States Code, and the Retired 

20 Federal Employees Health Benefits Act (74 

21 Stat. 849); and 

22 (B) with respect to the life insurance bene23 fits for employees retiring after December 31, 

24 1989 (5 U.S.C. ch. 87). 


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1 (4) Payment to finance the unfunded liability of 

2 new and increased annuity benefits under the Civil 

3 Service Retirement and Disability Fund (5 U.S.C. 

4 8348). 

5 (5) Payment of annuities authorized to be paid 

6 from the Civil Service Retirement and Disability 

7 Fund by statutory provisions other than subchapter 

8 III of chapter 83 or chapter 84 of title 5, United 

9 States Code. 

10 (b) Nothing in this section may be construed to ex11 empt any amount appropriated by this section from any 

12 otherwise applicable limitation on the use of funds con13 tained in this Act. 

14 SEC. 620. None of the funds made available in this 

15 Act may be used by the Federal Trade Commission to 

16 complete the draft report entitled ‘‘Interagency Working 

17 Group on Food Marketed to Children: Preliminary Pro18 posed Nutrition Principles to Guide Industry Self-Regu19 latory Efforts’’ unless the Interagency Working Group on 

20 Food Marketed to Children complies with Executive Order 

21 No. 13563. 

22 SEC. 621. None of the funds made available by this 

23 Act may be used to pay the salaries and expenses for the 

24 following positions: 


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1 (1) Director, White House Office of Health Re2 form, or any substantially similar position. 

3 (2) Assistant to the President for Energy and 

4 Climate Change, or any substantially similar posi5 tion. 

6 (3) Senior Advisor to the Secretary of the 

7 Treasury assigned to the Presidential Task Force on 

8 the Auto Industry and Senior Counselor for Manu9 facturing Policy, or any substantially similar posi10 tion. 

11 (4) White House Director of Urban Affairs, or 

12 any substantially similar position. 

13 SEC. 622. None of the funds made available in this 

14 Act may be used in contravention of chapter 29, 31, or 

15 33 of title 44, United States Code. 

16 SEC. 623. (a) Not later than 180 days after the date 

17 of enactment of this section, the agencies specified in sub18 section (b) shall each submit a report to the Committees 

19 on Appropriations of the House of Representatives and the 

20 Senate on— 

21 (1) increasing public participation in the rule22 making process and reducing uncertainty; 

23 (2) improving coordination with other Federal 

24 agencies to eliminate redundant, inconsistent, and 

25 overlapping regulations; and 


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1 (3) identifying existing regulations that have 

2 been reviewed and determined to be outmoded, inef3 fective, or excessively burdensome. 

4 (b) The agencies required to submit a report specified 

5 in subsection (a) are— 

6 (1) the Consumer Product Safety Commission; 

7 (2) the Federal Communications Commission; 

8 (3) the Federal Trade Commission; and 

9 (4) the Securities and Exchange Commission. 

10 SEC. 624. The unobligated balance in the Securities 

11 and Exchange Commission Reserve Fund established by 

12 section 991 of the Dodd-Frank Wall Street Reform and 

13 Consumer Protection Act (Public Law 111–203) is perma14 nently rescinded. 

15 SEC. 625. None of the funds made available by this 

16 Act shall be used by the Securities and Exchange Commis17 sion to study, develop, propose, finalize, issue, or imple18 ment any rule, regulation, or order regarding the disclo19 sure of political contributions to tax exempt organizations, 

20 or dues paid to trade associations. 

21 SEC. 626. None of the funds made available by this 

22 or any other Act may be used by the Financial Stability 

23 Oversight Council to make a determination, pursuant to 

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1 bility Act of 2010 (12 U.S.C. 5323), with respect to a 

2 nonbank financial company until— 

3 (1) the Financial Stability Oversight Council, in 

4 the notice described in subsection (e)(1) of such sec5 tion, identifies with specificity the risks to the finan6 cial stability of the United States presented by the 

7 nonbank financial company and explains in sufficient 

8 detail why regulatory action by the relevant primary 

9 financial regulatory agency would be insufficient to 

10 mitigate or prevent such risks; and 

11 (2) if the nonbank financial company presents 

12 a plan in a hearing conducted pursuant to sub13 section (e)(2) of such section to modify its business, 

14 structure, or operations in order to mitigate the 

15 risks identified in such a notice— 

16 (A) the Financial Stability Oversight 

17 Council makes a determination as to whether 

18 such plan, if implemented, adequately mitigates 

19 the identified risks; and 

20 (B) if the Financial Stability Oversight 

21 Council determines that such plan would ade22 quately mitigate the identified risk, the Coun23 cil— 

24 (i) approves such plan; and 


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1 (ii) allows the nonbank financial com2 pany a reasonable period of time to imple3 ment such plan. 

4 SEC. 627. None of the funds made available in this 

5 Act may be used by a governmental entity to require the 

6 disclosure by a provider of electronic communication serv7 ice to the public or remote computing service of the con8 tents of a wire or electronic communication that is in elec9 tronic storage with the provider (as such terms are defined 

10 in sections 2510 and 2711 of title 18, United States Code) 

11 in a manner that violates the Fourth Amendment to the 

12 Constitution of the United States. 

13 SEC. 628. (a) In each of fiscal years 2017 through 

14 2025, section 628 of division E of the Consolidated Appro15 priations Act, 2016 (Public Law 114-113; 129 Stat. 2469) 

16 applies to a joint sales agreement regardless of any change 

17 in the ownership of the stations involved in such agree18 ment. 

19 (b) In the case of a joint sales agreement to which 

20 such section applies, while such section is in effect, the 

21 Federal Communications Commission— 

22 (1) may not require the termination or modi23 fication of such agreement as a condition of the 

24 transfer or assignment of a station license or the 

25 transfer of station ownership or control; and 


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1 (2) upon request of the transferee or assignee 

2 of the station license, shall eliminate any such condi3 tion that was imposed after March 31, 2014, and 

4 permit the licensees of the stations whose adver5 tising was jointly sold pursuant to such agreement 

6 to enter into a new joint sales agreement on sub7 stantially similar terms and conditions as the prior 

8 agreement. 

9 (c) In this section, the term ‘‘joint sales agreement’’ 

10 has the meaning given such term in Note 2(k) to section 

11 73.3555 of title 47, Code of Federal Regulations, and 

12 where a joint sales agreement is part of a broader con13 tract, this section shall be limited to the joint sales agree14 ment portion of such contract. 

15 SEC. 629. None of the funds appropriated by this Act 

16 may be used by the Federal Communications Commission 

17 to modify, amend, or change the rules or regulations of 

18 the Commission for universal service high-cost support for 

19 competitive eligible telecommunications carriers in a way 

20 that is inconsistent with paragraph (e)(5) or (e)(6) of sec21 tion 54.307 of title 47, Code of Federal Regulations, as 

22 in effect on July 15, 2015: Provided, That this section 

23 shall not prohibit the Commission from considering, devel24 oping, or adopting other support mechanisms as an alter25 native to Mobility Fund Phase II. 


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1 SEC. 630. None of the funds made available by this 

2 Act may be used to implement, administer, or enforce any 

3 rule (as defined in section 551 of title 5, United States 

4 Code), or any amendment or repeal of an existing rule, 

5 that is adopted by vote of the Federal Communications 

6 Commission after the date of the enactment of this Act, 

7 unless the Commission publishes the text of such rule, 

8 amendment, or repeal on the Internet Web site of the 

9 Commission not later than 21 days before the date on 

10 which the vote occurs. 

11 SEC. 631. None of the funds made available by this 

12 Act may be used to regulate, directly or indirectly, the 

13 prices, other fees, or data caps and allowances (as such 

14 terms are described in paragraph 164 of the Report and 

15 Order on Remand, Declaratory Ruling, and Order in the 

16 matter of protecting and promoting the open Internet, 

17 adopted by the Federal Communications Commission on 

18 February 26, 2015 (FCC 15–24)) charged or imposed by 

19 providers of broadband Internet access service (as defined 

20 in the final rules in Appendix A of such Report and Order 

21 on Remand, Declaratory Ruling, and Order) for such serv22 ice, regardless of whether such regulation takes the form 

23 of requirements for future conduct or enforcement regard24 ing past conduct. 


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1 SEC. 632. None of the funds made available by this 

2 Act may be used to implement, administer, or enforce the 

3 Report and Order on Remand, Declaratory Ruling, and 

4 Order in the matter of protecting and promoting the open 

5 Internet, adopted by the Federal Communications Com6 mission on February 26, 2015 (FCC 15–24), until the 

7 first date on which there has been a final disposition (in8 cluding the exhaustion of or expiration of the time for any 

9 appeals) of all of the following civil actions: 

10 (1) Alamo Broadband Inc. v. Federal Commu11 nications Commission, et al., No. 15-60201, pending 

12 in the United States Court of Appeals for the Fifth 

13 Circuit as of the date of the enactment of this Act. 

14 (2) United States Telecom Assoc. v. Federal 

15 Communications Commission, et al., No. 15-1063, 

16 pending in the United States Court of Appeals for 

17 the District of Columbia Circuit as of the date of the 

18 enactment of this Act. 

19 (3) CenturyLink v. Federal Communications 

20 Commission, No. 15-1099, pending in the United 

21 States Court of Appeals for the District of Columbia 

22 Circuit as of the date of the enactment of this Act. 

23 SEC. 633. (a) Section 1105(a)(35) of title 31, United 

24 States Code, is amended— 


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1 (1) by striking subparagraph (B) and redesig2 nating subparagraph (C) as subparagraph (B); 

3 (2) by striking ‘‘homeland security’’ in each in4 stance it appears and inserting ‘‘cybersecurity’’; and 

5 (3) by amending subparagraph (B) (as redesig6 nated by paragraph (1)) to read as follows: 

7 ‘‘(B) Prior to implementing this paragraph, in8 cluding determining what Federal activities or ac9 counts constitute cybersecurity for purposes of budg10 etary classification, the Office of Management and 

11 Budget shall consult with the Committees on Appro12 priations and the Committees on the Budget of the 

13 House of Representatives and the Senate, the Com14 mittee on Homeland Security of the House of Rep15 resentatives, and the Committee on Homeland Secu16 rity and Government Affairs of the Senate.’’. 

17 (b) The amendments made by subsection (a) shall 

18 apply to budget submissions under section 1105(a) of title 

19 31, United States Code, for fiscal year 2018 and each sub20 sequent fiscal year. 

21 SEC. 634. (a) Effective one year after the date of the 

22 enactment of this Act, subtitle B of title IV of Public Law 

23 102—281 is repealed. 

24 (b) On the day before the date of the repeal under 

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1 fer the amounts in the fund described in section 408(a) 

2 of subtitle A of title IV of such Public Law into the gen3 eral fund of the Treasury. 

4 SEC. 635. (a) None of the funds made available in 

5 this Act may be used to maintain or establish a computer 

6 network unless such network blocks the viewing, 

7 downloading, and exchanging of pornography. 

8 (b) Nothing in subsection (a) shall limit the use of 

9 funds necessary for any Federal, State, tribal, or local law 

10 enforcement agency or any other entity carrying out crimi11 nal investigations, prosecution, adjudication activities, or 

12 other law enforcement- or victim assistance-related activ13 ity. 

14 SEC. 636. (a) None of the funds made available by 

15 this Act may be used to finalize, adopt, implement, admin16 ister, or enforce any proposed rule under section 629 of 

17 the Communications Act of 1934 (47 U.S.C. 549) before 

18 the date that is 180 days after the completion of the fol19 lowing process: 

20 (1) There has been completed a study that— 

21 (A) evaluates the potential costs and bene22 fits of the proposed rule and the potential costs 

23 and benefits of other market-based solutions; 

24 and 


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1 (B) meets the requirements of subsection 

2 (b). 

3 (2) The Federal Communications Commission 

4 has— 

5 (A) sought public comment on the study 

6 described in paragraph (1); 

7 (B) provided a period of not less than 90 

8 days for the submission of such comments; and 

9 (C) addressed the concerns raised in the 

10 comment cycle under subparagraph (B) in a re11 port adopted by vote of the Commission and 

12 made publicly available. 

13 (b) A study meets the requirements of this subsection 

14 if the study— 

15 (1) is a peer-reviewed study conducted by an in16 stitution of higher education (as defined in section 

17 101(a) of the Higher Education Act of 1965 (20 

18 U.S.C. 1001(a))) or an individual in the individual’s 

19 capacity as a faculty member at such an institution; 

20 and 

21 (2) at minimum, analyzes the potential impact 

22 of the proposed rule on— 

23 (A) all parties in the video programming 

24 marketplace, including video programming cre25 ators, programming networks, multichannel 


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1 video programming distributors, and sub2 scribers of multichannel video programming 

3 services; 

4 (B) video programming content diversity; 

5 (C) intellectual property and content li6 censing; and 

7 (D) consumer privacy and the legal rem8 edies available to consumers for violations of 

9 video privacy obligations. 

10 SEC. 637. None of the funds made available in this 

11 Act or transferred pursuant to section 1017 of Public Law 

12 111–203 may be used to take any action on the basis of 

13 an individual being a mortgage originator as defined in 

14 section 103(cc) of the Truth in Lending Act (15 U.S.C. 

15 1602(cc)) against any individual who is a retailer of manu16 factured homes or its employees, unless such retailer or 

17 its employees receive compensation or gain for engaging 

18 in activities described in paragraph (1)(A) of such section 

19 103(cc) that is in excess of any compensation or gain re20 ceived in a comparable cash transaction. 

21 SEC. 638. None of the funds made available in this 

22 Act or transferred pursuant to section 1017 of Public Law 

23 111–203 may be used to enforce the provisions of section 

24 129 of the Truth in Lending Act (15 U.S.C. 1639) for 

25 any transaction that is less than $75,000 and is secured 


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1 by a dwelling that is personal property or is a transaction 

2 that does not include the purchase of real property on 

3 which a dwelling is to be placed if— 

4 (1) the annual percentage rate at consumma5 tion of the transaction, as determined under section 

6 103(bb) of the Truth in Lending Act (15 U.S.C. 

7 1602(bb)) does not exceed 10 percentage points; and 

8 (2) the total points and fees payable in connec9 tion with the transaction, as determined under such 

10 section 103(bb), do not exceed the greater of 5 per11 cent or $3,000. 

12 SEC. 639. None of the funds made available by this 

13 Act, any other Act, or transferred to the Bureau of Con14 sumer Financial Protection pursuant to section 1017 of 

15 the Consumer Financial Protection Act of 2010 may be 

16 used to issue or enforce any rule or regulation with respect 

17 to payday loans (as described under section 1024(a)(1)(E) 

18 of such Act), vehicle title loans, or other similar loans dur19 ing fiscal year 2017 and the Bureau may not issue or en20 force any such rule or regulation after fiscal year 2017 

21 until such time as the Bureau has submitted to Congress 

22 a detailed report, after providing for a public comment pe23 riod of not less than 90 days, that (1) analyzes the impact 

24 of any such rule or regulation on consumer access to cred25 it, including an analysis of the rule or regulation’s impact 


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1 on populations that have traditionally had limited access 

2 to credit; and (2) identifies existing alternative credit 

3 products that are immediately available to existing users 

4 of payday loans, vehicle title loans, or other similar loans 

5 at the same credit risk profiles and at sufficient levels to 

6 fully replace any anticipated potential reduction in current 

7 sources of short-term, small-dollar credit as a result of the 

8 rule or regulation. 

9 SEC. 640. (a) None of the funds made available by 

10 this Act shall be used to implement, promulgate, finalize 

11 or enforce Executive Order 13673, issued July 31, 2014, 

12 or to develop any regulation or guidance related thereto, 

13 until— 

14 (1) a study is conducted by the Comptroller 

15 General analyzing the impacts of such order on af16 fected Federal agencies’ missions, impacts on the in17 dustrial base, and including a cost benefit analysis 

18 of implementation of the such order versus potential 

19 alternatives; and 

20 (2) the Secretary of Labor has reviewed the re21 port of the study conducted pursuant to paragraph 

22 (1) and certified that the benefits of the order out23 weigh any associated costs and will not impede agen24 cy missions. 


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1 (b) The study to be conducted by the Comptroller 

2 General shall be publicly available and shall be submitted 

3 to the Committees on Appropriations of the House of Rep4 resentatives and Senate. The elements of the study shall 

5 include an assessment of— 

6 (1) the estimated costs to each Federal agency or de7 partment to implement the Executive order, including the 

8 costs of designating labor compliance advisors and any 

9 other associated positions or resources needed to support 

10 the functions of the labor compliance advisors; 

11 (2) the effects of the Executive order on the indus12 trial base (including the defense industrial base) and in13 cluding input from both the Federal agencies (including 

14 the Department of Defense) and affected members of the 

15 industrial base, including how the order would affect the 

16 ability of mission critical contractors to continue to pro17 vide goods and services to the Federal Government; 

18 (3) any private sector capabilities that the agency or 

19 department would risk losing access to if the Executive 

20 order were implemented as defined in the FAR proposed 

21 rule (FAR Case 2014–025; Docket No. 2014–0025) and 

22 any related final rule; 

23 (4) costs to prime contractors and subcontractors as24 sociated with complying with the proposed rule or any re25 lated final rule, including the costs of having to create new 


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1 information systems or processes to obtain and manage 

2 the data required by the Executive order; 

3 (5) the effect of the Executive order on Federal ac4 quisition competition and the ability to encourage non-tra5 ditional contractors to compete in the Federal market; 

6 (6) the effect of the Executive order on the ability 

7 of the Federal Government to meet statutory small busi8 ness prime contracting and subcontracting goals, includ9 ing such goals for minority-owned, women-owned, and 

10 service-disabled veteran-owned small businesses; 

11 (7) the total number of violations (as defined in the 

12 proposed Department of Labor guidance) and the number 

13 of such violations where a challenge was still pending that 

14 would trigger disclosure by potential bidders to a Govern15 ment solicitation; 

16 (8) any delays to the procurement process that will 

17 result from the implementation of the Executive order; 

18 (9) alternative approaches to effect the goal of the 

19 Executive order, including potential improvements to Gov20 ernment information systems, that could provide greater 

21 transparency into labor law compliance without shifting 

22 the reporting burden to industry; and 

23 (10) such other matters as the Comptroller General 

24 determines relevant. 


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1 SEC. 641. (1) None of the funds appropriated by this 

2 Act shall be available to pay for an abortion or the admin3 istrative expenses in connection with a multi-State quali4 fied health plan offered under a contract under section 

5 1334 of the Patient Protection and Affordable Care Act 

6 (42 U.S.C. 18054) which provides any benefits or coverage 

7 for abortions. 

8 (2) The provision of paragraph (1) shall not apply 

9 where the life of the mother would be endangered if the 

10 fetus were carried to term, or the pregnancy is the result 

11 of an act of rape or incest. 

