An Act Making Appropriations to Stop Regulatory Excess and for Other Purposes, 2016

Making appropriations for financial services and general government, Department of the Interior, environment, and Departments of Labor, Health and Human Services, and Education, and related programs for the fiscal year ending September 30, 2016, and for other purposes. 1. Short Title This Act may be cited as An Act Making Appropriations to Stop Regulatory Excess and for Other Purposes, 2016 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Statement of appropriations. Division A—financial services and general government appropriations act, 2016 Division B—Department of the Interior, environment, and related agencies appropriations act, 2016 Division C—Departments of Labor, Health and Human Services, and Education, and related agencies Appropriations Act, 2016 3. References Except as expressly provided otherwise, any reference to this Act 4. Statement of Appropriations The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2016. A financial services and general government appropriations act, 2016 I DEPARTMENT OF THE TREASURY Departmental Offices salaries and expenses For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business; executive direction program activities; international affairs and economic policy activities; domestic finance and tax policy activities, including technical assistance to State and local governments; terrorism and financial intelligence activities; and Treasury-wide management policies and programs activities, $325,900,000: Provided (1) not less than $112,500,000 is for the Office of Terrorism and Financial Intelligence to safeguard the financial system against illicit use and to combat rogue nations, terrorist facilitators, weapons of mass destruction proliferators, money launderers, drug kingpins, and other national security threats; (2) not to exceed $350,000 is for official reception and representation expenses; (3) not to exceed $258,000 is for unforeseen emergencies of a confidential nature to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on the Secretary's certificate; and (4) not to exceed $25,200,000 shall remain available until September 30, 2017, for— (A) the Treasury-wide Financial Statement Audit and Internal Control Program; (B) information technology modernization requirements; (C) the audit, oversight, and administration of the Gulf Coast Restoration Trust Fund; (D) the development and implementation of programs within the Office of Critical Infrastructure Protection and Compliance Policy, including entering into cooperative agreements; and (E) secure space requirements. Department-Wide systems and capital investments programs (including transfer of funds) For development and acquisition of automatic data processing equipment, software, and services and for repairs and renovations to buildings owned by the Department of the Treasury, $5,000,000, to remain available until September 30, 2018: Provided Provided further, Provided further, Internal Revenue Service, Operations Support Internal Revenue Service, Business Systems Modernization Office of inspector general Salaries and expenses For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $35,416,000, including hire of passenger motor vehicles; of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury; of which up to $2,800,000 to remain available until September 30, 2017, shall be for audits and investigations conducted pursuant to section 1608 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 ( 33 U.S.C. 1321 Treasury inspector general for tax administration Salaries and expenses For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978, as amended, including purchase and hire of passenger motor vehicles ( 31 U.S.C. 1343(b) 5 U.S.C. 3109 Special Inspector General for the Troubled Asset Relief Program Salaries and expenses For necessary expenses of the Office of the Special Inspector General in carrying out the provisions of the Emergency Economic Stabilization Act of 2008 ( Public Law 110–343 Financial crimes enforcement network salaries and expenses For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial regulation; services authorized by 5 U.S.C. 3109 Treasury Forfeiture Fund (rescission) Of the unobligated balances available under this heading, $700,000,000 are rescinded. Bureau of the Fiscal Service Salaries and Expenses For necessary expenses of operations of the Bureau of the Fiscal Service, $356,000,000; of which not to exceed $4,210,000, to remain available until September 30, 2018, is for information systems modernization initiatives; of which $5,000 shall be available for official reception and representation expenses; and of which not to exceed $19,800,000, to remain available until September 30, 2018, is to support the Department's activities related to implementation of the Digital Accountability and Transparency Act (DATA Act; Public Law 113–101 In addition, $165,000, to be derived from the Oil Spill Liability Trust Fund to reimburse administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101–380 Alcohol and tobacco tax and trade bureau Salaries and expenses For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $101,439,000; of which not to exceed $6,000 for official reception and representation expenses; not to exceed $50,000 for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement. United States Mint united states mint public enterprise fund Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, including both operating expenses and capital investments: Provided Community Development Financial Institutions Fund Program Account To carry out the Riegle Community Development and Regulatory Improvements Act of 1994 (subtitle A of title I of Public Law 103–325 (1) not less than $161,900,000, notwithstanding section 108(e) of Public Law 103–325 12 U.S.C. 4707(e) Public Law 103–325 12 U.S.C. 4707(a)(1)(A) Provided, Provided further, (2) not less than $15,000,000, notwithstanding section 108(e) of Public Law 103–325 12 U.S.C. 4707(e) (3) not less than $21,000,000 is available until September 30, 2017, for the Bank Enterprise Award program; (4) up to $23,100,000 is available until September 30, 2016, for administrative expenses, including administration of CDFI fund programs and the New Markets Tax Credit Program, of which not less than $1,000,000 is for capacity building to expand CDFI investments in underserved rural areas, and up to $300,000 is for administrative expenses to carry out the direct loan program; and (5) during fiscal year 2016, none of the funds available under this heading are available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4713a Provided Provided further Internal Revenue Service taxpayer services For necessary expenses of the Internal Revenue Service to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and other services as authorized by 5 U.S.C. 3109 Provided In addition, $90,000,000 is available solely for measurable improvements in the customer service representative level of service rate, the number of days to resolve tax refund fraud by identity theft cases, and the percentage of correspondence the IRS responds to within established timeframes: Provided enforcement For necessary expenses for tax enforcement activities of the Internal Revenue Service to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other financial crimes, to purchase and hire passenger motor vehicles ( 31 U.S.C. 1343(b) 5 U.S.C. 3109 operations support For necessary expenses of the Internal Revenue Service to support taxpayer services and enforcement programs, including rent payments; facilities services; printing; postage; physical security; headquarters and other IRS-wide administration activities; research and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and security; the hire of passenger motor vehicles ( 31 U.S.C. 1343(b) 5 U.S.C. 3109 Provided Provided further business systems modernization For necessary expenses of the Internal Revenue Service's business systems modernization program, $260,000,000, to remain available until September 30, 2018, for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided administrative provisions—internal revenue service (including transfer of funds) 101. Not to exceed 5 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations. 102. The Internal Revenue Service shall maintain an employee training program, which shall include the following topics: taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft. 104. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1–800 help line service a priority and allocate resources necessary to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes. 105. None of the funds made available to the Internal Revenue Service by this Act may be used to make a video unless the Service-Wide Video Editorial Board determines in advance that making the video is appropriate, taking into account the cost, topic, tone, and purpose of the video. 106. The Internal Revenue Service shall issue a notice of confirmation of any address change relating to an employer making employment tax payments, and such notice shall be sent to both the employer's former and new address and an officer or employee of the Internal Revenue Service shall give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer. 107. None of the funds made available under this Act may be used by the Internal Revenue Service to target citizens of the United States for exercising any right guaranteed under the First Amendment to the Constitution of the United States. 108. None of the funds made available in this Act may be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs. 109. None of funds made available by this Act to the Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes, documentation requirements, and policies issued by the Chief Financial Officer, Human Capital Office, and Agency-Wide Shared Services as a result of the recommendations in the report published on May 31, 2013, by the Treasury Inspector General for Tax Administration entitled Review of the August 2010 Small Business/Self-Employed Division's Conference in Anaheim, California 110. None of the funds made available by this Act may be used in contravention of section 6103 111. None of the funds made available in this Act to the Internal Revenue Service may be obligated or expended— (1) to make a payment to any employee under a bonus, award, or recognition program; or (2) under any hiring or personnel selection process with respect to re-hiring a former employee, unless such program or process takes into account the conduct and Federal tax compliance of such employee or former employee. Administrative provisions—Department of the Treasury (including transfers of funds) 112. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 113. Not to exceed 2 percent of any appropriations in this title made available under the headings Departmental Offices—Salaries and Expenses Office of Inspector General Special Inspector General for the Troubled Asset Relief Program Financial Crimes Enforcement Network Bureau of the Fiscal Service Alcohol and Tobacco Tax and Trade Bureau Provided 114. Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration's appropriation upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided 115. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the $1 Federal Reserve note. 116. The Secretary of the Treasury may transfer funds from the Bureau of the Fiscal Service-Salaries and Expenses Provided 117. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial Services, and the Senate Committee on Banking, Housing, and Urban Affairs. 118. None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the Senate. 119. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for the Department of the Treasury’s intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 120. Not to exceed $5,000 shall be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses. 121. The Secretary of the Treasury shall submit a Capital Investment Plan to the Committees on Appropriations of the Senate and the House of Representatives not later than 30 days following the submission of the annual budget submitted by the President: Provided Provided further 122. (a) Not later than 60 days after the end of each quarter, the Office of Financial Stability and the Office of Financial Research shall submit reports on their activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives and the Senate Committee on Banking, Housing, and Urban Affairs. (b) The reports required under subsection (a) shall include— (1) the obligations made during the previous quarter by object class, office, and activity; (2) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; (3) the number of full-time equivalents within each office during the previous quarter; (4) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and (5) actions taken to achieve the goals, objectives, and performance measures of each office. (c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents of the reports required under subsection (a). 123. Within 45 days after the date of enactment of this Act, the Secretary of the Treasury shall submit an itemized report to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to each office by the Franchise Fund including the amount charged for each service provided by the Franchise Fund to each office, a detailed description of the services, a detailed explanation of how each charge for each service is calculated, and a description of the role customers have in governing in the Franchise Fund. 124. The Secretary of the Treasury, in consultation with the appropriate agencies, departments, bureaus, and commissions that have expertise in terrorism and complex financial instruments, shall provide a report to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than 90 days after the date of enactment of this Act on economic warfare and financial terrorism. 125. None of the funds appropriated or otherwise made available in this Act may be obligated or expended to provide for the enforcement of any rule, regulation, policy, or guideline implemented pursuant to the Department of the Treasury Guidance for United States Positions on MDBs Engaging with Developing Countries on Coal-Fired Power Generation dated October 29, 2013, when enforcement of such rule, regulation, policy, or guideline would prohibit, or have the effect of prohibiting, the carrying out of any coal-fired or other power-generation project the purpose of which is to increase exports of goods and services from the United States or prevent the loss of jobs from the United States. This title may be cited as the Department of the Treasury Appropriations Act, 2016 II Executive office of the president and funds appropriated to the president The white house salaries and expenses For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105 3 U.S.C. 105 3 U.S.C. 103 3 U.S.C. 107 Executive Residence at the White House operating expenses For necessary expenses of the Executive Residence at the White House, $12,700,000, to be expended and accounted for as provided by 3 U.S.C. 105 reimbursable expenses For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further chapter 37 White House Repair and Restoration For the repair, alteration, and improvement of the Executive Residence at the White House pursuant to 3 U.S.C. 105(d) Council of economic advisers salaries and expenses For necessary expenses of the Council of Economic Advisers in carrying out its functions under the Employment Act of 1946 ( 15 U.S.C. 1021 et seq. National Security Council and Homeland Security Council salaries and expenses For necessary expenses of the National Security Council and the Homeland Security Council, including services as authorized by 5 U.S.C. 3109 Office of Administration Salaries and expenses For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107 Office of Management and Budget Salaries and expenses For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 chapter 35 Provided 7 U.S.C. 601 et seq. Provided further Provided further Provided further Provided further Provided further Provided further Office of national drug control policy salaries and expenses For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 2006 ( Public Law 109–469 Provided Federal drug control programs high intensity drug trafficking areas program (including transfers of funds) For necessary expenses of the Office of National Drug Control Policy's High Intensity Drug Trafficking Areas Program, $245,000,000, to remain available until September 30, 2017, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas ( HIDTAs Provided Provided further, Public Law 106–58 Provided further Provided further Provided further Other Federal Drug Control Programs (including transfers of funds) For other drug control activities authorized by the Office of National Drug Control Policy Reauthorization Act of 2006 ( Public Law 109–469 Public Law 107–82 Public Law 109–469 21 U.S.C. 1521 Public Law 109–469 Provided, Unanticipated needs For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, as authorized by 3 U.S.C. 108 Information Technology Oversight and Reform (including transfer of funds) For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the Federal Government, $25,000,000, to remain available until expended: Provided Provided further Provided further Special assistance to the president salaries and expenses For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106 3 U.S.C. 106 Official Residence of the Vice President operating expenses (including transfer of funds) For the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 pursuant to 3 U.S.C. 106(b)(2) Provided Administrative provisions—Executive office of the president and funds appropriated to the president (including transfer of funds) 201. From funds made available in this Act under the headings The White House Executive Residence at the White House White House Repair and Restoration Council of Economic Advisers National Security Council and Homeland Security Council Office of Administration Special Assistance to the President Official Residence of the Vice President Provided Provided further Special Assistance to the President Official Residence of the Vice President 202. Within 90 days after the date of enactment of this section, the Director of the Office of Management and Budget shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate on the costs of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (1) the estimated mandatory and discretionary obligations of funds through fiscal year 2018, by Federal agency and by fiscal year, including— (A) the estimated obligations by cost inputs such as rent, information technology, contracts, and personnel; (B) the methodology and data sources used to calculate such estimated obligations; and (C) the specific section of such Act that requires the obligation of funds; and (2) the estimated receipts through fiscal year 2017 from assessments, user fees, and other fees by the Federal agency making the collections, by fiscal year, including— (A) the methodology and data sources used to calculate such estimated collections; and (B) the specific section of such Act that authorizes the collection of funds. 203. (a) During fiscal year 2016, any Executive order issued by the President shall be accompanied by a statement from the Director of the Office of Management and Budget on the budgetary impact, including costs, benefits, and revenues, of the Executive order. (b) Any such statement shall include— (1) a narrative summary of the budgetary impact of such order on the Federal Government; (2) the impact on mandatory and discretionary obligations and outlays, listed by Federal agency, for each year in the 5-fiscal year period beginning in fiscal year 2016; and (3) the impact on revenues of the Federal Government over the 5-fiscal year period beginning in fiscal year 2016. (c) If an Executive order is issued during fiscal year 2016 due to a national emergency, the Director of the Office of Management and Budget may issue the statement required by subsection (a) not later than 15 days after the date that the Executive order is issued. This title may be cited as the Executive Office of the President Appropriations Act, 2016 III The judiciary Supreme Court of the United States salaries and expenses For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $75,838,000, of which $2,000,000 shall remain available until expended. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and associate justices of the court. care of the building and grounds For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by 40 U.S.C. 6111 and 6112, $9,964,000, to remain available until expended. United States Court of Appeals for the Federal Circuit salaries and expenses For salaries of officers and employees, and for necessary expenses of the court, as authorized by law, $30,872,000. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court. United States Court of International Trade salaries and expenses For salaries of officers and employees of the court, services, and necessary expenses of the court, as authorized by law, $18,160,000. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court. Courts of Appeals, District Courts, and Other Judicial Services Salaries and expenses For the salaries of judges of the United States Court of Federal Claims, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, necessary expenses of the courts, and the purchase, rental, repair, and cleaning of uniforms for Probation and Pretrial Services Office staff, as authorized by law, $4,960,008,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects. In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and justices and judges retired from office or from regular active service. In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 ( Public Law 99–660 defender services For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under 18 U.S.C. 3006A and 3599, and for the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with the maximums under 18 U.S.C. 3006A 28 U.S.C. 1875(d)(1) 18 U.S.C. 983(b)(1) 18 U.S.C. 4100(b) fees of jurors and commissioners For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863 Provided court security (including transfers of funds) For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court operations, and the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court operations, including building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act ( Public Law 100–702 Administrative Office of the United States Courts salaries and expenses For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345 31 U.S.C. 1343(b) Federal Judicial Center Salaries and expenses For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219 United States Sentencing Commission salaries and expenses For the salaries and expenses necessary to carry out the provisions of chapter 58 Administrative Provisions—The Judiciary (including transfer of funds) 301. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. 302. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except Courts of Appeals, District Courts, and Other Judicial Services, Defender Services Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners Provided 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for Courts of Appeals, District Courts, and Other Judicial Services Provided 304. Section 3314(a) of title 40, United States Code, shall be applied by substituting Federal executive 305. In accordance with 28 U.S.C. 561–569 40 U.S.C. 1315(b)(2)(E) 306. (a) Section 3602(a) of title 18, United States Code, is amended— (1) by inserting after the first sentence: A person appointed as a probation officer in one district may serve in another district with the consent of the appointing court and the court in the other district. (2) by inserting in the last sentence appointing court may, for cause 307. (a) Section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 28 U.S.C. 133 24 years and 6 months 25 years and 6 months (b) Section 406 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 ( Public Law 109–115 28 U.S.C. 133 22 years and 6 months 23 years and 6 months (c) Section 312(c)(2) of the 21st Century Department of Justice Appropriations Authorization Act ( Public Law 107–273 28 U.S.C. 133 (1) in the first sentence by striking 13 years 14 years (2) in the second sentence (relating to the central District of California), by striking 12 years and 6 months 13 years and 6 months (3) in the third sentence (relating to the western district of North Carolina), by striking 11 years 12 years This title may be cited as the Judiciary Appropriations Act, 2016 IV District of columbia Federal Funds federal payment for resident tuition support For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $30,000,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further federal payment for emergency planning and security costs in the district of columbia For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $13,000,000, to remain available until expended, for the costs of providing public safety at events related to the presence of the National Capital in the District of Columbia, including support requested by the Director of the United States Secret Service in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions. federal payment to the district of columbia courts For salaries and expenses for the District of Columbia Courts, $246,000,000 to be allocated as follows: for the District of Columbia Court of Appeals, $14,000,000, of which not to exceed $2,500 is for official reception and representation expenses; for the Superior Court of the District of Columbia, $122,000,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $72,000,000, of which not to exceed $2,500 is for official reception and representation expenses; and $38,000,000, to remain available until September 30, 2017, for capital improvements for District of Columbia courthouse facilities: Provided Provided further Provided further Provided further chapter 35 federal payment for defender services in district of columbia courts For payments authorized under section 11–2604 and section 11–2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 chapter 3 Provided Provided further federal payment to the court services and offender supervision agency for the district of columbia For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $242,000,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $181,000,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons, of which up to $3,159,000 shall remain available until September 30, 2018, for the relocation of offender supervision field offices; and of which $61,000,000 shall be available to the Pretrial Services Agency: Provided Provided further Provided further Provided further Provided further federal payment to the district of columbia public defender service For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $40,889,000: Provided Provided further, Provided further, Federal payment to the district of columbia water and sewer authority For a Federal payment to the District of Columbia Water and Sewer Authority, $14,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided federal payment to the criminal justice coordinating council For a Federal payment to the Criminal Justice Coordinating Council, $1,900,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia. Federal Payment for Judicial Commissions For a Federal payment, to remain available until September 30, 2017, to the Commission on Judicial Disabilities and Tenure, $295,000, and for the Judicial Nomination Commission, $270,000. federal payment for school improvement For a Federal payment for a school improvement program in the District of Columbia, $45,000,000, to remain available until expended, for payments authorized under the Scholarship for Opportunity and Results Act (division C of Public Law 112–10 Provided Federal Payment for the District of Columbia National Guard For a Federal payment to the District of Columbia National Guard, $435,000, to remain available until expended for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program. federal payment for testing and treatment of hiv/aids For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $5,000,000. District of Columbia Funds Local funds are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia ( General Fund District of Columbia Funds Summary of Expenses Provided Provided further Provided further Provided further This title may be cited as the District of Columbia Appropriations Act, 2016 V Independent agencies Administrative Conference of the United States Salaries and Expenses For necessary expenses of the Administrative Conference of the United States, authorized by 5 U.S.C. 591 et seq. Bureau of Consumer Financial Protection Administrative Provisions 501. Section 1017(a)(2)(C) of Public Law 111–203 502. Effective October 1, 2016, notwithstanding section 1017 of Public Law 111–203 (1) the Board of Governors of the Federal Reserve System shall not transfer amounts specified under such section to the Bureau of Consumer Financial Protection; and (2) there are authorized to be appropriated to the Bureau of Consumer Financial Protection such sums as may be necessary to carry out the authorities of the Bureau under Federal consumer financial law. 503. (a) During fiscal year 2016, on the date on which a request is made for a transfer of funds in accordance with section 1017 of Public Law 111–203 (b) (1) Any such notification shall include the amount of the funds requested, an explanation of how the funds will be obligated by object class and activity, and why the funds are necessary to protect consumers. (2) Any notification required by this section shall be made available on the Bureau’s public Web site. 504. (a) Not later than 2 weeks after the end of each quarter of each fiscal year, the Bureau of Consumer Financial Protection shall submit a report on its activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) The reports required under subsection (a) shall include— (1) the obligations made during the previous quarter by object class, office, and activity; (2) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; (3) the number of full-time equivalents within each office during the previous quarter; (4) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and (5) actions taken to achieve the goals, objectives, and performance measures of each office. (c) At the request of any committee specified in subsection (a), the Bureau of Consumer Financial Protection shall make Bureau officials available to testify on the contents of the reports required under subsection (a). 505. (a) In general Section 1011 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5491 (1) by striking subsections (b), (c), and (d); (2) by redesignating subsection (e) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Management of the bureau (1) In general The management of the Bureau shall be vested in a Board of Directors consisting of 5 members, who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who— (A) are citizens of the United States; and (B) have developed strong competency and understanding of, and have experience working with, financial products and services. (2) Terms (A) In general Except as provided in subparagraph (B), each member of the Board, including the Chairperson, shall serve for a term of 5 years. (B) Staggered terms The members of the Board shall serve staggered terms, which shall initially be for terms of 1, 2, 3, 4, and 5 years, respectively, and such members shall be appointed such that, after the appointments of the initial 5 members of the Board, members of different political parties are appointed alternately. (C) Removal The President may remove any member of the Board for inefficiency, neglect of duty, or malfeasance in office. (D) Vacancies Any member of the Board appointed to fill a vacancy occurring before the expiration of the term to which the predecessor of that member was appointed (including the Chairperson) shall be appointed only for the remainder of the term. (E) Continuation of service Each member of the Board may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which the term of that member would otherwise expire. (F) Successive terms A member of the Board may not be reappointed to a second consecutive term, except that an initial member of the Board appointed for less than a 5-year term may be reappointed to a full 5-year term and a future member appointed to fill an unexpired term may be reappointed for a full 5-year term. (3) Affiliation Not more than 3 members of the Board shall be members of any 1 political party. (4) Chairperson of the board (A) Appointment The President shall appoint 1 of the 5 members of the Board to serve as Chairperson of the Board. (B) Authority The Chairperson shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to— (i) the supervision of personnel employed by the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Board other than the Chairperson); (ii) the distribution of business among personnel appointed and supervised by the Chairperson and among administrative units of the Bureau; and (iii) the use and expenditure of funds. (C) Limitation In carrying out any of the functions of the Chairperson under this paragraph, the Chairperson shall be governed by general policies of the Bureau and by such regulatory decisions, findings, and determinations as the Bureau may by law be authorized to make. (D) Requests or estimates related to appropriations Any request or estimate for regular, supplemental, or deficiency appropriations on behalf of the Bureau, including any request for a transfer of funds under section 1017(a), may not be submitted by the Chairperson without the prior approval of the Board. (E) Vacancy The President may designate a member of the Board to serve as Acting Chairperson in the event of a vacancy in the office of the Chairperson. (5) Compensation (A) Chairperson The Chairperson shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5312 of title 5, United States Code. (B) Other members of the board The 4 members of the Board other than the Chairperson shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code. (6) Other employment prohibited A member of the Board may not engage in any other business, vocation, or employment. . (b) Effective date The amendments made by this section shall take effect on the later of— (1) October 1, 2016; or (2) the date on which not less than 3 persons have been confirmed by the Senate to serve as members of the Board of Directors of the Bureau of Consumer Financial Protection. Commodity Futures Trading Commission (including Transfers of Funds) For necessary expenses to carry out the provisions of the Commodity Exchange Act ( 7 U.S.C. 1 et seq. Consumer product safety commission salaries and expenses For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109 5 U.S.C. 5376 Election assistance commission salaries and expenses (including transfer of funds) For necessary expenses to carry out the Help America Vote Act of 2002 ( Public Law 107–252 Federal communications commission Salaries and expenses For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902 5 U.S.C. 3109 Provided Provided further Provided further Provided further Provided further Provided further 47 U.S.C. 309(j)(8)(B) Provided further Administrative provisions—federal communications commission 510. Section 302 of the Universal Service Antideficiency Temporary Suspension Act is amended by striking December 31, 2016 December 31, 2017 511. None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments. Federal deposit insurance corporation office of the inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $34,568,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the FSLIC Resolution Fund. Federal Election Commission Salaries and expenses For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $72,500,000, of which $5,000,000 shall remain available until September 30, 2017, for lease expiration and replacement lease expenses; and of which not to exceed $5,000 shall be available for reception and representation expenses. Federal Labor Relations Authority Salaries and expenses For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109 Provided 5 U.S.C. 5703 Provided further 31 U.S.C. 3302 Federal trade commission Salaries and expenses For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902 5 U.S.C. 3109 Provided Provided further 15 U.S.C. 18a Provided further 15 U.S.C. 6101 et seq. Provided further Provided further Federal Deposit Insurance Act 12 U.S.C. 1831t General Services Administration real property activities federal buildings fund limitations on availability of revenue (including transfers of funds) Amounts in the Fund, including revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $8,304,422,000, of which— (1) $181,500,000 shall remain available until expended for construction and acquisition activities (including funds for sites and expenses, and associated design and construction services) for the United States Courthouse in Nashville, Tennessee: Provided (2) $357,189,000 shall remain available until expended for repairs and alterations, including associated design and construction services, of which— (A) $157,189,000 is for Major Repair and Alterations activities, including $96,344,000 for the Jacob K. Javits Federal Office Building in New York City, New York, and $60,845,000 for the Edward J. Schwartz Federal Building and U.S. Courthouse in San Diego, California; (B) $200,000,000 is for Basic Repairs and Alterations, Consolidation Activities, the Judiciary Capital Security Program, and the Fire and Life Safety Program: Provided, Provided further Provided further Repairs and Alterations Provided further, Provided further Repairs and Alterations (3) $5,521,601,000 for rental of space to remain available until expended; and (4) $2,244,132,000 for building operations to remain available until expended: Provided further 40 U.S.C. 3307(a) Provided further Provided further 40 U.S.C. 592(b)(2) 18 U.S.C. 3056 Provided further 40 U.S.C. 592(b)(2) general activities government-wide policy For expenses authorized by law, not otherwise provided for, for Government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, travel, motor vehicles, information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109 operating expenses (including transfer of funds) For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agency-wide policy direction, management, and communications; the Civilian Board of Contract Appeals; and services as authorized by 5 U.S.C. 3109 office of inspector general For necessary expenses of the Office of Inspector General and service authorized by 5 U.S.C. 3109 Provided Provided further allowances and office staff for former presidents For carrying out the provisions of the Act of August 25, 1958 ( 3 U.S.C. 102 Public Law 95–138 pre-election presidential transition (including transfer of funds) For activities authorized by the Pre-Election Presidential Transition Act of 2010 ( Public Law 111–283 Provided Acquisition Services Fund Federal Buildings Fund Provided further Federal Citizen Services Fund (including transfers of funds) For necessary expenses of the Office of Citizen Services and Innovative Technologies, including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604 Provided Provided further Provided further Provided further Provided further Administrative Provisions—General Services Administration (including transfer of funds) 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 521. Funds in the Federal Buildings Fund made available for fiscal year 2016 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided 522. Except as otherwise provided in this title, funds made available by this Act shall be used to transmit a fiscal year 2017 request for United States Courthouse construction only if the request: (1) meets the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded. 523. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in consideration of the Public Buildings Amendments Act of 1972 ( Public Law 92–313 524. From funds made available under the heading Federal Buildings Fund, Limitations on Availability of Revenue 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307 526. With respect to each project funded under the heading “Major Repairs and Alterations” or “Judiciary Capital Security Program”, the Administrator of General Services shall submit a spending plan and explanation for each project to be undertaken to the Committees on Appropriations of the House of Representatives and the Senate not later than 30 days after the date of enactment of this Act. 527. Any consolidation of the headquarters of the Federal Bureau of Investigation must result in a full consolidation. Harry S Truman scholarship foundation Salaries and expenses For payment to the Harry S Truman Scholarship Foundation Trust Fund, established by section 10 of Public Law 93–642 Merit Systems Protection Board Salaries and Expenses (including transfer of funds) For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 ( 5 U.S.C. 5509 5 U.S.C. 3109 Morris K. udall and stewart L. udall foundation Morris k. udall and stewart L. Udall trust fund (including transfer of funds) For payment to the Morris K. Udall and Stewart L. Udall Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act ( 20 U.S.C. 5601 et seq. Public Law 107–289 Public Law 102–259 Public Law 106–568 20 U.S.C. 5604(7) Provided Environmental dispute resolution fund For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998, $3,400,000, to remain available until expended. National archives and records administration operating expenses For necessary expenses in connection with the administration of the National Archives and Records Administration and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board, the operations and maintenance of the electronic records archives, the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 2008, Public Law 110–409 repairs and restoration For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $7,500,000, to remain available until expended: Provided national historical publications and records commission grants program For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504 National Credit Union Administration community development revolving loan fund For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812 Office of Government Ethics salaries and expenses For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, the Ethics Reform Act of 1989, and the Stop Trading on Congressional Knowledge Act of 2012, including services as authorized by 5 U.S.C. 3109 Office of personnel management Salaries and expenses (including transfer of trust funds) For necessary expenses to carry out functions of the Office of Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109 41 U.S.C. 4001 et seq. Provided Provided further Provided further Provided further Office of Inspector General salaries and expenses (including transfer of trust funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, including services as authorized by 5 U.S.C. 3109 Provided Office of Special Counsel salaries and expenses For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978 ( Public Law 95–454 Public Law 101–12 Public Law 107–304 Public Law 112–199 Public Law 103–353 5 U.S.C. 3109 Postal regulatory commission Salaries and expenses (including transfer of funds) For necessary expenses of the Postal Regulatory Commission in carrying out the provisions of the Postal Accountability and Enhancement Act ( Public Law 109–435 Privacy and Civil Liberties Oversight Board Salaries and Expenses For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee Securities and Exchange Commission Salaries and expenses For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109 Provided 15 U.S.C. 78ee Provided further Provided further Selective Service System salaries and expenses For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109 Provided 31 U.S.C. 1341 Provided further Small Business Administration Salaries and expenses For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles as authorized by sections 1343 and 1344 of title 31, United States Code, and not to exceed $3,500 for official reception and representation expenses, $257,000,000, of which not less than $12,000,000 shall be available for examinations, reviews, and other lender oversight activities: Provided Small Business Act Provided further 31 U.S.C. 3302 Provided further, Public Law 108–447 Provided further, Provided further 15 U.S.C. 657d Entrepreneurial Development Programs For necessary expenses of programs supporting entrepreneurial and small business development, $220,150,000, to remain available until September 30, 2017: Provided Provided further 15 U.S.C. 636(m)(4) Provided further Public Law 111–240 office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $19,900,000. Office of Advocacy For necessary expenses of the Office of Advocacy in carrying out the provisions of title II of Public Law 94–305 15 U.S.C. 634a et seq. 5 U.S.C. 601 et seq. Business loans program account (including transfer of funds) For the cost of direct loans, $3,338,172, to remain available until expended: Provided Provided further Provided further Provided further 15 U.S.C. 696(7) Provided further Provided further Disaster Loans Program Account (including transfers of funds) For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, $186,858,000, to be available until expended, of which $1,000,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan programs and shall be transferred to and merged with the appropriations for the Office of Inspector General; of which $176,858,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses; and of which $9,000,000 is for indirect administrative expenses for the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided 42 U.S.C. 5122(2) Provided further Public Law 99–177 administrative provisions—small business administration (including transfer of funds) 530. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided 531. (a) None of the funds made available under this Act may be used to collect a guarantee fee under section 7(a)(18) of the Small Business Act ( 15 U.S.C. 636(a)(18) 15 U.S.C. 632 (b) Nothing in this section shall be construed to limit the authority of the Administrator of the Small Business Administration to waive such a guarantee fee or any other loan fee with respect to a loan to a small business concern described in subsection (a) or any other borrower. 532. Subparagraph (C) of section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C 696(7)), as in effect on September 25, 2012, shall be in effect during fiscal year 2016. United states postal service Payment to the postal service fund For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code, $49,923,000, which shall not be available for obligation until October 1, 2016: Provided Provided further Provided further Provided further Office of inspector general Salaries and expenses (including transfer of funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $243,883,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(b)(3) of the Postal Accountability and Enhancement Act ( Public Law 109–435 United states tax court Salaries and expenses For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109 Provided VI General provisions—this act (Including rescission) 601. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109 604. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 605. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 606. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with chapter 83 607. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating chapter 83 608. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2016, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by the Committee on Appropriations of either the House of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: Provided Provided further Provided further Provided further 609. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2016 from appropriations made available for salaries and expenses for fiscal year 2016 in this Act, shall remain available through September 30, 2017, for each such account for the purposes authorized: Provided Provided further, 610. (a) None of the funds made available in this Act may be used by the Executive Office of the President to request— (1) any official background investigation report on any individual from the Federal Bureau of Investigation; or (2) a determination with respect to the treatment of an organization as described in section 501(c) (b) Subsection (a) shall not apply— (1) in the case of an official background investigation report, if such individual has given express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or (2) if such request is required due to extraordinary circumstances involving national security. 611. The cost accounting standards promulgated under chapter 15 chapter 89 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office of Personnel Management pursuant to court approval. 613. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions. 614. The provision of section 613 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest. 615. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in chapter 83 616. Notwithstanding section 1353 of title 31, United States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official duties of the officer or employee when the entity offering payment or reimbursement is a person or entity subject to regulation by such agency or commission, or represents a person or entity subject to regulation by such agency or commission, unless the person or entity is an organization described in section 501(c)(3) 617. Notwithstanding section 708 of this Act, funds made available to the Commodity Futures Trading Commission and the Securities and Exchange Commission by this or any other Act may be used for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues. 618. (a) (1) Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space must consult with the General Services Administration before issuing a solicitation for offers of new leases or construction contracts, and in the case of succeeding leases, before entering into negotiations with the current lessor. (2) Any such agency with authority to enter into an emergency lease may do so during any period declared by the President to require emergency leasing authority with respect to such agency. (b) For purposes of this section, the term Executive agency covered by this Act 619. (a) There are appropriated for the following activities the amounts required under current law: (1) Compensation of the President ( 3 U.S.C. 102 (2) Payments to— (A) the Judicial Officers' Retirement Fund ( 28 U.S.C. 377(o) (B) the Judicial Survivors' Annuities Fund ( 28 U.S.C. 376(c) (C) the United States Court of Federal Claims Judges' Retirement Fund ( 28 U.S.C. 178(l) (3) Payment of Government contributions— (A) with respect to the health benefits of retired employees, as authorized by chapter 89 (B) with respect to the life insurance benefits for employees retiring after December 31, 1989 (5 U.S.C. ch. 87). (4) Payment to finance the unfunded liability of new and increased annuity benefits under the Civil Service Retirement and Disability Fund ( 5 U.S.C. 8348 (5) Payment of annuities authorized to be paid from the Civil Service Retirement and Disability Fund by statutory provisions other than subchapter III of chapter 83 or chapter 84 (b) Nothing in this section may be construed to exempt any amount appropriated by this section from any otherwise applicable limitation on the use of funds contained in this Act. 620. The Public Company Accounting Oversight Board (Board) shall have authority to obligate funds for the scholarship program established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002 ( Public Law 107–204 621. None of the funds made available in this Act may be used by the Federal Trade Commission to complete the draft report entitled Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts 622. None of the funds made available by this Act may be used to pay the salaries and expenses for the following positions: (1) Director, White House Office of Health Reform. (2) Assistant to the President for Energy and Climate Change. (3) Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy. (4) White House Director of Urban Affairs. 623. None of the funds in this Act may be used for the Director of the Office of Personnel Management to award a contract, enter an extension of, or exercise an option on a contract to a contractor conducting the final quality review processes for background investigation fieldwork services or background investigation support services that, as of the date of the award of the contract, are being conducted by that contractor. 624. Each executive agency covered by this Act shall include, in its fiscal year 2017 budget justification materials submitted to the Committees on Appropriations of the House of Representatives and the Senate, a separate table briefly describing the top management challenges for fiscal year 2016 as identified by the agency inspector general, together with an explanation of how the fiscal year 2017 budget request addresses each such management challenge. 625. (a) The head of each executive branch agency funded by this Act shall ensure that the Chief Information Officer of the agency has the authority to participate in decisions regarding the budget planning process related to information technology. (b) Amounts appropriated for any executive branch agency funded by this Act that are available for information technology shall be allocated within the agency, consistent with the provisions of appropriations Acts and budget guidelines and recommendations from the Director of the Office of Management and Budget, in such manner as specified by, or approved by, the Chief Information Officer of the agency in consultation with the Chief Financial Officer of the agency and budget officials. 626. None of the funds made available in this Act may be used in contravention of chapter 29, 31, or 33 of title 44, United States Code. 627. From the unobligated balances available in the Securities and Exchange Commission Reserve Fund established by section 991 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 628. The head of any executive branch department, agency, board, commission, or office funded by this Act shall require that all contracts within their purview that provide award fees link such fees to successful acquisition outcomes, specifying the terms of cost, schedule, and performance. 629. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract. 630. (a) Treatment of payment for public communication as contribution if made under control or direction of candidate Section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) (1) by striking or (2) by striking the period at the end of clause (ii) and inserting ; or (3) by adding at the end the following new clause: (iii) any payment by a political committee of a political party for the direct costs of a public communication (as defined in paragraph (22)) made on behalf of a candidate for Federal office who is affiliated with such party, but only if the communication is controlled by, or made at the direction of, the candidate or an authorized committee of the candidate. . (b) Requiring control or direction by candidate for treatment as coordinated party expenditure (1) In general Paragraph (4) of section 315(d) of such Act ( 52 U.S.C. 30116(d) (4) Special rule for direct costs of communications The direct costs incurred by a political committee of a political party for a communication made in connection with the campaign of a candidate for Federal office shall not be subject to the limitations contained in paragraphs (2) and (3) unless the communication is controlled by, or made at the direction of, the candidate or an authorized committee of the candidate. . (2) Conforming amendment Paragraph (1) of section 315(d) of such Act ( 52 U.S.C. 30116(d) paragraphs (2), (3), and (4) paragraphs (2) and (3) 631. Section 302(g) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(g) (g) Filing with the commission All designations, statements, and reports required to be filed under this Act shall be filed with the Commission. . 632. On and after the date of enactment of this Act, in the case of a party to a joint sales agreement (as defined in Note 2(k) to section 73.3555 of title 47, Code of Federal Regulations) that is in effect on the effective date of the amendment to Note 2(k)(2) to that section made by the Further Notice of Proposed Rulemaking and Report and Order adopted by the Federal Communications Commission on March 31, 2014 (FCC 14–28), the party shall not be considered to be in violation of the ownership limitations of that section by reason of the application of the rule in Note 2(k)(2), as so amended, to the joint sales agreement. 633. None of the funds made available by this Act may be used to regulate, directly or indirectly, the prices or related terms (as such terms are described in paragraph 164 of the Report and Order on Remand, Declaratory Ruling, and Order in the matter of protecting and promoting the open Internet, adopted by the Federal Communications Commission on February 26, 2015 (FCC 15–24)) charged or imposed by providers of broadband Internet access service (as defined in the final rules in Appendix A of such Report and Order on Remand, Declaratory Ruling, and Order) for such service, regardless of whether such regulation takes the form of requirements for future conduct or enforcement regarding past conduct. 634. None of the amounts made available by this Act may be used to finalize or implement the Safety Standard for Recreational Off-Highway Vehicles published by the Consumer Product Safety Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until after— (1) the National Academy of Sciences, in consultation with the National Highway Traffic Safety Administration and the Department of Defense, completes a study to determine— (A) the technical validity of the lateral stability and vehicle handling requirements proposed by such standard for purposes of reducing the risk of Recreational Off-Highway Vehicle (referred to in this section as ROV (B) the number of ROV rollovers that would be prevented if the proposed requirements were adopted; (C) whether there is a technical basis for the proposal to provide information on a point-of-sale hangtag about a ROV’s rollover resistance on a progressive scale; and (D) the effect on the utility of ROVs used by the United States military if the proposed requirements were adopted; and (2) a report containing the results of the study completed under paragraph (1) is delivered to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; (C) the Committee on Appropriations of the Senate; and (D) the Committee on Appropriations of the House of Representatives. 635. Notwithstanding any other provision of law, not to exceed $2,266,085 of unobligated balances from Election Assistance Commission, Election Reform Programs 636. None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change the rules or regulations of the Commission for universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal Regulations, as in effect on July 15, 2015: Provided 637. (a) Consumer Financial Protection Act of 2010 The Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. (1) in section 1002 ( 12 U.S.C. 5481 (A) by striking paragraph (10) and inserting: (10) Board The term Board ; and (B) by inserting after paragraph (29) the following: (30) Chairperson The term Chairperson ; (2) in section 1012 ( 12 U.S.C. 5492 (A) in subsection (a)(8), by striking appointed and supervised by the Director appointed by the Board and supervised by the Chairperson (B) in subsection (b), by striking Director Board (C) in subsection (c)— (i) in paragraph (2)(A), by striking Director Board (ii) in paragraph (4), by striking the Director any member of the Board (3) in section 1013 ( 12 U.S.C. 5493 (A) in subsections (a), (b), (d), and (e), by striking Director Board (B) in subsection (c)— (i) in paragraphs (1) and (2), by striking Director Board (ii) in paragraph (3)— (I) by striking Assistant Director Head of Office (II) by striking the Director the Board (C) in subsection (g)— (i) in paragraph (1), by striking Director Board (ii) in paragraph (2)— (I) in the paragraph heading, by striking Assistant director Head of the office (II) by striking an assistant director the Head of the Office of Financial Protection for Older Americans (4) in section 1014 ( 12 U.S.C. 5494 Director Board (5) in section 1016(a) ( 12 U.S.C. 5496(a) Director of the Bureau Chairperson (6) in section 1017— (A) in subsection (a)— (i) in paragraph (1), by striking Director Board (ii) in paragraph (4)— (I) in subparagraph (A)— (aa) by striking Director shall Board shall (bb) by striking Director, Board, (cc) by striking Director in Board in (II) in subparagraph (D), by striking Director Board (III) in subparagraph (E), by striking Director to Board to (iii) in paragraph (5)(C), by striking Director of the Bureau Chairperson (B) in subsection (c)(1)— (i) by striking Director, Board, (ii) by striking Director and the members of the Board and (C) in subsection (e), by striking Director Board (7) in subtitles B ( 12 U.S.C. 5511 et seq. 12 U.S.C. 5531 et seq. 12 U.S.C. 5601 et seq. Director Board (8) in section 1061(c)(2)(C)(i) ( 12 U.S.C. 5581(c)(2)(C)(i) the Board the National Credit Union Administration Board (9) in section 1066(a) ( 12 U.S.C. 5586(a) first Director (b) Financial stability act of 2010 Section 111(b)(1)(D) of the Financial Stability Act of 2010 ( 12 U.S.C. 5321(b)(1)(D) Director of the Bureau Chairperson of the Board of Directors of the Bureau (c) Mortgage reform and anti-predatory lending act Section 1447 of the Mortgage Reform and Anti-Predatory Lending Act ( 12 U.S.C. 1701p–2 Director Board of Directors (d) Electronic fund transfer act Section 920(a)(4)(C) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–2(a)(4)(C) Director of the Bureau Board of Directors of the Bureau (e) Expedited funds availability act The Expedited Funds Availability Act ( 12 U.S.C. 4001 et seq. Director of the Bureau Board of Directors of the Bureau (f) Federal deposit insurance act Section 2 of the Federal Deposit Insurance Act ( 12 U.S.C. 1812 (1) by striking Director of the Consumer Financial Protection Bureau Chairperson of the Board of Directors of the Bureau of Consumer Financial Protection (2) in subsection (d)(2), by striking Comptroller or Director Comptroller or Chairperson (g) Federal financial institutions examination council act of 1978 Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3303(a)(4) Director of the Consumer Financial Protection Bureau Chairperson of the Board of Directors of the Bureau of Consumer Financial Protection (h) Financial literacy and education improvement act Section 513 of the Financial Literacy and Education Improvement Act ( 20 U.S.C. 9702 Director Chairperson of the Board of Directors (i) Home mortgage disclosure act of 1975 Section 307 of the Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2806 Director of the Bureau of Consumer Board of Directors of the Bureau of Consumer (j) Interstate land sales full disclosure act The Interstate Land Sales Full Disclosure Act ( 15 U.S.C. 1701 et seq. (1) in section 1402(1) ( 15 U.S.C. 1701(1) Director Board (2) by striking Director Board (3) in section 1403(c) ( 15 U.S.C. 1702(c) (A) by striking by him by the Board (B) by striking he the Board (4) in section 1407 ( 15 U.S.C. 1706 (A) in subsection (c), by striking he the Board (B) in subsection (e), by striking him the Board (5) in section 1411 ( 15 U.S.C. 1710 (A) in subsection (a)— (i) by striking his findings its finding (ii) by striking his recommendation a recommendation (B) in subsection (b), by striking Secretary’s order order of the Board (6) in section 1415 ( 15 U.S.C. 1714 (A) by striking him the Board (B) in subsection (a), by striking he may, in his discretion the Board may, at the discretion of the Board (C) in subsection (b), by striking he the Board (D) by striking in his discretion at the discretion of the Board (7) in section 1416(a) ( 15 U.S.C. 1715(a) (A) by striking of the Bureau of Consumer Financial Protection (B) by striking his functions, duties, and powers the functions, duties, and powers of the Board (C) by striking his administrative law judges the administrative law judges of the Bureau of Consumer Financial Protection (D) by striking himself the Board (8) (A) in section 1418a(b)(4) ( 15 U.S.C. 1717a(b)(4) The Secretary’s determination or order A determination or order of the Board (B) in section 1418a(d) ( 15 U.S.C. 1717a(d) the Secretary’s determination or order a determination or order of the Board (9) in section 1419 ( 15 U.S.C. 1718 (A) by striking him the Board (B) by striking his rules and regulations the rules and regulations of the Board (C) by striking his jurisdiction the jurisdiction of the Bureau of Consumer Financial Protection (10) in section 1420 ( 15 U.S.C. 1719 (A) by inserting or any member of the Board in any proceeding (B) by striking him the Board or any member of the Board (k) Real estate settlement procedures act of 1974 Section 5 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2604 (1) by striking Director of Board of Directors of (2) by striking Director Board (l) S.A.F.E. mortgage licensing act of 2008 The S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5101 et seq. (1) in section 1503(10) ( 12 U.S.C. 5102(10) (A) in the paragraph heading, by striking Director Board (B) by striking Director Board (2) by striking Director Board (3) in section 1514(b)(5) ( 12 U.S.C. 5113(b)(5) 12 U.S.C. 5113(c)(4)(C) Secretary’s expenses expenses of the Board (4) in the headings of section 1514(c)(1), (c)(4)(A), and (c)(5), by striking director board (5) in the heading of section 1514(d), by striking Director Board (m) Title 44 Section 3513(c) of title 44, United States Code, is amended by striking Director of the Bureau Board of Directors of the Bureau (n) Deeming of name Any reference in a law, regulation, document, paper, or other record of the United States to the Director of the Bureau of Consumer Financial Protection shall be deemed a reference to the Board of Directors of the Bureau of Consumer Financial Protection, unless otherwise specified in this Act. (o) Effective date This section and the amendments made by this section shall take effect on the later of— (1) October 1, 2016; or (2) the date on which not less than 3 persons have been confirmed by the Senate to serve as members of the Board of Directors of the Bureau of Consumer Financial Protection. 638. (a) Financing of sales of agricultural commodities to Cuba Notwithstanding any other provision of law (other than section 908 of the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7207 (b) Definitions In this section: (1) Agricultural commodity The term agricultural commodity 7 U.S.C. 5602 (2) Financing The term financing (c) Conforming amendment Section 908 of the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7207 (1) in the section heading, by striking and financing (2) by striking subsection (b); (3) in subsection (a)— (A) by striking Prohibition (1) In general.— In general.— (B) by redesignating paragraphs (2) and (3) as subsections (b) and (c), respectively, and by moving those subsections, as so redesignated, 2 ems to the left; and (4) by striking paragraph (1) subsection (a) 639. None of the funds made available in this Act may be used, with respect to a State where marijuana is legal for recreational or medicinal purposes, to prohibit or penalize a financial institution solely because the institution provides financial services to an entity that is a manufacturer, producer, or a person that participates in any business or organized activity that— (1) involves handling marijuana or marijuana products; and (2) engages in such activity pursuant to a law established by a State or a unit of local government. 640. (a) The Office of Personnel Management shall provide to each affected individual as defined in subsection (b) complimentary identity protection coverage that— (1) is not less comprehensive than the complimentary identify protection coverage that the Office provided to affected individuals before the date of enactment of this Act; (2) is effective for a period of not less than 10 years; and (3) includes not less than $5,000,000 in identity theft insurance. (b) Definition In this section, the term affected individual (1) the data breach of personnel records of current and former Federal employees, at a network maintained by the Department of the Interior, that was announced by the Office of Personnel Management on June 4, 2015; or (2) the data breach of systems of the Office of Personnel Management containing information related to the background investigations of current, former, and prospective Federal employees, and of other individuals. 641. (a) Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act or any other Act may be used to implement any law, regulation, or policy that prohibits or otherwise restricts travel, or any transaction incident to travel, to or from Cuba by any citizen or legal resident of the United States. (b) Any law, regulation, or policy described in subsection (a) shall cease to have any force or effect on and after the date of the enactment of this Act. (c) Nothing in this section limits the authority of the President to restrict travel described in subsection (a), or any transaction incident to such travel, if such restriction is important to the national security of the United States or to protect human health or welfare. 642. Section 1706(b) of the Cuban Democracy Act of 1992 ( 22 U.S.C. 6005(b) (1) by striking paragraph (1); and (2) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. VII General provisions—government-wide Departments, Agencies, and Corporations (including transfer of funds) 701. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2016 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act ( 21 U.S.C. 802 702. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with subsection 1343(c) of title 31, United States Code, for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement vehicles, protective vehicles, and undercover surveillance vehicles), is hereby fixed at $19,947 except station wagons for which the maximum shall be $19,997: Provided Provided further Provided further Public Law 101–549 Provided further 703. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924. 704. Unless otherwise specified in law during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B) Provided Provided further Provided further Provided further Provided further Provided further Provided further 705. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law. 706. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes: (1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13423 (January 24, 2007), including any such programs adopted prior to the effective date of the Executive order. (2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs. (3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency. 707. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 5 U.S.C. 3109 Provided 708. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. 709. None of the funds made available pursuant to the provisions of this or any other Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. For the purposes of this section, the term office 711. Notwithstanding 31 U.S.C. 1346 712. (a) None of the funds made available by this or any other Act may be obligated or expended by any department, agency, or other instrumentality of the Federal Government to pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is excepted from the competitive service under section 3302 of title 5, United States Code, (pursuant to schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations) unless the head of the applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director of the Office of Personnel Management that the schedule C position occupied by the individual was not created solely or primarily in order to detail the individual to the White House. (b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from an element of the intelligence community (as that term is defined under section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) 713. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who— (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; or (2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1). 714. (a) None of the funds made available in this or any other Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 715. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. 716. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee's home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction. 717. None of the funds made available in this or any other Act may be used to provide any non-public information such as mailing, telephone or electronic mailing lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the House of Representatives and the Senate. 718. No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofore authorized by Congress. 719. (a) In this section, the term agency (1) means an Executive agency, as defined under 5 U.S.C. 105 (2) includes a military department, as defined under section 102 of such title, the Postal Service, and the Postal Regulatory Commission. (b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under 5 U.S.C. 6301(2) 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Federal Accounting Standards Advisory Board (FASAB), shall be available to finance an appropriate share of FASAB administrative costs. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse General Services Administration, Government-wide Policy Provided Provided further Provided further General Services Administration, Government-wide Policy Provided further 722. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. 723. Notwithstanding 31 U.S.C. 1346 Provided 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall comply with any relevant requirements in part 200 of title 2, Code of Federal Regulations: Provided 725. (a) Prohibition of Federal Agency Monitoring of Individuals' Internet Use None of the funds made available in this or any other Act may be used by any Federal agency— (1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site of the agency; or (2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any nongovernmental Internet site. (b) Exceptions The limitations established in subsection (a) shall not apply to— (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; (3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or (4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site. (c) Definitions For the purposes of this section: (1) The term regulatory (2) The term supervisory 726. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. (b) Nothing in this section shall apply to a contract with— (1) any of the following religious plans: (A) Personal Care's HMO; and (B) OSF HealthPlans, Inc.; and (2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs. (c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual's religious beliefs or moral convictions. (d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 727. The United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities. 728. Notwithstanding any other provision of law, funds appropriated for official travel to Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A–126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program. 729. Notwithstanding any other provision of law, none of the funds appropriated or made available under this or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch). 730. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities. 731. Unless otherwise authorized by existing law, none of the funds provided in this or any other Act may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 732. None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act), and regulations implementing that section. 733. (a) In General None of the funds appropriated or otherwise made available by this or any other Act may be used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 395(b) (b) Waivers (1) In general Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of such Secretary if the Secretary determines that the waiver is required in the interest of national security. (2) Report to congress Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress. (c) Exception This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act, or to any task order issued pursuant to such contract. 734. During fiscal year 2016, for each employee who— (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code; or (2) retires under any other provision of subchapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as an incentive to separate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management's average unit cost of processing a retirement claim for the preceding fiscal year. Such amounts shall be available until expended to the Office of Personnel Management and shall be deemed to be an administrative expense under section 8348(a)(1)(B) of title 5, United States Code. 735. (a) None of the funds made available in this or any other Act may be used to recommend or require any entity submitting an offer for a Federal contract to disclose any of the following information as a condition of submitting the offer: (1) Any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate for election for Federal office or to a political committee, or that is otherwise made with respect to any election for Federal office. (2) Any disbursement of funds (other than a payment described in paragraph (1)) made by the entity, its officers or directors, or any of its affiliates or subsidiaries to any person with the intent or the reasonable expectation that the person will use the funds to make a payment described in paragraph (1). (b) In this section, each of the terms contribution expenditure independent expenditure electioneering communication candidate election Federal office 2 U.S.C. 431 et seq. 736. None of the funds made available in this or any other Act may be used to pay for the painting of a portrait of an officer or employee of the Federal government, including the President, the Vice President, a member of Congress (including a Delegate or a Resident Commissioner to Congress), the head of an executive branch agency (as defined in section 133 of title 41, United States Code), or the head of an office of the legislative branch. 737. (a) (1) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2016, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code— (A) during the period from the date of expiration of the limitation imposed by the comparable section for the previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2016, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and (B) during the period consisting of the remainder of fiscal year 2016, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under subparagraph (A) by more than the sum of— (i) the percentage adjustment taking effect in fiscal year 2016 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and (ii) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2016 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section. (2) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which paragraph (1) is in effect at a rate that exceeds the rates that would be payable under paragraph (1) were paragraph (1) applicable to such employee. (3) For the purposes of this subsection, the rates payable to an employee who is covered by this subsection and who is paid from a schedule not in existence on September 30, 2015, shall be determined under regulations prescribed by the Office of Personnel Management. (4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be changed from the rates in effect on September 30, 2015, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this subsection. (5) This subsection shall apply with respect to pay for service performed after September 30, 2015. (6) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this subsection shall be treated as the rate of salary or basic pay. (7) Nothing in this subsection shall be considered to permit or require the payment to any employee covered by this subsection at a rate in excess of the rate that would be payable were this subsection not in effect. (8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. (b) Notwithstanding subsection (a), the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2016 under sections 5344 and 5348 of title 5, United States Code, shall be— (1) not less than the percentage received by employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under sections 5303 and 5304 of title 5, United States Code: Provided Rest of United States (2) effective as of the first day of the first applicable pay period beginning after September 30, 2015. 738. (a) The Vice President may not receive a pay raise in calendar year 2016, notwithstanding the rate adjustment made under section 104 of title 3, United States Code, or any other provision of law. (b) An employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, may not receive a pay rate increase in calendar year 2016, notwithstanding schedule adjustments made under section 5318 of title 5, United States Code, or any other provision of law, except as provided in subsection (g), (h), or (i). This subsection applies only to employees who are holding a position under a political appointment. (c) A chief of mission or ambassador at large may not receive a pay rate increase in calendar year 2016, notwithstanding section 401 of the Foreign Service Act of 1980 ( Public Law 96–465 (d) Notwithstanding sections 5382 and 5383 of title 5, United States Code, a pay rate increase may not be received in calendar year 2016 (except as provided in subsection (g), (h), or (i)) by— (1) a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above level IV of the Executive Schedule; or (2) a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment and paid a rate of basic pay at or above level IV of the Executive Schedule. (e) Any employee paid a rate of basic pay (including any locality-based payments under section 5304 of title 5, United States Code, or similar authority) at or above level IV of the Executive Schedule who serves under a political appointment may not receive a pay rate increase in calendar year 2016, notwithstanding any other provision of law, except as provided in subsection (g), (h), or (i). This subsection does not apply to employees in the General Schedule pay system or the Foreign Service pay system, or to employees appointed under section 3161 of title 5, United States Code, or to employees in another pay system whose position would be classified at GS–15 or below if chapter 51 (f) Nothing in subsections (b) through (e) shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law. (g) A career appointee in the Senior Executive Service who receives a Presidential appointment and who makes an election to retain Senior Executive Service basic pay entitlements under section 3392 of title 5, United States Code, is not subject to this section. (h) A member of the Senior Foreign Service who receives a Presidential appointment to any position in the executive branch and who makes an election to retain Senior Foreign Service pay entitlements under section 302(b) of the Foreign Service Act of 1980 ( Public Law 96–465 (i) Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate increase upon an authorized movement to a different covered position with higher-level duties and a pre-established higher level or range of pay, except that any such increase must be based on the rates of pay and applicable pay limitations in effect on December 31, 2013. (j) Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable pay limitations in effect on December 31, 2013. (k) If an employee affected by subsections (b) through (e) is subject to a biweekly pay period that begins in calendar year 2016 but ends in calendar year 2017, the bar on the employee's receipt of pay rate increases shall apply through the end of that pay period. 739. (a) The head of any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2016 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act during fiscal year 2016 for which the cost to the United States Government was more than $20,000, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this or any other appropriations Act may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this or any other appropriations Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. 740. None of the funds made available in this or any other appropriations Act may be used to increase, eliminate, or reduce funding for a program, project, or activity as proposed in the President's budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act, or unless such change is made pursuant to the reprogramming or transfer provisions of this or any other appropriations Act. 741. None of the funds made available by this or any other Act may be used to implement, administer, enforce, or apply the rule entitled Competitive Area 742. None of the funds appropriated or otherwise made available by this or any other Act may be used to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy. 743. (a) None of the funds appropriated or otherwise made available by this or any other Act may be available for a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 744. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 745. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 746. (a) No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling. Provided (b) A nondisclosure agreement may continue to be implemented and enforced notwithstanding subsection (a) if it complies with the requirements for such agreement that were in effect when the agreement was entered into. (c) No funds appropriated in this or any other Act may be used to implement or enforce any agreement entered into during fiscal year 2014 which does not contain substantially similar language to that required in subsection (a). 747. None of the funds made available by this or any other Act may be used to implement, administer, carry out, modify, revise, or enforce Executive Order 13690 (entitled Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input 748. If, for fiscal year 2016, new budget authority provided in appropriations Acts exceeds the discretionary spending limit for any category set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 due to estimating differences with the Congressional Budget Office, an adjustment to the discretionary spending limit in such category for fiscal year 2016 shall be made by the Director of the Office of Management and Budget in the amount of the excess but the total of all such adjustments shall not exceed 0.2 percent of the sum of the adjusted discretionary spending limits for all categories for that fiscal year. 749. Except as expressly provided otherwise, any reference to this Act VIII General provisions—district of columbia (including transfers of funds) 801. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government. 802. None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. 803. (a) None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2016, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which— (1) creates new programs; (2) eliminates a program, project, or responsibility center; (3) establishes or changes allocations specifically denied, limited or increased under this Act; (4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted; (5) re-establishes any program or project previously deferred through reprogramming; (6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; or (7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate. (b) The District of Columbia government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 7, 2016. 804. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 805. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this section, the term official duties (1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day; (3) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day; (4) at the discretion of the Chief Medical Examiner, an officer or employee of the Office of the Chief Medical Examiner who resides in the District of Columbia and is on call 24 hours a day; (5) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or employee of the Homeland Security and Emergency Management Agency who resides in the District of Columbia and is on call 24 hours a day; (6) the Mayor of the District of Columbia; and (7) the Chairman of the Council of the District of Columbia. 806. (a) None of the Federal funds contained in this Act may be used by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia. (b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits. 807. None of the Federal funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution. 808. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a conscience clause 809. None of the Federal funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest. 810. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District of Columbia government for fiscal year 2016 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures. (b) This section shall apply only to an agency for which the Chief Financial Officer for the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements. 811. No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.42). 812. (a) Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia's enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act. (b) The District of Columbia government is authorized to reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act. (c) The District of Columbia government may not transfer or reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. 813. None of the Federal funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 814. Except as otherwise specifically provided by law or under this Act, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2016 from appropriations of Federal funds made available for salaries and expenses for fiscal year 2016 in this Act, shall remain available through September 30, 2017, for each such account for the purposes authorized: Provided Provided further 815. (a) During fiscal year 2017, during a period in which neither a District of Columbia continuing resolution or a regular District of Columbia appropriation bill is in effect, local funds are appropriated in the amount provided for any project or activity for which local funds are provided in the Fiscal Year 2017 Budget Request Act of 2016 as submitted to Congress (subject to any modifications enacted by the District of Columbia as of the beginning of the period during which this subsection is in effect) at the rate set forth by such Act. (b) Appropriations made by subsection (a) shall cease to be available— (1) during any period in which a District of Columbia continuing resolution for fiscal year 2017 is in effect; or (2) upon the enactment into law of the regular District of Columbia appropriation bill for fiscal year 2017. (c) An appropriation made by subsection (a) is provided under the authority and conditions as provided under this Act and shall be available to the extent and in the manner that would be provided by this Act. (d) An appropriation made by subsection (a) shall cover all obligations or expenditures incurred for such project or activity during the portion of fiscal year 2017 for which this section applies to such project or activity. (e) This section shall not apply to a project or activity during any period of fiscal year 2017 if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. (f) Nothing in this section shall be construed to affect obligations of the government of the District of Columbia mandated by other law. 816. (a) This section may be cited as the D.C. Opportunity Scholarship Program School Certification Requirements Act (b) Section 3007(a) of the Scholarships for Opportunity and Results Act ( Public Law 112–10 (1) in paragraph (4)— (A) in subparagraph (E), by striking and (B) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (G) (i) is provisionally or fully accredited by a national or regional accrediting agency that is recognized in the District of Columbia School Reform Act of 1995 (sec. 38–1802.02(16)(A)–(G), D.C. Official Code) or any other accrediting body deemed appropriate by the Office of the State Superintendent for Schools for the purposes of accrediting an elementary or secondary school; or (ii) in the case of a school that is a participating school as of the day before the date of enactment of the D.C. Opportunity Scholarship Program School Certification Requirements Act and, as of such day, does not meet the requirements of clause (i)— (I) by not later than 1 year after such date of enactment, is pursuing accreditation by a national or regional accrediting agency recognized in the District of Columbia School Reform Act of 1995 (sec. 38–1802.02(16)(A)–(G), D.C. Official Code) or any other accrediting body deemed appropriate by the Office of the State Superintendent for Schools for the purposes of accrediting an elementary or secondary school; and (II) by not later than 5 years after such date of enactment, is provisionally or fully accredited by such accrediting agency, except that an eligible entity may grant not more than one 1-year extension to meet this requirement for each participating school that provides evidence to the eligible entity from such accrediting agency that the school’s application for accreditation is in process and the school will be awarded accreditation before the end of the 1-year extension period; (H) conducts criminal background checks on school employees who have direct and unsupervised interaction with students; and (I) complies with all requests for data and information regarding the reporting requirements described in section 3010. ; and (2) by adding at the end the following: (5) New participating schools If a school is not a participating school as of the date of enactment of the D.C. Opportunity Scholarship Program School Certification Requirements Act, the school shall not become a participating school and none of the funds provided under this division for opportunity scholarships may be used by an eligible student to enroll in that school unless the school— (A) is actively pursuing provisional or full accreditation by a national or regional accrediting agency that is recognized in the District of Columbia School Reform Act of 1995 (sec. 38–1802.02(16)(A)–(G), D.C. Official Code) or any other accrediting body deemed appropriate by the Office of the State Superintendent for Schools for the purposes of accrediting an elementary or secondary school; and (B) meets all of the other requirements for participating schools under this Act. (6) Enrolling in another school An eligible entity shall assist the parents of a participating eligible student in identifying, applying to, and enrolling in an another participating school for which opportunity scholarship funds may be used, if— (A) such student is enrolled in a participating private school and may no longer use opportunity scholarship funds for enrollment in that participating private school because such school fails to meet a requirement under paragraph 4, or any other requirement of this Act; or (B) a participating eligible student is enrolled in a school that ceases to be a participating school. . (c) Report to eligible entities Section 3010 of the Scholarships for Opportunity and Results Act ( Public Law 112–10 (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Reports to eligible entities The eligible entity receiving funds under section 3004(a) shall ensure that each participating school under this division submits to the eligible entity beginning not later than 5 years after the date of the enactment of the D.C. Opportunity Scholarship Program School Certification Requirements Act, a certification that the school has been awarded provisional or full accreditation, or has been granted an extension by the eligible entity in accordance with section 3007(a)(4)(G). . (d) Unless specifically provided otherwise, this section, and the amendments made by this section, shall take effect 1 year after the date of enactment of this Act. 817. Subparagraph (G) of section 3(c)(2) of the District of Columbia College Access Act of 1999 ( Public Law 106–98 (1) by inserting after (G) (i) for individuals who began an undergraduate course of study prior to school year 2015–2016, (2) by inserting the following before the period at the end: and (ii) for individuals who begin an undergraduate course of study in or after school year 2016–2017, is from a family with a taxable annual income of less than $450,000. Beginning with school year 2017–2018, the Mayor shall adjust the amounts in clauses (i) and (ii) for inflation, as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor 818. Except as expressly provided otherwise, any reference to this Act IX Financial Regulatory Improvements 901. Short title This title may be cited as the Financial Regulatory Improvement Act of 2015 A Regulatory relief and protection of consumer access to credit 902. Exception to annual written privacy notice requirement under the Gramm-Leach-Bliley Act Section 503 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6803 (f) Exception to annual written notice requirement (1) In general A financial institution described in paragraph (2) shall not be required to provide an annual written disclosure under this section until such time as the financial institution fails to comply with subparagraph (A), (B), or (C) of paragraph (2). (2) Covered institutions A financial institution described in this paragraph is a financial institution that— (A) provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of section 502 or regulations prescribed under section 504(b); (B) has not changed its policies and practices with respect to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section; and (C) otherwise provides customers access to such most recent disclosure in electronic or other form permitted by regulations prescribed under section 504. . 903. Privately insured credit unions authorized to become members of a Federal Home Loan Bank (a) In general Section 4(a) of the Federal Home Loan Bank Act ( 12 U.S.C. 1424(a) (5) Certain privately insured credit unions (A) In general Subject to the requirements of subparagraph (B), a credit union that lacks insurance of its member accounts under Federal law shall be treated as an insured depository institution for purposes of this Act. (B) Certification by appropriate State supervisor For purposes of this paragraph, a credit union that lacks insurance of its member accounts under Federal law and that has applied for membership in a Federal Home Loan Bank shall be treated as an insured depository institution if the following has occurred: (i) Determination by State supervisor of the credit union (I) In general Subject to subclause (II), the appropriate supervisor of the State in which the credit union is chartered has determined that the credit union meets all the eligibility requirements under section 201(a) of the Federal Credit Union Act ( 12 U.S.C. 1781(a) (II) Certification deemed valid In the case of any credit union to which subclause (I) applies, if the appropriate supervisor of the State in which such credit union is chartered fails to make the determination required pursuant to such subclause by the end of the 12-month period beginning on the date on which the application is submitted to the supervisor, the credit union shall be deemed to have met the requirements of subclause (I). (ii) Determination by State supervisor of the private deposit insurer The licensing entity of the private deposit insurer that is insuring the member accounts of the credit union— (I) receives, on an annual basis, an independent actuarial opinion that the private insurer has set aside sufficient reserves for losses; and (II) obtains, as frequently as appropriate, but not less frequently than once every 36 months, a study by an independent actuary on the capital adequacy of the private insurer. (iii) Submission of financial information The credit union or the appropriate supervisor of the State in which the credit union is chartered makes available, and continues to make available for such time as the credit union is a member of a Federal Home Loan Bank, to the Federal Housing Finance Agency or to the Federal Home Loan Bank all reports, records, and other information related to any examination or inquiry performed by the supervisor concerning the financial condition of the credit union, as soon as is practicable. (C) Security interests of Federal Home Loan Bank not avoidable Notwithstanding any provision of State law authorizing a conservator or liquidating agent of a credit union to repudiate contracts, no such provision shall apply with respect to— (i) any extension of credit from any Federal Home Loan Bank to any credit union that is a member of any such bank pursuant to this paragraph; or (ii) any security interest in the assets of such a credit union securing any such extension of credit. (D) Protection for certain Federal Home Loan Bank advances Notwithstanding any State law to the contrary, if a Bank makes an advance under section 10 to a State-chartered credit union that is not federally insured— (i) the interest of the Bank in any collateral securing the advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally insured credit union; and (ii) the Bank has the same right to access such collateral that the Bank would have had if the advance had been made to a federally insured credit union. . (b) Copies of audits of private insurers of certain depository institutions required to be provided to supervisory agencies Section 43(a)(2)(A) of the Federal Deposit Insurance Act ( 12 U.S.C. 1831t(a)(2)(A) (1) in clause (i), by striking ; and (2) in clause (ii), by striking the period at the end and inserting ; and (3) by adding at the end the following: (iii) in the case of depository institutions described in subsection (e)(2)(A), the member accounts of which are insured by the private deposit insurer, which are members of a Federal home loan bank, to the Federal Housing Finance Agency, not later than 7 days after the audit is completed. . (c) GAO Report Not later than 18 months after the date of enactment of this title, the Comptroller General of the United States shall conduct a study and submit to Congress a report on— (1) the adequacy of insurance reserves held by any private deposit insurer that insures the member accounts of any entity described in section 43(e)(2)(A) of the Federal Deposit Insurance Act ( 12 U.S.C. 1831t(e)(2)(A) (2) for any entity described in paragraph (1), the member accounts of which are insured by a private deposit insurer, the level of compliance with Federal regulations relating to the disclosure of a lack of Federal deposit insurance. 904. Designation of rural area (a) Application Not later than 90 days after the date of enactment of this title, the Bureau of Consumer Financial Protection shall establish an application process under which a person who lives or does business in a State may, with respect to an area identified by the person in the State that has not been designated by the Bureau of Consumer Financial Protection as a rural area for purposes of a Federal consumer financial law (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 (b) Evaluation criteria In evaluating an application submitted under subsection (a), the Bureau of Consumer Financial Protection shall take into consideration the following factors: (1) Criteria used by the Director of the Bureau of the Census for classifying geographical areas as rural or urban. (2) Criteria used by the Director of the Office of Management and Budget to designate counties as metropolitan, micropolitan, or neither. (3) Criteria used by the Secretary of Agriculture to determine property eligibility for rural development programs. (4) The Department of Agriculture rural-urban commuting area codes. (5) A written opinion provided by the State bank supervisor (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (6) Population density. (c) Rule of construction If, at any time before the date on which an application is submitted under subsection (a), the area subject to review has been designated as nonrural by any Federal agency described in subsection (b) using any of the criteria described in that subsection, the Bureau of Consumer Financial Protection shall not be required to consider such designation in its evaluation. (d) Public comment period (1) In general Not later than 60 days after the date on which an application submitted under subsection (a) is received, the Bureau of Consumer Financial Protection shall— (A) publish the application on the website of the Bureau of Consumer Financial Protection; and (B) make the application available for public comment for not fewer than 90 days. (2) Limitation on additional applications Nothing in this section shall be construed to require the Bureau of Consumer Financial Protection, during the public comment period described in paragraph (1) with respect to an application submitted under subsection (a), to accept an additional application with respect to the area that is the subject of the initial application. (e) Decision on designation Not later than 90 days after the end of the public comment period described in subsection (d)(1), the Bureau of Consumer Financial Protection shall— (1) grant or deny such application, in whole or in part; and (2) publish such grant or denial in the Federal Register, along with an explanation of the factors on which the Bureau of Consumer Financial Protection relied in making such decision. (f) Subsequent applications A decision by the Bureau under subsection (e) to deny an application for an area to be designated as a rural area shall not preclude the Bureau of Consumer Financial Protection from accepting a subsequent application submitted under subsection (a) for the area to be so designated if the subsequent application is submitted after the date on which the 90-day period beginning on the date on which the Bureau of Consumer Financial Protection denies the application under subsection (e) expires. (g) Operations in rural areas The Truth in Lending Act ( 15 U.S.C. 1601 et seq. (1) in section 129C(b)(2)(E)(iv)(I) ( 15 U.S.C. 1639c(b)(2)(E)(iv)(I) predominantly (2) in section 129D(c)(1) ( 15 U.S.C. 1639d(c)(1) predominantly 905. Independent Examination Review (a) In general The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. 