12 TITLE VII 

13 GENERAL PROVISIONS—GOVERNMENT-WIDE 

14 DEPARTMENTS, AGENCIES, AND CORPORATIONS

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 701. No department, agency, or instrumentality 

17 of the United States receiving appropriated funds under 

18 this or any other Act for fiscal year 2017 shall obligate 

19 or expend any such funds, unless such department, agen20 cy, or instrumentality has in place, and will continue to 

21 administer in good faith, a written policy designed to en22 sure that all of its workplaces are free from the illegal 

23 use, possession, or distribution of controlled substances 

24 (as defined in the Controlled Substances Act (21 U.S.C. 


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1 802)) by the officers and employees of such department, 

2 agency, or instrumentality. 

3 SEC. 702. Unless otherwise specifically provided, the 

4 maximum amount allowable during the current fiscal year 

5 in accordance with subsection 1343(c) of title 31, United 

6 States Code, for the purchase of any passenger motor ve7 hicle (exclusive of buses, ambulances, law enforcement ve8 hicles, protective vehicles, and undercover surveillance ve9 hicles), is hereby fixed at $19,947 except station wagons 

10 for which the maximum shall be $19,997: Provided, That 

11 these limits may be exceeded by not to exceed $7,250 for 

12 police-type vehicles: Provided further, That the limits set 

13 forth in this section may not be exceeded by more than 

14 5 percent for electric or hybrid vehicles purchased for 

15 demonstration under the provisions of the Electric and 

16 Hybrid Vehicle Research, Development, and Demonstra17 tion Act of 1976: Provided further, That the limits set 

18 forth in this section may be exceeded by the incremental 

19 cost of clean alternative fuels vehicles acquired pursuant 

20 to Public Law 101–549 over the cost of comparable con21 ventionally fueled vehicles: Provided further, That the lim22 its set forth in this section shall not apply to any vehicle 

23 that is a commercial item and which operates on alter24 native fuel, including but not limited to electric, plug-in 

25 hybrid electric, and hydrogen fuel cell vehicles. 


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1 SEC. 703. Appropriations of the executive depart2 ments and independent establishments for the current fis3 cal year available for expenses of travel, or for the ex4 penses of the activity concerned, are hereby made available 

5 for quarters allowances and cost-of-living allowances, in 

6 accordance with 5 U.S.C. 5922–5924. 

7 SEC. 704. Unless otherwise specified in law during 

8 the current fiscal year, no part of any appropriation con9 tained in this or any other Act shall be used to pay the 

10 compensation of any officer or employee of the Govern11 ment of the United States (including any agency the ma12 jority of the stock of which is owned by the Government 

13 of the United States) whose post of duty is in the conti14 nental United States unless such person: (1) is a citizen 

15 of the United States; (2) is a person who is lawfully admit16 ted for permanent residence and is seeking citizenship as 

17 outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who 

18 is admitted as a refugee under 8 U.S.C. 1157 or is grant19 ed asylum under 8 U.S.C. 1158 and has filed a declaration 

20 of intention to become a lawful permanent resident and 

21 then a citizen when eligible; or (4) is a person who owes 

22 allegiance to the United States: Provided, That for pur23 poses of this section, affidavits signed by any such person 

24 shall be considered prima facie evidence that the require25 ments of this section with respect to his or her status are 


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1 being complied with: Provided further, That for purposes 

2 of subsections (2) and (3) such affidavits shall be sub3 mitted prior to employment and updated thereafter as nec4 essary: Provided further, That any payment made to any 

5 officer or employee contrary to the provisions of this sec6 tion shall be recoverable in action by the Federal Govern7 ment: Provided further, That this section shall not apply 

8 to any person who is an officer or employee of the Govern9 ment of the United States on the date of enactment of 

10 this Act, or to international broadcasters employed by the 

11 Broadcasting Board of Governors, or to temporary em12 ployment of translators, or to temporary employment in 

13 the field service (not to exceed 60 days) as a result of 

14 emergencies: Provided further, That this section does not 

15 apply to the employment as wildland firefighters for not 

16 more than 120 days of nonresident aliens employed by the 

17 Department of the Interior or the USDA Forest Service 

18 pursuant to an agreement with another country. 

19 SEC. 705. Appropriations available to any depart20 ment or agency during the current fiscal year for nec21 essary expenses, including maintenance or operating ex22 penses, shall also be available for payment to the General 

23 Services Administration for charges for space and services 

24 and those expenses of renovation and alteration of build25 ings and facilities which constitute public improvements 


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1 performed in accordance with the Public Buildings Act of 

2 1959 (73 Stat. 479), the Public Buildings Amendments 

3 of 1972 (86 Stat. 216), or other applicable law. 

4 SEC. 706. In addition to funds provided in this or 

5 any other Act, all Federal agencies are authorized to re6 ceive and use funds resulting from the sale of materials, 

7 including Federal records disposed of pursuant to a 

8 records schedule recovered through recycling or waste pre9 vention programs. Such funds shall be available until ex10 pended for the following purposes: 

11 (1) Acquisition, waste reduction and prevention, 

12 and recycling programs as described in Executive 

13 Order No. 13693 (March 19, 2015), including any 

14 such programs adopted prior to the effective date of 

15 the Executive order. 

16 (2) Other Federal agency environmental man17 agement programs, including, but not limited to, the 

18 development and implementation of hazardous waste 

19 management and pollution prevention programs. 

20 (3) Other employee programs as authorized by 

21 law or as deemed appropriate by the head of the 

22 Federal agency. 

23 SEC. 707. Funds made available by this or any other 

24 Act for administrative expenses in the current fiscal year 

25 of the corporations and agencies subject to chapter 91 of 


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1 title 31, United States Code, shall be available, in addition 

2 to objects for which such funds are otherwise available, 

3 for rent in the District of Columbia; services in accordance 

4 with 5 U.S.C. 3109; and the objects specified under this 

5 head, all the provisions of which shall be applicable to the 

6 expenditure of such funds unless otherwise specified in the 

7 Act by which they are made available: Provided, That in 

8 the event any functions budgeted as administrative ex9 penses are subsequently transferred to or paid from other 

10 funds, the limitations on administrative expenses shall be 

11 correspondingly reduced. 

12 SEC. 708. No part of any appropriation contained in 

13 this or any other Act shall be available for interagency 

14 financing of boards (except Federal Executive Boards), 

15 commissions, councils, committees, or similar groups 

16 (whether or not they are interagency entities) which do 

17 not have a prior and specific statutory approval to receive 

18 financial support from more than one agency or instru19 mentality. 

20 SEC. 709. None of the funds made available pursuant 

21 to the provisions of this or any other Act shall be used 

22 to implement, administer, or enforce any regulation which 

23 has been disapproved pursuant to a joint resolution duly 

24 adopted in accordance with the applicable law of the 

25 United States. 


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1 SEC. 710. During the period in which the head of 

2 any department or agency, or any other officer or civilian 

3 employee of the Federal Government appointed by the 

4 President of the United States, holds office, no funds may 

5 be obligated or expended in excess of $5,000 to furnish 

6 or redecorate the office of such department head, agency 

7 head, officer, or employee, or to purchase furniture or 

8 make improvements for any such office, unless advance 

9 notice of such furnishing or redecoration is transmitted 

10 to the Committees on Appropriations of the House of Rep11 resentatives and the Senate. For the purposes of this sec12 tion, the term ‘‘office’’ shall include the entire suite of of13 fices assigned to the individual, as well as any other space 

14 used primarily by the individual or the use of which is 

15 directly controlled by the individual. 

16 SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec17 tion 708 of this Act, funds made available for the current 

18 fiscal year by this or any other Act shall be available for 

19 the interagency funding of national security and emer20 gency preparedness telecommunications initiatives which 

21 benefit multiple Federal departments, agencies, or enti22 ties, as provided by Executive Order No. 13618 (July 6, 

23 2012). 

24 SEC. 712. (a) None of the funds made available by 

25 this or any other Act may be obligated or expended by 


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1 any department, agency, or other instrumentality of the 

2 Federal Government to pay the salaries or expenses of any 

3 individual appointed to a position of a confidential or pol4 icy-determining character that is excepted from the com5 petitive service under section 3302 of title 5, United 

6 States Code, (pursuant to schedule C of subpart C of part 

7 213 of title 5 of the Code of Federal Regulations) unless 

8 the head of the applicable department, agency, or other 

9 instrumentality employing such schedule C individual cer10 tifies to the Director of the Office of Personnel Manage11 ment that the schedule C position occupied by the indi12 vidual was not created solely or primarily in order to detail 

13 the individual to the White House. 

14 (b) The provisions of this section shall not apply to 

15 Federal employees or members of the Armed Forces de16 tailed to or from an element of the intelligence community 

17 (as that term is defined under section 3(4) of the National 

18 Security Act of 1947 (50 U.S.C. 3003(4))). 

19 SEC. 713. No part of any appropriation contained in 

20 this or any other Act shall be available for the payment 

21 of the salary of any officer or employee of the Federal 

22 Government, who— 

23 (1) prohibits or prevents, or attempts or threat24 ens to prohibit or prevent, any other officer or em25 ployee of the Federal Government from having any 


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1 direct oral or written communication or contact with 

2 any Member, committee, or subcommittee of the 

3 Congress in connection with any matter pertaining 

4 to the employment of such other officer or employee 

5 or pertaining to the department or agency of such 

6 other officer or employee in any way, irrespective of 

7 whether such communication or contact is at the ini8 tiative of such other officer or employee or in re9 sponse to the request or inquiry of such Member, 

10 committee, or subcommittee; or 

11 (2) removes, suspends from duty without pay, 

12 demotes, reduces in rank, seniority, status, pay, or 

13 performance or efficiency rating, denies promotion 

14 to, relocates, reassigns, transfers, disciplines, or dis15 criminates in regard to any employment right, enti16 tlement, or benefit, or any term or condition of em17 ployment of, any other officer or employee of the 

18 Federal Government, or attempts or threatens to 

19 commit any of the foregoing actions with respect to 

20 such other officer or employee, by reason of any 

21 communication or contact of such other officer or 

22 employee with any Member, committee, or sub23 committee of the Congress as described in paragraph 

24 (1). 


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1 SEC. 714. (a) None of the funds made available in 

2 this or any other Act may be obligated or expended for 

3 any employee training that— 

4 (1) does not meet identified needs for knowl5 edge, skills, and abilities bearing directly upon the 

6 performance of official duties; 

7 (2) contains elements likely to induce high lev8 els of emotional response or psychological stress in 

9 some participants; 

10 (3) does not require prior employee notification 

11 of the content and methods to be used in the train12 ing and written end of course evaluation; 

13 (4) contains any methods or content associated 

14 with religious or quasi-religious belief systems or 

15 ‘‘new age’’ belief systems as defined in Equal Em16 ployment Opportunity Commission Notice N– 

17 915.022, dated September 2, 1988; or 

18 (5) is offensive to, or designed to change, par19 ticipants’ personal values or lifestyle outside the 

20 workplace. 

21 (b) Nothing in this section shall prohibit, restrict, or 

22 otherwise preclude an agency from conducting training 

23 bearing directly upon the performance of official duties. 

24 SEC. 715. No part of any funds appropriated in this 

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1 tive branch, other than for normal and recognized execu2 tive-legislative relationships, for publicity or propaganda 

3 purposes, and for the preparation, distribution or use of 

4 any kit, pamphlet, booklet, publication, radio, television, 

5 infographic, social media, or film presentation designed to 

6 support or defeat legislation pending before the Congress, 

7 except in presentation to the Congress itself. 

8 SEC. 716. None of the funds appropriated by this or 

9 any other Act may be used by an agency to provide a Fed10 eral employee’s home address to any labor organization 

11 except when the employee has authorized such disclosure 

12 or when such disclosure has been ordered by a court of 

13 competent jurisdiction. 

14 SEC. 717. None of the funds made available in this 

15 or any other Act may be used to provide any non-public 

16 information such as mailing, telephone or electronic mail17 ing lists to any person or any organization outside of the 

18 Federal Government without the approval of the Commit19 tees on Appropriations of the House of Representatives 

20 and the Senate. 

21 SEC. 718. No part of any appropriation contained in 

22 this or any other Act shall be used directly or indirectly, 

23 including by private contractor, for publicity or propa24 ganda purposes within the United States not heretofore 

25 authorized by Congress. 


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1 SEC. 719. (a) In this section, the term ‘‘agency’’— 

2 (1) means an Executive agency, as defined 

3 under 5 U.S.C. 105; and 

4 (2) includes a military department, as defined 

5 under section 102 of such title, the United States 

6 Postal Service, and the Postal Regulatory Commis7 sion. 

8 (b) Unless authorized in accordance with law or regu9 lations to use such time for other purposes, an employee 

10 of an agency shall use official time in an honest effort 

11 to perform official duties. An employee not under a leave 

12 system, including a Presidential appointee exempted under 

13 5 U.S.C. 6301(2), has an obligation to expend an honest 

14 effort and a reasonable proportion of such employee’s time 

15 in the performance of official duties. 

16 SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec17 tion 708 of this Act, funds made available for the current 

18 fiscal year by this or any other Act to any department 

19 or agency, which is a member of the Federal Accounting 

20 Standards Advisory Board (FASAB), shall be available to 

21 finance an appropriate share of FASAB administrative 

22 costs. 

23 SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec24 tion 708 of this Act, the head of each Executive depart25 ment and agency is hereby authorized to transfer to or 


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1 reimburse ‘‘General Services Administration, Government2 wide Policy’’ with the approval of the Director of the Of3 fice of Management and Budget, funds made available for 

4 the current fiscal year by this or any other Act, including 

5 rebates from charge card and other contracts: Provided, 

6 That these funds shall be administered by the Adminis7 trator of General Services to support Government-wide 

8 and other multi-agency financial, information technology, 

9 procurement, and other management innovations, initia10 tives, and activities, including improving coordination and 

11 reducing duplication, as approved by the Director of the 

12 Office of Management and Budget, in consultation with 

13 the appropriate interagency and multi-agency groups des14 ignated by the Director (including the President’s Man15 agement Council for overall management improvement ini16 tiatives, the Chief Financial Officers Council for financial 

17 management initiatives, the Chief Information Officers 

18 Council for information technology initiatives, the Chief 

19 Human Capital Officers Council for human capital initia20 tives, the Chief Acquisition Officers Council for procure21 ment initiatives, and the Performance Improvement Coun22 cil for performance improvement initiatives): Provided fur23 ther, That the total funds transferred or reimbursed shall 

24 not exceed $15,000,000 to improve coordination, reduce 

25 duplication, and for other activities related to Federal 


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1 Government Priority Goals established by 31 U.S.C. 1120, 

2 and not to exceed $17,000,000 for Government-Wide inno3 vations, initiatives, and activities: Provided further, That 

4 the funds transferred to or for reimbursement of ‘‘General 

5 Services Administration, Government-wide Policy’’ during 

6 fiscal year 2017 shall remain available for obligation 

7 through September 30, 2018: Provided further, That such 

8 transfers or reimbursements may only be made after 15 

9 days following notification of the Committees on Appro10 priations of the House of Representatives and the Senate 

11 by the Director of the Office of Management and Budget. 

12 SEC. 722. Notwithstanding any other provision of 

13 law, a woman may breastfeed her child at any location 

14 in a Federal building or on Federal property, if the woman 

15 and her child are otherwise authorized to be present at 

16 the location. 

17 SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec18 tion 708 of this Act, funds made available for the current 

19 fiscal year by this or any other Act shall be available for 

20 the interagency funding of specific projects, workshops, 

21 studies, and similar efforts to carry out the purposes of 

22 the National Science and Technology Council (authorized 

23 by Executive Order No. 12881), which benefit multiple 

24 Federal departments, agencies, or entities: Provided, That 

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1 port describing the budget of and resources connected with 

2 the National Science and Technology Council to the Com3 mittees on Appropriations, the House Committee on 

4 Science and Technology, and the Senate Committee on 

5 Commerce, Science, and Transportation 90 days after en6 actment of this Act. 

7 SEC. 724. Any request for proposals, solicitation, 

8 grant application, form, notification, press release, or 

9 other publications involving the distribution of Federal 

10 funds shall comply with any relevant requirements in part 

11 200 of title 2, Code of Federal Regulations: Provided, 

12 That this section shall apply to direct payments, formula 

13 funds, and grants received by a State receiving Federal 

14 funds. 

15 SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY

16 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 

17 the funds made available in this or any other Act may 

18 be used by any Federal agency— 

19 (1) to collect, review, or create any aggregation 

20 of data, derived from any means, that includes any 

21 personally identifiable information relating to an in22 dividual’s access to or use of any Federal Govern23 ment Internet site of the agency; or 

24 (2) to enter into any agreement with a third 

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1 lect, review, or obtain any aggregation of data, de2 rived from any means, that includes any personally 

3 identifiable information relating to an individual’s 

4 access to or use of any nongovernmental Internet 

5 site. 

6 (b) EXCEPTIONS.—The limitations established in 

7 subsection (a) shall not apply to— 

8 (1) any record of aggregate data that does not 

9 identify particular persons; 

10 (2) any voluntary submission of personally iden11 tifiable information; 

12 (3) any action taken for law enforcement, regu13 latory, or supervisory purposes, in accordance with 

14 applicable law; or 

15 (4) any action described in subsection (a)(1) 

16 that is a system security action taken by the oper17 ator of an Internet site and is necessarily incident 

18 to providing the Internet site services or to pro19 tecting the rights or property of the provider of the 

20 Internet site. 

21 (c) DEFINITIONS.—For the purposes of this section: 

22 (1) The term ‘‘regulatory’’ means agency ac23 tions to implement, interpret or enforce authorities 

24 provided in law. 


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1 (2) The term ‘‘supervisory’’ means examina2 tions of the agency’s supervised institutions, includ3 ing assessing safety and soundness, overall financial 

4 condition, management practices and policies and 

5 compliance with applicable standards as provided in 

6 law. 

7 SEC. 726. (a) None of the funds appropriated by this 

8 Act may be used to enter into or renew a contract which 

9 includes a provision providing prescription drug coverage, 

10 except where the contract also includes a provision for con11 traceptive coverage. 

12 (b) Nothing in this section shall apply to a contract 

13 with— 

14 (1) any of the following religious plans: 

15 (A) Personal Care’s HMO; and 

16 (B) OSF HealthPlans, Inc.; and 

17 (2) any existing or future plan, if the carrier 

18 for the plan objects to such coverage on the basis of 

19 religious beliefs. 

20 (c) In implementing this section, any plan that enters 

21 into or renews a contract under this section may not sub22 ject any individual to discrimination on the basis that the 

23 individual refuses to prescribe or otherwise provide for 

24 contraceptives because such activities would be contrary 

25 to the individual’s religious beliefs or moral convictions. 


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1 (d) Nothing in this section shall be construed to re2 quire coverage of abortion or abortion-related services. 

3 SEC. 727. The United States is committed to ensur4 ing the health of its Olympic, Pan American, and 

5 Paralympic athletes, and supports the strict adherence to 

6 anti-doping in sport through testing, adjudication, edu7 cation, and research as performed by nationally recognized 

8 oversight authorities. 

9 SEC. 728. Notwithstanding any other provision of 

10 law, funds appropriated for official travel to Federal de11 partments and agencies may be used by such departments 

12 and agencies, if consistent with Office of Management and 

13 Budget Circular A–126 regarding official travel for Gov14 ernment personnel, to participate in the fractional aircraft 

15 ownership pilot program. 

16 SEC. 729. Notwithstanding any other provision of 

17 law, none of the funds appropriated or made available 

18 under this or any other appropriations Act may be used 

19 to implement or enforce restrictions or limitations on the 

20 Coast Guard Congressional Fellowship Program, or to im21 plement the proposed regulations of the Office of Per22 sonnel Management to add sections 300.311 through 

23 300.316 to part 300 of title 5 of the Code of Federal Reg24 ulations, published in the Federal Register, volume 68, 


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1 number 174, on September 9, 2003 (relating to the detail 

2 of executive branch employees to the legislative branch). 

3 SEC. 730. Notwithstanding any other provision of 

4 law, no executive branch agency shall purchase, construct, 

5 or lease any additional facilities, except within or contig6 uous to existing locations, to be used for the purpose of 

7 conducting Federal law enforcement training without the 

8 advance approval of the Committees on Appropriations of 

9 the House of Representatives and the Senate, except that 

10 the Federal Law Enforcement Training Center is author11 ized to obtain the temporary use of additional facilities 

12 by lease, contract, or other agreement for training which 

13 cannot be accommodated in existing Center facilities. 

14 SEC. 731. Unless otherwise authorized by existing 

15 law, none of the funds provided in this or any other Act 

16 may be used by an executive branch agency to produce 

17 any prepackaged news story intended for broadcast or dis18 tribution in the United States, unless the story includes 

19 a clear notification within the text or audio of the pre20 packaged news story that the prepackaged news story was 

21 prepared or funded by that executive branch agency. 

22 SEC. 732. None of the funds made available in this 

23 Act may be used in contravention of section 552a of title 

24 5, United States Code (popularly known as the Privacy 

25 Act), and regulations implementing that section. 


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1 SEC. 733. (a) IN GENERAL.—None of the funds ap2 propriated or otherwise made available by this or any 

3 other Act may be used for any Federal Government con4 tract with any foreign incorporated entity which is treated 

5 as an inverted domestic corporation under section 835(b) 

6 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 

7 or any subsidiary of such an entity. 

8 (b) WAIVERS.— 

9 (1) IN GENERAL.—Any Secretary shall waive 

10 subsection (a) with respect to any Federal Govern11 ment contract under the authority of such Secretary 

12 if the Secretary determines that the waiver is re13 quired in the interest of national security. 

14 (2) REPORT TO CONGRESS.—Any Secretary 

15 issuing a waiver under paragraph (1) shall report 

16 such issuance to Congress. 

17 (c) EXCEPTION.—This section shall not apply to any 

18 Federal Government contract entered into before the date 

19 of the enactment of this Act, or to any task order issued 

20 pursuant to such contract. 

21 SEC. 734. During fiscal year 2017, for each employee 

22 who— 

23 (1) retires under section 8336(d)(2) or 

24 8414(b)(1)(B) of title 5, United States Code; or 


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1 (2) retires under any other provision of sub2 chapter III of chapter 83 or chapter 84 of such title 

3 5 and receives a payment as an incentive to sepa4 rate, the separating agency shall remit to the Civil 

5 Service Retirement and Disability Fund an amount 

6 equal to the Office of Personnel Management’s aver7 age unit cost of processing a retirement claim for 

8 the preceding fiscal year. Such amounts shall be 

9 available until expended to the Office of Personnel 

10 Management and shall be deemed to be an adminis11 trative expense under section 8348(a)(1)(B) of title 

12 5, United States Code. 

13 SEC. 735. (a) None of the funds made available in 

14 this or any other Act may be used to recommend or re15 quire any entity submitting an offer for a Federal contract 

16 or otherwise performing or participating in acquisition at 

17 any stage of the acquisition process (as defined in section 

18 131 of title 41, United States Code) of property or services 

19 by the Federal Government to disclose any of the following 

20 information as a condition of submitting the offer or oth21 erwise performing in or participating in such acquisition: 

22 (1) Any payment consisting of a contribution, 

23 expenditure, independent expenditure, or disburse24 ment for an electioneering communication that is 

25 made by the entity, its officers or directors, or any 


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1 of its affiliates or subsidiaries to a candidate for 

2 election for Federal office or to a political com3 mittee, or that is otherwise made with respect to any 

4 election for Federal office. 

5 (2) Any disbursement of funds (other than a 

6 payment described in paragraph (1)) made by the 

7 entity, its officers or directors, or any of its affiliates 

8 or subsidiaries to any person with the intent or the 

9 reasonable expectation that the person will use the 

10 funds to make a payment described in paragraph 

11 (1). 

12 (b) In this section, each of the terms ‘‘contribution’’, 

13 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election14 eering communication’’, ‘‘candidate’’, ‘‘election’’, and 

15 ‘‘Federal office’’ has the meaning given such term in the 

16 Federal Election Campaign Act of 1971 (2 U.S.C. 431 

17 et seq.). 

18 SEC. 736. None of the funds made available in this 

19 or any other Act may be used to pay for the painting of 

20 a portrait of an officer or employee of the Federal govern21 ment, including the President, the Vice President, a mem22 ber of Congress (including a Delegate or a Resident Com23 missioner to Congress), the head of an executive branch 

24 agency (as defined in section 133 of title 41, United States 

25 Code), or the head of an office of the legislative branch. 


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1 SEC. 737. (a)(1) Notwithstanding any other provision 

2 of law, and except as otherwise provided in this section, 

3 no part of any of the funds appropriated for fiscal year 

4 2017, by this or any other Act, may be used to pay any 

5 prevailing rate employee described in section 

6 5342(a)(2)(A) of title 5, United States Code— 

7 (A) during the period from the date of expira8 tion of the limitation imposed by the comparable sec9 tion for the previous fiscal years until the normal ef10 fective date of the applicable wage survey adjust11 ment that is to take effect in fiscal year 2017, in an 

12 amount that exceeds the rate payable for the appli13 cable grade and step of the applicable wage schedule 

14 in accordance with such section; and 

15 (B) during the period consisting of the remain16 der of fiscal year 2017, in an amount that exceeds, 

17 as a result of a wage survey adjustment, the rate 

18 payable under subparagraph (A) by more than the 

19 sum of— 

20 (i) the percentage adjustment taking effect 

21 in fiscal year 2017 under section 5303 of title 

22 5, United States Code, in the rates of pay 

23 under the General Schedule; and 

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1 parability payments taking effect in fiscal year 

2 2017 under section 5304 of such title (whether 

3 by adjustment or otherwise), and the overall av4 erage percentage of such payments which was 

5 effective in the previous fiscal year under such 

6 section. 

7 (2) Notwithstanding any other provision of law, no 

8 prevailing rate employee described in subparagraph (B) or 

9 (C) of section 5342(a)(2) of title 5, United States Code, 

10 and no employee covered by section 5348 of such title, 

11 may be paid during the periods for which paragraph (1) 

12 is in effect at a rate that exceeds the rates that would 

13 be payable under paragraph (1) were paragraph (1) appli14 cable to such employee. 

15 (3) For the purposes of this subsection, the rates pay16 able to an employee who is covered by this subsection and 

17 who is paid from a schedule not in existence on September 

18 30, 2016, shall be determined under regulations pre19 scribed by the Office of Personnel Management. 

20 (4) Notwithstanding any other provision of law, rates 

21 of premium pay for employees subject to this subsection 

22 may not be changed from the rates in effect on September 

23 30, 2016, except to the extent determined by the Office 

24 of Personnel Management to be consistent with the pur25 pose of this subsection. 


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1 (5) This subsection shall apply with respect to pay 

2 for service performed after September 30, 2016. 

3 (6) For the purpose of administering any provision 

4 of law (including any rule or regulation that provides pre5 mium pay, retirement, life insurance, or any other em6 ployee benefit) that requires any deduction or contribu7 tion, or that imposes any requirement or limitation on the 

8 basis of a rate of salary or basic pay, the rate of salary 

9 or basic pay payable after the application of this sub10 section shall be treated as the rate of salary or basic pay. 

11 (7) Nothing in this subsection shall be considered to 

12 permit or require the payment to any employee covered 

13 by this subsection at a rate in excess of the rate that would 

14 be payable were this subsection not in effect. 

15 (8) The Office of Personnel Management may provide 

16 for exceptions to the limitations imposed by this sub17 section if the Office determines that such exceptions are 

18 necessary to ensure the recruitment or retention of quali19 fied employees. 

20 (b) Notwithstanding subsection (a), the adjustment 

21 in rates of basic pay for the statutory pay systems that 

22 take place in fiscal year 2017 under sections 5344 and 

23 5348 of title 5, United States Code, shall be— 

24 (1) not less than the percentage received by em25 ployees in the same location whose rates of basic pay 


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1 are adjusted pursuant to the statutory pay systems 

2 under sections 5303 and 5304 of title 5, United 

3 States Code: Provided, That prevailing rate employ4 ees at locations where there are no employees whose 

5 pay is increased pursuant to sections 5303 and 5304 

6 of title 5, United States Code, and prevailing rate 

7 employees described in section 5343(a)(5) of title 5, 

8 United States Code, shall be considered to be located 

9 in the pay locality designated as ‘‘Rest of United 

10 States’’ pursuant to section 5304 of title 5, United 

11 States Code, for purposes of this subsection; and 

12 (2) effective as of the first day of the first ap13 plicable pay period beginning after September 30, 

14 2016. 

15 SEC. 738. (a) The Vice President may not receive a 

16 pay raise in calendar year 2017, notwithstanding the rate 

17 adjustment made under section 104 of title 3, United 

18 States Code, or any other provision of law. 

19 (b) An employee serving in an Executive Schedule po20 sition, or in a position for which the rate of pay is fixed 

21 by statute at an Executive Schedule rate, may not receive 

22 a pay rate increase in calendar year 2017, notwith23 standing schedule adjustments made under section 5318 

24 of title 5, United States Code, or any other provision of 

25 law, except as provided in subsection (g), (h), or (i). This 


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1 subsection applies only to employees who are holding a po2 sition under a political appointment. 

3 (c) A chief of mission or ambassador at large may 

4 not receive a pay rate increase in calendar year 2017, not5 withstanding section 401 of the Foreign Service Act of 

6 1980 (Public Law 96–465) or any other provision of law, 

7 except as provided in subsection (g), (h), or (i). 

8 (d) Notwithstanding sections 5382 and 5383 of title 

9 5, United States Code, a pay rate increase may not be 

10 received in calendar year 2017 (except as provided in sub11 section (g), (h), or (i)) by— 

12 (1) a noncareer appointee in the Senior Execu13 tive Service paid a rate of basic pay at or above level 

14 IV of the Executive Schedule; or 

15 (2) a limited term appointee or limited emer16 gency appointee in the Senior Executive Service 

17 serving under a political appointment and paid a 

18 rate of basic pay at or above level IV of the Execu19 tive Schedule. 

20 (e) Any employee paid a rate of basic pay (including 

21 any locality-based payments under section 5304 of title 

22 5, United States Code, or similar authority) at or above 

23 level IV of the Executive Schedule who serves under a po24 litical appointment may not receive a pay rate increase 

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1 sion of law, except as provided in subsection (g), (h), or 

2 (i). This subsection does not apply to employees in the 

3 General Schedule pay system or the Foreign Service pay 

4 system, or to employees appointed under section 3161 of 

5 title 5, United States Code, or to employees in another 

6 pay system whose position would be classified at GS–15 

7 or below if chapter 51 of title 5, United States Code, ap8 plied to them. 

9 (f) Nothing in subsections (b) through (e) shall pre10 vent employees who do not serve under a political appoint11 ment from receiving pay increases as otherwise provided 

12 under applicable law. 

13 (g) A career appointee in the Senior Executive Serv14 ice who receives a Presidential appointment and who 

15 makes an election to retain Senior Executive Service basic 

16 pay entitlements under section 3392 of title 5, United 

17 States Code, is not subject to this section. 

18 (h) A member of the Senior Foreign Service who re19 ceives a Presidential appointment to any position in the 

20 executive branch and who makes an election to retain Sen21 ior Foreign Service pay entitlements under section 302(b) 

22 of the Foreign Service Act of 1980 (Public Law 96–465) 

23 is not subject to this section. 

24 (i) Notwithstanding subsections (b) through (e), an 

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1 crease upon an authorized movement to a different cov2 ered position with higher-level duties and a pre-established 

3 higher level or range of pay, except that any such increase 

4 must be based on the rates of pay and applicable pay limi5 tations in effect on December 31, 2013. 

6 (j) Notwithstanding any other provision of law, for 

7 an individual who is newly appointed to a covered position 

8 during the period of time subject to this section, the initial 

9 pay rate shall be based on the rates of pay and applicable 

10 pay limitations in effect on December 31, 2013. 

11 (k) If an employee affected by subsections (b) 

12 through (e) is subject to a biweekly pay period that begins 

13 in calendar year 2017 but ends in calendar year 2018, 

14 the bar on the employee’s receipt of pay rate increases 

15 shall apply through the end of that pay period. 

16 SEC. 739. (a) The head of any Executive branch de17 partment, agency, board, commission, or office funded by 

18 this or any other appropriations Act shall submit annual 

19 reports to the Inspector General or senior ethics official 

20 for any entity without an Inspector General, regarding the 

21 costs and contracting procedures related to each con22 ference held by any such department, agency, board, com23 mission, or office during fiscal year 2017 for which the 

24 cost to the United States Government was more than 

25 $100,000. 


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1 (b) Each report submitted shall include, for each con2 ference described in subsection (a) held during the applica3 ble period— 

4 (1) a description of its purpose; 

5 (2) the number of participants attending; 

6 (3) a detailed statement of the costs to the 

7 United States Government, including— 

8 (A) the cost of any food or beverages; 

9 (B) the cost of any audio-visual services; 

10 (C) the cost of employee or contractor 

11 travel to and from the conference; and 

12 (D) a discussion of the methodology used 

13 to determine which costs relate to the con14 ference; and 

15 (4) a description of the contracting procedures 

16 used including— 

17 (A) whether contracts were awarded on a 

18 competitive basis; and 

19 (B) a discussion of any cost comparison 

20 conducted by the departmental component or 

21 office in evaluating potential contractors for the 

22 conference. 

23 (c) Within 15 days after the end of a quarter, the 

24 head of any such department, agency, board, commission, 

25 or office shall notify the Inspector General or senior ethics 


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1 official for any entity without an Inspector General, of the 

2 date, location, and number of employees attending a con3 ference held by any Executive branch department, agency, 

4 board, commission, or office funded by this or any other 

5 appropriations Act during fiscal year 2017 for which the 

6 cost to the United States Government was more than 

7 $20,000. 

8 (d) A grant or contract funded by amounts appro9 priated by this or any other appropriations Act may not 

10 be used for the purpose of defraying the costs of a con11 ference described in subsection (c) that is not directly and 

12 programmatically related to the purpose for which the 

13 grant or contract was awarded, such as a conference held 

14 in connection with planning, training, assessment, review, 

15 or other routine purposes related to a project funded by 

16 the grant or contract. 

17 (e) None of the funds made available in this or any 

18 other appropriations Act may be used for travel and con19 ference activities that are not in compliance with Office 

20 of Management and Budget Memorandum M–12–12 

21 dated May 11, 2012 or any subsequent revisions to that 

22 memorandum. 

23 SEC. 740. None of the funds made available in this 

24 or any other appropriations Act may be used to increase, 

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1 tivity as proposed in the President’s budget request for 

2 a fiscal year until such proposed change is subsequently 

3 enacted in an appropriation Act, or unless such change 

4 is made pursuant to the reprogramming or transfer provi5 sions of this or any other appropriations Act. 

6 SEC. 741. (a) None of the funds appropriated or oth7 erwise made available by this or any other Act may be 

8 available for a contract, grant, or cooperative agreement 

9 with an entity that requires employees or contractors of 

10 such entity seeking to report fraud, waste, or abuse to sign 

11 internal confidentiality agreements or statements prohib12 iting or otherwise restricting such employees or contrac13 tors from lawfully reporting such waste, fraud, or abuse 

14 to a designated investigative or law enforcement represent15 ative of a Federal department or agency authorized to re16 ceive such information. 

17 (b) The limitation in subsection (a) shall not con18 travene requirements applicable to Standard Form 312, 

19 Form 4414, or any other form issued by a Federal depart20 ment or agency governing the nondisclosure of classified 

21 information. 

22 SEC. 742. (a) No funds appropriated in this or any 

23 other Act may be used to implement or enforce the agree24 ments in Standard Forms 312 and 4414 of the Govern25 ment or any other nondisclosure policy, form, or agreeVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 ment if such policy, form, or agreement does not contain 

2 the following provisions: ‘‘These provisions are consistent 

3 with and do not supersede, conflict with, or otherwise alter 

4 the employee obligations, rights, or liabilities created by 

5 existing statute or Executive order relating to (1) classi6 fied information, (2) communications to Congress, (3) the 

7 reporting to an Inspector General of a violation of any 

8 law, rule, or regulation, or mismanagement, a gross waste 

9 of funds, an abuse of authority, or a substantial and spe10 cific danger to public health or safety, or (4) any other 

11 whistleblower protection. The definitions, requirements, 

12 obligations, rights, sanctions, and liabilities created by 

13 controlling Executive orders and statutory provisions are 

14 incorporated into this agreement and are controlling.’’: 

15 Provided, That notwithstanding the preceding provision of 

16 this section, a nondisclosure policy form or agreement that 

17 is to be executed by a person connected with the conduct 

18 of an intelligence or intelligence-related activity, other 

19 than an employee or officer of the United States Govern20 ment, may contain provisions appropriate to the particular 

21 activity for which such document is to be used. Such form 

22 or agreement shall, at a minimum, require that the person 

23 will not disclose any classified information received in the 

24 course of such activity unless specifically authorized to do 

25 so by the United States Government. Such nondisclosure 


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1 forms shall also make it clear that they do not bar disclo2 sures to Congress, or to an authorized official of an execu3 tive agency or the Department of Justice, that are essen4 tial to reporting a substantial violation of law. 

5 (b) A nondisclosure agreement may continue to be 

6 implemented and enforced notwithstanding subsection (a) 

7 if it complies with the requirements for such agreement 

8 that were in effect when the agreement was entered into. 

9 (c) No funds appropriated in this or any other Act 

10 may be used to implement or enforce any agreement en11 tered into during fiscal year 2014 which does not contain 

12 substantially similar language to that required in sub13 section (a). 