1012. Office of Independent Examination Review (a) Establishment There is established in the Council an Office of Independent Examination Review. (b) Head of office (1) Establishment There is established the position of the Director as the head of the Office of Independent Examination Review, who shall be appointed by the Council for a term of 5 years. (2) Removal (A) In general The President may remove the Director from office. (B) Congressional notification Not later than 30 days after the date on which the Director is removed from office under subparagraph (A), the President shall submit to Congress a written notification describing the reasons for the removal. (c) Staffing The Director may hire staff to support the activities of the Office of Independent Examination Review. (d) Duties The Director shall— (1) receive and, at the discretion of the Director, investigate complaints from financial institutions, representatives of financial institutions, or any other entity acting on behalf of financial institutions, concerning examinations, examination practices, or examination reports; (2) hold meetings, not less than once every 90 days and in locations designed to encourage participation from all regions of the United States, with financial institutions, representatives of financial institutions, or any other entity acting on behalf of financial institutions, to discuss examination procedures, examination practices, or examination policies; (3) review examination procedures of the Federal financial institutions regulatory agencies to ensure that the written examination policies of the agencies are being followed in practice and adhere to the standards for consistency established by the Council; (4) conduct a continuing and regular program of examination quality assurance for all types of examinations conducted by the Federal financial institutions regulatory agencies; and (5) submit to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, and the Council an annual report on the reviews carried out pursuant to paragraphs (3) and (4), including recommendations for improvements in examination procedures, practices, and policies. (e) Confidentiality The Director shall keep confidential— (1) all meetings, discussions, and information provided by financial institutions; and (2) any confidential or privileged information provided by a Federal financial institutions regulatory agency. (f) Funding; budget (1) In general One-fifth of the costs and expenses of the Office of Independent Examination Review, including the salaries of its employees, shall be paid by each of the Federal financial institutions regulatory agencies, which shall be based on the budget submitted under paragraph (2). (2) Budget Not later than April 15 of each fiscal year, the Director shall submit to the Council a projected budget for the Office of Independent Examination Review for the following fiscal year. . (b) Definitions Section 1003 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3302 (1) by striking paragraph (1) and inserting the following: (1) the term Federal financial institutions regulatory agencies ; (2) in paragraph (2), by striking ; and (3) in paragraph (3), by striking the semicolon and inserting ; and (4) by adding at the end the following: (4) the term Director . (c) Federal banking agency ombudsman (1) In general Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4806 (A) in the first sentence of subsection (a), by inserting , the Bureau of Consumer Financial Protection, Federal banking agency (B) in subsection (b)— (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (ii) in the matter preceding subparagraph (A), as so redesignated, by striking In establishing (1) In general In establishing ; (iii) in paragraph (1)(B), as so redesignated, by striking the appellant from retaliation by agency examiners the insured depository institution or insured credit union from retaliation by an agency referred to in subsection (a) (iv) by adding at the end the following: (2) Retaliation For purposes of this subsection and subsection (e), retaliation includes delaying consideration of, or withholding approval of, any request, notice, or application that otherwise would have been approved, but for the exercise of the rights of the insured depository institution or insured credit union under this section. ; and (C) in subsection (e)(2)— (i) in subparagraph (B), by striking ; and (ii) in subparagraph (C), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (D) ensure that appropriate safeguards exist for protecting the insured depository institution or insured credit union from retaliation by any appropriate Federal banking agency for exercising the rights of the insured depository institution or insured credit union under this subsection. . (2) Effect Nothing in this subsection shall be construed to affect the authority of an appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (d) Federal Credit Union Act Section 205(j) of the Federal Credit Union Act ( 12 U.S.C. 1785(j) the Bureau of Consumer Financial Protection, the Administration (e) Federal Financial Institutions Examination Council Act Section 1005 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3304 One-fifth One-fourth 906. Confidentiality of information shared between State and Federal financial services regulators Section 1512(a) of the S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5111(a) or financial services industry 907. Safe harbor for certain loans held in portfolio (a) In general Section 129C of the Truth in Lending Act ( 15 U.S.C. 1639c (j) Safe harbor for certain loans held in portfolio (1) Definitions In this section— (A) the term appropriate Federal banking agency 12 U.S.C. 1813 (B) the term depository institution 12 U.S.C. 461(b)(1) (C) the term financial institution regulator (2) Safe harbor for creditors (A) In general A creditor shall not be subject to suit for failure to comply with subsection (a), (c)(1), or (f)(2) of this section or section 129H with respect to a residential mortgage loan, and the financial institution regulators shall treat such loan as a qualified mortgage, if— (i) (I) the creditor has, since the origination of the loan, held the loan on the balance sheet of the creditor; or (II) any person acquiring the loan has continued to hold the loan on the balance sheet of the person; (ii) the loan has not been acquired through a securitization; (iii) all prepayment penalties with respect to the loan comply with the limitations described in subsection (c)(3); (iv) the loan does not have— (I) negative amortization; (II) interest-only features; or (III) a loan term of more than 30 years; and (v) the creditor has documented the consumer’s— (I) income; (II) employment; (III) assets; and (IV) credit history. (B) Exception for certain transfers In the case of a depository institution that transfers a loan originated by that institution to another depository institution by reason of the bankruptcy or failure of the originating depository institution or the purchase of the originating depository institution, the depository institution acquiring the loan shall be deemed to have complied with the requirement under subparagraph (A)(i). . (b) Reviewing the portfolio of systemically important banks Section 18(o) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(o) (5) Systemically important bank review The appropriate Federal banking agency shall periodically review the mortgage portfolio or targeted segments of the portfolios of a bank subject to a determination under section 113A(a) of the Financial Stability Act of 2010 if— (A) there is elevated risk; (B) there is an increase in delinquency and loss rates; (C) there are new lines of business; (D) there are new acquisition channels; (E) there is rapid growth; or (F) an internal audit is inadequate. . (c) Rule of construction Nothing in the amendment made by subsection (a) shall be construed to prevent a balloon loan from qualifying for the safe harbor provided under section 129C(j) of the Truth in Lending Act, as added by subsection (a), if the balloon loan otherwise meets all of the requirements under subsection (j) of that section, regardless of whether the balloon loan meets the requirements described under clauses (i) through (iv) of section 129C(b)(2)(E) of that Act ( 12 U.S.C. 129C(b)(2)(E) 908. Protecting consumer access to mortgage credit (a) Definition of high-cost mortgage Section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 (1) by redesignating subsections (aa) and (bb) as subsections (bb) and (aa), respectively, and moving subsection (bb), as so redesignated, after subsection (aa), as so redesignated; and (2) in subsection (aa)(4), as so redesignated— (A) in the matter preceding subparagraph (A), by striking paragraph (1)(B) paragraph (1)(A) and section 129C (B) in subparagraph (C)— (i) in the matter preceding clause (i), by inserting and insurance taxes (ii) in clause (iii), by striking ; and (C) in subparagraph (D)— (i) by striking accident, (ii) by striking or any payments and any payments (b) Rulemaking Not later than 90 days after the date of enactment of this title, the Bureau of Consumer Financial Protection shall promulgate regulations to carry out the amendments made by subsection (a)(2). (c) Study and report on consumer access to mortgage credit (1) Study required The Comptroller General of the United States shall conduct a study to determine the effects that the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. (A) on the mortgage market for mortgages that are not qualified mortgages; (B) on the ability of prospective homebuyers to obtain financing, including first-time homebuyers; (C) on the ability of homeowners facing resets or adjustments to refinance, including whether homeowners have fewer refinancing options due to the unavailability of certain loan products that were available before the date of enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. (D) on the ability of minorities to access affordable credit compared with other prospective borrowers; (E) on home sales and construction; (F) of extending any right of rescission on adjustable rate loans and the impact of the right of rescission on litigation; (G) of any State foreclosure law and the ability of investors to transfer a property after foreclosure; (H) of expanding the existing provisions of the Home Ownership and Equity Protection Act of 1994 ( 15 U.S.C. 1601 (I) of prohibiting prepayment penalties on high-cost mortgages; (J) of establishing counseling services under the Department of Housing and Urban Development and offered through the Office of Housing Counseling; and (K) on the differences in title insurance premiums and ancillary charges paid by low- and moderate-income consumers to affiliates of mortgage lenders to purchase title insurance versus title insurance premiums and ancillary charges paid by low- and moderate-income consumers to unaffiliated title agencies or attorneys to purchase title insurance in those markets in which both affiliated and unaffiliated mortgage lenders compete. (2) Report Not later than 1 year after the date of enactment of this title, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes— (A) the findings and conclusions of the Comptroller General with respect to the study conducted under paragraph (1); and (B) any recommendations for legislative or regulatory actions that— (i) would enhance the access of a consumer to mortgage credit; (ii) is consistent with consumer protections and safe and sound banking operations; and (iii) would address any negative effects on mortgage credit and mortgage availability identified in the study. 909. Protecting access to manufactured homes (a) Mortgage originator definition Section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 (1) by redesignating the second subsection designated as subsection (cc) and subsection (dd) as subsections (dd) and (ee), respectively; and (2) in subsection (dd)(2)(C), as so redesignated, by striking an employee of a retailer of manufactured homes who is not described in clause (i) or (iii) of subparagraph (A) and who does not advise a consumer on loan terms (including rates, fees, and other costs) a retailer of manufactured or modular homes or its employees, unless such retailer or its employees receive compensation or gain for engaging in activities described in subparagraph (A) that is in excess of any compensation or gain received in a comparable cash transaction (b) High-Cost mortgage definition Section 103(aa)(1)(A) of the Truth in Lending Act ( 15 U.S.C. 1602(aa)(1)(A) (1) in clause (i)(I), by striking (8.5 percentage points, if the dwelling is personal property and the transaction is for less than $50,000) (10 percentage points, if the dwelling is personal property or is a transaction that does not include the purchase of real property on which a dwelling is to be placed, and the transaction is for less than $75,000 (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index)) (2) in clause (ii)— (A) in subclause (I), by striking ; or (B) by adding at the end the following: (III) in the case of a transaction for less than $75,000 (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index) in which the dwelling is personal property (or is a consumer credit transaction that does not include the purchase of real property on which a dwelling is to be placed), the greater of 5 percent of the total transaction amount or $3,000 (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index); or . 910. Streamlining bank exams Section 10(d) of the Federal Deposit Insurance Act ( 12 U.S.C. 1820(d) (1) in paragraph (4)(A), by striking $500,000,000 $1,000,000,000 (2) in paragraph (10), by striking $500,000,000 $1,000,000,000 911. Adjustments for changes in gross domestic product (a) Commodity Exchange Act Section 2(h)(7)(C)(ii) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(C)(ii) (as such amount is adjusted annually by the Commission to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) $10,000,000,000 (b) Consumer Financial Protection Bureau examination and reporting threshold (1) Increase in the examination threshold Section 1025(a) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5515(a) $10,000,000,000 $50,000,000,000 (as such amount is adjusted annually by the Commission to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) (2) Increase in the reporting threshold Section 1026(a) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5516(a) $10,000,000,000 $50,000,000,000 (as such amount is adjusted annually by the Commission to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) (3) Effective date This subsection and the amendments made by this subsection shall take effect on the date that is 45 days after the date of enactment of this title. (c) Securities Exchange Act of 1934 Section 3C(g)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c–3(g)(3)(B) (as such amount is adjusted annually by the Commission to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) $10,000,000,000 (d) Electronic Fund Transfer Act Section 920(a)(6)(A) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–2(a)(6)(A) (as such amount is adjusted annually by the Board to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) $10,000,000,000 (e) Enhancing Financial Institution Safety and Soundness Act of 2010 Section 334(e) of the Enhancing Financial Institution Safety and Soundness Act of 2010 (title III of Public Law 111–203 (as such amount is adjusted annually by the Corporation to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) $10,000,000,000 (f) Investor Protection and Securities Reform Act of 2010 Section 956(f) of the Investor Protection and Securities Reform Act of 2010 ( 15 U.S.C. 5641(f) (as such amount is adjusted annually by the appropriate Federal regulator to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) $1,000,000,000 912. Study on the privacy risks of government publication of personal financial data Section 304 of the Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2803 (1) in subsection (n), by inserting Such data shall not be publicly disclosed by the Bureau or a depository institution before the date on which the report is submitted under subsection (o)(2). (2) by adding at the end the following: (o) Study and report to Congress (1) Study required The Comptroller General of the United States shall conduct a study to determine whether the data published under this Act, in connection with other publicly available data sources, could allow for or increase the probability of— (A) exposure of the identity of mortgage applicants or mortgagors through reverse engineering; (B) exposure of mortgage applicants or mortgagors to identity theft or the loss of sensitive personal financial information; (C) the marketing or sale of unfair, deceptive, or abusive financial products to mortgage applicants or mortgagors based on the data published under this Act; (D) personal financial loss or emotional distress resulting from the exposure of mortgage applicants or mortgagors to identify theft or the loss of sensitive personal financial information; and (E) the potential legal liability facing the Bureau and market participants in the event the published data leads or contributes to identity theft or the capture of sensitive personal financial information. (2) Report Not later than 1 year after the date of enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes— (A) the findings and conclusions of the Comptroller General with respect to the study conducted under paragraph (1); and (B) any recommendations for legislative or regulatory actions that— (i) would enhance the privacy of a consumer when accessing mortgage credit; and (ii) are consistent with consumer protections and safe and sound banking operations. . 913. Ensuring the reporting of appraisal misconduct Section 129E of the Truth in Lending Act ( 15 U.S.C. 1639e (1) in subsection (e)— (A) by striking Any mortgage lender (1) In general Any mortgage lender ; and (B) by adding at the end the following: (2) Limitation on civil liability No person may be held civilly liable under any provision of Federal, State, or other law for a disclosure made in good faith pursuant to this section. ; and (2) in subsection (k), by adding at the end the following: (4) Applicability This subsection shall not apply to subsection (e). . 914. Mutual holding company dividend waivers Notwithstanding the rule of the Board of Governors of the Federal Reserve System regarding Mutual Holding Company Dividend Waivers in section 239.63 of title 12, Code of Federal Regulations (or any successor thereto), grandfathered mutual holding companies and all other mutual holding companies shall be permitted to waive the receipt of dividends declared on the common stock of their bank or mid-size holding companies. 915. Safeguarding access to habitat for humanity homes Section 129E(i)(2) of the Truth in Lending Act ( 15 U.S.C. 1639e(i)(2) (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (2) in the matter preceding clause (i), as so redesignated, by striking For purposes of (A) In general For purposes of ; and (3) by adding at the end the following: (B) Rule of construction related to appraisal donations In the case of an appraisal for which the appraiser voluntarily does not receive a fee, the appraiser is not, and shall not be construed to be, with respect to the donated appraisal, a fee appraiser for purposes of this section. . 916. Clarifying the applicability of section 13(h)(1) of the Bank Holding Company Act of 1956 (a) In general Section 13(h)(1) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851(h)(1) (1) in subparagraph (D), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (2) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively, and adjusting the margins accordingly; (3) by striking institution that functions solely in a trust or fiduciary capacity, if— (A) that functions solely in a trust or fiduciary capacity, if— ; and (4) by striking the period at the end and inserting the following: “; or (B) with total consolidated assets of $10,000,000,000 or less if such institution is not controlled by a company with total consolidated assets of more than $10,000,000,000 (as such amounts are adjusted annually by the Board to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce). . (b) Reservation of authority Section 13 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851 (i) Reservation of authority for certain insured depository institutions (1) In general Notwithstanding subsection (h)(1)(B), the appropriate Federal banking agency for an insured depository institution with total consolidated assets of $10,000,000,000 or less may apply the prohibitions and restrictions of this section to the activities of the insured depository institution that, but for subsection (h)(1)(B), would be subject to the prohibitions and restrictions of this section if the appropriate Federal banking agency determines that those activities— (A) are inconsistent with traditional banking activities; or (B) due to their nature or volume, pose a risk to the safety and soundness of the insured depository institution. (2) Notice and response Each of the appropriate Federal banking agencies shall establish a procedure for providing notice to an insured depository institution of a determination under paragraph (1) and an opportunity for response. . 917. Study of mortgage servicing assets (a) Definitions In this section: (1) Banking institution The term banking institution (2) Basel III capital requirements The term Basel III capital requirements (3) Federal banking agencies The term Federal banking agencies (4) Mortgage servicing assets The term mortgage servicing assets (5) NCUA capital requirements The term NCUA capital requirements Risk-Based Capital (6) Other definitions (A) Banking definitions The terms bank holding company insured depository institution savings and loan holding company 12 U.S.C. 1813 (B) Credit union definitions The terms Federal credit union State credit union 12 U.S.C. 1752 (b) Study of the appropriate capital for mortgage servicing assets (1) In general The Federal banking agencies shall jointly conduct a study of the appropriate capital requirements for mortgage servicing assets for banking institutions. (2) Issues to be studied The study required under paragraph (1) shall include, with a specific focus on banking institutions— (A) the risk to banking institutions of holding mortgage servicing assets; (B) the history of the market for mortgage servicing assets, including in particular the market for those assets in the period of the financial crisis; (C) the ability of banking institutions to establish a value for mortgage servicing assets of the institution through periodic sales or other means; (D) regulatory approaches to mortgage servicing assets and capital requirements that may be used to address concerns about the value of and ability to sell mortgage servicing assets; (E) the impact of imposing the Basel III capital requirements and the NCUA capital requirements on banking institutions on the ability of those institutions— (i) to compete in the mortgage servicing business, including the need for economies of scale to compete in that business; and (ii) to provide service to consumers to whom the institutions have made mortgage loans; (F) an analysis of what the mortgage servicing marketplace would look like if the Basel III capital requirements and the NCUA capital requirements on mortgage servicing assets— (i) were fully implemented; and (ii) applied to both banking institutions and nondepository residential mortgage loan servicers; (G) the significance of problems with mortgage servicing assets, if any, in banking institution failures and problem banking institutions, including specifically identifying failed banking institutions where mortgage servicing assets contributed to the failure; and (H) an analysis of the relevance of the Basel III capital requirements and the NCUA capital requirements on mortgage servicing assets to the banking systems of other significantly developed countries. (3) Report to congress Not later than 180 days after the date of enactment of this title, the Federal banking agencies shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing— (A) the results of the study required under paragraph (1); (B) any analysis on the specific issue of mortgage servicing assets undertaken by the Federal banking agencies before finalizing regulations implementing the Basel III capital requirements and the NCUA capital requirements; and (C) any recommendations for legislative or regulatory actions that would address concerns about the value of and ability to sell and the ability of banking institutions to hold mortgage servicing assets. 918. No wait for lower mortgage rates (a) In general Section 129(b) of the Truth in Lending Act ( 15 U.S.C. 1639(b) (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) No wait for lower rate If a creditor extends to a consumer a second offer of credit with a lower annual percentage rate, the transaction may be consummated without regard to the period specified in paragraph (1). . (b) Safe harbor for good faith compliance with TILA-RESPA integrated disclosure rule Section 1032(f) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5532(f) (1) by striking Not later than (1) In general Not later than ; and (2) by adding at the end the following: (2) Safe harbor for good faith compliance (A) Safe harbor Notwithstanding any other provision of law, during the period described in subparagraph (B), an entity that provides the disclosures required under the Truth in Lending Act ( 15 U.S.C. 1601 et seq. (B) Applicable period Subparagraph (A) shall apply to an entity during the period beginning on the date of enactment of this paragraph and ending on the date that is 30 days after the date on which a certification by the Director that the model disclosures required under paragraph (1) are accurate and in compliance with all State laws is published in the Federal Register. . 919. Eliminating barriers to jobs for loan originators (a) In general The S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5101 et seq. 1518. Employment transition (a) Temporary license for persons moving from a financial institution to a non-bank originator A registered loan originator shall be deemed to be a State-licensed loan originator for the 120-day period beginning on the date on which a State-licensed mortgage lender, mortgage banker, or mortgage servicer that is not a depository institution registers with the Nationwide Mortgage Licensing System and Registry that the registered loan originator is employed by the State-licensed mortgage lender, mortgage banker, or mortgage servicer, as applicable. (b) Temporary license for persons moving interstate A registered loan originator or State-licensed loan originator in 1 State shall be deemed to be a State-licensed loan originator in another State for the 120-day period beginning on the date on which a State-licensed mortgage lender, mortgage banker, or mortgage servicer in that State registers with the Nationwide Mortgage Licensing System and Registry that the registered loan originator or State-licensed loan originator is employed by the State-licensed mortgage lender, mortgage banker, or mortgage servicer, as applicable. (c) Federal and State recognition The registration provided under subsections (a) and (b) shall fulfill any licensing or registration requirement for a loan originator under section 1504 and any State law or regulation. . (b) Technical and conforming amendment The table of contents for the Housing and Economic Recovery Act of 2008 ( Public Law 110–289 Sec. 1518. Employment transition. . 920. Short form call reports Section 7(a) of the Federal Deposit Insurance Act ( 12 U.S.C. 1817(a) (12) Short form reporting (A) Review of reports of condition The appropriate Federal banking agencies shall jointly review the information and schedules that are required to be filed by an insured depository institution in a report of condition required under paragraph (3). As part of this review, the appropriate Federal banking agencies shall jointly— (i) establish guiding principles for determining the appropriateness of information and schedules collected in a report of condition; and (ii) consistent with the principles established under clause (i), consider and document the need for each data item collected, the frequency with which each data item will be collected, and the population of insured depository institutions from which each data item is required. (B) Development of short form reports of condition After completing the review required under subparagraph (A), the appropriate Federal banking agencies shall jointly develop, to the extent appropriate, 1 or more report of condition forms that reduce or eliminate information or schedules required to be filed by an insured depository institution in a report of condition required under paragraph (3). Such form or forms shall, as determined by the appropriate Federal banking agencies, be appropriate for the size and complexity of the insured depository institution. (C) Reports to Congress Not later than 180 days after the date of enactment of this paragraph, and every 180 days thereafter until the appropriate Federal banking agencies have jointly completed the requirements under subparagraphs (A) and (B), the appropriate Federal banking agencies shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report describing the progress made concerning the completion of such responsibilities. . 921. Application of the Expedited Funds Availability Act (a) In general The Expedited Funds Availability Act ( 12 U.S.C. 4001 et seq. (1) in section 602 ( 12 U.S.C. 4001 (A) in paragraph (20), by inserting , located in the United States, ATM (B) in paragraph (21), by inserting American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, (C) in paragraph (23), by inserting American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, (2) in section 603(d)(2)(A) ( 12 U.S.C. 4002(d)(2)(A) American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, (b) Effective date The amendments made by subsection (a) shall take effect on January 1, 2016. 922. Application of the Federal Advisory Committee Act Section 1013 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5493 (h) Application of FACA Notwithstanding any provision of the Federal Advisory Committee Act (5 U.S.C. App.), such Act shall apply to each advisory committee of the Bureau and each subcommittee of such an advisory committee. . 923. Budget transparency for the NCUA Section 209(b) of the Federal Credit Union Act ( 12 U.S.C. 1789 (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) by inserting before paragraph (2), as so redesignated, the following: (1) on an annual basis and prior to the submission of the detailed business-type budget required under paragraph (2)— (A) make publicly available and cause to be printed in the Federal Register a draft of the detailed business-type budget; and (B) hold a public hearing, with public notice provided of the hearing, wherein the public may submit comments on the draft of the detailed business-type budget; ; and (3) in paragraph (2), as so redesignated— (A) by inserting detailed submit a (B) by inserting , which shall address any comment submitted by the public under paragraph (1)(B) Control Act 924. Date for determining consolidated assets Section 171(b)(4)(C) of the Financial Stability Act of 2010 ( 12 U.S.C. 5371(b)(4)(C) or March 31, 2010, December 31, 2009, 925. FHLB membership (a) FHLB membership proposed rule (1) Definitions In this subsection: (A) Community development financial institution The term community development financial institution 12 U.S.C. 4702 (B) Covered proposed rule The term covered proposed rule Members of Federal Home Loan Banks (C) Other terms from the Federal Home Loan Bank Act The terms community financial institution Federal Home Loan Bank Federal Home Loan Bank System 12 U.S.C. 1422 (2) Withdrawal of proposed rule Not later than 30 days after the date of enactment of this title, the Federal Housing Finance Agency shall withdraw the covered proposed rule. (3) GAO study and report on proposed rule (A) Study (i) In general The Comptroller General of the United States shall conduct a study on the impact that the covered proposed rule would have, if adopted as proposed, on— (I) the ability of the Federal Home Loan Banks to fulfill the mandate to provide liquidity to support housing finance and economic and community development; (II) the safety and soundness of the Federal Home Loan Bank System; (III) the liquidity needs of financial intermediaries; (IV) the stability of the Federal Home Loan Bank System; (V) the benefits of a diverse membership base for Federal Home Loan Banks; and (VI) the ability of member institutions to rely on access to Federal Home Loan Bank advances. (ii) Considerations In conducting the study under clause (i), the Comptroller General of the United States shall consider— (I) the comment letters submitted in response to the notice of proposed rulemaking for the covered proposed rule; (II) the legislative and administrative history of the Federal Home Loan Bank membership rules; (III) the burden placed on community financial institutions and community development financial institutions; and (IV) the legal authority of the Federal Housing Finance Agency to exclude from membership any class or category of insurance companies. (B) Report Not later than 1 year after the date of enactment of this title, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the findings of the study conducted under subparagraph (A)(i). (b) Credit union parity for FHLB membership eligibility Section 2(10)(A)(i) of the Federal Home Loan Bank Act ( 12 U.S.C. 1422(10)(A)(i) (i) the deposits of which— (I) are insured under the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. (II) are insured under or eligible to be insured under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. . 926. Ensuring a comprehensive regulatory review Section 2222 of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 ( 12 U.S.C. 3311 (1) in subsection (a)— (A) by striking each appropriate Federal banking agency represented on the Council each of the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, and the National Credit Union Administration Board as the Federal agency representatives on the Council (B) by inserting , joint or otherwise, and including all regulations issued pursuant to any authority provided under the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 prescribed by the Council (C) by striking any such appropriate Federal banking agency any such Federal agency (D) by striking insured depository institutions financial institutions (2) in subsections (b), (c), and (d), by striking the appropriate Federal banking agency the appropriate Federal agency (3) in subsection (e)— (A) in paragraph (1), by striking the appropriate Federal banking agencies the appropriate Federal agencies (B) in paragraph (2), by striking the appropriate Federal banking agency the appropriate Federal agency 927. Prohibition on implementation or participation in Operation Choke Point The Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, or the National Credit Union Administration may not implement or participate in the Operation Choke Point initiative of the Department of Justice. 