14 SEC. 743. None of the funds made available by this 

15 or any other Act may be used to enter into a contract, 

16 memorandum of understanding, or cooperative agreement 

17 with, make a grant to, or provide a loan or loan guarantee 

18 to, any corporation that has any unpaid Federal tax liabil19 ity that has been assessed, for which all judicial and ad20 ministrative remedies have been exhausted or have lapsed, 

21 and that is not being paid in a timely manner pursuant 

22 to an agreement with the authority responsible for col23 lecting the tax liability, where the awarding agency is 

24 aware of the unpaid tax liability, unless a Federal agency 

25 has considered suspension or debarment of the corporation 


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1 and has made a determination that this further action is 

2 not necessary to protect the interests of the Government. 

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 was convicted of a felony criminal 

8 violation under any Federal law within the preceding 24 

9 months, where the awarding agency is aware of the convic10 tion, unless a Federal agency has considered suspension 

11 or debarment of the corporation and has made a deter12 mination that this further action is not necessary to pro13 tect the interests of the Government. 

14 SEC. 745. None of the funds made available under 

15 this or any other Act may be used to— 

16 (a) implement, administer, carry out, modify, revise, 

17 or enforce Executive Order 13690, entitled ‘‘Establishing 

18 a Federal Flood Risk Management Standard and a Proc19 ess for Further Soliciting and Considering Stakeholder 

20 Input’’ (issued January 30, 2015), until such time as each 

21 affected agency–— 

22 (1) publically releases and submits to the ap23 propriate Congressional committees an implementa24 tion plan that identifies all specific agency respon25 sibilities and program changes, including an assessVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 ment of the near term and long term costs and ben2 efits of the responsibilities and changes identified in 

3 such plan and 

4 (2) seeks public comment on any regulation, 

5 policy, or guidance to implement Executive Order 

6 13690 for not less than 180 days and holds at least 

7 one public hearing; or 

8 (b) implement Executive Order 13690 in a manner 

9 that modifies the non-grant components of the National 

10 Flood Insurance Program under the National Flood In11 surance Act of 1968 (42 U.S.C. 4011 et seq.); or 

12 (c) apply Executive Order 13690 or the Federal 

13 Flood Risk Management Standard by any component of 

14 the Department of Defense, including the Army Corps of 

15 Engineers in a way that changes the ‘‘floodplain’’ consid16 ered when determining whether or not to issue a permit 

17 under section 404 of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1344) or section 10 of the Act of March 

19 3, 1899 (chapter 425, 30 Stat. 1151; 33 U.S.C. 403). 

20 SEC. 746. Except as expressly provided otherwise, 

21 any reference to ‘‘this Act’’ contained in any title other 

22 than title IV or VIII shall not apply to such title IV or 

23 VIII. 


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1 TITLE VIII 

2 GENERAL PROVISIONS—DISTRICT OF 

3 COLUMBIA 

4 (INCLUDING TRANSFERS OF FUNDS)

5 SEC. 801. There are appropriated from the applicable 

6 funds of the District of Columbia such sums as may be 

7 necessary for making refunds and for the payment of legal 

8 settlements or judgments that have been entered against 

9 the District of Columbia government. 

10 SEC. 802. None of the Federal funds provided in this 

11 Act shall be used for publicity or propaganda purposes or 

12 implementation of any policy including boycott designed 

13 to support or defeat legislation pending before Congress 

14 or any State legislature. 

15 SEC. 803. (a) None of the Federal funds provided 

16 under this Act to the agencies funded by this Act, both 

17 Federal and District government agencies, that remain 

18 available for obligation or expenditure in fiscal year 2017, 

19 or provided from any accounts in the Treasury of the 

20 United States derived by the collection of fees available 

21 to the agencies funded by this Act, shall be available for 

22 obligation or expenditures for an agency through a re23 programming of funds which— 

24 (1) creates new programs; 


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1 (2) eliminates a program, project, or responsi2 bility center; 

3 (3) establishes or changes allocations specifi4 cally denied, limited or increased under this Act; 

5 (4) increases funds or personnel by any means 

6 for any program, project, or responsibility center for 

7 which funds have been denied or restricted; 

8 (5) re-establishes any program or project pre9 viously deferred through reprogramming; 

10 (6) augments any existing program, project, or 

11 responsibility center through a reprogramming of 

12 funds in excess of $3,000,000 or 10 percent, which13 ever is less; or 

14 (7) increases by 20 percent or more personnel 

15 assigned to a specific program, project or responsi16 bility center, 

17 unless prior approval is received from the Committees on 

18 Appropriations of the House of Representatives and the 

19 Senate. 

20 (b) The District of Columbia government is author21 ized to approve and execute reprogramming and transfer 

22 requests of local funds under this title through November 

23 7, 2017. 

24 SEC. 804. None of the Federal funds provided in this 

25 Act may be used by the District of Columbia to provide 


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1 for salaries, expenses, or other costs associated with the 

2 offices of United States Senator or United States Rep3 resentative under section 4(d) of the District of Columbia 

4 Statehood Constitutional Convention Initiatives of 1979 

5 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

6 SEC. 805. Except as otherwise provided in this sec7 tion, none of the funds made available by this Act or by 

8 any other Act may be used to provide any officer or em9 ployee of the District of Columbia with an official vehicle 

10 unless the officer or employee uses the vehicle only in the 

11 performance of the officer’s or employee’s official duties. 

12 For purposes of this section, the term ‘‘official duties’’ 

13 does not include travel between the officer’s or employee’s 

14 residence and workplace, except in the case of— 

15 (1) an officer or employee of the Metropolitan 

16 Police Department who resides in the District of Co17 lumbia or is otherwise designated by the Chief of the 

18 Department; 

19 (2) at the discretion of the Fire Chief, an offi20 cer or employee of the District of Columbia Fire and 

21 Emergency Medical Services Department who re22 sides in the District of Columbia and is on call 24 

23 hours a day; 

24 (3) at the discretion of the Director of the De25 partment of Corrections, an officer or employee of 


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1 the District of Columbia Department of Corrections 

2 who resides in the District of Columbia and is on 

3 call 24 hours a day; 

4 (4) at the discretion of the Chief Medical Ex5 aminer, an officer or employee of the Office of the 

6 Chief Medical Examiner who resides in the District 

7 of Columbia and is on call 24 hours a day; 

8 (5) at the discretion of the Director of the 

9 Homeland Security and Emergency Management 

10 Agency, an officer or employee of the Homeland Se11 curity and Emergency Management Agency who re12 sides in the District of Columbia and is on call 24 

13 hours a day; 

14 (6) the Mayor of the District of Columbia; and 

15 (7) the Chairman of the Council of the District 

16 of Columbia. 

17 SEC. 806. (a) None of the Federal funds contained 

18 in this Act may be used by the District of Columbia Attor19 ney General or any other officer or entity of the District 

20 government to provide assistance for any petition drive or 

21 civil action which seeks to require Congress to provide for 

22 voting representation in Congress for the District of Co23 lumbia. 

24 (b) Nothing in this section bars the District of Co25 lumbia Attorney General from reviewing or commenting 


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1 on briefs in private lawsuits, or from consulting with offi2 cials of the District government regarding such lawsuits. 

3 SEC. 807. None of the Federal funds contained in 

4 this Act may be used for any program of distributing ster5 ile needles or syringes for the hypodermic injection of any 

6 illegal drug. 

7 SEC. 808. Nothing in this Act may be construed to 

8 prevent the Council or Mayor of the District of Columbia 

9 from addressing the issue of the provision of contraceptive 

10 coverage by health insurance plans, but it is the intent 

11 of Congress that any legislation enacted on such issue 

12 should include a ‘‘conscience clause’’ which provides excep13 tions for religious beliefs and moral convictions. 

14 SEC. 809. (a) None of the Federal funds contained 

15 in this Act may be used to enact or carry out any law, 

16 rule, or regulation to legalize or otherwise reduce penalties 

17 associated with the possession, use, or distribution of any 

18 schedule I substance under the Controlled Substances Act 

19 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de20 rivative. 

21 (b) No funds available for obligation or expenditure 

22 by any officer or employee of the District of Columbia gov23 ernment may be used to enact any law, rule, or regulation 

24 to legalize or otherwise reduce penalties associated with 

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1 stance under the Controlled Substances Act (21 U.S.C. 

2 801 et seq.) or any tetrahydrocannabinols derivative for 

3 recreational purposes. 

4 SEC. 810. No funds available for obligation or ex5 penditure by any officer or employee of the District of Co6 lumbia government shall be expended for any abortion ex7 cept where the life of the mother would be endangered if 

8 the fetus were carried to term or where the pregnancy is 

9 the result of an act of rape or incest. 

10 SEC. 811. (a) No later than 30 calendar days after 

11 the date of the enactment of this Act, the Chief Financial 

12 Officer for the District of Columbia shall submit to the 

13 appropriate committees of Congress, the Mayor, and the 

14 Council of the District of Columbia, a revised appropriated 

15 funds operating budget in the format of the budget that 

16 the District of Columbia government submitted pursuant 

17 to section 442 of the District of Columbia Home Rule Act 

18 (D.C. Official Code, sec. 1–204.42), for all agencies of the 

19 District of Columbia government for fiscal year 2017 that 

20 is in the total amount of the approved appropriation and 

21 that realigns all budgeted data for personal services and 

22 other-than-personal services, respectively, with anticipated 

23 actual expenditures. 

24 (b) This section shall apply only to an agency for 

25 which the Chief Financial Officer for the District of CoVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 lumbia certifies that a reallocation is required to address 

2 unanticipated changes in program requirements. 

3 SEC. 812. No later than 30 calendar days after the 

4 date of the enactment of this Act, the Chief Financial Offi5 cer for the District of Columbia shall submit to the appro6 priate committees of Congress, the Mayor, and the Council 

7 for the District of Columbia, a revised appropriated funds 

8 operating budget for the District of Columbia Public 

9 Schools that aligns schools budgets to actual enrollment. 

10 The revised appropriated funds budget shall be in the for11 mat of the budget that the District of Columbia govern12 ment submitted pursuant to section 442 of the District 

13 of Columbia Home Rule Act (D.C. Official Code, sec. 1– 

14 204.42). 

15 SEC. 813. (a) Amounts appropriated in this Act as 

16 operating funds may be transferred to the District of Co17 lumbia’s enterprise and capital funds and such amounts, 

18 once transferred, shall retain appropriation authority con19 sistent with the provisions of this Act. 

20 (b) The District of Columbia government is author21 ized to reprogram or transfer for operating expenses any 

22 local funds transferred or reprogrammed in this or the 

23 four prior fiscal years from operating funds to capital 

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1 grammed, shall retain appropriation authority consistent 

2 with the provisions of this Act. 

3 (c) The District of Columbia government may not 

4 transfer or reprogram for operating expenses any funds 

5 derived from bonds, notes, or other obligations issued for 

6 capital projects. 

7 SEC. 814. None of the Federal funds appropriated 

8 in this Act shall remain available for obligation beyond 

9 the current fiscal year, nor may any be transferred to 

10 other appropriations, unless expressly so provided herein. 

11 SEC. 815. Except as otherwise specifically provided 

12 by law or under this Act, not to exceed 50 percent of unob13 ligated balances remaining available at the end of fiscal 

14 year 2017 from appropriations of Federal funds made 

15 available for salaries and expenses for fiscal year 2017 in 

16 this Act, shall remain available through September 30, 

17 2018, for each such account for the purposes authorized: 

18 Provided, That a request shall be submitted to the Com19 mittees on Appropriations of the House of Representatives 

20 and the Senate for approval prior to the expenditure of 

21 such funds: Provided further, That these requests shall be 

22 made in compliance with reprogramming guidelines out23 lined in section 803 of this Act. 

24 SEC. 816. (a)(1) During fiscal year 2018, during a 

25 period in which neither a District of Columbia continuing 


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1 resolution or a regular District of Columbia appropriation 

2 bill is in effect, local funds are appropriated in the amount 

3 provided for any project or activity for which local funds 

4 are provided in the Act referred to in paragraph (2) (sub5 ject to any modifications enacted by the District of Colum6 bia as of the beginning of the period during which this 

7 subsection is in effect) at the rate set forth by such Act. 

8 (2) The Act referred to in this paragraph is the Act 

9 of the Council of the District of Columbia pursuant to 

10 which a proposed budget is approved for fiscal year 2018 

11 which (subject to the requirements of the District of Co12 lumbia Home Rule Act) will constitute the local portion 

13 of the annual budget for the District of Columbia govern14 ment for fiscal year 2018 for purposes of section 446 of 

15 the District of Columbia Home Rule Act (sec. 1-204.46, 

16 D.C. Official Code). 

17 (b) Appropriations made by subsection (a) shall cease 

18 to be available— 

19 (1) during any period in which a District of Co20 lumbia continuing resolution for fiscal year 2018 is 

21 in effect; or 

22 (2) upon the enactment into law of the regular 

23 District of Columbia appropriation bill for fiscal year 

24 2018. 


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1 (c) An appropriation made by subsection (a) is pro2 vided under the authority and conditions as provided 

3 under this Act and shall be available to the extent and 

4 in the manner that would be provided by this Act. 

5 (d) An appropriation made by subsection (a) shall 

6 cover all obligations or expenditures incurred for such 

7 project or activity during the portion of fiscal year 2018 

8 for which this section applies to such project or activity. 

9 (e) This section shall not apply to a project or activity 

10 during any period of fiscal year 2018 if any other provi11 sion of law (other than an authorization of appropria12 tions)— 

13 (1) makes an appropriation, makes funds avail14 able, or grants authority for such project or activity 

15 to continue for such period; or 

16 (2) specifically provides that no appropriation 

17 shall be made, no funds shall be made available, or 

18 no authority shall be granted for such project or ac19 tivity to continue for such period. 

20 (f) Nothing in this section shall be construed to affect 

21 obligations of the government of the District of Columbia 

22 mandated by other law. 

23 SEC. 817. (a) Effective with respect to fiscal year 

24 2013 and each succeeding fiscal year, the Local Budget 

25 Autonomy Amendment Act of 2012 (D.C. Law 19–321) 


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1 is hereby repealed, and any provision of law amended or 

2 repealed by such Act shall be restored or revived as if such 

3 Act had not been enacted into law. 

4 (b)(1) Section 450 of the District of Columbia Home 

5 Rule Act (sec. 1–204.50, D.C. Official Code) is amend6 ed— 

7 (A) in the first sentence, by striking ‘‘The 

8 General Fund’’ and inserting ‘‘(a) IN GEN9 ERAL.—The General Fund’’; and 

10 (B) by adding at the end the following new 

11 subsection: 

12 ‘‘(b) APPLICATION OF FEDERAL APPROPRIATIONS

13 PROCESS.—Nothing in this Act shall be construed as cre14 ating a continuing appropriation of the General Fund de15 scribed in subsection (a). All funds provided for the Dis16 trict of Columbia shall be appropriated on an annual fiscal 

17 year basis through the Federal appropriations process. 

18 For each fiscal year, the District shall be subject to all 

19 applicable requirements of subchapter III of chapter 13 

20 and subchapter II of chapter 15 of title 31, United States 

21 Code (commonly known as the ‘Anti-Deficiency Act’), the 

22 Budget and Accounting Act of 1921, and all other require23 ments and restrictions applicable to appropriations for 

24 such fiscal year.’’. 


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1 (2) Section 603(a) of such Act (sec. 1–206.03(a), 

2 D.C. Official Code) is amended— 

3 (A) by striking ‘‘existing’’; and 

4 (B) by striking the period at the end and in5 serting the following: ‘‘, or as authorizing the Dis6 trict of Columbia to make any such change.’’. 

7 (3) The amendments made by this subsection shall 

8 take effect as if included in the enactment of the District 

9 of Columbia Home Rule Act. 

10 SEC. 818. Except as expressly provided otherwise, 

11 any reference to ‘‘this Act’’ contained in this title or in 

12 title IV shall be treated as referring only to the provisions 

13 of this title or of title IV. 

14 TITLE IX 

15 SOAR REAUTHORIZATION ACT 

16 SEC. 901. SHORT TITLE; REFERENCES IN TITLE. 

17 (a) SHORT TITLE.—This title may be cited as the 

18 ‘‘Scholarships for Opportunity and Results Reauthoriza19 tion Act’’ or the ‘‘SOAR Reauthorization Act’’. 

20 (b) REFERENCES IN TITLE.—Except as otherwise ex21 pressly provided, whenever in this title an amendment is 

22 expressed in terms of an amendment to or repeal of a sec23 tion or other provision, the reference shall be considered 

24 to be made to that section or other provision of the Schol25 arships for Opportunity and Results Act (division C of 


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1 Public Law 112–10; sec. 38–1853.01 et seq., D.C. Official 

2 Code). 

3 SEC. 902. REPEAL. 

4 Section 817 of the Consolidated Appropriations Act, 

5 2016 (Public Law 114–113) is repealed, and any provision 

6 of law amended or repealed by such section is restored 

7 or revived as if such section had not been enacted into 

8 law. 

9 SEC. 903. PURPOSES. 

10 Section 3003 (sec. 38–1853.03, D.C. Official Code) 

11 is amended by striking ‘‘particularly parents’’ and all that 

12 follows through ‘‘, with’’ and inserting ‘‘particularly par13 ents of students who attend an elementary school or sec14 ondary school identified as one of the lowest-performing 

15 schools under the District of Columbia’s accountability 

16 system, with’’. 

17 SEC. 904. PROHIBITING IMPOSITION OF LIMITS ON TYPES 

18 OF ELIGIBLE STUDENTS PARTICIPATING IN 

19 THE PROGRAM. 

20 Section 3004(a) (sec. 38–1853.04(a), D.C. Official 

21 Code) is amended by adding at the end the following: 

22 ‘‘(3) PROHIBITING IMPOSITION OF LIMITS ON

23 ELIGIBLE STUDENTS PARTICIPATING IN THE PRO24 GRAM.— 


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1 ‘‘(A) IN GENERAL.—In carrying out the 

2 program under this division, the Secretary may 

3 not limit the number of eligible students receiv4 ing scholarships under section 3007(a), and 

5 may not prevent otherwise eligible students 

6 from participating in the program under this 

7 division, based on any of the following: 

8 ‘‘(i) The type of school the student 

9 previously attended. 

10 ‘‘(ii) Whether or not the student pre11 viously received a scholarship or partici12 pated in the program, including whether 

13 an eligible student was awarded a scholar14 ship in any previous year but has not used 

15 the scholarship, regardless of the number 

16 of years of nonuse. 

17 ‘‘(iii) Whether or not the student was 

18 a member of the control group used by the 

19 Institute of Education Sciences to carry 

20 out previous evaluations of the program 

21 under section 3009. 

22 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

23 in subparagraph (A) may be construed to waive 

24 the requirement under section 3005(b)(1)(B) 

25 that the eligible entity carrying out the program 


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1 under this Act must carry out a random selec2 tion process, which gives weight to the priorities 

3 described in section 3006, if more eligible stu4 dents seek admission in the program than the 

5 program can accommodate.’’. 

6 SEC. 905. REQUIRING ELIGIBLE ENTITIES TO UTILIZE IN7 TERNAL FISCAL AND QUALITY CONTROLS. 

8 Section 3005(b)(1) (sec. 38–1853.05(b)(1), D.C. Of9 ficial Code) is amended— 

10 (1) in subparagraph (I), by striking ‘‘, except 

11 that a participating school may not be required to 

12 submit to more than 1 site visit per school year’’; 

13 (2) by redesignating subparagraphs (K) and 

14 (L) as subparagraphs (L) and (M), respectively; 

15 (3) by inserting after subparagraph (J) the fol16 lowing: 

17 ‘‘(K) how the entity will ensure the finan18 cial viability of participating schools in which 

19 85 percent or more of the total number of stu20 dents enrolled at the school are participating el21 igible students that receive and use an oppor22 tunity scholarship;’’; 

23 (4) in subparagraph (L), as redesignated by 

24 paragraph (2), by striking ‘‘and’’ at the end; and 

25 (5) by adding at the end the following: 


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1 ‘‘(N) how the eligible entity will ensure 

2 that it— 

3 ‘‘(i) utilizes internal fiscal and quality 

4 controls; and 

5 ‘‘(ii) complies with applicable financial 

6 reporting requirements and the require7 ments of this division; and’’. 

8 SEC. 906. CLARIFICATION OF PRIORITIES FOR AWARDING 

9 SCHOLARSHIPS TO ELIGIBLE STUDENTS. 

10 Section 3006(1) (sec. 38–1853.06(1), D.C. Official 

11 Code) is amended— 

12 (1) in subparagraph (A), by striking ‘‘attended’’ 

13 and all that follows through the semicolon and in14 serting ‘‘attended an elementary school or secondary 

15 school identified as one of the lowest-performing 

16 schools under the District of Columbia’s account17 ability system; and’’; 

18 (2) by striking subparagraph (B); 

19 (3) by redesignating subparagraph (C) as sub20 paragraph (B); and 

21 (4) in subparagraph (B), as redesignated by 

22 paragraph (3), by striking the semicolon at the end 

23 and inserting ‘‘or whether such students have, in the 

24 past, attended a private school;’’. 


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1 SEC. 907. MODIFICATION OF REQUIREMENTS FOR PARTICI2 PATING SCHOOLS AND ELIGIBLE ENTITIES. 

3 (a) CRIMINAL BACKGROUND CHECKS; COMPLIANCE

4 WITH REPORTING REQUIREMENTS.—Section 3007(a)(4) 

5 (sec. 38–1853.07(a)(4), D.C. Official Code) is amended— 

6 (1) in subparagraph (E), by striking ‘‘and’’ at 

7 the end; 

8 (2) by striking subparagraph (F) and inserting 

9 the following: 

10 ‘‘(F) ensures that, with respect to core 

11 subject matter, participating students are 

12 taught by a teacher who has a baccalaureate 

13 degree or equivalent degree, whether such de14 gree was awarded in or outside of the United 

15 States;’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(G) conducts criminal background checks 

18 on school employees who have direct and unsu19 pervised interaction with students; and 

20 ‘‘(H) complies with all requests for data 

21 and information regarding the reporting re22 quirements described in section 3010.’’. 

23 (b) ACCREDITATION.—Section 3007(a) (sec. 38– 

24 1853.07(a), D.C. Official Code), as amended by subsection 

25 (a), is further amended— 


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1 (1) in paragraph (1), by striking ‘‘paragraphs 

2 (2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and 

3 (5)’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(5) ACCREDITATION REQUIREMENTS.— 

6 ‘‘(A) IN GENERAL.—None of the funds 

7 provided under this division for opportunity 

8 scholarships may be used by a participating eli9 gible student to enroll in a participating private 

10 school unless the school— 

11 ‘‘(i) in the case of a school that is a 

12 participating school as of the date of en13 actment of the SOAR Reauthorization 

14 Act— 

15 ‘‘(I) is fully accredited by an ac16 crediting body described in any of 

17 subparagraphs (A) through (G) of 

18 section 2202(16) of the District of 

19 Columbia School Reform Act of 1995 

20 (Public Law 104–134; sec. 38– 

21 1802.02(16)(A)–(G), D.C. Official 

22 Code); or 

23 ‘‘(II) if such participating school 

24 does not meet the requirements of 

25 subclause (I)— 


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1 ‘‘(aa) not later than 1 year 

2 after the date of enactment of 

3 the Consolidated Appropriations 

4 Act, 2016 (Public Law 114– 

5 113), the school is pursuing full 

6 accreditation by an accrediting 

7 body described in subclause (I); 

8 and 

9 ‘‘(bb) is fully accredited by 

10 such an accrediting body not 

11 later than 5 years after the date 

12 on which that school began the 

13 process of pursuing full accredi14 tation in accordance with item 

15 (aa); and 

16 ‘‘(ii) in the case of a school that is not 

17 a participating school as of the date of en18 actment of the SOAR Reauthorization Act, 

19 is fully accredited by an accrediting body 

20 described in clause (i)(I) before becoming a 

21 participating school under this division. 

22 ‘‘(B) REPORTS TO ELIGIBLE ENTITY.—Not 

23 later than 5 years after the date of enactment 

24 of the SOAR Reauthorization Act, each partici25 pating school shall submit to the eligible entity 


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1 a certification that the school has been fully ac2 credited in accordance with subparagraph (A). 

3 ‘‘(C) ASSISTING STUDENTS IN ENROLLING

4 IN OTHER SCHOOLS.—If a participating school 

5 fails to meet the requirements of this para6 graph, the eligible entity shall assist the parents 

7 of the participating eligible students who attend 

8 the school in identifying, applying to, and en9 rolling in another participating school under 

10 this division. 

11 ‘‘(6) TREATMENT OF STUDENTS AWARDED A

12 SCHOLARSHIP IN A PREVIOUS YEAR.—An eligible en13 tity shall treat a participating eligible student who 

14 was awarded an opportunity scholarship in any pre15 vious year and who has not used the scholarship as 

16 a renewal student and not as a new applicant, with17 out regard as to— 

18 ‘‘(A) whether the eligible student has used 

19 the scholarship; and 

20 ‘‘(B) the year in which the scholarship was 

21 previously awarded.’’. 

22 (c) REQUIRING USE OF FUNDS REMAINING UNOBLI23 GATED FROM PREVIOUS FISCAL YEARS.— 


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1 (1) IN GENERAL.—Section 3007 (sec. 38– 

2 1853.07, D.C. Official Code) is amended by adding 

3 at the end the following: 

4 ‘‘(e) REQUIRING USE OF FUNDS REMAINING UNOB5 LIGATED FROM PREVIOUS FISCAL YEARS.— 

6 ‘‘(1) IN GENERAL.—To the extent that any 

7 funds appropriated for the opportunity scholarship 

8 program under this division for any fiscal year re9 main available for subsequent fiscal years under sec10 tion 3014(c), the Secretary shall make such funds 

11 available to eligible entities receiving grants under 

12 section 3004(a) for the uses described in paragraph 

13 (2)— 

14 ‘‘(A) in the case of any remaining funds 

15 that were appropriated before the date of enact16 ment of the SOAR Reauthorization Act, begin17 ning on the date of enactment of such Act; and 

18 ‘‘(B) in the case of any remaining funds 

19 appropriated on or after the date of enactment 

20 of such Act, by the first day of the first subse21 quent fiscal year. 

22 ‘‘(2) USE OF FUNDS.—If an eligible entity to 

23 which the Secretary provided additional funds under 

24 paragraph (1) elects to use such funds during a fis25 cal year, the eligible entity shall use— 


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1 ‘‘(A) not less than 95 percent of such addi2 tional funds to provide additional scholarships 

3 for eligible students under section 3007(a), or 

4 to increase the amount of the scholarships, dur5 ing such year; and 

6 ‘‘(B) not more than a total of 5 percent of 

7 such additional funds for administrative ex8 penses, parental assistance, or tutoring, as de9 scribed in subsections (b) and (c), during such 

10 year. 

11 ‘‘(3) SPECIAL RULE.—Any amounts made avail12 able for administrative expenses, parental assistance, 

13 or tutoring under paragraph (2)(B) shall be in addi14 tion to any other amounts made available for such 

15 purposes in accordance with subsections (b) and 

16 (c).’’. 

17 (2) EFFECTIVE DATE.—The amendment made 

18 by paragraph (1) shall take effect on the date of en19 actment of this title. 

20 (d) USE OF FUNDS FOR ADMINISTRATIVE EXPENSES

21 AND PARENTAL ASSISTANCE.—Section 3007 (sec. 38– 

22 1853.07, D.C. Official Code), as amended by this section, 

23 is further amended— 

24 (1) by striking subsections (b) and (c) and in25 serting the following: 


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1 ‘‘(b) ADMINISTRATIVE EXPENSES AND PARENTAL

2 ASSISTANCE.—The Secretary shall make $2,000,000 of 

3 the amount made available under section 3014(a)(1) for 

4 each fiscal year available to eligible entities receiving a 

5 grant under section 3004(a) to cover the following ex6 penses: 

7 ‘‘(1) The administrative expenses of carrying 

8 out its program under this division during the year, 

9 including— 

10 ‘‘(A) determining the eligibility of students 

11 to participate; 

12 ‘‘(B) selecting the eligible students to re13 ceive scholarships; 

14 ‘‘(C) determining the amount of the schol15 arships and issuing the scholarships to eligible 

16 students; 

17 ‘‘(D) compiling and maintaining financial 

18 and programmatic records; 

19 ‘‘(E) conducting site visits as described in 

20 section 3005(b)(1)(I); and 

21 ‘‘(F)(i) conducting a study, including a 

22 survey of participating parents, on any barriers 

23 for participating eligible students in gaining ad24 mission to, or attending, the participating 

25 school that is their first choice; and 


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1 ‘‘(ii) not later than the end of the first full 

2 fiscal year after the date of enactment of the 

3 SOAR Reauthorization Act, submitting a report 

4 to Congress that contains the results of such 

5 study. 

6 ‘‘(2) The expenses of educating parents about 

7 the eligible entity’s program under this division, and 

8 assisting parents through the application process 

9 under this division, including— 

10 ‘‘(A) providing information about the pro11 gram and the participating schools to parents 

12 of eligible students, including information on 

13 supplemental financial aid that may be available 

14 at participating schools; 

15 ‘‘(B) providing funds to assist parents of 

16 students in meeting expenses that might other17 wise preclude the participation of eligible stu18 dents in the program; and 

19 ‘‘(C) streamlining the application process 

20 for parents.’’; and 

21 (2) by redesignating subsection (d), and sub22 section (e) (as added by subsection (c)(1)), as sub23 sections (c) and (d), respectively. 

24 (e) CLARIFICATION OF USE OF FUNDS FOR STU25 DENT ACADEMIC ASSISTANCE.—Section 3007(c) (sec. 38– 


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1 1853.07(c), D.C. Official Code), as redesignated by sub2 section (d)(2), is amended by striking ‘‘previously at3 tended’’ and all that follows through the period at the end 

4 and inserting ‘‘previously attended an elementary school 

5 or secondary school identified as one of the lowest-per6 forming schools under the District of Columbia’s account7 ability system.’’. 

8 SEC. 908. PROGRAM EVALUATION. 

9 (a) REVISION OF EVALUATION PROCEDURES AND

10 REQUIREMENTS.— 

11 (1) IN GENERAL.—Section 3009(a) (sec. 38– 

12 1853.09(a), D.C. Official Code) is amended to read 

13 as follows: 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) DUTIES OF THE SECRETARY AND THE

16 MAYOR.—The Secretary and the Mayor of the Dis17 trict of Columbia shall— 

18 ‘‘(A) jointly enter into an agreement with 

19 the Institute of Education Sciences of the De20 partment of Education to evaluate annually the 

21 opportunity scholarship program under this di22 vision; 

23 ‘‘(B) jointly enter into an agreement to 

24 monitor and evaluate the use of funds author25 ized and appropriated for the District of CoVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 lumbia public schools and the District of Co2 lumbia public charter schools under this divi3 sion; and 

4 ‘‘(C) make the evaluations described in 

5 subparagraphs (A) and (B) public in accord6 ance with subsection (c). 

7 ‘‘(2) DUTIES OF THE SECRETARY.—The Sec8 retary, through a grant, contract, or cooperative 

9 agreement, shall— 

10 ‘‘(A) ensure that the evaluation under 

11 paragraph (1)(A)— 

12 ‘‘(i) is conducted using an acceptable 

13 quasi-experimental research design for de14 termining the effectiveness of the oppor15 tunity scholarship program under this divi16 sion that does not use a control study 

17 group consisting of students who applied 

18 for but did not receive opportunity scholar19 ships; and 

20 ‘‘(ii) addresses the issues described in 

21 paragraph (4); and 

22 ‘‘(B) disseminate information on the im23 pact of the program— 

24 ‘‘(i) in increasing academic achieve25 ment and educational attainment of parVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 ticipating eligible students who use an op2 portunity scholarship; and 

3 ‘‘(ii) on students and schools in the 

4 District of Columbia. 

5 ‘‘(3) DUTIES OF THE INSTITUTE OF EDU6 CATION SCIENCES.—The Institute of Education 

7 Sciences of the Department of Education shall— 

8 ‘‘(A) assess participating eligible students 

9 who use an opportunity scholarship in each of 

10 grades 3 through 8, as well as one of the grades 

11 at the high school level, by supervising the ad12 ministration of the same reading and mathe13 matics assessment used by the District of Co14 lumbia public schools to comply with section 

15 1111(b) of the Elementary and Secondary Edu16 cation Act of 1965 (20 U.S.C. 6311(b)); 

17 ‘‘(B) measure the academic achievement of 

18 all participating eligible students who use an 

19 opportunity scholarship in the grades described 

20 in subparagraph (A); and 

21 ‘‘(C) work with eligible entities receiving a 

22 grant under this division to ensure that the par23 ents of each student who is a participating eli24 gible student that uses an opportunity scholar25 ship agrees to permit their child to participate 


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1 in the evaluations and assessments carried out 

2 by the Institute of Education Sciences under 

3 this subsection. 

4 ‘‘(4) ISSUES TO BE EVALUATED.—The issues to 

5 be evaluated under paragraph (1)(A) shall include 

6 the following: 

7 ‘‘(A) A comparison of the academic 

8 achievement of participating eligible students 

9 who use an opportunity scholarship on the 

10 measurements described in paragraph (3)(B) to 

11 the academic achievement of a comparison 

12 group of students with similar backgrounds in 

13 the District of Columbia public schools. 

14 ‘‘(B) The success of the program under 

15 this division in expanding choice options for 

16 parents of participating eligible students and 

17 increasing the satisfaction of such parents and 

18 students with their choice. 

19 ‘‘(C) The reasons parents of participating 

20 eligible students choose for their children to 

21 participate in the program, including important 

22 characteristics for selecting schools. 

23 ‘‘(D) A comparison of the retention rates, 

24 high school graduation rates, college enrollment 

25 rates, college persistence rates, and college 


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1 graduation rates of participating eligible stu2 dents who use an opportunity scholarship with 

3 the rates of students in the comparison group 

4 described in subparagraph (A). 

5 ‘‘(E) A comparison of the college enroll6 ment rates, college persistence rates, and col7 lege graduation rates of students who partici8 pated in the program in 2004, 2005, 2011, 

9 2012, 2013, 2014, and 2015 as the result of 

10 winning the Opportunity Scholarship Program 

11 lottery with such enrollment, persistence, and 

12 graduation rates for students who entered but 

13 did not win such lottery in those years and who, 

14 as a result, served as the control group for pre15 vious evaluations of the program under this di16 vision. Nothing in this subparagraph may be 

17 construed to waive section 3004(a)(3)(A)(iii) 

18 with respect to any such student. 

19 ‘‘(F) A comparison of the safety of the 

20 schools attended by participating eligible stu21 dents who use an opportunity scholarship and 

22 the schools in the District of Columbia attended 

23 by students in the comparison group described 

24 in subparagraph (A), based on the perceptions 

25 of the students and parents. 


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1 ‘‘(G) An assessment of student academic 

2 achievement at participating schools in which 

3 85 percent of the total number of students en4 rolled at the school are participating eligible 

5 students who receive and use an opportunity 

6 scholarship. 

7 ‘‘(H) Such other issues with respect to 

8 participating eligible students who use an op9 portunity scholarship as the Secretary considers 

10 appropriate for inclusion in the evaluation, such 

11 as the impact of the program on public elemen12 tary schools and secondary schools in the Dis13 trict of Columbia. 

14 ‘‘(5) PROHIBITING DISCLOSURE OF PERSONAL

15 INFORMATION.— 

16 ‘‘(A) IN GENERAL.—Any disclosure of per17 sonally identifiable information obtained under 

18 this division shall be in compliance with section 

19 444 of the General Education Provisions Act 

20 (commonly known as the ‘Family Educational 

21 Rights and Privacy Act of 1974’) (20 U.S.C. 

22 1232g). 

23 ‘‘(B) STUDENTS NOT ATTENDING PUBLIC

24 SCHOOLS.—With respect to any student who is 

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1 ondary school, personally identifiable informa2 tion obtained under this division shall only be 

3 disclosed to— 

4 ‘‘(i) individuals carrying out the eval5 uation described in paragraph (1)(A) for 

6 such student; 

7 ‘‘(ii) the group of individuals pro8 viding information for carrying out the 

9 evaluation of such student; and 

10 ‘‘(iii) the parents of such student.’’. 

11 (2) TRANSITION OF EVALUATION.— 

12 (A) TERMINATION OF PREVIOUS EVALUA13 TIONS.—The Secretary of Education shall— 

14 (i) terminate the evaluations con15 ducted under section 3009(a) of the Schol16 arships for Opportunity and Results Act 

17 (sec. 38–1853.09(a), D.C. Official Code), 

18 as in effect on the day before the date of 

19 enactment of this title, after obtaining 

20 data for the 2016–2017 school year; and 

21 (ii) submit any reports required for 

22 the 2016–2017 school year or preceding 

23 years with respect to the evaluations in ac24 cordance with section 3009(b) of such Act. 

25 (B) NEW EVALUATIONS.— 


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1 (i) IN GENERAL.—Effective beginning 

2 with respect to the 2017–2018 school year, 

3 the Secretary shall conduct new evalua4 tions in accordance with the provisions of 

5 section 3009(a) of the Scholarships for Op6 portunity and Results Act (sec. 38– 

7 1853.09(a), D.C. Official Code), as amend8 ed by this title. 

9 (ii) MOST RECENT EVALUATION.—As 

10 a component of the new evaluations de11 scribed in clause (i), the Secretary shall 

12 continue to monitor and evaluate the stu13 dents who were evaluated in the most re14 cent evaluation under such section prior to 

15 the date of enactment of this title, includ16 ing by monitoring and evaluating the test 

17 scores and other information of such stu18 dents. 