928. Exemptive authority (a) Exemptive authority for the Federal Deposit Insurance Corporation Section 10 of the Federal Deposit Insurance Act ( 12 U.S.C. 1820 (l) Exemptive authority (1) In general Notwithstanding any other provision of law, the Corporation, after considering the factors in paragraph (3), may exempt by rule any depository institution having less than $10,000,000,000 in total assets from— (A) any provision of this Act; (B) any rule promulgated under this Act; or (C) any rule promulgated under any other Act conferring authority to the Corporation. (2) Conditions The Corporation may impose conditions on an exemption granted under paragraph (1). (3) Factors to consider In issuing an exemption under paragraph (1), the Corporation shall consider, as appropriate, the extent to which— (A) the provision or rule would impose an unnecessary or undue burden or cost on the depository institution; (B) the provision or rule is unnecessary or unwarranted in order to promote the safety and soundness of the depository institution; and (C) the exemption is necessary, appropriate, or consistent with the public interest. (4) Adjustment for changes in gross domestic product The asset threshold identified in paragraph (1) shall be adjusted annually by the Corporation to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce. . (b) Exemptive authority for the Office of the Comptroller of the Currency (1) Exemptive authority for national banks Section 5239A of the Revised Statutes is amended— (A) by striking Except (a) In general Except .; and (B) by adding at the end the following: (b) Exemptive authority (1) Definition In this subsection, the term insured depository institution 12 U.S.C. 1813 (2) Exemption Notwithstanding any other provision of law, the Comptroller of the Currency, after considering the factors in paragraph (4), may exempt by rule any national bank having less than $10,000,000,000 in total assets from— (A) any provision of this title; (B) any rule promulgated under this title; or (C) any rule promulgated under any other title or Act that confers authority to the Comptroller. (3) Conditions The Comptroller may impose conditions on an exemption granted under paragraph (2). (4) Factors to consider In issuing an exemption under paragraph (2), the Comptroller shall consider, as appropriate, the extent to which— (A) the provision or rule would impose an unnecessary or undue burden or cost on the national bank; (B) the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the national bank; and (C) the exemption is necessary, appropriate, or consistent with the public interest. (5) Adjustment for changes in gross domestic product The asset threshold identified in paragraph (2) shall be adjusted annually by the Comptroller to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce. . (2) Exemptive authority for savings associations Section 4(a) of the Home Owners’ Loan Act ( 12 U.S.C. 1463 (4) Exemptive Authority (A) Definition In this paragraph, the term insured depository institution 12 U.S.C. 1813 (B) Exemption Notwithstanding any other provision of law, the Comptroller of the Currency, after considering the factors in subparagraph (D), may exempt by rule any savings association having less than $10,000,000,000 in total assets from— (i) any provision of this title; (ii) any rule promulgated under this title; or (iii) any rule promulgated under any other title or act conferring authority on the Comptroller. (C) Conditions The Comptroller may impose conditions on an exemption granted under subparagraph (B). (D) Factors to consider In issuing an exemption under subparagraph (B), the Comptroller shall consider, as appropriate, the extent to which— (i) the provision or rule would impose an unnecessary or undue burden or cost on the savings association; (ii) the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the savings association; and (iii) the exemption is necessary, appropriate, or consistent with the public interest. (E) Adjustment for changes in gross domestic product The asset threshold identified in subparagraph (B) shall be adjusted annually by the Comptroller to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce. . (c) Exemptive authority for the Board of Governors of the Federal Reserve System (1) Exemptive authority for state member banks Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 (t) Exemptive authority (1) Definition In this section, the term insured depository institution 12 U.S.C. 1813 (2) Exemption Notwithstanding any other provision of law, the Board, after considering the factors in paragraph (4), may exempt by rule any state member bank having less than $10,000,000,000 in total assets from— (A) any provision of this Act; (B) any rule promulgated under this Act; or (C) any rule promulgated under any other act conferring authority on the Board. (3) Conditions The Board may impose conditions on an exemption granted under paragraph (2). (4) Factors to consider In issuing an exemption under paragraph (2), the Board shall consider, as appropriate, the extent to which— (A) the provision or rule would impose an unnecessary or undue burden or cost on the state member bank; (B) the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the state member bank; and (C) the exemption is necessary, appropriate, or consistent with the public interest. (5) Adjustment for changes in gross domestic product The asset threshold identified in paragraph (2) shall be adjusted annually by the Board to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce. . (2) Exemptive authority for bank holding companies The Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. 15. Exemptive Authority (a) Definition In this section, the term insured depository institution 12 U.S.C. 1813 (b) Exemption Notwithstanding any other provision of law, the Board, after considering the factors in subsection (d), may exempt by rule any bank holding company having less than $10,000,000,000 in total assets from— (1) any provision of this Act; (2) any rule promulgated under this Act; or (3) any rule promulgated under any other act conferring authority on the Board. (c) Conditions The Board may impose conditions on an exemption granted under subsection (b). (d) Factors to consider In issuing an exemption under subsection (b), the Board shall consider, as appropriate, the extent to which— (1) the provision or rule would impose an unnecessary or undue burden or cost on the bank holding company; (2) the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the bank holding company; and (3) the exemption is necessary, appropriate, or consistent with the public interest. (e) Adjustment for changes in gross domestic product The asset threshold identified in subsection (b) shall be adjusted annually by the Board to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce. . (3) Exemptive authority for savings and loan holding companies and mutual holding companies Section 10 of the Home Owners’ Loan Act ( 12 U.S.C. 1467a (u) Exemptive authority (1) Definitions In this subsection— (A) the term insured depository institution 12 U.S.C. 1813 (B) the term mutual holding company (2) Exemption Notwithstanding any other provision of law, the Board, after considering the factors in paragraph (4), may exempt by rule any savings and loan holding company or any mutual holding company having less than $10,000,000,000 in total assets from— (A) any provision of this Act; (B) any rule promulgated under this Act; or (C) any rule promulgated under any other Act conferring authority on the Board. (3) Conditions The Board may impose conditions on an exemption granted under paragraph (2). (4) Factors to consider In issuing an exemption under paragraph (2), the Board shall consider the extent to which— (A) the provision or rule would impose an unnecessary or undue burden or cost on the savings and loan holding company or the mutual holding company; (B) the provision or rule is unnecessary or unwarranted to promote the safety and soundness of the savings and loan holding company or the mutual holding company; and (C) the exemption is necessary, appropriate, or consistent with the public interest. (5) Limitation The authority granted under paragraph (2) shall not apply with respect to a savings and loan holding company described in subsection (c)(9)(C). (6) Adjustment for changes in gross domestic product The asset threshold identified in paragraph (2) shall be adjusted annually by the Board to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce. . B Systemically important bank holding companies 931. Revisions to Council authority (a) Purposes and duties Section 112(a)(2)(I) of the Financial Stability Act of 2010 ( 12 U.S.C. 5322(a)(2)(I) (1) by striking and large, interconnected bank holding companies (2) by inserting and bank holding companies subject to a determination under section 113A(a) (b) Authority to require supervision and regulation of certain bank holding companies The Financial Stability Act of 2010 ( 12 U.S.C. 5311 et seq. 12 U.S.C. 5323 113A. Authority to require supervision and regulation of systemically important bank holding companies (a) In general The Council may, in accordance with the procedures described in subsections (c) and (d), determine that a bank holding company shall be deemed systemically important. (b) Considerations (1) The Council shall, not later than 90 days after the date of enactment of this section, issue regulations describing with specificity the factors that the Council will use to make a determination under subsection (a). Such factors shall initially include the following: (A) The size of the bank holding company. (B) The interconnectedness of the bank holding company. (C) The extent of readily available substitutes or financial institution infrastructure for the services provided by the bank holding company. (D) The global cross-jurisdictional activity of the bank holding company. (E) The complexity of the bank holding company. (2) The Council may, by regulation, add to, subtract, or modify the factors used by the Council pursuant to paragraph (1) if the Council— (A) provides notice to the public and opportunity for comment on any proposed changes; (B) explains, as part of the notice required in subparagraph (A), with specificity how any proposed changes would result in factors that more accurately measure the threat that the material financial distress of a bank holding company could pose to the financial stability of the United States, in comparison with the existing factors; and (C) finds, on a nondelegable basis and by a vote of not fewer than 2/3 (c) Bank holding companies deemed systemically important (1) In general With respect to a bank holding company with total consolidated assets of not less than $50,000,000,000 and not more than $500,000,000,000 (as such amounts are adjusted annually by the Council to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce), the Council may, on a nondelegable basis and by a vote of not fewer than 2/3 (2) Requirements for proposed determination, notice and opportunity for hearing, and final determination (A) Initial evaluation by the Board of Governors The Board of Governors may identify a bank holding company for an evaluation of whether, based on the factors considered pursuant to subsection (b), the material financial distress of the bank holding company could pose a threat to the financial stability of the United States. Upon identifying such bank holding company, the Board of Governors— (i) shall provide the bank holding company with— (I) a written notice that shall include any quantitative analysis used in identifying the bank holding company and shall explain with specificity the basis for identifying the bank holding company; (II) an opportunity to submit written materials for consideration by the Board of Governors as part of an evaluation by the Board of Governors under clause (ii); and (III) an opportunity to meet with representatives of the Board of Governors to discuss the analysis conducted by the Board of Governors to identify the bank holding company; (ii) may, after fulfilling the requirements of clause (i), evaluate whether, based on the factors considered pursuant to subsection (b), the material financial distress of the bank holding company could pose a threat to the financial stability of the United States; (iii) may, at the conclusion of an evaluation under clause (ii), make a recommendation to the Council that the Council perform an evaluation under subparagraph (B)(ii)(I); and (iv) shall, if a recommendation is made under clause (iii), provide written notice to the bank holding company that a recommendation was made, which notice shall include a detailed explanation of the basis for the recommendation, including how each factor considered pursuant to subsection (b) relates to the potential threat posed by the bank holding company to the financial stability of the United States. (B) Evaluation by the Council (i) In general The Council may only make a proposed determination with respect to a bank holding company under subparagraph (C)(i) if the Council— (I) has received a recommendation under subparagraph (A)(iii) with respect to the bank holding company; or (II) not earlier than the effective date of this section, and after consultation and coordination with the Board of Governors, on a nondelegable basis and by a vote of not fewer than 2/3 (ii) Requirements before making a proposed determination Before making a proposed determination with respect to a bank holding company under subparagraph (C)(i), and after receiving a recommendation under clause (i)(I) or making a decision under clause (i)(II), the Council shall— (I) perform an evaluation of the bank holding company, including an evaluation of— (aa) whether the material financial distress of the bank holding company could pose a threat to the financial stability of the United States; and (bb) how each of the factors considered pursuant to subsection (b) relates to the potential threat posed by the bank holding company to the financial stability of the United States; and (II) provide the bank holding company with— (aa) a written notice that the bank holding company is being evaluated; (bb) an opportunity to meet with representatives of the Council to discuss the evaluation by the Council; and (cc) an opportunity to submit written materials to the Council, within such time as the Council deems appropriate (but not earlier than 30 days after the date of receipt of the notice under item (aa)). (C) Proposed determination (i) Voting After fulfilling the requirements of subparagraph (B), the Council may, on a nondelegable basis and by a vote of not fewer than 2/3 (ii) Notice of proposed determination If the Council makes a proposed determination under clause (i), the Council shall provide a notice to the bank holding company, which notice shall contain the basis for the proposed determination, including a detailed explanation of the evaluation performed under subparagraph (B)(ii)(I). (D) Requirements before final determination After making a proposed determination under subparagraph (C)(i) and prior to making a final determination under paragraph (1), the Council shall— (i) not later than 30 days after the date of receipt of any notice under subparagraph (C)(ii), provide the bank holding company with an opportunity to request, in writing, a hearing before the Council to contest the proposed determination; (ii) if the Council receives a timely request under clause (i), fix a time (not earlier than 30 days after the date of receipt of the request) and place at which the bank holding company may appear, personally or through counsel, to, at the discretion of the bank holding company— (I) submit a plan to modify the business, structure, or operations of the bank holding company in order to address the factors and the potential threat posed by the bank holding company to the financial stability of the United States identified pursuant to subparagraph (C)(ii); (II) submit written materials in addition to or separate from the plan described in subclause (I); and (III) provide oral testimony and oral argument to the members of the Council, with not fewer than 2/3 (iii) in the event a plan is submitted to the Council under clause (ii)(I)— (I) consider whether the plan, if implemented, would address the factors and the potential threat posed by the bank holding company to the financial stability of the United States identified pursuant to subparagraph (C)(ii); and (II) provide the bank holding company with— (aa) analysis of whether and to what extent the plan addresses the factors and the potential threat posed by the bank holding company to the financial stability of the United States identified pursuant to subparagraph (C)(ii); (bb) an opportunity to meet with representatives of the Council to discuss the analysis provided under item (aa); and (cc) an opportunity to revise the plan after discussions with representatives of the Council. (E) Final determination (i) In general After fulfilling the requirements of subparagraph (D), and not later than 90 days after the date on which a hearing is held under subparagraph (D)(ii), the Council may vote to make a final determination under paragraph (1). The Council may delay the vote up to 1 additional year after the conclusion of the 90-day period if considering a plan under subparagraph (D)(iii). (ii) Outcome of the vote If the Council votes on a final determination under paragraph (1), the Council shall promptly inform the bank holding company of the outcome of the vote in writing. (iii) Notice of final determination If the Council votes to make a final determination under paragraph (1), the Council shall, not later than 30 days after the date of the vote, provide a notice to the bank holding company, which notice shall contain— (I) the basis for the determination, including— (aa) a detailed analysis of any plan submitted by the bank holding company and considered by the Council under subparagraph (D), if applicable, which analysis shall, at a minimum, include— (AA) whether and to what extent successful implementation of the plan could address the factors and the potential threat posed by the bank holding company to the financial stability of the United States identified pursuant to subparagraph (C)(ii); and (BB) a detailed explanation of why the plan would not address the factors and the potential threat posed by the bank holding company to the financial stability of the United States identified pursuant to subparagraph (C)(ii), if the Council, during its consideration of the plan under subparagraph (D)(iii)(I), concluded that the plan would not address such factors or potential threat; (bb) the reasons why the materials and other information submitted or provided by the bank holding company under subclauses (II) and (III) of subparagraph (D)(ii) did not address the potential threat posed by the bank holding company to the financial stability of the United States; (cc) a detailed analysis of how the factors, including an explanation of how each factor relates to the potential threat posed by the bank holding company to the financial stability of the United States, that the Council considered pursuant to subsection (b) resulted in the final determination under paragraph (1); and (dd) specific aspects of the business, operations, or structure of the bank holding company that the Council believes could pose a threat to the financial stability of the United States, including an assessment by the Council of the probability and magnitude of the threat; and (II) an explanation of actions the bank holding company could take in order for the Council to rescind the determination. (3) Reevaluation and rescission (A) Reevaluation requirement The Council shall, in accordance with this paragraph, reevaluate a final determination made under paragraph (1) with respect to a bank holding company— (i) if, at any time, the Board of Governors recommends that the Council do so; and (ii) not less frequently than once every 5 years. (B) Reevaluation procedure The Council, in conducting any reevaluation of a bank holding company required under subparagraph (A), shall— (i) provide a written notice to the bank holding company being reevaluated; (ii) afford the bank holding company an opportunity to submit a plan, within such time as the Council determines to be appropriate (but which shall be not earlier than 30 days after the date of receipt by the bank holding company of the notice provided under clause (i)), to modify the business, structure, or operations of the bank holding company; (iii) afford the bank holding company an opportunity to submit written materials in addition to, or separate from, the plan described in clause (ii), within such time as the Council determines to be appropriate (but which shall be not earlier than 30 days after the date of receipt by the bank holding company of the notice provided under clause (i)), to contest the determination, including materials concerning whether, in the view of the bank holding company, the material financial distress at the bank holding company could pose a threat to the financial stability of the United States; (iv) provide an opportunity for the bank holding company to meet with representatives of the Council to present the information described in clauses (ii) and (iii); (v) not earlier than 30 days after the date of receipt of any notice under clause (i), provide the bank holding company with an opportunity to request, in writing, a hearing before the Council to contest its final determination under paragraph (1); and (vi) if the Council receives a timely request under clause (v), fix a time (not earlier than 30 days after the date of receipt of the request) and place at which the bank holding company may appear, personally or through counsel, to, at the discretion of the bank holding company, provide oral testimony and oral argument to the members of the Council, with not fewer than 2/3 (C) Company plan If a bank holding company submits a plan in accordance with subparagraph (B)(ii), the Council shall— (i) consider whether the plan, if implemented, would result in the bank holding company no longer meeting the criteria for a final determination under paragraph (1); and (ii) provide the bank holding company with— (I) analysis of whether and to what extent the plan addresses the potential threat posed by the bank holding company to the financial stability of the United States; (II) an opportunity to meet with representatives of the Council to discuss the analysis provided under subclause (I); and (III) an opportunity to revise the plan after discussions with representatives of the Council. (D) Voting and explanation (i) In general After evaluating the materials and information provided by a bank holding company under subparagraph (B) and fulfilling the requirements of subparagraph (C), and not later than 180 days after the date of receipt by the bank holding company of the notice provided under subparagraph (B)(i), the Council shall, on a nondelegable basis and by a vote of not fewer than 2/3 (ii) Notice of final determination If the Council votes to renew a final determination under clause (i), the Council shall provide a notice to the bank holding company with the reasons for the decision by the Council, which notice shall address with specificity— (I) any changes to the basis for the final determination decision made under paragraph (1) since the date on which the final determination under paragraph (1) was made, including any changes to the information provided to the bank holding company under— (aa) paragraph (2)(E)(iii)(I)(cc); or (bb) this clause, in prior years; (II) any plan submitted by the bank holding company and considered by the Council under subparagraph (C), and shall, at a minimum, include— (aa) a detailed analysis of whether and to what extent successful implementation of the plan could result in the bank holding company no longer meeting the criteria for a final determination under paragraph (1); and (bb) a detailed explanation of why, if the plan were implemented, the bank holding company would still meet the criteria for a final determination under paragraph (1), if the Council, during its consideration of the plan under subparagraph (C), concluded that the bank holding company would still meet those criteria if the plan were implemented; (III) aspects of the business, operations, or structure of the bank holding company that the Council believes could pose a threat to the financial stability of the United States, including the probability and magnitude of that threat; and (IV) an explanation of actions the bank holding company could take in order for the Council to rescind the determination. (iii) No final determination If the Council does not vote to renew a final determination under clause (i), then the existing final determination under paragraph (1) shall be rescinded and the Council shall inform the bank holding company in writing. (iv) Voting threshold for rescission of determination Notwithstanding clause (iii), the Council may, at any time, on a nondelegable basis and by a vote of not fewer than 2/3 (4) Emergency exception (A) In general The Council may waive or modify the requirements of paragraph (2) with respect to a bank holding company with total consolidated assets of not less than $50,000,000,000 and not more than $500,000,000,000 (as such amounts are adjusted annually by the Council to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) if the Council determines, on a nondelegable basis and by a vote of not fewer than 2⁄3 (B) Notice The Council shall provide notice of a waiver or modification under this paragraph to the bank holding company concerned as soon as practicable, but not later than 24 hours after the waiver or modification is granted. (C) International coordination In making a determination under subparagraph (A), the Council shall consult with the appropriate home country supervisor, if any, of a foreign bank holding company that is being considered for such a determination. (D) Opportunity for hearing The Council shall allow a bank holding company to request, in writing, an opportunity for a hearing before the Council to contest a waiver or modification under this paragraph, not later than 10 days after the date of receipt of the notice of waiver or modification. Upon receipt of a timely request, the Council shall fix a time (not later than 15 days after the date of receipt of the request) and place at which the bank holding company may appear, personally or through counsel, to submit written materials (or, at the sole discretion of the Council, oral testimony and oral argument). (E) Notice of final determination Not later than 30 days after the date of any hearing under subparagraph (D), the Council shall notify the subject bank holding company of the final determination of the Council under this paragraph, which shall contain a statement of the basis for the decision of the Council. (5) Consultation The Council shall consult with the primary financial regulatory agency for each bank holding company that is being considered by the Council under this section from the outset of the consideration of the bank holding company by the Council, including before the Council makes any proposed determination under paragraph (2)(C)(i) or final determination under paragraph (1). (6) Judicial review If the Council makes or renews a final determination under this subsection with respect to a bank holding company, such bank holding company may, not later than 30 days after the date of receipt of the notice of final determination under paragraph (2)(E)(iii) or of renewal of a final determination under paragraph (3)(D)(ii), bring an action in the United States district court for the judicial district in which the home office of such bank holding company is located, or in the United States District Court for the District of Columbia, for an order requiring that the final determination be rescinded, and the court shall, upon review, dismiss such action or direct the final determination to be rescinded. Review of such an action shall be limited to whether the final determination made under this subsection was arbitrary and capricious. (7) Public disclosure requirement The Council shall— (A) in each case that a bank holding company has received a notice under paragraph (2)(B)(ii)(II)(aa), and the bank holding company has publicly disclosed that the bank holding company is being evaluated by the Council, confirm that the bank holding company is being evaluated by the Council, in response to a request from a third party; (B) upon making a final determination under paragraph (1) or renewing a final determination under paragraph (3)(D)(i), publicly provide a detailed written explanation of the basis for the final determination with sufficient detail to provide the public with an understanding of the specific bases of the determination by the Council, including any assumptions related thereof, subject to the requirements of section 112(d)(5); and (C) include, in the annual report required under section 112— (i) the number of bank holding companies from the previous year that received a notice under paragraph (2)(B)(ii)(II)(aa); (ii) the number of bank holding companies from the previous year that were subject to a proposed determination under paragraph (2)(C)(i); and (iii) the number of bank holding companies from the previous year that were subject to a final determination under paragraph (1). (d) Bank holding companies automatically deemed systemically important (1) Automatic determination A bank holding company with total consolidated assets of more than $500,000,000,000 (as such amount is adjusted annually by the Council to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) shall automatically be subject to a determination under subsection (a). (2) Rule of construction (A) Bank holding company increasing in size If, subsequent to the effective date, a bank holding company that was previously subject to a final determination under subsection (c)(1) grows to have total consolidated assets of more than $500,000,000,000 (as such amount is adjusted annually by the Council to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) for a period of 180 consecutive days, the bank holding company shall be subject to an automatic determination under paragraph (1) and not subject to a determination under subsection (c)(1) for the purposes of this section. (B) Bank holding company decreasing in size If a bank holding company subject to an automatic determination under paragraph (1) decreases in size, such that the bank holding company no longer is a bank holding company with total consolidated assets of more than $500,000,000,000 (as such amount is adjusted annually by the Council to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) for a period of 180 consecutive days, the bank holding company shall be considered subject to a final determination under subsection (c)(1) and not subject to an automatic determination under paragraph (1) for the purposes of this section. (e) International coordination In exercising its duties under this title with respect to foreign bank holding companies, foreign-based bank holding companies, and cross-border activities and markets, the Council shall consult with appropriate foreign regulatory authorities, to the extent appropriate. . (c) Enhanced supervision Section 115 of the Financial Stability Act of 2010 ( 12 U.S.C. 5325 (1) in subsection (a)— (A) in the matter preceding subparagraph (A) of paragraph (1), by striking large, interconnected bank holding companies bank holding companies subject to a determination under section 113A(a) (B) in paragraph (2)— (i) in subparagraph (A), by striking ; or (ii) by striking the Council may differentiate the Council may differentiate (iii) by striking subparagraph (B); and (2) in subsection (b)(3), by inserting and the factors used by the Council pursuant to section 113A(b) subsections (a) and (b) of section 113 (d) Reports The matter preceding paragraph (1) of section 116(a) of the Financial Stability Act of 2010 ( 12 U.S.C. 5326(a) with total consolidated assets of $50,000,000,000 or greater subject to a determination under section 113A(a) (e) Mitigation Section 121 of the Financial Stability Act of 2010 ( 12 U.S.C. 5331 (1) in the matter preceding paragraph (1) of subsection (a), by striking with total consolidated assets of $50,000,000,000 or more subject to a determination under section 113A(a) (2) in subsection (c), by inserting in the case of a nonbank financial company, and the factors used by the Council pursuant to section 113A(b) in the case of a bank holding company as applicable, (f) Office of Financial Research Section 155(d) of the Financial Stability Act of 2010 ( 12 U.S.C. 5345(d) with total consolidated assets of 50,000,000,000 or greater subject to a determination under section 113A(a) 932. Revisions to Board authority (a) Acquisitions Section 163 of the Financial Stability Act of 2010 ( 12 U.S.C. 5363 with total consolidated assets equal to or greater than $50,000,000,000 subject to a determination under section 113A(a) (b) Management Interlocks Section 164 of the Financial Stability Act of 2010 ( 12 U.S.C. 5364 with total consolidated assets equal to or greater than $50,000,000,000 subject to a determination under section 113A(a) (c) Enhanced supervision and prudential standards Section 165 of the Financial Stability Act of 2010 ( 12 U.S.C. 5365 (1) in subsection (a)— (A) in paragraph (1), by striking with total consolidated assets equal to or greater than $50,000,000,000 subject to a determination under section 113A(a) (B) in paragraph (2)— (i) by striking application In prescribing application (ii) by striking subparagraph (B); (2) in subsection (b)(3), by inserting and the factors used by the Council pursuant to section 113A(b) subsections (a) and (b) of section 113 (3) in subsection (h), by striking $10,000,000,000 $50,000,000,000 (as such amount is adjusted annually by the Council to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) (4) in subsection (i)(2)(A), by striking $10,000,000,000 $50,000,000,000 (as such amount is adjusted annually by the Council to reflect the percentage change for the previous calendar year in the gross domestic product of the United States, as calculated by the Bureau of Economic Analysis of the Department of Commerce) (5) in subsection (j)— (A) in paragraph (1), by striking with total consolidated assets equal to or greater than $50,000,000,000 described in subsection (a) (B) by striking paragraph (2) and inserting the following: (2) Considerations In making a determination under this subsection, the Council shall— (A) in the case of a nonbank financial company supervised by the Board of Governors, consider the factors described in subsections (a) and (b) of section 113 and any other risk-related factors that the Council deems appropriate; and (B) in the case of a bank holding company described in subsection (a), consider the factors used by the Council pursuant to section 113A(b). . (d) Conforming amendment The second subsection designated as subsection (s)(2) of the Federal Reserve Act ( 12 U.S.C. 248(s)(2) (1) in subparagraph (A), by striking having total consolidated assets of $50,000,000,000 or more; subject to a determination under section 113A(a) of the Financial Stability Act of 2010; and (2) by striking subparagraph (B); and (3) by redesignating subparagraph (C) as subparagraph (B). 