19 (b) DUTY OF MAYOR TO ENSURE INSTITUTE HAS

20 ALL INFORMATION NECESSARY TO CARRY OUT EVALUA21 TIONS.—Section 3011(a)(1) (sec. 38–1853.11(a)(1), D.C. 

22 Official Code) is amended to read as follows: 

23 ‘‘(1) INFORMATION NECESSARY TO CARRY OUT

24 EVALUATIONS.—Ensure that all District of Colum25 bia public schools and District of Columbia public 


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1 charter schools make available to the Institute of 

2 Education Sciences of the Department of Education 

3 all of the information the Institute requires to carry 

4 out the assessments and perform the evaluations re5 quired under section 3009(a).’’. 

6 SEC. 909. FUNDING FOR DISTRICT OF COLUMBIA PUBLIC 

7 SCHOOLS AND PUBLIC CHARTER SCHOOLS. 

8 (a) MANDATORY WITHHOLDING OF FUNDS FOR

9 FAILURE TO COMPLY WITH CONDITIONS.—Section 

10 3011(b) (sec. 38–1853.11(b), D.C. Official Code) is 

11 amended to read as follows: 

12 ‘‘(b) ENFORCEMENT.—If, after reasonable notice and 

13 an opportunity for a hearing, the Secretary determines 

14 that the Mayor has failed to comply with any of the re15 quirements of subsection (a), the Secretary may withhold 

16 from the Mayor, in whole or in part— 

17 ‘‘(1) the funds otherwise authorized to be ap18 propriated under section 3014(a)(2), if the failure to 

19 comply relates to the District of Columbia public 

20 schools; 

21 ‘‘(2) the funds otherwise authorized to be ap22 propriated under section 3014(a)(3), if the failure to 

23 comply relates to the District of Columbia public 

24 charter schools; or 


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1 ‘‘(3) the funds otherwise authorized to be ap2 propriated under both paragraphs (2) and (3) of 

3 section 3014(a), if the failure relates to both the 

4 District of Columbia public schools and the District 

5 of Columbia public charter schools.’’. 

6 (b) RULES FOR USE OF FUNDS PROVIDED FOR SUP7 PORT OF PUBLIC CHARTER SCHOOLS.—Section 3011 

8 (sec. 38–1853.11, D.C. Official Code), as amended by sec9 tion 7(b) and section 8(a), is further amended— 

10 (1) by redesignating subsection (c) as sub11 section (d); and 

12 (2) by inserting after subsection (b) the fol13 lowing new subsection: 

14 ‘‘(c) SPECIFIC RULES REGARDING FUNDS PROVIDED

15 FOR SUPPORT OF PUBLIC CHARTER SCHOOLS.—The fol16 lowing rules shall apply with respect to the funds provided 

17 under this division for the support of District of Columbia 

18 public charter schools: 

19 ‘‘(1) The Secretary may direct the funds pro20 vided for any fiscal year, or any portion thereof, to 

21 the Office of the State Superintendent of Education 

22 of the District of Columbia. 

23 ‘‘(2) The Office of the State Superintendent of 

24 Education of the District of Columbia may transfer 

25 the funds to subgrantees that are— 


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1 ‘‘(A) specific District of Columbia public 

2 charter schools or networks of such schools; or 

3 ‘‘(B) District of Columbia-based nonprofit 

4 organizations with experience in successfully 

5 providing support or assistance to District of 

6 Columbia public charter schools or networks of 

7 such schools. 

8 ‘‘(3) The funds provided under this division for 

9 the support of District of Columbia public charter 

10 schools shall be available to any District of Columbia 

11 public charter school in good standing with the Dis12 trict of Columbia Charter School Board, and the Of13 fice of the State Superintendent of Education of the 

14 District of Columbia and the District of Columbia 

15 Charter School Board may not restrict the avail16 ability of such funds to certain types of schools on 

17 the basis of the school’s location, governing body, or 

18 the school’s facilities.’’. 

19 SEC. 910. REVISION OF CURRENT MEMORANDUM OF UN20 DERSTANDING. 

21 Not later than the beginning of the 2017–2018 school 

22 year, the Secretary of Education and the Mayor of the 

23 District of Columbia shall revise the memorandum of un24 derstanding which is in effect under section 3012(d) of 

25 the Scholarships for Opportunity and Results Act as of 


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1 the day before the date of the enactment of this title to 

2 address the following: 

3 (1) The amendments made by this title. 

4 (2) The need to ensure that participating 

5 schools under the Scholarships for Opportunity and 

6 Results Act meet fire code standards and maintain 

7 certificates of occupancy. 

8 (3) The need to ensure that District of Colum9 bia public schools and District of Columbia public 

10 charter schools meet the requirements under such 

11 Act to comply with all reasonable requests for infor12 mation necessary to carry out the evaluations re13 quired under section 3009(a) of such Act. 

14 SEC. 911. DEFINITIONS. 

15 Section 3013 (sec. 38–1853.13, D.C. Official Code) 

16 is amended— 

17 (1) by redesignating paragraphs (1) through 

18 (10) as paragraphs (2) through (11), respectively; 

19 (2) by inserting before paragraph (2), as redes20 ignated by paragraph (1), the following: 

21 ‘‘(1) CORE SUBJECT MATTER.—The term ‘core 

22 subject matter’ means— 

23 ‘‘(A) mathematics; 

24 ‘‘(B) science; and 


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1 ‘‘(C) English, reading, or language arts.’’; 

2 and 

3 (3) in paragraph (4)(B)(ii), as redesignated by 

4 paragraph (1), by inserting ‘‘household with a’’ be5 fore ‘‘student’’. 

6 SEC. 912. EXTENSION OF AUTHORIZATION OF APPROPRIA7 TIONS. 

8 (a) IN GENERAL.—Section 3014 (sec. 38–1853.14, 

9 D.C. Official Code) is amended— 

10 (1) in subsection (a), by striking ‘‘and for each 

11 of the 4 succeeding fiscal years’’ and inserting ‘‘and 

12 for each fiscal year through fiscal year 2021’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(c) AVAILABILITY.—Amounts appropriated under 

15 subsection (a)(1), including amounts appropriated and 

16 available under such subsection before the date of enact17 ment of the SOAR Reauthorization Act, shall remain 

18 available until expended.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a)(2) shall take effect on the date of enact21 ment of this title. 

22 SEC. 913. EFFECTIVE DATE. 

23 Except as otherwise provided, the amendments made 

24 by this title shall apply with respect to school year 2017– 

25 2018 and each succeeding school year. 


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1 TITLE X 

2 SEC SMALL BUSINESS ADVOCATE ACT 

3 SEC. 1001. SHORT TITLE. 

4 This title may be cited as the ‘‘SEC Small Business 

5 Advocate Act of 2016’’. 

6 SEC. 1002. ESTABLISHMENT OF OFFICE OF THE ADVOCATE 

7 FOR SMALL BUSINESS CAPITAL FORMATION 

8 AND SMALL BUSINESS CAPITAL FORMATION 

9 ADVISORY COMMITTEE. 

10 (a) OFFICE OF THE ADVOCATE FOR SMALL BUSI11 NESS CAPITAL FORMATION.—Section 4 of the Securities 

12 Exchange Act of 1934 (15 U.S.C. 78d) is amended by 

13 adding at the end the following: 

14 ‘‘(j) OFFICE OF THE ADVOCATE FOR SMALL BUSI15 NESS CAPITAL FORMATION.— 

16 ‘‘(1) OFFICE ESTABLISHED.—There is estab17 lished within the Commission the Office of the Advo18 cate for Small Business Capital Formation (here19 after in this subsection referred to as the ‘Office’). 

20 ‘‘(2) ADVOCATE FOR SMALL BUSINESS CAPITAL

21 FORMATION.— 

22 ‘‘(A) IN GENERAL.—The head of the Of23 fice shall be the Advocate for Small Business 

24 Capital Formation, who shall— 


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1 ‘‘(i) report directly to the Commission; 

2 and 

3 ‘‘(ii) be appointed by the Commission, 

4 from among individuals having experience 

5 in advocating for the interests of small 

6 businesses and encouraging small business 

7 capital formation. 

8 ‘‘(B) COMPENSATION.—The annual rate of 

9 pay for the Advocate for Small Business Cap10 ital Formation shall be equal to the highest rate 

11 of annual pay for other senior executives who 

12 report directly to the Commission. 

13 ‘‘(C) NO CURRENT EMPLOYEE OF THE

14 COMMISSION.—An individual may not be ap15 pointed as the Advocate for Small Business 

16 Capital Formation if the individual is currently 

17 employed by the Commission. 

18 ‘‘(3) STAFF OF OFFICE.—The Advocate for 

19 Small Business Capital Formation, after consulta20 tion with the Commission, may retain or employ 

21 independent counsel, research staff, and service 

22 staff, as the Advocate for Small Business Capital 

23 Formation determines to be necessary to carry out 

24 the functions of the Office. 


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1 ‘‘(4) FUNCTIONS OF THE ADVOCATE FOR

2 SMALL BUSINESS CAPITAL FORMATION.—The Advo3 cate for Small Business Capital Formation shall— 

4 ‘‘(A) assist small businesses and small 

5 business investors in resolving significant prob6 lems such businesses and investors may have 

7 with the Commission or with self-regulatory or8 ganizations; 

9 ‘‘(B) identify areas in which small busi10 nesses and small business investors would ben11 efit from changes in the regulations of the 

12 Commission or the rules of self-regulatory orga13 nizations; 

14 ‘‘(C) identify problems that small busi15 nesses have with securing access to capital, in16 cluding any unique challenges to minority17 owned and women-owned small businesses; 

18 ‘‘(D) analyze the potential impact on small 

19 businesses and small business investors of— 

20 ‘‘(i) proposed regulations of the Com21 mission that are likely to have a significant 

22 economic impact on small businesses and 

23 small business capital formation; and 

24 ‘‘(ii) proposed rules that are likely to 

25 have a significant economic impact on 


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1 small businesses and small business capital 

2 formation of self-regulatory organizations 

3 registered under this title; 

4 ‘‘(E) conduct outreach to small businesses 

5 and small business investors, including through 

6 regional roundtables, in order to solicit views on 

7 relevant capital formation issues; 

8 ‘‘(F) to the extent practicable, propose to 

9 the Commission changes in the regulations or 

10 orders of the Commission and to Congress any 

11 legislative, administrative, or personnel changes 

12 that may be appropriate to mitigate problems 

13 identified under this paragraph and to promote 

14 the interests of small businesses and small busi15 ness investors; 

16 ‘‘(G) consult with the Investor Advocate on 

17 proposed recommendations made under sub18 paragraph (F); and 

19 ‘‘(H) advise the Investor Advocate on 

20 issues related to small businesses and small 

21 business investors. 

22 ‘‘(5) ACCESS TO DOCUMENTS.—The Commis23 sion shall ensure that the Advocate for Small Busi24 ness Capital Formation has full access to the docu25 ments and information of the Commission and any 


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1 self-regulatory organization, as necessary to carry 

2 out the functions of the Office. 

3 ‘‘(6) ANNUAL REPORT ON ACTIVITIES.— 

4 ‘‘(A) IN GENERAL.—Not later than De5 cember 31 of each year after 2015, the Advo6 cate for Small Business Capital Formation shall 

7 submit to the Committee on Banking, Housing, 

8 and Urban Affairs of the Senate and the Com9 mittee on Financial Services of the House of 

10 Representatives a report on the activities of the 

11 Advocate for Small Business Capital Formation 

12 during the immediately preceding fiscal year. 

13 ‘‘(B) CONTENTS.—Each report required 

14 under subparagraph (A) shall include— 

15 ‘‘(i) appropriate statistical information 

16 and full and substantive analysis; 

17 ‘‘(ii) information on steps that the 

18 Advocate for Small Business Capital For19 mation has taken during the reporting pe20 riod to improve small business services and 

21 the responsiveness of the Commission and 

22 self-regulatory organizations to small busi23 ness and small business investor concerns; 

24 ‘‘(iii) a summary of the most serious 

25 issues encountered by small businesses and 


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1 small business investors, including any 

2 unique issues encountered by minority3 owned and women-owned small businesses 

4 and their investors, during the reporting 

5 period; 

6 ‘‘(iv) an inventory of the items sum7 marized under clause (iii) (including items 

8 summarized under such clause for any 

9 prior reporting period on which no action 

10 has been taken or that have not been re11 solved to the satisfaction of the Advocate 

12 for Small Business Capital Formation as 

13 of the beginning of the reporting period 

14 covered by the report) that includes— 

15 ‘‘(I) identification of any action 

16 taken by the Commission or the self17 regulatory organization and the result 

18 of such action; 

19 ‘‘(II) the length of time that each 

20 item has remained on such inventory; 

21 and 

22 ‘‘(III) for items on which no ac23 tion has been taken, the reasons for 

24 inaction, and an identification of any 


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1 official who is responsible for such ac2 tion; 

3 ‘‘(v) recommendations for such 

4 changes to the regulations, guidance and 

5 orders of the Commission and such legisla6 tive actions as may be appropriate to re7 solve problems with the Commission and 

8 self-regulatory organizations encountered 

9 by small businesses and small business in10 vestors and to encourage small business 

11 capital formation; and 

12 ‘‘(vi) any other information, as deter13 mined appropriate by the Advocate for 

14 Small Business Capital Formation. 

15 ‘‘(C) CONFIDENTIALITY.—No report re16 quired by subparagraph (A) may contain con17 fidential information. 

18 ‘‘(D) INDEPENDENCE.—Each report re19 quired under subparagraph (A) shall be pro20 vided directly to the committees of Congress 

21 listed in such subparagraph without any prior 

22 review or comment from the Commission, any 

23 commissioner, any other officer or employee of 

24 the Commission, or the Office of Management 

25 and Budget. 


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1 ‘‘(7) REGULATIONS.—The Commission shall es2 tablish procedures requiring a formal response to all 

3 recommendations submitted to the Commission by 

4 the Advocate for Small Business Capital Formation, 

5 not later than 3 months after the date of such sub6 mission. 

7 ‘‘(8) GOVERNMENT-BUSINESS FORUM ON SMALL

8 BUSINESS CAPITAL FORMATION.—The Advocate for 

9 Small Business Capital Formation shall be respon10 sible for planning, organizing, and executing the an11 nual Government-Business Forum on Small Busi12 ness Capital Formation described in section 503 of 

13 the Small Business Investment Incentive Act of 

14 1980 (15 U.S.C. 80c–1). 

15 ‘‘(9) RULE OF CONSTRUCTION.—Nothing in 

16 this subsection may be construed as replacing or re17 ducing the responsibilities of the Investor Advocate 

18 with respect to small business investors.’’. 

19 (b) SMALL BUSINESS CAPITAL FORMATION ADVI20 SORY COMMITTEE.—Title I of the Securities Exchange 

21 Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding 

22 at the end the following: 

23 ‘‘SEC. 40. SMALL BUSINESS CAPITAL FORMATION ADVISORY 

24 COMMITTEE. 

25 ‘‘(a) ESTABLISHMENT AND PURPOSE.— 


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1 ‘‘(1) ESTABLISHMENT.—There is established 

2 within the Commission the Small Business Capital 

3 Formation Advisory Committee (hereafter in this 

4 section referred to as the ‘Committee’). 

5 ‘‘(2) FUNCTIONS.— 

6 ‘‘(A) IN GENERAL.—The Committee shall 

7 provide the Commission with advice on the 

8 Commission’s rules, regulations, and policies 

9 with regard to the Commission’s mission of pro10 tecting investors, maintaining fair, orderly, and 

11 efficient markets, and facilitating capital forma12 tion, as such rules, regulations, and policies re13 late to— 

14 ‘‘(i) capital raising by emerging, pri15 vately held small businesses (‘emerging 

16 companies’) and publicly traded companies 

17 with less than $250,000,000 in public mar18 ket capitalization (‘smaller public compa19 nies’) through securities offerings, includ20 ing private and limited offerings and initial 

21 and other public offerings; 

22 ‘‘(ii) trading in the securities of 

23 emerging companies and smaller public 

24 companies; and 


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1 ‘‘(iii) public reporting and corporate 

2 governance requirements of emerging com3 panies and smaller public companies. 

4 ‘‘(B) LIMITATION.—The Committee shall 

5 not provide any advice with respect to any poli6 cies, practices, actions, or decisions concerning 

7 the Commission’s enforcement program. 

8 ‘‘(b) MEMBERSHIP.— 

9 ‘‘(1) IN GENERAL.—The members of the Com10 mittee shall be— 

11 ‘‘(A) the Advocate for Small Business Cap12 ital Formation; 

13 ‘‘(B) not fewer than 10, and not more than 

14 20, members appointed by the Commission, 

15 from among individuals— 

16 ‘‘(i) who represent— 

17 ‘‘(I) emerging companies engag18 ing in private and limited securities 

19 offerings or considering initial public 

20 offerings (‘IPO’) (including the com21 panies’ officers and directors); 

22 ‘‘(II) the professional advisors of 

23 such companies (including attorneys, 

24 accountants, investment bankers, and 

25 financial advisors); and 


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1 ‘‘(III) the investors in such com2 panies (including angel investors, ven3 ture capital funds, and family offices); 

4 ‘‘(ii) who are officers or directors of 

5 minority-owned small businesses or 

6 women-owned small businesses; 

7 ‘‘(iii) who represent— 

8 ‘‘(I) smaller public companies 

9 (including the companies’ officers and 

10 directors); 

11 ‘‘(II) the professional advisors of 

12 such companies (including attorneys, 

13 auditors, underwriters, and financial 

14 advisors); and 

15 ‘‘(III) the pre-IPO and post-IPO 

16 investors in such companies (both in17 stitutional, such as venture capital 

18 funds, and individual, such as angel 

19 investors); and 

20 ‘‘(iv) who represent participants in the 

21 marketplace for the securities of emerging 

22 companies and smaller public companies, 

23 such as securities exchanges, alternative 

24 trading systems, analysts, information 

25 processors, and transfer agents; and 


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1 ‘‘(C) three non-voting members— 

2 ‘‘(i) one of whom shall be appointed 

3 by the Investor Advocate; 

4 ‘‘(ii) one of whom shall be appointed 

5 by the North American Securities Adminis6 trators Association; and 

7 ‘‘(iii) one of whom shall be appointed 

8 by the Administrator of the Small Busi9 ness Administration. 

10 ‘‘(2) TERM.—Each member of the Committee 

11 appointed under subparagraph (B), (C)(ii), or 

12 (C)(iii) of paragraph (1) shall serve for a term of 4 

13 years. 

14 ‘‘(3) MEMBERS NOT COMMISSION EMPLOY15 EES.—Members appointed under subparagraph (B), 

16 (C)(ii), or (C)(iii) of paragraph (1) shall not be 

17 treated as employees or agents of the Commission 

18 solely because of membership on the Committee. 

19 ‘‘(c) CHAIRMAN; VICE CHAIRMAN; SECRETARY; AS20 SISTANT SECRETARY.— 

21 ‘‘(1) IN GENERAL.—The members of the Com22 mittee shall elect, from among the members of the 

23 Committee— 

24 ‘‘(A) a chairman; 

25 ‘‘(B) a vice chairman; 


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1 ‘‘(C) a secretary; and 

2 ‘‘(D) an assistant secretary. 