933. Effective date (a) In general The amendments made by this subtitle shall, except as otherwise provided, take effect on the date that is 180 days after the date on which the regulations required under section 113A(b) of the Financial Stability Act of 2010, as added by section 931(b) of this title, are issued. (b) Rule of construction Nothing in this subtitle shall be construed to prohibit the Financial Stability Oversight Council established under section 111 of the Financial Stability Act of 2010 ( 12 U.S.C. 5321 12 U.S.C. 1841 934. Sense of Congress (a) Definitions In this section: (1) Appropriate Federal banking agencies; bank holding company The terms appropriate Federal banking agencies bank holding company 12 U.S.C. 1813 (2) Nonbank financial company The term nonbank financial company 12 U.S.C. 5311 (b) Sense of Congress It is the sense of Congress that the appropriate Federal banking agencies should seek to properly tailor prudential regulations and, in doing so, differentiate among bank holding companies and among nonbank financial companies supervised by the Board of Governors of the Federal Reserve System based on their capital structure, riskiness, complexity, financial activities (including the financial activities of their subsidiaries), size, and other risk-related factors, using existing authorities, including waiver authorities provided in statute or regulation. 935. Preservation of authority Nothing in this title shall be construed to limit the supervisory, regulatory, or enforcement authority of a Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 C Greater transparency for the Financial Stability Oversight Council process for nonbank financial companies 941. Access to Council meetings by agency members Section 111(e) of the Financial Stability Act of 2010 ( 12 U.S.C. 5321(e) (3) Access Any member of the governing body of a member agency headed by a member of the Council described in subparagraph (B), (E), (F), (G), or (I) of paragraph (1) of subsection (b)— (A) may attend a meeting of the Council, including any meeting of representatives of the members of the Council; and (B) shall have access to the same information and materials that a member of the Council described in subparagraph (B), (E), (F), (G), or (I) of paragraph (1) of subsection (b) is provided or entitled to. . 942. Nonbank determination process Section 113 of the Financial Stability Act of 2010 ( 12 U.S.C. 5323 (1) in subsection (a)(2)— (A) in the matter preceding subparagraph (A), by inserting factors, including consider (B) in subparagraph (H), by striking 1 or more primary financial regulatory agencies its primary financial regulatory agency, including the appropriateness of the imposition of prudential standards in addition to or as opposed to other forms of regulation (C) in subparagraph (J), by striking and (D) by redesignating subparagraph (K) as subparagraph (L); and (E) by inserting after subparagraph (J) the following: (K) actions taken by the primary financial regulatory agency pursuant to subsection (e)(1)(C); and ; (2) in subsection (b)(2)— (A) in the matter preceding subparagraph (A), by inserting factors, including consider (B) in subparagraph (H), by inserting , including the appropriateness of the imposition of prudential standards in addition to or as opposed to other forms of regulation (C) in subparagraph (J), by striking and (D) by redesignating subparagraph (K) as subparagraph (L); and (E) by inserting after subparagraph (J) the following: (K) actions taken by the primary financial regulatory agency pursuant to subsection (e)(1)(C); and ; (3) by striking subsections (d) and (e) and inserting the following: (d) Annual reevaluation and rescission (1) Annual reevaluation Not less frequently than annually, except with respect to subparagraph (E), the Council shall reevaluate each final determination made under subsection (a) or (b) with respect to a nonbank financial company supervised by the Board of Governors and shall— (A) provide a written notice to the nonbank financial company being reevaluated; (B) afford the nonbank financial company an opportunity to submit a plan, within such time as the Council determines to be appropriate (but which shall be not earlier than 30 days after the date of receipt by the nonbank financial company of the notice provided under subparagraph (A)), to modify the business, structure, or operations of the nonbank financial company; (C) afford the nonbank financial company an opportunity to submit written materials in addition to, or separate from, the plan described in subparagraph (B), within such time as the Council determines to be appropriate (but which shall be not earlier than 30 days after the date of receipt by the nonbank financial company of the notice provided under subparagraph (A)), to contest the determination, including materials concerning whether, in the view of the nonbank financial company, the material financial distress at the nonbank financial company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the nonbank financial company, could pose a threat to the financial stability of the United States; (D) provide an opportunity for the nonbank financial company to meet with representatives of the Council to present the information described in subparagraphs (B) and (C); and (E) not less than once every 5 years and prior to a vote under paragraph (3)(A)(ii)— (i) not earlier than 30 days after the date of receipt of any notice under subparagraph (A), provide the nonbank financial company with an opportunity to request, in writing, a hearing before the Council to contest its final determination under subsection (a) or (b); and (ii) if the Council receives a timely request under clause (i), fix a time (not earlier than 30 days after the date of receipt of the request) and place at which the nonbank financial company may appear, personally or through counsel, to, at the discretion of the nonbank financial company, provide oral testimony and oral argument to the members of the Council, with not fewer than 2/3 (2) Company plan If a nonbank financial company submits a plan in accordance with paragraph (1)(B), the Council shall— (A) consider whether the plan, if implemented, would result in the nonbank financial company no longer meeting the criteria for a final determination under subsection (a) or (b); and (B) provide the nonbank financial company with— (i) analysis of whether and to what extent the plan addresses the potential threat posed by the nonbank financial company to the financial stability of the United States; (ii) an opportunity to meet with representatives of the Council to discuss the analysis provided under clause (i); and (iii) an opportunity to revise the plan, after discussions with representatives of the Council. (3) Voting and explanation (A) In general After evaluating the materials and information provided by a nonbank financial company under paragraph (1) and fulfilling the requirements of paragraph (2), and not later than 180 days after the date of receipt by the nonbank financial company of the notice provided under paragraph (1)(A), the Council shall, on a nondelegable basis and by a vote of not fewer than 2/3 (i) except as otherwise provided in clause (ii), determine whether the nonbank financial company no longer meets the criteria for a final determination under subsection (a) or (b), in which case the Council shall rescind such determination; and (ii) not less than once every 5 years, and following a hearing held under paragraph (1)(E)(ii), determine whether to renew a final determination under subsection (a) or (b). (B) Notice of final determination If the Council does not vote to rescind a final determination under subparagraph (A)(i) or votes to renew a final determination under subparagraph (A)(ii), the Council shall provide a notice to the nonbank financial company and the primary financial regulatory agency of the nonbank financial company with the reasons for the decision by the Council, which notice shall address with specificity— (i) any changes to the basis for the final determination decision made under subsection (a) or (b) since the date on which the final determination under subsection (a) or (b) was made, including any changes to the information provided to the nonbank financial company under— (I) subsection (e)(2)(C)(i)(IV); (II) this clause, in prior years; or (III) subparagraph (D); (ii) any plan submitted by the nonbank financial company and considered by the Council under paragraph (2), and shall, at a minimum, include— (I) a detailed analysis of whether and to what extent successful implementation of the plan could result in the nonbank financial company no longer meeting the criteria for a final determination under subsection (a) or (b); and (II) a detailed explanation of why, if the plan were implemented, the nonbank financial company would still meet the criteria for a final determination under subsection (a) or (b), if the Council, during its consideration of the plan under paragraph (2), concluded that the nonbank financial company would still meet those criteria if the plan were implemented; (iii) aspects of the business, operations, or structure, including the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities, of the nonbank financial company that the Council believes could pose a threat to the financial stability of the United States, including an assessment by the Council of the probability and magnitude of the threat; and (iv) an explanation of actions the nonbank financial company could take in order for the Council to rescind the determination. (C) No final determination If the Council votes to rescind a final determination under subparagraph (A)(i) or does not vote to renew a final determination under subparagraph (A)(ii), the existing final determination under subsection (a) or (b) shall be rescinded and the Council shall inform the nonbank financial company in writing. (D) Explanation for certain companies With respect to a reevaluation under this subsection in which the final determination under subsection (a) or (b) being reevaluated was made before the date of enactment of this subparagraph, the Council, as part of such reevaluation, shall provide a statement that— (i) explains with specificity the basis for such determination; and (ii) includes the analysis required under subsection (e)(2)(C)(i)(IV). (E) Voting threshold for rescission of determination Notwithstanding subparagraph (A), the Council may, at any time, on a nondelegable basis and by a vote of not fewer than 2/3 (e) Requirements for proposed determination, notice and opportunity for hearing, and final determination (1) In general Prior to making a final determination under subsection (a) or (b) with respect to a nonbank financial company, the Council must— (A) provide the nonbank financial company and its primary financial regulatory agency with a notice that the nonbank financial company is being evaluated, which notice shall, at minimum— (i) include any quantitative analysis used by the Council as part of its evaluation; (ii) identify with specificity any factors that the Council has considered pursuant to subsection (a)(2) or (b)(2) relating to the nonbank financial company that could cause the nonbank financial company to be subject to a final determination under subsection (a) or (b); and (iii) include an explanation of how each factor identified in clause (ii) relates to the potential threat posed by the nonbank financial company to the financial stability of the United States; (B) provide the nonbank financial company an opportunity, not earlier than 30 days after the date of receipt by the nonbank financial company of the notice under subparagraph (A), to meet with representatives of the Council, including to discuss the notice and any analysis and factors considered by the Council; (C) provide the primary financial regulatory agency of the nonbank financial company with not less than 180 days from the date of receipt of the notice in subparagraph (A) to— (i) provide a written response to the Council that includes an assessment of— (I) the factors identified pursuant to subparagraph (A)(ii); (II) the explanation provided pursuant to subparagraph (A)(iii); and (III) the degree to which the potential threat to the financial stability of the United States is currently addressed or could be addressed by existing or pending regulation or other regulatory action; and (ii) issue proposed regulations or undertake other regulatory action to address— (I) the factors identified pursuant to subparagraph (A)(ii), as applicable; and (II) the potential threat posed by the nonbank financial company to the financial stability of the United States; (D) in the event that the primary financial regulatory agency has provided a written response under subparagraph (C)(i) or issued proposed regulations or taken other regulatory actions under subparagraph (C)(ii), find that— (i) taking into account the written response by the primary financial regulatory agency under subparagraph (C)(i), the nonbank financial company merits a proposed determination under subparagraph (E); and (ii) the primary financial regulatory agency has not proposed regulations or taken other regulatory actions after receipt of the notice under subparagraph (A) that sufficiently address the factors identified pursuant to subparagraph (A)(ii), as applicable, and the potential threat posed by the nonbank financial company to the financial stability of the United States; (E) after fulfilling the requirements of subparagraphs (A), (B), (C), and (D), on a nondelegable basis and by a vote of not fewer than 2/3 (F) subsequent to making a proposed determination under subparagraph (E)— (i) provide a notice to the nonbank financial company and its primary financial regulatory agency, which notice shall contain the basis for the proposed determination under subparagraph (E), including— (I) the information and explanation required under subparagraph (A), along with any updates to such information or explanation related to the proposed determination under subparagraph (E); and (II) an explanation and justification for any finding under subparagraph (D); (ii) not later than 30 days after the date of receipt of any notice under clause (i), provide the nonbank financial company with an opportunity to request, in writing, a hearing before the Council to contest the proposed determination under subparagraph (E); (iii) if the Council receives a timely request under clause (ii), fix a time (not earlier than 30 days after the date of receipt of the request) and place at which the nonbank financial company may appear, personally or through counsel, to, at the discretion of the nonbank financial company— (I) submit a plan to modify the business, structure, or operations of the nonbank financial company in order to address the factors and the potential threat posed by the nonbank financial company to the financial stability of the United States identified pursuant to clause (i)(I), as applicable; (II) submit written materials in addition to or separate from the plan described in subclause (I); and (III) provide oral testimony and oral argument to the members of the Council, with not fewer than 2/3 (iv) in the event a plan is submitted to the Council under clause (iii)(I)— (I) consider whether the plan, if implemented, would address the factors and the potential threat posed by the nonbank financial company to the financial stability of the United States identified pursuant to clause (i)(I), as applicable; and (II) provide the nonbank financial company with— (aa) analysis of whether and to what extent the plan addresses the factors and the potential threat posed by the nonbank financial company to the financial stability of the United States identified pursuant to clause (i)(I), as applicable; (bb) an opportunity to meet with representatives of the Council to discuss the analysis provided under item (aa); and (cc) an opportunity to revise the plan, after discussions with representatives of the Council. (2) Final determination (A) In general After fulfilling the requirements of paragraph (1), and not later than 90 days after the date on which a hearing is held under paragraph (1)(F)(iii), the Council may vote to make a final determination under subsection (a) or (b). The Council may delay the vote up to 1 additional year after the conclusion of the 90-day period if considering a plan under paragraph (1)(F)(iv)(I). (B) Outcome of the vote If the Council votes on a final determination under subsection (a) or (b), the Council shall promptly inform the nonbank financial company of the outcome of the vote in writing. (C) Notice of final determination If the Council votes to make a final determination under subsection (a) or (b), the Council shall, not later than 30 days after the date of the vote, provide a notice to the nonbank financial company and its primary financial regulatory agency, which notice shall contain— (i) the basis for the determination, including— (I) a detailed analysis of any plan submitted by the nonbank financial company and considered by the Council under paragraph (1)(F), if applicable, which analysis shall, at a minimum, include— (aa) whether and to what extent successful implementation of the plan could address the factors, as applicable, and the potential threat posed by the nonbank financial company to the financial stability of the United States identified pursuant to paragraph (1)(F)(i)(I); and (bb) a detailed explanation of why the plan would not address the factors and the potential threat posed by the nonbank financial company to the financial stability of the United States identified pursuant to paragraph (1)(F)(i)(I), if the Council, during its consideration of the plan under subparagraph (1)(F)(iv)(I), concluded that the plan would not address such factors or potential threat; (II) the reasons why the materials and other information submitted or provided by the nonbank financial company under subclauses (II) and (III) of paragraph (1)(F)(iii) did not address the potential threat posed by the nonbank financial company to the financial stability of the United States; (III) a justification for any finding under paragraph (1)(D); (IV) a detailed analysis of how any factors, including an explanation of how each factor relates to the potential threat posed by the nonbank financial company to the financial stability of the United States, that the Council considered pursuant to subsection (a)(2) or (b)(2) resulted in the final determination under subsection (a) or (b); and (V) specific aspects of the business, operations, or structure of the nonbank financial company, including the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the nonbank financial company, that the Council believes could pose a threat to the financial stability of the United States, including an assessment by the Council of the probability and magnitude of the threat; and (ii) an explanation of actions the nonbank financial company could take in order for the Council to rescind the determination. ; (4) in subsection (g), by striking before the Council makes any from the outset of the consideration of the nonbank financial company by the Council, including before the Council makes any proposed determination under subsection (e)(1)(E) or (5) in subsection (h)— (A) by inserting or renews makes (B) by striking (d)(2), (e)(3), or (f)(5) (d)(3)(B) or (f)(5) or of renewal of a final determination under subsection (e)(2)(C) (6) by adding at the end the following: (j) Public disclosure requirement The Council shall— (1) in each case that a nonbank financial company has received a notice under subsection (e)(1)(A), and the nonbank financial company has publicly disclosed that the nonbank financial company is being reviewed by the Council, confirm that the nonbank financial company is being reviewed, in response to a request from a third party; (2) upon making a final determination under subsection (a) or (b) or renewing a final determination under paragraph (3)(A) of subsection (d), publicly provide a detailed written explanation of the basis for the final determination with sufficient detail to provide the public with an understanding of the specific bases of the determination by the Council, including any assumptions related thereof, subject to the requirements of section 112(d)(5); (3) include, in the annual report required by section 112— (A) the number of nonbank financial companies from the previous year that received a notice under subsection (e)(1)(A); (B) the number of nonbank financial companies from the previous year that were subject to a proposed determination under subsection (e)(1)(E); and (C) the number of nonbank financial companies from the previous year that were subject to a final determination under subsection (a) or (b); and (4) not earlier than 180 days after the date of enactment of this subsection, publish in the Federal Register information regarding the methodology the Council uses for calculating any quantitative thresholds or other metrics used to consider the factors listed in subsection (a)(2) or (b)(2). . 943. Rule of construction None of the amendments made by this subtitle shall be construed as limiting the emergency powers of the Financial Stability Oversight Council under section 113(f) of the Financial Stability Act of 2010 ( 12 U.S.C. 5323(f) D Improved accountability and transparency in the regulation of insurance 951. Sense of Congress It is the sense of Congress that the Act of March 9, 1945 (commonly known as the McCarran-Ferguson Act 15 U.S.C. 1011 et seq. 952. Ensuring the protection of insurance policyholders (a) Source of strength Section 38A of the Federal Deposit Insurance Act ( 12 U.S.C. 1831o–1 (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following: (c) Authority of State insurance regulator (1) In general The provisions of section 5(g) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1844(g) (2) Rule of construction Requiring a bank holding company that is an insurance company, a savings and loan holding company that is an insurance company, an affiliate of an insured depository institution that is an insurance company, or any other company that is an insurance company and that directly or indirectly controls an insured depository institution to serve as a source of financial strength under this section shall be deemed an action of the Board that requires a bank holding company to provide funds or other assets to a subsidiary depository institution for purposes of section 5(g) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1844(g) . (b) Liquidation authority The Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. (1) in section 203(e)(3) ( 12 U.S.C. 5383(e)(3) or rehabilitation orderly liquidation (2) in section 204(d)(4) ( 12 U.S.C. 5384(d)(4) (A) shall promptly notify the State insurance authority for the insurance company of the intention to take such lien; and (B) may only take such lien— (i) to secure repayment of funds made available to such covered financial company or covered subsidiary; and (ii) if the Corporation determines, after consultation with the State insurance authority, that such lien will not unduly impede or delay the liquidation or rehabilitation of the insurance company, or the recovery by its policyholders . 953. International insurance capital standards accountability (a) Sense of Congress It is the sense of Congress that— (1) the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office should support increasing transparency at any global insurance or international standard-setting regulatory or supervisory forum in which they participate, including supporting and advocating for greater public observer access at any such forum; and (2) to the extent that the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office take a position on an insurance proposal by a global insurance or international standard-setting regulatory or supervisory forum, the Board of Governors of the Federal Reserve System and the Director of the Federal Insurance Office should achieve consensus positions with State insurance regulators when they are participants representing the United States in negotiations on insurance issues before any international forum of financial regulators or supervisors that considers insurance regulatory issues. (b) Insurance policy advisory committee (1) Establishment There is established the Insurance Policy Advisory Committee on International Capital Standards and Other Insurance Issues at the Board of Governors of the Federal Reserve System. (2) Membership The Committee established under paragraph (1) shall be composed of not more than 21 members, all of whom represent a diverse set of expert perspectives from the various sectors of the United States insurance industry, including life insurance, property and casualty insurance and reinsurance, agents and brokers, academics, consumer advocates, or experts on issues facing underserved insurance communities and consumers. (c) Reports (1) Reports and testimony by secretary of the treasury and chairman of the board of governors of the federal reserve system (A) In general The Secretary of the Treasury and the Chairman of the Board of Governors of the Federal Reserve System, or their designees, shall submit an annual report and provide annual testimony to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the efforts of the Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, and State insurance regulators with respect to global insurance or international standard-setting regulatory or supervisory forums, including— (i) a description of the insurance regulatory or supervisory standard-setting issues under discussion at any international insurance standard-setting bodies; (ii) a description of the effects that proposals discussed at international insurance regulatory or supervisory forums of insurance could have on consumer and insurance markets in the United States; (iii) a description of any position taken by the Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office in international insurance discussions; and (iv) a description of the efforts by the Secretary of the Treasury, the Director of the Federal Insurance Office, and the Chairman of the Board of Governors of the Federal Reserve System to increase transparency at any international standard-setting bodies with whom they participate, including efforts to provide additional public access to working groups and committees of such international insurance standard-setting bodies. (B) Termination This paragraph shall cease to be effective on December 31, 2018. (2) Reports and testimony by state insurance regulators A State insurance regulator may provide testimony to Congress on the issues described in paragraph (1)(A). (3) Joint report by the chairman of the federal reserve and the director of the federal insurance office (A) In general The Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office, in consultation with State insurance regulators, shall complete a study on, and submit to Congress a report on the results of the study, the impact on consumers and markets in the United States before supporting or consenting to the adoption of any key elements in any international insurance proposal or international insurance capital standard. (B) Notice and comment (i) Notice The Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office shall provide notice before the date on which drafting the report described in subparagraph (A) is commenced and after the date on which the draft of the report is completed. (ii) Opportunity for comment There shall be an opportunity for public comment for a period beginning on the date on which the report is submitted under subparagraph (A) and ending on the date that is 60 days after the date on which the report is submitted. (C) Review by comptroller general The Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office shall submit to the Comptroller General of the United States the report described in subparagraph (A) for review. (4) Report on promoting transparency Not later than 180 days after the date of enactment of this title, the Chairman of the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, or their designees, shall submit a report and provide testimony to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the efforts of the Secretary of the Treasury and the Chairman of the Board of Governors of the Federal Reserve System to improve transparency at any international insurance standard-setting bodies in which they participate. E Improving the Federal Reserve System 961. Reports to Congress Section 2B of the Federal Reserve Act ( 12 U.S.C. 225b (b) Quarterly reports to Congress (1) In general The Federal Open Market Committee shall, on a quarterly basis, and in such a manner that 1 report is submitted concurrently with each semi-annual hearing required by subsection (a), submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report explaining the policy decisions of the Committee over the prior quarter and the basis for those decisions. (2) Contents The report described in paragraph (1) shall include— (A) a detailed analysis of the conduct of monetary policy and economic developments and prospects for the future, taking into account past and prospective developments in— (i) employment; (ii) unemployment; (iii) production; (iv) investment; (v) real income; (vi) productivity; (vii) exchange rates; (viii) international trade and payments; (ix) prices; (x) inflation expectations; (xi) credit conditions; and (xii) interest rates; (B) a description of any monetary policy rule or rules used or considered by the Committee that provides or provide the basis for monetary policy decisions, including short-term interest rate targets set by the Committee, open market operations authorized under section 14, and interest rates established by the Committee pursuant to section 19(b)(12), and such description shall include, at a minimum, for each rule, a mathematical formula that models how monetary policy instruments will be adjusted based on changes in quantitative inputs; (C) a description of any additional strategy or strategies, if any such exist, used by the Committee, separate from or supplementary to any rule or rules described in subparagraph (B), to affect monetary policy; (D) a detailed explanation of— (i) any deviation in the rule or rules described in subparagraph (B) in the current report from any rule or rules described in subparagraph (B) in the most recent quarterly report; and (ii) any deviation in the strategy or strategies described in subparagraph (C) in the current report from any strategy or strategies described in subparagraph (C) in the most recent quarterly report; (E) a description of any instruments used to execute monetary policy by employees of the Federal Reserve System at the direction of the Committee, and how such instruments have been used; (F) a description of the outlook for monetary policy over the short term, medium term, and long term; and (G) projections of inflation and economic growth over the short term, medium term, and long term. (3) Dissent A member of the Committee described in section 12A(a) may— (A) dissent from the report submitted under paragraph (1) in whole or in part; (B) write a dissent expressing the views of the member, which shall be included as part of the report submitted to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and (C) sign a dissent written by another member of the Committee to express support for views contained in such dissent. . 962. Testimony; votes; staff (a) Testimony; votes Section 10 of the Federal Reserve Act is amended— (1) in paragraph (11), as redesignated by section 999F(v) of this title, by inserting at the end the following: In the event that no member of the Board is serving as Vice Chairman for Supervision at the time such appearance is required, the Chairman of the Board of Governors shall appear before each Committee in the place of the Vice Chairman for Supervision. (2) by adding at the end the following: (12) (A) The Board of Governors of the Federal Reserve System shall, on a nondelegable basis, vote on whether to issue any civil money penalty assessment order or settle any other enforcement action if the issuance of such order or settlement of such action involves the payment of not less than $1,000,000 in compensation, penalties, fines, or other payments. (B) The results of the vote of each member of the Board under subparagraph (A) shall promptly be made publicly available on the website of the Board. . (b) Delegation of authorities; staff Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 (1) in subsection (k), by inserting and except as otherwise provided in section 10(12)(A), credit policies, (2) in subsection (l), by inserting “Of amounts made available for employees of the Board of Governors under this subsection, each member of the Board of Governors may employ not more than 4 individuals, with such individuals selected by such member and the salaries of such individuals set by such member.’’ after the period at the end. 963. Transparency at the Federal Open Market Committee Section 12A of the Federal Reserve Act ( 12 U.S.C. 263 (d) Not later than 3 years after the date on which a meeting of the Committee is held, the Committee shall publish the transcript of the meeting. . 