3 ‘‘(2) TERM.—Each member elected under para4 graph (1) shall serve for a term of 3 years in the 

5 capacity for which the member was elected under 

6 paragraph (1). 

7 ‘‘(d) MEETINGS.— 

8 ‘‘(1) FREQUENCY OF MEETINGS.—The Com9 mittee shall meet— 

10 ‘‘(A) not less frequently than four times 

11 annually, at the call of the chairman of the 

12 Committee; and 

13 ‘‘(B) from time to time, at the call of the 

14 Commission. 

15 ‘‘(2) NOTICE.—The chairman of the Committee 

16 shall give the members of the Committee written no17 tice of each meeting, not later than 2 weeks before 

18 the date of the meeting. 

19 ‘‘(e) COMPENSATION AND TRAVEL EXPENSES.— 

20 Each member of the Committee who is not a full-time em21 ployee of the United States shall— 

22 ‘‘(1) be entitled to receive compensation at a 

23 rate not to exceed the daily equivalent of the annual 

24 rate of basic pay in effect for a position at level V 

25 of the Executive Schedule under section 5316 of title 


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1 5, United States Code, for each day during which 

2 the member is engaged in the actual performance of 

3 the duties of the Committee; and 

4 ‘‘(2) while away from the home or regular place 

5 of business of the member in the performance of 

6 services for the Committee, be allowed travel ex7 penses, including per diem in lieu of subsistence, in 

8 the same manner as persons employed intermittently 

9 in the Government service are allowed expenses 

10 under section 5703 of title 5, United States Code. 

11 ‘‘(f) STAFF.—The Commission shall make available 

12 to the Committee such staff as the chairman of the Com13 mittee determines are necessary to carry out this section. 

14 ‘‘(g) REVIEW BY COMMISSION.—The Commission 

15 shall— 

16 ‘‘(1) review the findings and recommendations 

17 of the Committee; and 

18 ‘‘(2) each time the Committee submits a finding 

19 or recommendation to the Commission, promptly 

20 issue a public statement— 

21 ‘‘(A) assessing the finding or recommenda22 tion of the Committee; and 

23 ‘‘(B) disclosing the action, if any, the Com24 mission intends to take with respect to the find25 ing or recommendation. 


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1 ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—The 

2 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

3 apply with respect to the Committee and its activities.’’. 

4 (c) ANNUAL GOVERNMENT-BUSINESS FORUM ON

5 SMALL BUSINESS CAPITAL FORMATION.—Section 503(a) 

6 of the Small Business Investment Incentive Act of 1980 

7 (15 U.S.C. 80c–1(a)) is amended by inserting ‘‘(acting 

8 through the Office of the Advocate for Small Business 

9 Capital Formation and in consultation with the Small 

10 Business Capital Formation Advisory Committee)’’ after 

11 ‘‘Securities and Exchange Commission’’. 

12 TITLE XI 

13 FINANCIAL INSTITUTION BANKRUPTCY ACT 

14 SEC. 1101. SHORT TITLE. 

15 This title may be cited as the ‘‘Financial Institution 

16 Bankruptcy Act of 2016’’. 

17 SEC. 1102. GENERAL PROVISIONS RELATING TO COVERED 

18 FINANCIAL CORPORATIONS. 

19 (a) DEFINITION.—Section 101 of title 11, United 

20 States Code, is amended by inserting the following after 

21 paragraph (9): 

22 ‘‘(9A) The term ‘covered financial corporation’ 

23 means any corporation incorporated or organized 

24 under any Federal or State law, other than a stock25 broker, a commodity broker, or an entity of the kind 


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1 specified in paragraph (2) or (3) of section 109(b), 

2 that is— 

3 ‘‘(A) a bank holding company, as defined 

4 in section 2(a) of the Bank Holding Company 

5 Act of 1956; or 

6 ‘‘(B) a corporation that exists for the pri7 mary purpose of owning, controlling and financ8 ing its subsidiaries, that has total consolidated 

9 assets of $50,000,000,000 or greater, and for 

10 which, in its most recently completed fiscal 

11 year— 

12 ‘‘(i) annual gross revenues derived by 

13 the corporation and all of its subsidiaries 

14 from activities that are financial in nature 

15 (as defined in section 4(k) of the Bank 

16 Holding Company Act of 1956) and, if ap17 plicable, from the ownership or control of 

18 one or more insured depository institu19 tions, represents 85 percent or more of the 

20 consolidated annual gross revenues of the 

21 corporation; or 

22 ‘‘(ii) the consolidated assets of the 

23 corporation and all of its subsidiaries re24 lated to activities that are financial in na25 ture (as defined in section 4(k) of the 


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1 Bank Holding Company Act of 1956) and, 

2 if applicable, related to the ownership or 

3 control of one or more insured depository 

4 institutions, represents 85 percent or more 

5 of the consolidated assets of the corpora6 tion.’’. 

7 (b) APPLICABILITY OF CHAPTERS.—Section 103 of 

8 title 11, United States Code, is amended by adding at the 

9 end the following: 

10 ‘‘(l) Subchapter V of chapter 11 of this title applies 

11 only in a case under chapter 11 concerning a covered fi12 nancial corporation.’’. 

13 (c) WHO MAY BE A DEBTOR.—Section 109 of title 

14 11, United States Code, is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (2), by striking ‘‘or’’ at 

17 the end; 

18 (B) in paragraph (3)(B), by striking the 

19 period at the end and inserting ‘‘; or’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(4) a covered financial corporation.’’; and 

22 (2) in subsection (d)— 

23 (A) by striking ‘‘and’’ before ‘‘an unin24 sured State member bank’’; 


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1 (B) by striking ‘‘or’’ before ‘‘a corpora2 tion’’; and 

3 (C) by inserting ‘‘, or a covered financial 

4 corporation’’ after ‘‘Federal Deposit Insurance 

5 Corporation Improvement Act of 1991’’. 

6 (d) CONVERSION TO CHAPTER 7.—Section 1112 of 

7 title 11, United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘(g) Notwithstanding section 109(b), the court may 

10 convert a case under subchapter V to a case under chapter 

11 7 if— 

12 ‘‘(1) a transfer approved under section 1185 

13 has been consummated; 

14 ‘‘(2) the court has ordered the appointment of 

15 a special trustee under section 1186; and 

16 ‘‘(3) the court finds, after notice and a hearing, 

17 that conversion is in the best interest of the credi18 tors and the estate.’’. 

19 (e)(1) Section 726(a)(1) of title 11, United States 

20 Code, is amended by inserting after ‘‘first,’’ the following: 

21 ‘‘in payment of any unpaid fees, costs, and expenses of 

22 a special trustee appointed under section 1186, and then’’. 

23 (2) Section 1129(a) of title 11, United States Code, 

24 is amended by inserting after paragraph (16) the fol25 lowing: 


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1 ‘‘(17) In a case under subchapter V, all payable 

2 fees, costs, and expenses of the special trustee have 

3 been paid or the plan provides for the payment of 

4 all such fees, costs, and expenses on the effective 

5 date of the plan. 

6 ‘‘(18) In a case under subchapter V, confirma7 tion of the plan is not likely to cause serious adverse 

8 effects on financial stability in the United States.’’. 

9 (f) Section 322(b)(2) of title 11, United States Code, 

10 is amended by striking ‘‘The’’ and inserting ‘‘In cases 

11 under subchapter V, the United States trustee shall rec12 ommend to the court, and in all other cases, the’’. 

13 SEC. 1103. LIQUIDATION, REORGANIZATION, OR RECAPI14 TALIZATION OF A COVERED FINANCIAL COR15 PORATION. 

16 (a) IN GENERAL.—Chapter 11 of title 11, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘SUBCHAPTER V—LIQUIDATION, REORGANIZA20 TION, OR RECAPITALIZATION OF A COV21 ERED FINANCIAL CORPORATION 

22 ‘‘§ 1181. Inapplicability of other sections 

23 ‘‘Sections 303 and 321(c) do not apply in a case 

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1 poration. Section 365 does not apply to a transfer under 

2 section 1185, 1187, or 1188. 

3 ‘‘§ 1182. Definitions for this subchapter 

4 ‘‘In this subchapter, the following definitions shall 

5 apply: 

6 ‘‘(1) The term ‘Board’ means the Board of 

7 Governors of the Federal Reserve System. 

8 ‘‘(2) The term ‘bridge company’ means a newly 

9 formed corporation to which property of the estate 

10 may be transferred under section 1185(a) and the 

11 equity securities of which may be transferred to a 

12 special trustee under section 1186(a). 

13 ‘‘(3) The term ‘capital structure debt’ means all 

14 unsecured debt of the debtor for borrowed money for 

15 which the debtor is the primary obligor, other than 

16 a qualified financial contract and other than debt se17 cured by a lien on property of the estate that is to 

18 be transferred to a bridge company pursuant to an 

19 order of the court under section 1185(a). 

20 ‘‘(4) The term ‘contractual right’ means a con21 tractual right of a kind defined in section 555, 556, 

22 559, 560, or 561. 

23 ‘‘(5) The term ‘qualified financial contract’ 

24 means any contract of a kind defined in paragraph 

25 (25), (38A), (47), or (53B) of section 101, section 


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1 741(7), or paragraph (4), (5), (11), or (13) of sec2 tion 761. 

3 ‘‘(6) The term ‘special trustee’ means the trust4 ee of a trust formed under section 1186(a)(1). 

5 ‘‘§ 1183. Commencement of a case concerning a cov6 ered financial corporation 

7 ‘‘(a) A case under this subchapter concerning a cov8 ered financial corporation may be commenced by the filing 

9 of a petition with the court by the debtor under section 

10 301 only if the debtor states to the best of its knowledge 

11 under penalty of perjury in the petition that it is a covered 

12 financial corporation. 

13 ‘‘(b) The commencement of a case under subsection 

14 (a) constitutes an order for relief under this subchapter. 

15 ‘‘(c) The members of the board of directors (or body 

16 performing similar functions) of a covered financial com17 pany shall have no liability to shareholders, creditors, or 

18 other parties in interest for a good faith filing of a petition 

19 to commence a case under this subchapter, or for any rea20 sonable action taken in good faith in contemplation of or 

21 in connection with such a petition or a transfer under sec22 tion 1185 or section 1186, whether prior to or after com23 mencement of the case. 

24 ‘‘(d) Counsel to the debtor shall provide, to the great25 est extent practicable without disclosing the identity of the 


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1 potential debtor, sufficient confidential notice to the chief 

2 judge of the court of appeals for the circuit embracing the 

3 district in which such counsel intends to file a petition to 

4 commence a case under this subchapter regarding the po5 tential commencement of such case. The chief judge of 

6 such court shall randomly assign to preside over such case 

7 a bankruptcy judge selected from among the bankruptcy 

8 judges designated by the Chief Justice of the United 

9 States under section 298 of title 28. 

10 ‘‘§ 1184. Regulators 

11 ‘‘The Board, the Securities Exchange Commission, 

12 the Office of the Comptroller of the Currency of the De13 partment of the Treasury, the Commodity Futures Trad14 ing Commission, and the Federal Deposit Insurance Cor15 poration may raise and may appear and be heard on any 

16 issue in any case or proceeding under this subchapter. 

17 ‘‘§ 1185. Special transfer of property of the estate 

18 ‘‘(a) On request of the trustee, and after notice and 

19 a hearing that shall occur not less than 24 hours after 

20 the order for relief, the court may order a transfer under 

21 this section of property of the estate, and the assignment 

22 of executory contracts, unexpired leases, and qualified fi23 nancial contracts of the debtor, to a bridge company. 

24 Upon the entry of an order approving such transfer, any 

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1 pired leases, and qualified financial contracts assigned 

2 under such order shall no longer be property of the estate. 

3 Except as provided under this section, the provisions of 

4 section 363 shall apply to a transfer and assignment under 

5 this section. 

6 ‘‘(b) Unless the court orders otherwise, notice of a 

7 request for an order under subsection (a) shall consist of 

8 electronic or telephonic notice of not less than 24 hours 

9 to— 

10 ‘‘(1) the debtor; 

11 ‘‘(2) the holders of the 20 largest secured 

12 claims against the debtor; 

13 ‘‘(3) the holders of the 20 largest unsecured 

14 claims against the debtor; 

15 ‘‘(4) counterparties to any debt, executory con16 tract, unexpired lease, and qualified financial con17 tract requested to be transferred under this section; 

18 ‘‘(5) the Board; 

19 ‘‘(6) the Federal Deposit Insurance Corpora20 tion; 

21 ‘‘(7) the Secretary of the Treasury and the Of22 fice of the Comptroller of the Currency of the Treas23 ury; 

24 ‘‘(8) the Commodity Futures Trading Commis25 sion; 


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1 ‘‘(9) the Securities and Exchange Commission; 

2 ‘‘(10) the United States trustee or bankruptcy 

3 administrator; and 

4 ‘‘(11) each primary financial regulatory agency, 

5 as defined in section 2(12) of the Dodd-Frank Wall 

6 Street Reform and Consumer Protection Act, with 

7 respect to any affiliate the equity securities of which 

8 are proposed to be transferred under this section. 

9 ‘‘(c) The court may not order a transfer under this 

10 section unless the court determines, based upon a prepon11 derance of the evidence, that— 

12 ‘‘(1) the transfer under this section is necessary 

13 to prevent serious adverse effects on financial sta14 bility in the United States; 

15 ‘‘(2) the transfer does not provide for the as16 sumption of any capital structure debt by the bridge 

17 company; 

18 ‘‘(3) the transfer does not provide for the trans19 fer to the bridge company of any property of the es20 tate that is subject to a lien securing a debt, execu21 tory contract, unexpired lease or agreement (includ22 ing a qualified financial contract) of the debtor un23 less— 

24 ‘‘(A)(i) the bridge company assumes such 

25 debt, executory contract, unexpired lease or 


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1 agreement (including a qualified financial con2 tract), including any claims arising in respect 

3 thereof that would not be allowed secured 

4 claims under section 506(a)(1) and after giving 

5 effect to such transfer, such property remains 

6 subject to the lien securing such debt, executory 

7 contract, unexpired lease or agreement (includ8 ing a qualified financial contract); and 

9 ‘‘(ii) the court has determined that as10 sumption of such debt, executory contract, un11 expired lease or agreement (including a quali12 fied financial contract) by the bridge company 

13 is in the best interests of the estate; or 

14 ‘‘(B) such property is being transferred to 

15 the bridge company in accordance with the pro16 visions of section 363; 

17 ‘‘(4) the transfer does not provide for the as18 sumption by the bridge company of any debt, execu19 tory contract, unexpired lease or agreement (includ20 ing a qualified financial contract) of the debtor se21 cured by a lien on property of the estate unless the 

22 transfer provides for such property to be transferred 

23 to the bridge company in accordance with paragraph 

24 (3)(A) of this subsection; 


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1 ‘‘(5) the transfer does not provide for the trans2 fer of the equity of the debtor; 

3 ‘‘(6) the trustee has demonstrated that the 

4 bridge company is not likely to fail to meet the obli5 gations of any debt, executory contract, qualified fi6 nancial contract, or unexpired lease assumed and as7 signed to the bridge company; 

8 ‘‘(7) the transfer provides for the transfer to a 

9 special trustee all of the equity securities in the 

10 bridge company and appointment of a special trustee 

11 in accordance with section 1186; 

12 ‘‘(8) after giving effect to the transfer, ade13 quate provision has been made for the fees, costs, 

14 and expenses of the estate and special trustee; and 

15 ‘‘(9) the bridge company will have governing 

16 documents, and initial directors and senior officers, 

17 that are in the best interest of creditors and the es18 tate. 

19 ‘‘(d) Immediately before a transfer under this section, 

20 the bridge company that is the recipient of the transfer 

21 shall— 

22 ‘‘(1) not have any property, executory con23 tracts, unexpired leases, qualified financial contracts, 

24 or debts, other than any property acquired or execu25 tory contracts, unexpired leases, or debts assumed 


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1 when acting as a transferee of a transfer under this 

2 section; and 

3 ‘‘(2) have equity securities that are property of 

4 the estate, which may be sold or distributed in ac5 cordance with this title. 

6 ‘‘§ 1186. Special trustee 

7 ‘‘(a)(1) An order approving a transfer under section 

8 1185 shall require the trustee to transfer to a qualified 

9 and independent special trustee, who is appointed by the 

10 court, all of the equity securities in the bridge company 

11 that is the recipient of a transfer under section 1185 to 

12 hold in trust for the sole benefit of the estate, subject to 

13 satisfaction of the special trustee’s fees, costs, and ex14 penses. The trust of which the special trustee is the trust15 ee shall be a newly formed trust governed by a trust agree16 ment approved by the court as in the best interests of the 

17 estate, and shall exist for the sole purpose of holding and 

18 administering, and shall be permitted to dispose of, the 

19 equity securities of the bridge company in accordance with 

20 the trust agreement. 

21 ‘‘(2) In connection with the hearing to approve a 

22 transfer under section 1185, the trustee shall confirm to 

23 the court that the Board has been consulted regarding the 

24 identity of the proposed special trustee and advise the 

25 court of the results of such consultation. 


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1 ‘‘(b) The trust agreement governing the trust shall 

2 provide— 

3 ‘‘(1) for the payment of the fees, costs, ex4 penses, and indemnities of the special trustee from 

5 the assets of the debtor’s estate; 

6 ‘‘(2) that the special trustee provide— 

7 ‘‘(A) quarterly reporting to the estate, 

8 which shall be filed with the court; and 

9 ‘‘(B) information about the bridge com10 pany reasonably requested by a party in inter11 est to prepare a disclosure statement for a plan 

12 providing for distribution of any securities of 

13 the bridge company if such information is nec14 essary to prepare such disclosure statement; 

15 ‘‘(3) that for as long as the equity securities of 

16 the bridge company are held by the trust, the special 

17 trustee shall file a notice with the court in connec18 tion with— 

19 ‘‘(A) any change in a director or senior of20 ficer of the bridge company; 

21 ‘‘(B) any modification to the governing 

22 documents of the bridge company; and 

23 ‘‘(C) any material corporate action of the 

24 bridge company, including— 

25 ‘‘(i) recapitalization; 


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1 ‘‘(ii) a material borrowing; 

2 ‘‘(iii) termination of an intercompany 

3 debt or guarantee; 

4 ‘‘(iv) a transfer of a substantial por5 tion of the assets of the bridge company; 

6 or 

7 ‘‘(v) the issuance or sale of any secu8 rities of the bridge company; 

9 ‘‘(4) that any sale of any equity securities of 

10 the bridge company shall not be consummated until 

11 the special trustee consults with the Federal Deposit 

12 Insurance Corporation and the Board regarding 

13 such sale and discloses the results of such consulta14 tion with the court; 

15 ‘‘(5) that, subject to reserves for payments per16 mitted under paragraph (1) provided for in the trust 

17 agreement, the proceeds of the sale of any equity se18 curities of the bridge company by the special trustee 

19 be held in trust for the benefit of or transferred to 

20 the estate; 

21 ‘‘(6) the process and guidelines for the replace22 ment of the special trustee; and 

23 ‘‘(7) that the property held in trust by the spe24 cial trustee is subject to distribution in accordance 

25 with subsection (c). 