964. Interest rates on balances maintained at a Federal Reserve bank by depository institutions Section 19(b)(12)(A) of the Federal Reserve Act ( 12 U.S.C. 461(b)(12)(A) established by the Federal Open Market Committee rate or rates 965. Commission for restructuring the Federal Reserve System (a) Establishment There is established an independent commission to be known as the Federal Reserve System Restructuring Commission Commission (b) Membership (1) In general The Commission shall be composed of 7 members as follows: (A) 2 members appointed by the Speaker of the House of Representatives. (B) 2 members appointed by the majority leader of the Senate. (C) 1 member appointed by the minority leader of the House of Representatives. (D) 1 member appointed by the minority leader of the Senate. (E) 1 member appointed by the President. (2) Chairman Once the members of the Commission have been appointed, the members shall designate 1 of the members to be Chairman of the Commission. (3) Vacancies Any vacancy in the Commission shall be filled in the same manner as the original appointment. (c) Duties (1) Study (A) In general The Commission shall conduct a study on whether it is appropriate to restructure the Federal Reserve districts, including an analysis on potential benefits and costs of restructuring. (B) Considerations In determining whether such restructuring is appropriate, the Commission shall specifically consider the impact of restructuring with respect to— (i) maximizing operational effectiveness within the Federal Reserve System while minimizing operational costs; (ii) maximizing the effectiveness of supervisory and regulatory functions while minimizing potential for regulatory capture; and (iii) monetary policy decision-making. (C) Proposals The Commission shall— (i) consider various proposals to restructure the existing Federal Reserve districts, including proposals to— (I) increase the number of existing Federal Reserve districts, including a proposal to divide the Federal Reserve district in which the Federal Reserve Bank of San Francisco is contained into 2 or more separate districts while retaining the existing structure for the remaining Federal Reserve districts; (II) decrease the number of existing Federal Reserve districts; (III) restructure the existing Federal Reserve districts without increasing or decreasing the number of existing Federal Reserve districts; and (IV) reassign specific functions and duties, including supervisory and regulatory functions, to different Federal Reserve banks within the Federal Reserve System, including functions and duties performed by the Board; and (ii) determine which of the proposals considered under clause (i) are the optimal approaches to restructuring the existing Federal Reserve districts pursuant to subclauses (I), (II), (III), and (IV) of clause (i). (2) Recommendation The Commission shall, based on the proposals considered under paragraph (1)(C), develop a recommendation on the optimal organization of the Federal Reserve System that— (A) maximizes— (i) the operational effectiveness within the Federal Reserve System while minimizing operational costs; and (ii) the effectiveness of supervisory and regulatory functions while minimizing potential for regulatory capture; and (B) takes into account the impact of restructuring on monetary policy decision-making. (3) Report Not later than 18 months after the date of enactment of this title, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and also furnish copies to the President and the Board of Governors of the Federal Reserve System, a report that includes— (A) the recommendation described in paragraph (2); (B) a description of the proposals considered under paragraph (1)(C)(i); (C) a description of the proposals determined to be optimal under paragraph (1)(C)(ii); (D) an analysis of the benefits and costs of each of the proposals described in subparagraph (B), including, with respect to each proposal, an analysis of— (i) the operational benefits and costs to the Federal Reserve System; (ii) the impact on supervision of financial institutions and nonbank financial institutions supervised by the Federal Reserve banks; and (iii) the impact on monetary policy decision-making; (E) an analysis of— (i) any specific benefits and costs resulting from the increase in total number of Federal Reserve districts; and (ii) any specific benefits and costs resulting from the decrease in total number of Federal Reserve districts, including an evaluation of savings to the Federal Reserve System through streamlining and elimination of duplicated functions; (F) a determination of— (i) whether the benefits of restructuring the existing Federal Reserve districts without increasing or decreasing the number of existing Federal Reserve districts outweigh the costs; (ii) whether the benefits of increasing or decreasing the number of existing Federal Reserve districts outweigh the costs; (iii) whether the benefits of reassigning functions and duties to different Federal Reserve banks within the Federal Reserve System outweigh the costs; and (iv) the optimal number of Federal Reserve districts in order for the Federal Reserve System to fulfill its statutory role in the most efficient and cost-effective manner; and (G) a description of the methodology used by the Commission to reach the conclusions for the report. (d) Powers of the commission The Commission may lease space and acquire personal property to the extent funds are available. (e) Commission personnel matters (1) Compensation of members (A) In general Except as provided in subparagraph (B), each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Compensation of chairman The Chairman of the Commission shall be compensated at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314, of title 5, United States Code. (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Director and staff (A) Director of staff The Commission shall appoint a Director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (B) Staff (i) In general Subject to clauses (ii) and (iii), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (ii) Applicability The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (iii) Detail of government employees (I) In general Upon request of the Director, the head of any Federal department or agency, including the Comptroller General of the United States, may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this section. (II) Limitations (aa) Detail of employees from federal reserve system Not more than 1/5 (bb) Detail of employees from other federal agencies Not more than 1/5 (iv) Experts and consultants The Commission may procure by contract the temporary or intermittent services of experts or consultants pursuant to section 3109(b) of title 5, United States Code, at rates for individuals which do not to exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the General Schedule. (C) Rule of construction Any individual employed by the Commission under this paragraph, including any expert or consultant under contract pursuant to subparagraph (B)(iv), shall be considered staff for the duration of such employment of such individual for the purposes of this section. (f) Prohibition against restricting communications No person may restrict an employee of the Federal Reserve System from communicating with a member or staff of the Commission, and no person may take (or threaten to take) an unfavorable personnel action, or withhold (or threaten to withhold) a favorable personnel action, as a reprisal for such communication. (g) Confidential information No member or staff of the Commission shall request, either in writing or verbally, that any employee of the Federal Reserve System provide— (1) nonpublic information or documents concerning or related to monetary policy deliberations; or (2) confidential supervisory information. (h) Disclosure of nonpublic information Any member or staff of the Commission that obtains nonpublic information from the Federal Reserve System or any employee of the Federal Reserve System shall maintain the confidentiality of such information. (i) Audit (1) In general The Comptroller General of the United States shall annually audit the financial transactions of the Commission in accordance with the United States generally accepted government auditing standards, as may be prescribed by the Comptroller General of the United States. (2) Location of audit An audit under paragraph (1) shall be conducted at any place where accounts of the Commission are normally kept. (3) Access (A) In general The representatives of the Government Accountability Office shall have access, in accordance with section 716(c) of title 31, United States Code, to— (i) the Chairman of the Commission, members of the Commission, and staff of the Commission; and (ii) all books, accounts, documents, papers, records (including electronic records), reports, files, property, or other information belonging to or under the control of or used or employed by the Commission pertaining to its financial transactions and necessary to facilitate the audit. (B) Verification of transactions Representatives of the Government Accountability Office shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. (4) Custody of documents and property All books, accounts, documents, papers, records, reports, files, property, or other information described in paragraph (3)(A)(ii) shall remain in possession and custody of the Commission. (5) Copies The Comptroller General of the United States may make copies of any books, accounts, documents, papers, records, reports, files, property, or other information described in paragraph (3)(A)(ii) without cost to the Comptroller General. (6) Services In conducting an audit under this subsection, the Comptroller General of the United States may employ by contract, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 6101 (7) Reimbursement (A) In general Upon the request of the Comptroller General of the United States, the Chairman of the Commission shall transfer to the Government Accountability Office from funds made available to the Commission the amount requested by the Comptroller General to cover the full costs of any audit and report conducted by the Comptroller General. (B) Credit The Comptroller General of the United States shall credit funds transferred under subparagraph (A) to the account established for salaries and expenses of the Government Accountability Office, and such amount shall be available upon receipt and without fiscal year limitation to cover the full costs of the audit and report. (8) Report The Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and also furnish copies to the President and the Commission, a report of each annual audit conducted under this subsection, including— (A) the scope of the audit; (B) the statement of assets and liabilities and surplus or deficit; (C) the statement of income and expenses; (D) the statement of sources and application of funds; (E) such comments and information as the Comptroller General determines is necessary to inform the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of the financial operations and condition of the Commission; and (F) such recommendations that the Comptroller General may deem advisable. (j) Termination The Commission shall terminate not later than on December 31, 2020. (k) Funding (1) In general Beginning on the first quarter of the fiscal year after the date on which the Commission is established, and in each quarter of a fiscal year thereafter, the Board of Governors of the Federal Reserve System shall transfer to the Commission, from the combined earnings of the Federal Reserve System, the amount determined by the Chairman of the Commission to be reasonably necessary to carry out the authorities of the Commission pursuant to this section, taking into account such other sums made available to the Commission in preceding quarters, to be available without fiscal year limitation and not subject to appropriation. (2) Reviewability Notwithstanding any other provision in this section, the funds derived from the Federal Reserve System pursuant to this subsection shall not be subject to review by the Committee on Appropriations of the Senate or the Committee on Appropriations of the House of Representatives. (l) Federal reserve districts The first undesignated paragraph of section 2 of the Federal Reserve Act (38 Stat. 251, chapter 6) is amended by inserting , except as otherwise provided under section 965 of the Financial Regulatory Improvement Act of 2015 organized 966. GAO study on supervision (a) In general The Comptroller General of the United States shall conduct a study on the effectiveness of supervision by the Board of Governors of the Federal Reserve System and each Federal Reserve bank of— (1) bank holding companies subject to the requirements of section 165 of the Financial Stability Act of 2010 ( 12 U.S.C. 5365 (2) nonbank financial companies subject to a determination under subsection (a) or (b) of section 113 of the Financial Stability Act of 2010 ( 12 U.S.C. 5323 (b) Report Not later than 18 months after the date of enactment of this title, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report based on the study required under subsection (a) that includes— (1) an analysis of— (A) the effectiveness of the delegation of functions by the Board of Governors of the Federal Reserve System in accordance with section 11(k) of the Federal Reserve Act ( 12 U.S.C. 248(k) (B) the effectiveness of supervision delegated to each Federal Reserve bank by the Board of Governors of the Federal Reserve System, including whether and how the relationships between each Federal Reserve bank and the institutions that each Federal Reserve bank supervises impact the effectiveness of supervision; (C) the propriety of the relationship between each Federal Reserve bank and the institutions that each Federal Reserve bank supervises, including any potential conflicts of interest, and whether and how such relationships impact the effectiveness of supervision; (D) the role played by the Large Institution Supervision Coordinating Committee of the Board of Governors of the Federal Reserve System, the interactions between the Committee and the Federal Reserve banks, and the effectiveness of the Committee; and (E) any other factors that could negatively influence the effectiveness of supervision by any Federal Reserve bank or the Board of Governors of the Federal Reserve System; (2) an evaluation of whether additional steps should be taken by the Board of Governors of the Federal Reserve System, each Federal Reserve bank, or Congress to improve the effectiveness of supervision at each Federal Reserve bank and the Board of Governors of the Federal Reserve System; and (3) recommendations to improve the effectiveness of supervision at each Federal Reserve bank and the Board of Governors of the Federal Reserve System. (c) Evaluation As part of the study required under subsection (a), the Comptroller General of the United States shall separately evaluate the effectiveness of supervision at the Board of Governors of the Federal Reserve System and at each Federal Reserve bank. 967. Federal Reserve study on nonbank supervision (a) In general Not later than 180 days after the date of enactment of this title, and not less than once every 2 years thereafter, the Board of Governors of the Federal Reserve System shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report regarding how the Board plans to supervise and regulate nonbank financial companies subject to a determination under subsection (a) or (b) of section 113 of the Financial Stability Act of 2010 ( 12 U.S.C. 5323 (1) a specific supervisory and regulatory framework, differentiating among nonbank financial companies on an individual basis or by category, taking into consideration the capital structure, riskiness, complexity (including the financial activities of any subsidiaries), size, and any other risk-related factors that the Board of Governors of the Federal Reserve System determines is appropriate; (2) an assessment of the relevant experience and expertise of staff of the Federal Reserve System assigned to such supervision and regulation; (3) a description of— (A) the method for evaluating safety and soundness; (B) the frequency of examinations; (C) the criteria that will be examined; and (D) coordination with Federal and State regulators, including efforts to minimize duplicative supervision and regulation, if appropriate; and (4) an explanation of how the approach to supervision and regulation of nonbank financial companies differs from supervision and regulation of bank holding companies and member banks. (b) Sunset This section shall terminate on the date that is 10 years after the date of enactment of this title. 968. Federal Reserve bank governance (a) In general Section 4 of the Federal Reserve Act is amended— (1) in paragraph (4) ( 12 U.S.C. 341 (A) by striking power— power, except as provided in paragraph (25)— (B) by inserting except that the first vice president of the Federal Reserve Bank of New York shall be appointed by the Class B and Class C directors of the bank, with the approval of the Board of Governors of the Federal Reserve System, for a term of 5 years, as the president, (2) by adding at the end the following: (25) Selection of the President of the Federal Reserve Bank of New York Notwithstanding any other provision of this section, the president of the Federal Reserve Bank of New York shall be appointed by the President, by and with the advice and consent of the Senate, for terms of 5 years. (26) Testimony The president of the Federal Reserve Bank of New York, on an annual basis, shall provide testimony to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of enactment of this title and apply to appointments for the president of the Federal Reserve Bank of New York made on and after that effective date. F Improved access to capital and tailored regulation in the financial markets 971. Holding company registration threshold equalization The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. (1) in section 12(g) ( 15 U.S.C. 78l(g) (A) in paragraph (1)(B), by inserting , a savings and loan holding company (as defined in section 10(a) of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(a) is a bank (B) in paragraph (4), by inserting , a savings and loan holding company (as defined in section 10(a) of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(a) case of a bank (2) in section 15(d)(1) ( 15 U.S.C. 78o(d)(1) case of bank case of a bank, a savings and loan holding company (as defined in section 10(a) of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(a) 972. Increased threshold for disclosures relating to compensatory benefit plans Not later than 60 days after the date of enactment of this title, the Securities and Exchange Commission shall revise section 230.701(e) of title 17, Code of Federal Regulations, to increase from $5,000,000 to $10,000,000 the aggregate sales price or amount of securities sold during any consecutive 12-month period in excess of which the issuer is required under such section to deliver an additional disclosure to investors. The Securities and Exchange Commission shall index for inflation such aggregate sales price or amount every 5 years to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, rounding to the nearest $1,000,000. 973. Repeal of indemnification requirements (a) Derivatives clearing organizations Section 5b(k)(5) of the Commodity Exchange Act ( 7 U.S.C. 7a–1(k)(5) (5) Confidentiality agreement Before the Commission may share information with any entity described in paragraph (4), the Commission shall receive a written agreement from each entity stating that the entity shall abide by the confidentiality requirements described in section 8 relating to the information on swap transactions that is provided. . (b) Swap data repositories Section 21(d) of the Commodity Exchange Act ( 7 U.S.C. 24a(d) (d) Confidentiality agreement Before the swap data repository may share information with any entity described in subsection (c)(7), the swap data repository shall receive a written agreement from each entity stating that the entity shall abide by the confidentiality requirements described in section 8 relating to the information on swap transactions that is provided. . (c) Security-based swap data repositories Section 13(n)(5) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m(n)(5) (1) in subparagraph (G)— (A) in the matter preceding clause (i), by striking all security-based swap (B) in clause (v)— (i) in subclause (II), by striking ; and (ii) in subclause (III), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (IV) other foreign authorities. ; and (2) by striking subparagraph (H) and inserting the following: (H) Confidentiality agreement Before the security-based swap data repository may share information with any entity described in subparagraph (G), the security-based swap data repository shall receive a written agreement from each entity stating that the entity shall abide by the confidentiality requirements described in section 24 relating to the information on security-based swap transactions that is provided. . (d) Effective date The amendments made by this section shall take effect as if enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 974. Improving access to capital for emerging growth companies Section 6(e)(1) of the Securities Act of 1933 ( 15 U.S.C. 77f(e)(1) An issuer that was an emerging growth company at the time it submitted a confidential registration statement or, in lieu thereof, a publicly filed registration statement for review under this subsection but ceases to be an emerging growth company thereafter shall continue to be treated as an emerging growth company for the purposes of this subsection through the earlier of the date on which the issuer consummates its initial public offering pursuant to such registration statement or the end of the 1-year period beginning on the date on which the company ceases to be an emerging growth company. G Taxpayer protections and market access for mortgage finance 981. Definitions In this title: (1) Agency The term Agency (2) Back-end risk sharing The term back-end risk sharing (3) Board of Directors The term Board of Directors (4) Common securitization solutions The term Common Securitization Solutions CSS (5) Contractual and disclosure framework The term contractual and disclosure framework (6) Enterprise The term enterprise 12 U.S.C. 4502 (7) First loss position; front-end risk sharing; risk-sharing transaction The terms first loss position front-end risk sharing risk-sharing transaction (8) Guarantee fee The term guarantee fee (A) means a fee in connection with any guarantee of the timely payment of principal and interest on securities, notes, and other obligations based on or backed by mortgages on residential real properties designed principally for occupancy of from 1 to 4 families; and (B) includes— (i) the guaranty fee charged by the Federal National Mortgage Association with respect to mortgage-backed securities; and (ii) the management and guarantee fee charged by the Federal Home Loan Mortgage Corporation with respect to participation certificates. (9) Platform The term Platform Building a New Infrastructure for the Secondary Mortgage Market (10) Private successor The term private successor (11) Second loss position The term second loss position (12) Secretary The term Secretary (13) Senior preferred stock purchase agreement The term Senior Preferred Stock Purchase Agreement (A) the Amended and Restated Senior Preferred Stock Purchase Agreement, dated September 26, 2008, as such Agreement has been amended on May 6, 2009, December 24, 2009, and August 17, 2012, respectively, and as such Agreement may be further amended and restated, entered into between the Department of the Treasury and each enterprise, as applicable; and (B) any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued or sold pursuant to such Agreement. 982. Prohibiting the use of guarantee fees as an offset (a) In general In the Senate and the House of Representatives, for purposes of determining budgetary impacts to evaluate points of order under the Congressional Budget Act of 1974, any previous budget resolution, and any subsequent budget resolution, provisions contained in any bill, resolution, amendment, motion, or conference report that increase, or extend the increase of, any guarantee fee of an enterprise shall not be scored with respect to the level of budget authority, outlays, or revenues contained in such legislation. (b) Exception The prohibition in subsection (a) shall not apply to any legislation that— (1) includes a specific instruction to the Secretary on the sale, transfer, relinquishment, liquidation, divestiture, or other disposition of senior preferred stock acquired pursuant to the Senior Preferred Stock Purchase Agreement; and (2) provides for an increase, or extension of an increase, of any guarantee fee of an enterprise to be used for the purpose of financing reforms to the secondary mortgage market. 983. Limitations on sale of preferred stock Notwithstanding any other provision of law or any provision of the Senior Preferred Stock Purchase Agreement, the Secretary may not sell, transfer, relinquish, liquidate, divest, or otherwise dispose of any outstanding shares of senior preferred stock acquired pursuant to the Senior Preferred Stock Purchase Agreement, until such time as Congress has passed and the President has signed into law legislation that includes a specific instruction to the Secretary regarding the sale, transfer, relinquishment, liquidation, divestiture, or other disposition of the senior preferred stock so acquired. 984. Secondary market advisory committee Not later than 90 days after the date of enactment of this title, the Agency shall direct the enterprises and CSS to establish the Secondary Market Advisory Committee, which shall— (1) provide advice to the enterprises and CSS on decisions relating to the development of secondary mortgage market infrastructure; and (2) include private market participants representing multiple aspects of the mortgage market, including mortgage lenders, poolers of mortgage-backed securities, and investors of mortgage-backed securities. 985. Securitization platform (a) Sense of Congress It is the sense of Congress that— (1) at the direction of the Agency, the enterprises have established a joint venture called Common Securitization Solutions intended to facilitate the issuance of mortgage-backed securities through the Platform; (2) at the direction of the Agency, the development of the Platform is currently geared toward the issuance of mortgage-backed securities by the enterprises; (3) as soon as practicable, the capacity and functionality of the Platform should be expanded to facilitate the issuance of mortgage-backed securities by issuers other than the enterprises, and CSS should undertake to develop the contractual and disclosure framework for issuers other than the enterprises; (4) the property of the enterprises, including intellectual property, technology, systems, and infrastructure (including technology, systems, and infrastructure developed by the enterprises for the Platform), as well as any other legacy systems, infrastructure, processes, and the Platform itself are valuable assets of the enterprises; and (5) the enterprises should receive appropriate compensation for the transfer of any such assets. (b) Reports to congress (1) Annual report on development Not later than 1 year after the date of enactment of this title, and every year thereafter, the Agency shall submit to Congress a report on the status of the development of the Platform and the contractual and disclosure framework, which shall include— (A) the projected timelines for— (i) completing development of the Platform to support the securitization needs of the enterprises; and (ii) completing development of the Platform and the contractual and disclosure framework to support the securitization needs of issuers other than the enterprises; and (B) the projected budget for the development of the Platform and the contractual and disclosure framework. (2) Report on transition Not later than 3 years after the date of enactment of this title, the Agency shall develop a plan, and submit to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on such plan, to transition the Platform and the contractual and disclosure framework from a joint venture owned by the enterprises into a private, nonprofit entity that best facilitates a deep, liquid, and resilient secondary mortgage market for mortgage-backed securities. (c) Board of directors (1) Establishment Not later than 6 months after the date of enactment of this title, the Agency shall direct the enterprises and CSS to re-constitute a CSS Board of Directors that meets the composition requirements set forth in paragraphs (2) and (3). (2) Composition after 1 year Not later than 1 year after the date of enactment of this title, as determined by the Agency, the Board of Directors shall be comprised of 7 directors, 3 of whom— (A) shall have demonstrated knowledge of, or experience in, financial management, financial services, risk management, information technology, or housing finance; and (B) are not simultaneously employed by an enterprise or serving as a director of an enterprise. (3) Composition after 18 months Not later than 18 months after the date of enactment of this title, as determined by the Agency, the Board of Directors shall be comprised of 9 directors, 5 of whom— (A) shall have demonstrated knowledge of, or experience in, financial management, financial services, risk management, information technology, or housing finance; and (B) are not simultaneously employed by an enterprise or serving as a director of an enterprise. (d) Authorized and prohibited activities (1) Authorized activities (A) In general Not later than 2 years after the date of enactment of this title, CSS shall— (i) for an entity other than an enterprise, develop standards for— (I) becoming an approved issuer of securities issued through the Platform; (II) loans that may serve as collateral for securities issued through the Platform; and (III) originating, servicing, pooling, dispute resolution, disclosure, and securitizing residential mortgage loans that collateralize securities issued through the Platform; and (ii) operate and maintain the Platform and establish fees for use of the Platform. (B) Issuing securities by approved issuers Not later than 3 years after the date of enactment of this title— (i) CSS shall facilitate the issuance of securities by any approved issuer other than an enterprise through the Platform; and (ii) issuances of securities facilitated through the Platform shall not be limited to those made by the enterprises. (C) Exception The Director may delay the requirement under subparagraph (B) for 2 1-year periods if the Director and the Secretary of the Treasury— (i) determine that facilitation of such securities is not feasible within that period of time and could adversely impact the housing market; and (ii) submit to Congress a report describing the justification for the determination made in clause (i). (2) Prohibited activities CSS may not, through the Platform or otherwise— (A) guarantee any mortgage loans or mortgage-backed securities; (B) assume or hold mortgage loan credit risk; (C) purchase any mortgage loans for cash on a single loan basis for the purpose of securitization; (D) own or hold any mortgage loans or mortgage-backed securities for investment purposes; (E) make or be a party to any representation and warranty agreement on any mortgage loans; or (F) take lender representation and warranty risk. (3) Authorized and prohibited activities of the private successor All authorized and prohibited activities of CSS under this subsection shall transfer to the private successor at the time of transition under subsection (g), and shall transfer to any future successor to the private successor at the time of any such transition. (e) Regulation of CSS and the private successor The Agency shall have general regulatory authority over CSS, the private successor, and any successor to the private successor to ensure the safety and soundness of CSS and such successors (f) Funding by the FHFA and transfer of property (1) Transfer of funds from the enterprises At a time established by the Agency, the Agency shall transfer to CSS such funds from the enterprises as the Agency, after consultation with the Board of Directors, determines may be reasonably necessary for CSS to begin carrying out the activities and operations of the Platform. (2) Transfer of property (A) In general The Agency shall direct the enterprises to transfer or sell to the Platform any property, including intellectual property, technology, systems, and infrastructure (including technology, systems, and infrastructure developed by the enterprises for the Platform), as well as any other legacy systems, infrastructure, and processes that may be necessary for the Platform to carry out the functions and operations of the Platform. (B) Contractual and other legal obligations As may be necessary for the Agency and the enterprises to comply with legal, contractual, or other obligations, the Agency shall have the authority to require that any transfer authorized under subparagraph (A) occurs as an exchange for value, including through the provision of appropriate compensation to the enterprises or other entities responsible for creating, or contracting with, the Platform. (g) Transition from CSS (1) In general Not later than 5 years after the date of enactment of this title, the Agency shall oversee the transition of ownership of the Platform and the contractual and disclosure framework from the enterprises and CSS to a private, nonprofit entity in accordance with the plan developed under subsection (b)(2). (2) Board of Directors The private successor shall determine the structure of the Board of Directors following the transition under paragraph (1). (3) Repayment of cost Not later than 10 years after the date of the transition described in paragraph (1), the total cost of the property transferred in accordance with subsection (f)(2) at the time of the transition, as determined jointly by the Agency and the Secretary, shall be repaid to the enterprises. (h) Rule of construction Nothing in this section shall be construed to prohibit the Agency or CSS from first developing a common securitization platform for use only by the enterprises, if all of the provisions in this Act relating to the development of the Platform and the contractual and disclosure framework are complied with in a timely manner. 