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1 ‘‘(c)(1) The special trustee shall distribute the assets 

2 held in trust— 

3 ‘‘(A) if the court confirms a plan in the case, 

4 in accordance with the plan on the effective date of 

5 the plan; or 

6 ‘‘(B) if the case is converted to a case under 

7 chapter 7, as ordered by the court. 

8 ‘‘(2) As soon as practicable after a final distribution 

9 under paragraph (1), the office of the special trustee shall 

10 terminate, except as may be necessary to wind up and con11 clude the business and financial affairs of the trust. 

12 ‘‘(d) After a transfer to the special trustee under this 

13 section, the special trustee shall be subject only to applica14 ble nonbankruptcy law, and the actions and conduct of 

15 the special trustee shall no longer be subject to approval 

16 by the court in the case under this subchapter. 

17 ‘‘§ 1187. Temporary and supplemental automatic stay; 

18 assumed debt 

19 ‘‘(a)(1) A petition filed under section 1183 operates 

20 as a stay, applicable to all entities, of the termination, ac21 celeration, or modification of any debt, contract, lease, or 

22 agreement of the kind described in paragraph (2), or of 

23 any right or obligation under any such debt, contract, 

24 lease, or agreement, solely because of— 


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1 ‘‘(A) a default by the debtor under any such 

2 debt, contract, lease, or agreement; or 

3 ‘‘(B) a provision in such debt, contract, lease, 

4 or agreement, or in applicable nonbankruptcy law, 

5 that is conditioned on— 

6 ‘‘(i) the insolvency or financial condition of 

7 the debtor at any time before the closing of the 

8 case; 

9 ‘‘(ii) the commencement of a case under 

10 this title concerning the debtor; 

11 ‘‘(iii) the appointment of or taking posses12 sion by a trustee in a case under this title con13 cerning the debtor or by a custodian before the 

14 commencement of the case; or 

15 ‘‘(iv) a credit rating agency rating, or ab16 sence or withdrawal of a credit rating agency 

17 rating— 

18 ‘‘(I) of the debtor at any time after 

19 the commencement of the case; 

20 ‘‘(II) of an affiliate during the period 

21 from the commencement of the case until 

22 48 hours after such order is entered; 

23 ‘‘(III) of the bridge company while the 

24 trustee or the special trustee is a direct or 


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1 indirect beneficial holder of more than 50 

2 percent of the equity securities of— 

3 ‘‘(aa) the bridge company; or 

4 ‘‘(bb) the affiliate, if all of the di5 rect or indirect interests in the affil6 iate that are property of the estate 

7 are transferred under section 1185; or 

8 ‘‘(IV) of an affiliate while the trustee 

9 or the special trustee is a direct or indirect 

10 beneficial holder of more than 50 percent 

11 of the equity securities of— 

12 ‘‘(aa) the bridge company; or 

13 ‘‘(bb) the affiliate, if all of the di14 rect or indirect interests in the affil15 iate that are property of the estate 

16 are transferred under section 1185. 

17 ‘‘(2) A debt, contract, lease, or agreement described 

18 in this paragraph is— 

19 ‘‘(A) any debt (other than capital structure 

20 debt), executory contract, or unexpired lease of the 

21 debtor (other than a qualified financial contract); 

22 ‘‘(B) any agreement under which the debtor 

23 issued or is obligated for debt (other than capital 

24 structure debt); 


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1 ‘‘(C) any debt, executory contract, or unexpired 

2 lease of an affiliate (other than a qualified financial 

3 contract); or 

4 ‘‘(D) any agreement under which an affiliate 

5 issued or is obligated for debt. 

6 ‘‘(3) The stay under this subsection terminates— 

7 ‘‘(A) for the benefit of the debtor, upon the ear8 liest of— 

9 ‘‘(i) 48 hours after the commencement of 

10 the case; 

11 ‘‘(ii) assumption of the debt, contract, 

12 lease, or agreement by the bridge company 

13 under an order authorizing a transfer under 

14 section 1185; 

15 ‘‘(iii) a final order of the court denying the 

16 request for a transfer under section 1185; or 

17 ‘‘(iv) the time the case is dismissed; and 

18 ‘‘(B) for the benefit of an affiliate, upon the 

19 earliest of— 

20 ‘‘(i) the entry of an order authorizing a 

21 transfer under section 1185 in which the direct 

22 or indirect interests in the affiliate that are 

23 property of the estate are not transferred under 

24 section 1185; 


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1 ‘‘(ii) a final order by the court denying the 

2 request for a transfer under section 1185; 

3 ‘‘(iii) 48 hours after the commencement of 

4 the case if the court has not ordered a transfer 

5 under section 1185; or 

6 ‘‘(iv) the time the case is dismissed. 

7 ‘‘(4) Subsections (d), (e), (f), and (g) of section 362 

8 apply to a stay under this subsection. 

9 ‘‘(b) A debt, executory contract (other than a quali10 fied financial contract), or unexpired lease of the debtor, 

11 or an agreement under which the debtor has issued or is 

12 obligated for any debt, may be assumed by a bridge com13 pany in a transfer under section 1185 notwithstanding 

14 any provision in an agreement or in applicable nonbank15 ruptcy law that— 

16 ‘‘(1) prohibits, restricts, or conditions the as17 signment of the debt, contract, lease, or agreement; 

18 or 

19 ‘‘(2) accelerates, terminates, or modifies, or 

20 permits a party other than the debtor to terminate 

21 or modify, the debt, contract, lease, or agreement on 

22 account of— 

23 ‘‘(A) the assignment of the debt, contract, 

24 lease, or agreement; or 


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1 ‘‘(B) a change in control of any party to 

2 the debt, contract, lease, or agreement. 

3 ‘‘(c)(1) A debt, contract, lease, or agreement of the 

4 kind described in subparagraph (A) or (B) of subsection 

5 (a)(2) may not be accelerated, terminated, or modified, 

6 and any right or obligation under such debt, contract, 

7 lease, or agreement may not be accelerated, terminated, 

8 or modified, as to the bridge company solely because of 

9 a provision in the debt, contract, lease, or agreement or 

10 in applicable nonbankruptcy law— 

11 ‘‘(A) of the kind described in subsection 

12 (a)(1)(B) as applied to the debtor; 

13 ‘‘(B) that prohibits, restricts, or conditions the 

14 assignment of the debt, contract, lease, or agree15 ment; or 

16 ‘‘(C) that accelerates, terminates, or modifies, 

17 or permits a party other than the debtor to termi18 nate or modify, the debt, contract, lease or agree19 ment on account of— 

20 ‘‘(i) the assignment of the debt, contract, 

21 lease, or agreement; or 

22 ‘‘(ii) a change in control of any party to 

23 the debt, contract, lease, or agreement. 

24 ‘‘(2) If there is a default by the debtor under a provi25 sion other than the kind described in paragraph (1) in 


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1 a debt, contract, lease or agreement of the kind described 

2 in subparagraph (A) or (B) of subsection (a)(2), the 

3 bridge company may assume such debt, contract, lease, 

4 or agreement only if the bridge company— 

5 ‘‘(A) shall cure the default; 

6 ‘‘(B) compensates, or provides adequate assur7 ance in connection with a transfer under section 

8 1185 that the bridge company will promptly com9 pensate, a party other than the debtor to the debt, 

10 contract, lease, or agreement, for any actual pecu11 niary loss to the party resulting from the default; 

12 and 

13 ‘‘(C) provides adequate assurance in connection 

14 with a transfer under section 1185 of future per15 formance under the debt, contract, lease, or agree16 ment, as determined by the court under section 

17 1185(c)(4). 

18 ‘‘§ 1188. Treatment of qualified financial contracts 

19 and affiliate contracts 

20 ‘‘(a) Notwithstanding sections 362(b)(6), 362(b)(7), 

21 362(b)(17), 362(b)(27), 362(o), 555, 556, 559, 560, and 

22 561, a petition filed under section 1183 operates as a stay, 

23 during the period specified in section 1187(a)(3)(A), ap24 plicable to all entities, of the exercise of a contractual 

25 right— 


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1 ‘‘(1) to cause the modification, liquidation, ter2 mination, or acceleration of a qualified financial con3 tract of the debtor or an affiliate; 

4 ‘‘(2) to offset or net out any termination value, 

5 payment amount, or other transfer obligation arising 

6 under or in connection with a qualified financial con7 tract of the debtor or an affiliate; or 

8 ‘‘(3) under any security agreement or arrange9 ment or other credit enhancement forming a part of 

10 or related to a qualified financial contract of the 

11 debtor or an affiliate. 

12 ‘‘(b)(1) During the period specified in section 

13 1187(a)(3)(A), the trustee or the affiliate shall perform 

14 all payment and delivery obligations under such qualified 

15 financial contract of the debtor or the affiliate, as the case 

16 may be, that become due after the commencement of the 

17 case. The stay provided under subsection (a) terminates 

18 as to a qualified financial contract of the debtor or an 

19 affiliate immediately upon the failure of the trustee or the 

20 affiliate, as the case may be, to perform any such obliga21 tion during such period. 

22 ‘‘(2) Any failure by a counterparty to any qualified 

23 financial contract of the debtor or any affiliate to perform 

24 any payment or delivery obligation under such qualified 

25 financial contract, including during the pendency of the 


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1 stay provided under subsection (a), shall constitute a 

2 breach of such qualified financial contract by the 

3 counterparty. 

4 ‘‘(c) Subject to the court’s approval, a qualified finan5 cial contract between an entity and the debtor may be as6 signed to or assumed by the bridge company in a transfer 

7 under, and in accordance with, section 1185 if and only 

8 if— 

9 ‘‘(1) all qualified financial contracts between 

10 the entity and the debtor are assigned to and as11 sumed by the bridge company in the transfer under 

12 section 1185; 

13 ‘‘(2) all claims of the entity against the debtor 

14 in respect of any qualified financial contract between 

15 the entity and the debtor (other than any claim that, 

16 under the terms of the qualified financial contract, 

17 is subordinated to the claims of general unsecured 

18 creditors) are assigned to and assumed by the bridge 

19 company; 

20 ‘‘(3) all claims of the debtor against the entity 

21 under any qualified financial contract between the 

22 entity and the debtor are assigned to and assumed 

23 by the bridge company; and 

24 ‘‘(4) all property securing or any other credit 

25 enhancement furnished by the debtor for any qualiVerDate Sep 11 2014 00:37 Jun 16, 2016 Jkt 059200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\H5485.RH H5485

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1 fied financial contract described in paragraph (1) or 

2 any claim described in paragraph (2) or (3) under 

3 any qualified financial contract between the entity 

4 and the debtor is assigned to and assumed by the 

5 bridge company. 

6 ‘‘(d) Notwithstanding any provision of a qualified fi7 nancial contract or of applicable nonbankruptcy law, a 

8 qualified financial contract of the debtor that is assumed 

9 or assigned in a transfer under section 1185 may not be 

10 accelerated, terminated, or modified, after the entry of the 

11 order approving a transfer under section 1185, and any 

12 right or obligation under the qualified financial contract 

13 may not be accelerated, terminated, or modified, after the 

14 entry of the order approving a transfer under section 1185 

15 solely because of a condition described in section 

16 1187(c)(1), other than a condition of the kind specified 

17 in section 1187(b) that occurs after property of the estate 

18 no longer includes a direct beneficial interest or an indi19 rect beneficial interest through the special trustee, in more 

20 than 50 percent of the equity securities of the bridge com21 pany. 

22 ‘‘(e) Notwithstanding any provision of any agreement 

23 or in applicable nonbankruptcy law, an agreement of an 

24 affiliate (including an executory contract, an unexpired 

25 lease, qualified financial contract, or an agreement under 


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1 which the affiliate issued or is obligated for debt) and any 

2 right or obligation under such agreement may not be ac3 celerated, terminated, or modified, solely because of a con4 dition described in section 1187(c)(1), other than a condi5 tion of the kind specified in section 1187(b) that occurs 

6 after the bridge company is no longer a direct or indirect 

7 beneficial holder of more than 50 percent of the equity 

8 securities of the affiliate, at any time after the commence9 ment of the case if— 

10 ‘‘(1) all direct or indirect interests in the affil11 iate that are property of the estate are transferred 

12 under section 1185 to the bridge company within the 

13 period specified in subsection (a); 

14 ‘‘(2) the bridge company assumes— 

15 ‘‘(A) any guarantee or other credit en16 hancement issued by the debtor relating to the 

17 agreement of the affiliate; and 

18 ‘‘(B) any obligations in respect of rights of 

19 setoff, netting arrangement, or debt of the debt20 or that directly arises out of or directly relates 

21 to the guarantee or credit enhancement; and 

22 ‘‘(3) any property of the estate that directly 

23 serves as collateral for the guarantee or credit en24 hancement is transferred to the bridge company. 


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1 ‘‘§ 1189. Licenses, permits, and registrations 

2 ‘‘(a) Notwithstanding any otherwise applicable non3 bankruptcy law, if a request is made under section 1185 

4 for a transfer of property of the estate, any Federal, State, 

5 or local license, permit, or registration that the debtor or 

6 an affiliate had immediately before the commencement of 

7 the case and that is proposed to be transferred under sec8 tion 1185 may not be accelerated, terminated, or modified 

9 at any time after the request solely on account of— 

10 ‘‘(1) the insolvency or financial condition of the 

11 debtor at any time before the closing of the case; 

12 ‘‘(2) the commencement of a case under this 

13 title concerning the debtor; 

14 ‘‘(3) the appointment of or taking possession by 

15 a trustee in a case under this title concerning the 

16 debtor or by a custodian before the commencement 

17 of the case; or 

18 ‘‘(4) a transfer under section 1185. 

19 ‘‘(b) Notwithstanding any otherwise applicable non20 bankruptcy law, any Federal, State, or local license, per21 mit, or registration that the debtor had immediately before 

22 the commencement of the case that is included in a trans23 fer under section 1185 shall be valid and all rights and 

24 obligations thereunder shall vest in the bridge company. 


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1 ‘‘§ 1190. Exemption from securities laws 

2 ‘‘For purposes of section 1145, a security of the 

3 bridge company shall be deemed to be a security of a suc4 cessor to the debtor under a plan if the court approves 

5 the disclosure statement for the plan as providing ade6 quate information (as defined in section 1125(a)) about 

7 the bridge company and the security. 

8 ‘‘§ 1191. Inapplicability of certain avoiding powers 

9 ‘‘A transfer made or an obligation incurred by the 

10 debtor to an affiliate prior to or after the commencement 

11 of the case, including any obligation released by the debtor 

12 or the estate to or for the benefit of an affiliate, in con13 templation of or in connection with a transfer under sec14 tion 1185 is not avoidable under section 544, 547, 

15 548(a)(1)(B), or 549, or under any similar nonbankruptcy 

16 law. 

17 ‘‘§ 1192. Consideration of financial stability 

18 ‘‘The court may consider the effect that any decision 

19 in connection with this subchapter may have on financial 

20 stability in the United States.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 for chapter 11 of title 11, United States Code, is amended 

23 by adding at the end the following: 

‘‘SUBCHAPTER V—LIQUIDATION, REORGANIZATION, OR RECAPITALIZATION OF

A COVERED FINANCIAL CORPORATION

‘‘1181. Inapplicability of other sections. 

‘‘1182. Definitions for this subchapter. 

‘‘1183. Commencement of a case concerning a covered financial corporation. 


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‘‘1184. Regulators. 

‘‘1185. Special transfer of property of the estate. 

‘‘1186. Special trustee. 

‘‘1187. Temporary and supplemental automatic stay; assumed debt. 

‘‘1188. Treatment of qualified financial contracts and affiliate contracts. 

‘‘1189. Licenses, permits, and registrations. 

‘‘1190. Exemption from securities laws. 

‘‘1191. Inapplicability of certain avoiding powers. 

‘‘1192. Consideration of financial stability.’’. 

1 SEC. 1104. AMENDMENTS TO TITLE 28, UNITED STATES 

2 CODE. 

3 (a) AMENDMENT TO CHAPTER 13.—Chapter 13 of 

4 title 28, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘§ 298. Judge for a case under subchapter V of chap7 ter 11 of title 11 

8 ‘‘(a)(1) Notwithstanding section 295, the Chief Jus9 tice of the United States shall designate not fewer than 

10 10 bankruptcy judges to be available to hear a case under 

11 subchapter V of chapter 11 of title 11. Bankruptcy judges 

12 may request to be considered by the Chief Justice of the 

13 United States for such designation. 

14 ‘‘(2) Notwithstanding section 155, a case under sub15 chapter V of chapter 11 of title 11 shall be heard under 

16 section 157 by a bankruptcy judge designated under para17 graph (1), who shall be randomly assigned to hear such 

18 case by the chief judge of the court of appeals for the cir19 cuit embracing the district in which the case is pending. 

20 To the greatest extent practicable, the approvals required 

21 under section 155 should be obtained. 


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1 ‘‘(3) If the bankruptcy judge assigned to hear a case 

2 under paragraph (2) is not assigned to the district in 

3 which the case is pending, the bankruptcy judge shall be 

4 temporarily assigned to the district. 

5 ‘‘(b) A case under subchapter V of chapter 11 of title 

6 11, and all proceedings in the case, shall take place in 

7 the district in which the case is pending. 

8 ‘‘(c) In this section, the term ‘covered financial cor9 poration’ has the meaning given that term in section 

10 101(9A) of title 11.’’. 

11 (b) AMENDMENT TO SECTION 1334 OF TITLE 28.— 

12 Section 1334 of title 28, United States Code, is amended 

13 by adding at the end the following: 

14 ‘‘(f) This section does not grant jurisdiction to the 

15 district court after a transfer pursuant to an order under 

16 section 1185 of title 11 of any proceeding related to a spe17 cial trustee appointed, or to a bridge company formed, in 

18 connection with a case under subchapter V of chapter 11 

19 of title 11.’’. 

20 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of sections for chapter 13 of title 28, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

‘‘298. Judge for a case under subchapter V of chapter 11 of title 11.’’. 


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1 TITLE XII 

2 ADDITIONAL GENERAL PROVISIONS 

3 SPENDING REDUCTION ACCOUNT

4 SEC. 1201. The amount by which the applicable allo5 cation of new budget authority made by the Committee 

6 on Appropriations of the House of Representatives under 

7 section 302(b) of the Congressional Budget Act of 1974 

8 exceeds the amount of proposed new budget authority is 

9 $0. 

10 This Act may be cited as the ‘‘Financial Services and 

11 General Government Appropriations Act, 2017’’. 


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Union Calendar No. 484 

114TH CONGRESS 

2D SESSION H. R. 5485 

[Report No. 114–624] 

A BILL 

Making appropriations for financial services and 

September 30, 2017, and for other purposes. general government for the fiscal year ending 

JUNE 15, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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