986. Mandatory risk sharing (a) Sense of congress It is the sense of Congress that— (1) at the direction of the Agency, the enterprises have executed a series of transactions in which the enterprises share credit risk with the private sector; (2) in the risk-sharing transactions to date, the enterprises have shared credit risk on pools of residential mortgage loans that back securities on which an enterprise either already guarantees or does not yet guarantee the timely payment of principal and interest; (3) the risk that the enterprises have shared has been either any loss suffered on the loans in the pool or any loss in excess of some minimal level on loans in the pool; (4) to date, the vast majority of risk-sharing transactions have involved either back-end risk sharing or the transfer of the second loss position; and (5) the Agency should direct the enterprises to— (A) engage in more front-end risk sharing in which the first loss position is transferred; and (B) retain data that can help inform policymakers and the public about the impact to consumers, the market, and the enterprises from such transactions. (b) Mandatory risk sharing (1) In general Subpart A of part 2 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4541 et seq. 1328. Mandatory risk-sharing transactions (a) Definitions In this section: (1) First loss position The term first loss position (2) Front-end risk sharing The term front-end risk sharing (3) Risk-sharing transaction The term risk-sharing transaction (b) Risk-sharing transactions The Director shall require each enterprise to develop and undertake risk-sharing transactions in which the first loss position is transferred, as provided in subsection (c). (c) Required percentage of business (1) Requirement The Director shall require that each enterprise engage in significant and increasing risk-sharing transactions, including front-end risk sharing and risk-sharing transactions in which the first loss position is transferred, considering market conditions and the safety and soundness of the enterprise. (2) Annual reporting requirement Not later than 1 year after the date of enactment of this section, and every year thereafter, the Agency shall submit to Congress a report, which shall include— (A) for the 12-month period preceding the date on which the report is submitted, an assessment of the market responses to the risk-sharing transactions of each of the enterprises, in aggregate, and by credit risk-sharing mechanism, including— (i) impacts on borrower costs, yield spreads, and the economics of the operations of the enterprises; and (ii) the type and characteristics of the underlying collateral and borrowers whose loans are involved in risk-sharing transactions; and (B) a 5-year plan, which shall include, for each of the 5 years following the year in which the report is issued— (i) the projected percentage of the unpaid principal balance of each enterprise covered under the credit risk-sharing program; (ii) the projected percentage of new business for each enterprise subject to transactions in which the first loss position is transferred, including the types of deal structures; (iii) the projected depth of front-end risk sharing per type of transaction for each enterprise; and (iv) a description of the steps that the Agency intends to take to broaden the eligible investor base for credit risk-sharing programs. . H Dodd-Frank Wall Street Reform and Consumer Protection Act technical corrections 991. Table of contents; definitional corrections (a) Table of contents The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 Sec. 407. Exemption of and reporting by venture capital fund advisers. Sec. 408. Exemption of and reporting by certain private fund advisers. Sec. 409. Family offices. Sec. 410. State and Federal responsibilities; asset threshold for Federal registration of investment advisers. Sec. 411. Custody of client assets. Sec. 412. Comptroller General study on custody rule costs. Sec. 413. Adjusting the accredited investor standard. Sec. 414. Rule of construction relating to the Commodity Exchange Act. Sec. 415. GAO study and report on accredited investors. Sec. 416. GAO study on self-regulatory organization for private funds. Sec. 417. Commission study and report on short selling. Sec. 418. Qualified client standard. Sec. 419. Transition period. . (b) Definitions Section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 (1) in paragraph (1)— (A) by striking section 3 section 3(w) (B) by striking ( 12 U.S.C. 1813 ( 12 U.S.C. 1813(w) (2) in paragraph (6), by striking 1 et seq. 1a (3) in paragraph (18)(A)— (A) by striking bank holding company (B) by inserting includes including 992. Antitrust savings clause corrections Section 6 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5303 (1) by inserting ( 15 U.S.C. 12(a) Clayton Act (2) by striking Act, to Act ( 15 U.S.C. 45 993. Title I corrections The Financial Stability Act of 2010 ( 12 U.S.C. 5311 et seq. (1) in section 102(a)(6) ( 12 U.S.C. 5311(a)(6) ( 12 U.S.C. 1843(k) of 1956 (2) in section 111 ( 12 U.S.C. 5321 (A) in subsection (b)— (i) in paragraph (1)(G), by striking Chairperson Chairman (ii) in paragraph (2)(E), by striking such the (B) in subsection (c)(3), by striking that agency or department head the head of that member agency or department (3) in section 112 ( 12 U.S.C. 5322 (A) in subsection (a)(2)— (i) in subparagraph (D)— (I) by striking to monitor monitor (II) by striking to advise advise (ii) in subparagraph (J)— (I) by striking that term is those terms are (II) by striking and settlement or settlement (iii) in subparagraph (L), by striking may (B) in subsection (d)(5)— (i) in subparagraph (B), by striking subsection and subtitle or (ii) in subparagraph (C), by striking subsection and subtitle or (4) in section 154(c) ( 12 U.S.C. 5344(c) (A) by striking Center The Research Center (B) by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively, and adjusting the margins accordingly; (5) in section 155(a)(2) ( 12 U.S.C. 5345(a)(2) (c), (c) (6) in section 164 ( 12 U.S.C. 5364 Institutions Institution (7) in section 167(b)(1)(B)(ii) ( 12 U.S.C. 5367(b)(1)(B)(ii) to ensure ensure (8) in section 171(b)(4)(D) ( 12 U.S.C. 5371(b)(4)(D) 994. Title II corrections Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5381 et seq. (1) in section 210 ( 12 U.S.C. 5390 (A) in subsection (a)— (i) in paragraph (1)(D), by striking wind-up wind up (ii) in paragraph (5)(C), by striking receiver seeking receiver) seeking (B) in subsection (b)(1), by striking 11,725 $11,725 (C) in subsection (m)(1)(B), by inserting of the Bankruptcy Code (D) in subsection (o)(1)(D)(i)(I), by striking and (h)(5)(E) or (h)(5)(E) (2) in section 211(d)(1)(C) ( 12 U.S.C. 5391(d)(1)(C) orderly liquidation plan under section 210(n)(14) an orderly liquidation plan under section 210(n)(9) (3) in section 215(a)(5) (124 Stat. 1518), by striking amd and 995. Title III corrections (a) In general The Enhancing Financial Institution Safety and Soundness Act of 2010 ( 12 U.S.C. 5401 et seq. (1) in section 327(b)(5) ( 12 U.S.C. 5437(b)(5) in into (2) in section 333(b)(2) (124 Stat. 1539), by inserting the second place that term appears and inserting (3) in section 369(5) (124 Stat. 1559)— (A) in subparagraph (D)(i)— (i) in subclause (III), by redesignating items (aa), (bb), and (cc) as subitems (AA), (BB), and (CC), respectively, and adjusting the margins accordingly; (ii) in subclause (IV), by redesignating items (aa) and (bb) as subitems (AA) and (BB), respectively, and adjusting the margins accordingly; (iii) in subclause (V), by redesignating items (aa), (bb), and (cc) as subitems (AA), (BB), and (CC), respectively, and adjusting the margins accordingly; and (iv) by redesignating subclauses (III), (IV), and (V) as items (bb), (cc), and (dd), respectively, and adjusting the margins accordingly; (B) in subparagraph (F)— (i) in clause (ii), by adding and (ii) in clause (iii), by striking ; and (iii) by striking clause (iv); and (C) in subparagraph (G)(i), by inserting each place such term appears and inserting (b) Effective dates (1) Section 333 The amendment made by subsection (a)(2) of this section shall take effect as if enacted as part of subtitle C of the Enhancing Financial Institution Safety and Soundness Act of 2010 (title III of Public Law 111–203 (2) Section 369 The amendments made by subsection (a)(3) of this section shall take effect as if enacted as part of subtitle E of the Enhancing Financial Institution Safety and Soundness Act of 2010 (title III of Public Law 111–203 996. Title IV correction Section 414 of the Private Fund Investment Advisers Registration Act of 2010 (title IV of Public Law 111–203 Commodities Commodity 997. Title VI corrections (a) In general The Bank and Savings Association Holding Company and Depository Institution Regulatory Improvements Act of 2010 (title VI of Public Law 111–203 (1) in section 610 (124 Stat. 1611)— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b); and (2) in section 618(a) ( 12 U.S.C. 1850a(a) (A) in paragraph (4)(B)(i), by inserting of Governors Board (B) in paragraph (6), by inserting ( 12 U.S.C. 1841 Act of 1956 (b) Effective date The amendments made by subsection (a)(1) of this section shall take effect as if enacted as part of section 610 of the Bank and Savings Association Holding Company and Depository Institution Regulatory Improvements Act of 2010 (title VI of Public Law 111–203 998. Title VII corrections (a) In general The Wall Street Transparency and Accountability Act of 2010 ( 15 U.S.C. 8301 et seq. (1) in section 719(c)(1)(B) ( 15 U.S.C. 8307(c)(1)(B) (2) in section 723(a)(1)(B) (124 Stat. 1675), by inserting , as added by section 107 of the Commodity Futures Modernization Act of 2000 (Appendix E of Public Law 106–554 subsection (i) (3) in section 724(a) (124 Stat. 1682), by striking adding at the end inserting after subsection (e) (4) in section 734(b)(1) (124 Stat. 1718), by striking is amended (B) in is amended in (5) in section 741(b)(10) (124 Stat. 1732), by striking 1a(19)(A)(iv)(II) 1a(18)(A)(iv)(II) (6) in section 749 (124 Stat. 1746)— (A) in subsection (a)(2), by striking adding at the end inserting after subsection (f) (B) in subsection (h)(1)(B), by inserting the second place that term appears (b) Effective date The amendments made by paragraphs (3), (4), (5), and (6) of subsection (a) shall take effect as if enacted as part of part II of subtitle A of the Wall Street Transparency and Accountability Act of 2010 (title VII of Public Law 111–203 999. Title VIII corrections The Payment, Clearing, and Settlement Supervision Act of 2010 ( 12 U.S.C. 5461 et seq. (1) in section 805(a)(2)(E) ( 12 U.S.C. 5464(a)(2)(E) (2) in section 806 ( 12 U.S.C. 5465 (A) in subsection (b), in the first sentence, by striking (2)) after (2))) after (B) in subsection (e)(1)(A)— (i) by striking advance notice advance (ii) by striking each Supervisory Agency its Supervisory Agency (3) in section 807 ( 12 U.S.C. 5466 (A) in subsection (d)(1), by adding a period at the end; and (B) in subsection (f)(2), by inserting a comma after under (4) in section 808(b) ( 12 U.S.C. 5467(b) under (5) in section 813 ( 12 U.S.C. 5472 that includes Representatives 999A. Title IX corrections Section 939(h)(1) of the Investor Protection and Securities Reform Act of 2010 (title IX of Public Law 111–203 (1) by inserting The Commission (2) by striking feasability feasibility 999B. Title X corrections (a) In general The Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. (1) in section 1002(12)(G) ( 12 U.S.C. 5481(12)(G) Home Owners Homeowners (2) in section 1013(a)(1)(C) ( 12 U.S.C. 5493(a)(1)(C) section 11(1) of the Federal Reserve Act ( 12 U.S.C. 248(1) subsection (l) of section 11 of the Federal Reserve Act ( 12 U.S.C. 248(l) (3) in section 1017(a)(5) ( 12 U.S.C. 5497(a)(5) (A) in subparagraph (A), in the last sentence by striking 716(c) of title 31, United States Code 716 of title 31, United States Code (B) in subparagraph (C), by striking section 3709 of the Revised Statutes of the United States ( 41 U.S.C. 5 section 6101 of title 41, United States Code (4) in section 1022(c)(9)(B) ( 12 U.S.C. 5512(c)(9)(B) 1978, 1978 (5) in section 1025 ( 12 U.S.C. 5515 (A) in subsections (b), (c), and (d)— (i) by inserting covered persons (ii) by inserting covered person described in subsection (a) (B) in subsection (d), by striking 12 U.S.C. 1867(c) ( 12 U.S.C. 1867(c) (C) in subsection (e)(4)(F), by striking 212 of the Federal Credit Union Act ( 112 U.S.C. 1790a 216 of the Federal Credit Union Act ( 12 U.S.C. 1790d (6) in section 1027(d)(1)(B) ( 12 U.S.C. 5517(d)(1)(B) (A) (7) in section 1029(d) ( 12 U.S.C. 5519(d) Commission Act (8) in section 1061 ( 12 U.S.C. 5581 (A) in subsection (b)(7)— (i) by striking Secretary of the Department of Housing and Urban Development Department of Housing and Urban Development (ii) in subparagraph (A), by striking ( 12 U.S.C. 5102 et seq. ( 12 U.S.C. 5101 et seq. (B) in subsection (c)(2)(A), by striking procedures in procedures (9) in section 1063 ( 12 U.S.C. 5583 (A) in subsection (f)(1)(B), by striking that (B) in subsection (g)(1)(A)— (i) by striking ( 12 U.S.C. 5102 et seq. ( 12 U.S.C. 5101 et seq. (ii) by striking seq) seq.) (10) in section 1064(i)(1)(A)(iii) ( 12 U.S.C. 5584(i)(1)(A)(iii) If an (11) in section 1073(c)(2) ( 12 U.S.C. 5601(c)(2) (A) in the paragraph heading, by inserting and education financial literacy (B) by striking its duties their duties (12) in section 1076(b)(1) ( 12 U.S.C. 5602(b)(1) , the Bureau may, after notice and opportunity for comment, prescribe regulations (13) in section 1077(b)(4)(F) (124 Stat. 2076), by striking associates associate’s (14) in section 1084(1) (124 Stat. 2081)— (A) by inserting paragraph (3) of section 903 ( 15 U.S.C. 1693a subsections (a) and (e) of section 904 (B) by striking and in 918 , section 916(d) ( 15 U.S.C. 1693m(d) (C) by inserting a comma after 2009) (15) in section 1089 (124 Stat. 2092)— (A) in paragraph (3)— (i) in subparagraph (A), by striking and (ii) in subparagraph (B)(vi), by striking the period at the end and inserting ; and (B) by redesignating paragraph (4) as subparagraph (C) and adjusting the margins accordingly; and (16) in section 1098(6) (124 Stat. 2104), by inserting the first place that term appears and (b) Effective date The amendments made by paragraphs (14), (15), and (16) of subsection (a) of this section shall take effect as if enacted as part of subtitle H of the Consumer Financial Protection Act of 2010 (title X of Public Law 111–203 999C. Title XI correction Section 1105(d)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5612(d)(1) authority by the President authority 999D. Title XII correction Section 1208(b) of the Improving Access to Mainstream Financial Institutions Act of 2010 ( 12 U.S.C. 5626(b) Fund for each Fund (as defined in section 103(10) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702(10) 999E. Title XIV correction Section 1451(c) of the Mortgage Reform and Anti-Predatory Lending Act ( 12 U.S.C. 1701x–1(c) pursuant 999F. Conforming corrections to other statutes (a) Alternative mortgage transaction parity act of 1982 The Alternative Mortgage Transaction Parity Act of 1982 ( 12 U.S.C. 3801 et seq. (1) in section 802(a)(3) ( 12 U.S.C. 3801(a)(3) the Director of the Office of Thrift Supervision the Bureau of Consumer Financial Protection (2) in section 804(d)(1) ( 12 U.S.C. 3803(d)(1) (A) by striking identified issued (B) by striking the comma after Administration (b) Bank Holding Company Acts (1) Bank Holding Company Act Amendments of 1970 Section 106(b)(1) of the Bank Holding Company Act Amendments of 1970 ( 12 U.S.C. 1972(1) (A) by inserting Office of the Comptroller of the (B) by striking “Federal Deposit Insurance Company” and inserting “Federal Deposit Insurance Corporation”. (2) Bank Holding Company Act of 1956 Section 13 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851 (A) in subsection (d)(1)(E), by striking 102 of the Small Business Investment Act of 1958 ( 15 U.S.C. 662 103(3) of the Small Business Investment Act of 1958 ( 15 U.S.C. 662(3) (B) in subsection (f)(3)(A)(ii), by striking (d)(1)(g)(v) (d)(1)(G)(v) (C) in the matter preceding subparagraph (A) of subsection (h)(1), by striking section 8 of the International Banking Act of 1978 section 8(a) of the International Banking Act of 1978 ( 12 U.S.C. 3106(a) (c) Balanced Budget and Emergency Deficit Control Act Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) Office of Thrift Supervision (20–4108–0–3–373). (d) Bretton Woods Agreements Act Section 68(a)(1) of the Bretton Woods Agreements Act ( 22 U.S.C. 286tt(a)(1) Fund , Fund, (e) CAN–SPAM Act of 2003 Section 7(b)(1)(D) of the CAN–SPAM Act of 2003 ( 15 U.S.C. 7706(b)(1)(D) Director of the Office of Thrift Supervision Comptroller of the Currency or the Board of Directors of the Federal Deposit Insurance Corporation, as applicable (f) Children's Online Privacy Protection Act of 1998 Section 1306(b)(2) of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505(b)(2) Director of the Office of Thrift Supervision Comptroller of the Currency or the Board of Directors of the Federal Deposit Insurance Corporation, as applicable (g) Commodity Exchange Act The Commodity Exchange Act ( 7 U.S.C. 1 et seq. (1) in section 1a ( 7 U.S.C. 1a (A) in paragraph (12)(A)(i)(II), by adding a semicolon at the end; (B) in paragraph (39)(A)(iv), by striking 225 25 (C) in paragraph (47)(B)(viii)(II), by striking ( 15 U.S.C. 77b(a)(11) ( 15 U.S.C. 77b(a)(11) (2) in section 2 ( 7 U.S.C. 2 (A) in subsection (c)(2)(D)(ii)(I), by striking subparagraphs subparagraph (B) in subsection (h)— (i) in paragraph (5)— (I) in subparagraph (A)— (aa) by striking Swaps Each swap (bb) by striking no later than 180 days after the effective date of this subsection. no later than— (i) 30 days after the issuance of the interim final rule; or (ii) such other date as the Commission determines appropriate. ; and (II) in subparagraph (B), by striking Swaps Each swap (ii) in paragraph (7)— (I) in subparagraph (C)(i)(VII), by inserting or a governmental plan employee benefit plan (II) in subparagraph (D)(ii)(V), by striking of that Act of that section (iii) in paragraph (8)(A)(ii), by inserting section 5h or (3) in section 4 ( 7 U.S.C. 6 (A) in subsection (b)(1)(A), by striking commission Commission (B) in subsection (c)(1)— (i) in subparagraph (A)— (I) by inserting the Commission shall not grant exemptions, grant exemptions, (II) in clause (i)— (aa) in subclause (I)— (AA) by striking 5(g), 5(h), (BB) by striking 8e, (bb) in subclause (II), by striking 206(e) 206 (ii) in subparagraph (B), by striking (D)) (D) (4) in section 4d(f)(2)(A) ( 7 U.S.C. 6d(f)(2)(A) though through (5) in section 4s ( 7 U.S.C. 6s (A) in subsection (e)(3)— (i) in subparagraph (B)(i)(II), by striking (11)) (11))) (ii) in subparagraph (D)(ii), in the matter preceding subclause (I), by striking non cash collateral noncash collateral (B) in subsection (f)(1)(B)(i), by striking Commission prudential regulator (C) in subsection (h)— (i) in paragraph (2)(B), by inserting a swap with (ii) in paragraph (5)(A)— (I) in clause (i)— (aa) by striking section 1a(18) section 1a(18)(A) (bb) in subclause (VII), by striking act of Act of (II) in clause (ii), by inserting in connection with the transaction acting (D) in subsection (k)(3)(A)(ii), by striking the code any code (6) in section 5(d)(19)(A) ( 7 U.S.C. 7(d)(19)(A) taking take (7) in section 5b ( 7 U.S.C. 7a–1 (8) in section 5c(c) ( 7 U.S.C. 7a–2(c) (A) in paragraph (4)(B), by striking 1a(10) 1a(9) (B) in paragraph (5)— (i) in subparagraph (A), by striking this subtitle this Act (ii) in subparagraph (C)(i), by striking 1a(2)(i) 1a(9) (9) in section 5h ( 7 U.S.C. 7b–3 (A) in subsection (a)(1) , by striking a facility a swap execution facility (B) in subsection (f)(11)(A), by striking taking take (10) in section 22(a)(1)(C)(ii) ( 7 U.S.C. 25(a)(1)(C)(ii) or (11) in section 23 ( 7 U.S.C. 26 (A) in subsection (c)— (i) in paragraph (1)(B)(i)(III), by striking the Act this Act (ii) in paragraph (2)(A)(i), by striking a appropriate an appropriate (B) in subsection (f)(3), by striking 7064 706 (h) Community Reinvestment Act of 1977 The Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq. (1) in section 803(1)(C) ( 12 U.S.C. 2902(1)(C) (2) in section 806 ( 12 U.S.C. 2905 companies,, companies, (i) Credit Repair Organizations Act Section 403(4) of the Credit Repair Organizations Act ( 15 U.S.C. 1679a(4) 103(e) 103(f) (j) Depository Institution Management Interlocks Act Section 205(9) of the Depository Institution Management Interlocks Act ( 12 U.S.C. 3204(9) Director of the Office of Thrift Supervision appropriate Federal banking agency (k) Economic Growth and Regulatory Paperwork Reduction Act of 1996 Section 2227(a)(1) of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 ( 12 U.S.C. 252(a)(1) the Director of the Office of Thrift Supervision, (l) Electronic Fund Transfer Act The Electronic Fund Transfer Act ( 15 U.S.C. 1693 et seq. (1) in section 903 ( 15 U.S.C. 1693a (A) in paragraph (2), by striking 103(i) 103(j) (B) by redesignating the first paragraph designated as paragraph (4) (defining the term Board (2) in section 904(a) ( 15 U.S.C. 1693b(a) (A) by redesignating the second paragraph designated as paragraph (1) (relating to consultation with other agencies), the second paragraph designated as paragraph (2) (relating to the preparation of an analysis of economic impact), paragraph (3), and paragraph (4) as subparagraphs (A), (B), (C), and (D), respectively, and adjusting the margins accordingly; (B) by striking In prescribing such regulations, the Board shall: (3) Regulations In prescribing regulations under this subsection, the Bureau and the Board shall— ; (C) in paragraph (3)(C), as so redesignated, by striking the Board shall (D) in paragraph (3)(D), as so redesignated— (i) by inserting send promptly any (ii) by striking shall be sent promptly to Congress by the Board to Congress (3) in section 909(c) ( 15 U.S.C. 1693g(c) 103(e) 103(f) (4) in section 918(a)(4) ( 15 U.S.C. 1693o(a)(4) Act and Act; and (5) in section 920(a)(4)(C) ( 15 U.S.C. 1693o–2(a)(4)(C) the Director of the Office of Thrift Supervision, (m) Emergency Economic Stabilization Act of 2008 Section 101(b) of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5211(b) the Director of the Office of Thrift Supervision, (n) Equal credit opportunity act The Equal Credit Opportunity Act ( 15 U.S.C. 1691 et seq. (1) in section 703 ( 15 U.S.C. 1691b (A) in each of subsections (c) and (d), by striking paragraph subsection (B) in subsection (g), by adding a period at the end; (2) in section 704 ( 15 U.S.C. 1691c (A) in subsection (a), by striking Consumer Protection Financial Protection Act of 2010 with Consumer Financial Protection Act of 2010, compliance with (B) in subsection (c), in the second sentence, by striking subchapter title (3) in section 704B(e)(3) ( 15 U.S.C. 1691c–2(e)(3) (1)(E) (2)(E) (4) in section 706(k) ( 15 U.S.C. 1691e(k) (o) Expedited funds availability act The Expedited Funds Availability Act ( 12 U.S.C. 4001 et seq. (1) in section 605(f)(2)(A) ( 12 U.S.C. 4004(f)(2)(A) ,, (2) in section 610(a)(2) ( 12 U.S.C. 4009(a)(2) Director of the Office of Thrift Supervision Comptroller of the Currency and the Board of Directors of the Federal Deposit Insurance Corporation, as appropriate, (p) Fair credit reporting act The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. (1) in section 603 ( 15 U.S.C. 1681a (A) in subsection (d)(2)(D), by striking (x) (y) (B) in subsection (q)(5), by striking 103(i) 103(j) (C) in subsection (v), by striking Bureau Federal Trade Commission (2) in section 604 ( 15 U.S.C. 1681b (A) in subsection (b)(2)(B)(i), by striking section 615(a)(3) section 615(a)(4) (B) in subsection (g)(5), by striking paragraph (2) The Bureau paragraph (2) (3) in section 605(h)(2)(A) ( 15 U.S.C. 1681c(h)(2)(A) (A) by striking shall,, shall, (B) by striking Commission,, Commission, (4) in paragraphs (1)(A), (1)(B)(i), (2)(A)(i), and (2)(B) of section 605A(h) ( 15 U.S.C. 1681c–1(h) (A) by striking 103(i) 103(j) (B) by striking open-end open end (5) in section 609 ( 15 U.S.C. 1681g (A) in subsection (c)(1)— (i) in the paragraph heading, by striking commission bureau (ii) in subparagraph (B)(vi), by striking 603(w) 603(x) (B) by striking The Commission The Bureau (6) in section 611 ( 15 U.S.C. 1681i The Commission The Bureau (7) in section 612 ( 15 U.S.C. 1681j (A) in subsection (a)(1), by striking (w) (x) (B) by striking The Commission The Bureau (8) in section 621 ( 15 U.S.C. 1681s (A) in subsection (a)(1), in the first sentence, by striking , subsection (b) (B) in subsection (e)(2), by inserting a period after provisions of this title (C) in subsection (f)(2), by striking The Commission The Bureau (q) Federal Credit Union Act Section 206(g)(7)(D)(iv) of the Federal Credit Union Act ( 12 U.S.C. 1786(g)(7)(D)(iv) (r) Federal Deposit Insurance Act The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. (1) in section 3(q)(2)(C) ( 12 U.S.C. 1813(q)(2)(C) and (2) in section 7 ( 12 U.S.C. 1817 (A) in subsection (b)(2)— (i) in subparagraph (A), by striking (D) (C) (ii) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (B) in subsection (e)(2)(C), by adding a period at the end; (3) in section 8 ( 12 U.S.C. 1818 (A) in subsection (b)(3), by striking Act)) Act) (B) in subsection (t)— (i) in paragraph (2)— (I) in subparagraph (C), by striking depositors or depositors; or (II) in subparagraph (D), by striking the semicolon at the end and inserting a period; and (ii) by redesignating the second paragraph designated as paragraph (6), as added by section 1090(1) of the Consumer Financial Protection Act of 2010 (title X of Public Law 111–203 (4) in section 10(b)(3)(A) ( 12 U.S.C. 1820(b)(3)(A) that Act the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. (5) in section 11 ( 12 U.S.C. 1821 (A) in subsection (d)(2)(I)(ii), by striking and section 21A(b)(4) (B) in subsection (m), in each of paragraphs (16) and (18), by striking the comma after Comptroller of the Currency (6) in section 26(a) ( 12 U.S.C. 1831c(a) Holding Company Act Holding Company Act of 1956 (s) Federal Financial Institutions Examination Council Act of 1978 Section 1003(1) of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3302(1) the Office of Thrift Supervision, (t) Federal Fire Prevention and Control Act of 1974 Section 31(a)(5)(B) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2227(a)(5)(B) the Federal Deposit Insurance Corporation (u) Federal Home Loan Bank Act The Federal Home Loan Bank Act ( 12 U.S.C. 1421 et seq. (1) in section 10(h)(1) ( 12 U.S.C. 1430(h)(1) Director of the Office of Thrift Supervision Comptroller of the Currency or the Board of Directors of the Federal Deposit Insurance Corporation, as applicable (2) in section 22(a) ( 12 U.S.C. 1442(a) (A) in the matter preceding paragraph (1), by striking Currency Supervision Currency, the Chairman of the Board of Governors of the Federal Reserve System, the Chairperson of the Federal Deposit Insurance Corporation, and the Chairman of the National Credit Union Administration (B) in the undesignated matter following paragraph (2), by striking Currency Supervision Currency, the Chairman of the Board of Governors of the Federal Reserve System, and the Chairman of the National Credit Union Administration (v) Federal Reserve Act The Federal Reserve Act ( 12 U.S.C. 221 et seq. (1) in section 10 ( 12 U.S.C. 247b (2) in section 11 ( 12 U.S.C. 248 (A) by redesignating subsection (s), as added by section 1103(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (124 Stat. 2118) (relating to Federal Reserve transparency and release of information), as subsection (t), and moving subsection (t), as so redesignated, so it appears after subsection (s); (B) in subsection (s)(2)(C), by striking supervised by the Board subject to a final determination (C) in subsection (t), as so redesignated, in paragraph (8)(B), by striking this section this subsection (w) Financial Institutions Reform, Recovery, and Enforcement Act of 1989 The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( Public Law 101–73 (1) in section 1121(6) ( 12 U.S.C. 3350(6) the Office of Thrift Supervision, (2) in section 1206(a) ( 12 U.S.C. 1833b(a) and the Bureau of Consumer Financial Protection, the Bureau of Consumer Financial Protection, and (x) Gramm-Leach-Bliley Act The Gramm-Leach-Bliley Act ( Public Law 106–102 (1) in section 132(a) ( 12 U.S.C. 1828b(a) the Director of the Office of Thrift Supervision, (2) in section 206(a) ( 15 U.S.C. 78c Except as provided in subsection (e), for For (3) in section 502(e)(5) ( 15 U.S.C. 6802(e)(5) Protection (4) in section 504(a)(2) ( 15 U.S.C. 6804(a)(2) and, as appropriate, and with and, as appropriate, with (5) in section 509(2) ( 15 U.S.C. 6809(2) (A) by striking subparagraph (D); and (B) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (6) in section 522(b)(1)(A)(iv) ( 15 U.S.C. 6822(b)(1)(A)(iv) Director of the Office of Thrift Supervision Comptroller of the Currency and the Board of Directors of the Federal Deposit Insurance Corporation, as appropriate (y) Helping families save their homes act of 2009 Section 104 of the Helping Families Save Their Homes Act of 2009 ( 12 U.S.C. 1715z–25 (1) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking and the Director of the Office of Thrift Supervision, shall jointly shall (ii) by striking Senate, Senate and (iii) by striking and the Office of Thrift Supervision (iv) by striking each such such (B) in paragraph (1), by striking and the Office of Thrift Supervision (2) in subsection (b)(1)— (A) in subparagraph (A)— (i) in the first sentence— (I) by striking and the Director of the Office of Thrift Supervision, (II) by striking or the Director (ii) in the second sentence, by striking and the Director of the Office of Thrift Supervision (B) in subparagraph (B), by striking and the Director of the Office of Thrift Supervision (z) Home mortgage disclosure act of 1975 The Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2801 et seq. (1) in section 304(j)(3) ( 12 U.S.C. 2803(j)(3) (2) in section 305(b)(1)(A) ( 12 U.S.C. 2804(b)(1)(A) (A) in the matter preceding clause (i), by inserting by the appropriate Federal banking agency (B) in clause (iii), by striking bank as, bank, as (aa) Home Owners' Loan Act The Home Owners' Loan Act ( 12 U.S.C. 1461 et seq. (1) in section 5 ( 12 U.S.C. 1464 (A) in subsection (d)(2)(E)(ii)— (i) in the first sentence, by striking Except as provided in section 21A of the Federal Home Loan Bank Act, the The (ii) by striking , at the Director’s discretion, (B) in subsection (i)(6), by striking the Office of Thrift Supervision or (C) in subsection (m), by striking Director's appropriate Federal banking agency's (D) in subsection (n)(9)(B), by striking Director’s Comptroller’s (E) in subsection (s)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking of such Act) shall require of such Act), the appropriate Federal banking agency shall require (II) in subparagraph (B), by striking other methods determines other methods as the appropriate Federal banking agency determines (ii) in paragraph (2)— (I) by striking determined may, consistent determined by appropriate federal banking agency case-by-case (II) by striking capital-to-assets determines to be necessary capital-to-assets as the appropriate Federal banking agency determines to be necessary (iii) in paragraph (3)— (I) by striking agency, may agency may (II) by striking the Comptroller the appropriate Federal banking agency (2) in section 6(c) ( 12 U.S.C. 1465(c) sections section (3) in section 10 ( 12 U.S.C. 1467a (A) in subsection (b)(6), by striking time release time, upon the motion or application of the Board, release (B) in subsection (c)(2)(H)— (i) in the matter preceding clause (i)— (I) by striking 1841(p)) 1841(p))) (II) by inserting ( 12 U.S.C. 1843(k) if— (ii) in clause (i), by inserting of 1956 ( 12 U.S.C. 1843(l) Company Act (C) in subsection (e)(7)(B)(iii)— (i) by striking Board of the Office of Thrift Supervision Director of the Office of Thrift Supervision (ii) by inserting (as defined in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 transfer date (4) in section 13 ( 12 U.S.C. 1468b the a a (bb) Home Ownership and Equity Protection Act of 1994 Section 158 of the Home Ownership and Equity Protection Act of 1994 ( 15 U.S.C. 1601 Bureau Bureau of Consumer Financial Protection (cc) Housing act of 1948 Section 502(c)(3) of the Housing Act of 1948 ( 12 U.S.C. 1701c(c)(3) Federal Home Loan Bank Agency Federal Housing Finance Agency (dd) Housing and Urban Development Act of 1968 Section 106(h)(5) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(h)(5) authorised authorized (ee) International Banking Act of 1978 Section 15 of the International Banking Act of 1978 ( 12 U.S.C. 3109 (1) in each of subsections (a) and (b)— (A) by striking , and Director of the Office of Thrift Supervision (B) by inserting and Federal Deposit (2) in subsection (a), by striking Comptroller, Corporation, or Director Comptroller, or Corporation (3) in subsection (c)(4)— (A) by inserting and the Federal Deposit (B) by striking , and the Director of the Office of Thrift Supervision (ff) International Lending Supervision Act of 1983 Section 912 of the International Lending Supervision Act of 1983 ( 12 U.S.C. 3911 (1) in the section heading, by striking and the Office of Thrift Supervision (2) by striking subsection (b); (3) by striking (a) In general (4) by striking 4 3 (gg) Interstate land sales full disclosure act The Interstate Land Sales Full Disclosure Act ( 15 U.S.C. 1701 et seq. (1) in section 1402(1) ( 15 U.S.C. 1701(1) Bureau of Bureau of Consumer Financial Protection; (2) in each of section 1411(b) ( 15 U.S.C. 1710(b) 15 U.S.C. 1717a (hh) Investment Advisers Act of 1940 Section 224 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–18c Commodities Commodity (ii) Legal Certainty for Bank Products Act of 2000 Section 403(b)(1) of the Legal Certainty for Bank Products Act of 2000 ( 7 U.S.C. 27a(b)(1) that section section (jj) Omnibus Appropriations Act, 2009 Section 626(b) of the Omnibus Appropriations Act, 2009 ( 12 U.S.C. 5538(b) as appropriate (kk) Public law 93–495 Section 111 of Public Law 93–495 12 U.S.C. 250 the Director of the Office of Thrift Supervision, (ll) Revised Statutes of the United States Section 5136C(i) of the Revised Statutes of the United States ( 12 U.S.C. 25b(i) powers In accordance powers (mm) Riegle Community Development and Regulatory Improvement Act of 1994 Section 117(e) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4716(e) the Director of the Office of Thrift Supervision, (nn) S.A.F.E. Mortgage Licensing Act of 2008 Section 1514 of the S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5113 Secretary’s Director’s (oo) Securities Exchange Act of 1934 The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. (1) in section 3C(g)(4)(B)(v) ( 15 U.S.C. 78c–3(g)(4)(B)(v) of that Act of that section (2) in section 3D(d)(10)(A) ( 15 U.S.C. 78c–4(d)(10)(A) taking take (3) in section 3E(b)(1) ( 15 U.S.C. 78c–5(b)(1) though through (4) in section 4(g)(8)(A) ( 15 U.S.C. 78d(g)(8)(A) (2)(A)(i) (2)(A)(ii) (5) in section 15 ( 15 U.S.C. 78o (A) in each of subparagraphs (B)(ii) and (C) of subsection (b)(4), by striking dealer municipal advisor,, dealer, municipal advisor, (B) by redesignating subsection (j) (relating to the authority of the Commission) as subsection (p), and moving that subsection so it follows subsection (o); (C) by redesignating subsections (k) and (l) (relating to standard of conduct and other matters, respectively), as added by section 913(g)(1) of the Investor Protection and Securities Reform Act of 2010 (title IX of Public Law 111–203 (D) in subsection (m), in the undesignated matter following paragraph (2), by inserting the same extent (6) in section 15F(h) ( 15 U.S.C. 78o–10(h) (A) in paragraph (2)— (i) in subparagraph (A), by inserting “a” after “that acts as an advisor to”; and (ii) in subparagraph (B), by inserting a offers to enter into (B) in paragraph (5)(A)(i)— (i) by inserting (A) (18) (ii) in subclause (VII), by striking act of Act of (7) in section 15G ( 15 U.S.C. 78o–11 (A) in subsection (b)(2), by inserting Director of the Federal Housing (B) in subsection (e)— (i) in paragraph (4)— (I) in subparagraph (A), by striking subsection section (II) in subparagraph (C)— (aa) by striking 129C(c)(2) 129C(b)(2)(A) (bb) by inserting ( 15 U.S.C. 1639c(b)(2)(A) Lending Act (ii) in paragraph (5), by striking subsection section (8) in section 17A ( 15 U.S.C. 78q–1 Public Law 111–203 (pp) Telemarketing and consumer fraud and abuse prevention act Section 3(b) of the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6102(b) , provided, however, that nothing in this section shall conflict with or supersede section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 (qq) Title 5 Title 5, United States Code, is amended— (1) in section 3132(a)(1)(D), by striking the Office of Thrift Supervision,, the Resolution Trust Corporation, (2) in section 5314, by striking Director of the Office of Thrift Supervision. (rr) Title 31 (1) Amendments Title 31, United States Code, is amended— (A) by striking section 309; (B) in section 313— (i) in subsection (j)(2), by striking Agency (ii) in subsection (r)(4), by striking the Office of Thrift Supervision, (C) in section 714(d)(3)(B) by striking a audit an audit (2) Analysis The analysis for subchapter I of chapter 3 (ss) Truth in Lending Act The Truth in Lending Act ( 15 U.S.C. 1601 et seq. (1) in section 103(dd)(2)(E)(v) ( 15 U.S.C. 1602(dd)(2)(E)(v) Board Bureau (2) in section 105 ( 15 U.S.C. 1604 Public Law 111–203 Public Law 111–203 (3) in section 106(f)(2)(B)(i) ( 15 U.S.C. 1605(f)(2)(B)(i) 103(w) 103(x) (4) in section 121(b) ( 15 U.S.C. 1631(b) 103(f) 103(g) (5) in section 122(d)(5) ( 15 U.S.C. 1632(d)(5) and the Bureau (6) in section 125(e)(1) ( 15 U.S.C. 1635(e)(1) 103(w) 103(x) (7) in section 129 ( 15 U.S.C. 1639 (A) in subsection (q), by striking (l)(2) (p)(2) (B) in subsection (u)(3), by striking Board Bureau (8) in section 129C ( 15 U.S.C. 1639c (A) in subsection (b)(2)(B), by striking the second period at the end; and (B) in subsection (c)(1)(B)(ii)(I), by striking a original an original (9) in section 140A ( 15 U.S.C. 1651 the Bureau and (10) in section 148(d) ( 15 U.S.C. 1665c(d) Bureau Board (11) in section 149 ( 15 U.S.C. 1665d (A) by striking the Director of the Office of Thrift Supervision, (B) by striking National Credit Union Administration Bureau National Credit Union Administration Board (C) by striking Bureau of Directors of the Federal Deposit Insurance Corporation Board of Directors of the Federal Deposit Insurance Corporation (12) in section 181(1) ( 15 U.S.C. 1667(1) 103(g) 103(h) (tt) Truth in Savings Act The Truth in Savings Act ( 12 U.S.C. 4301 et seq. 12 U.S.C. 4308(a)(4) 12 U.S.C. 4309(a)(2) 12 U.S.C. 4313(6) Administration Bureau Administration Board 999G. Rulemaking deadlines (a) One-Year extension The deadline for issuance of any rule or regulation, conduct of any study, or submission of any report required by the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (b) No effect on finalized rules The extension provided under subsection (a) shall have no effect on any rule required by the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 999H. Effective dates Except as otherwise specifically provided in this title— (1) the amendments made by this title to a provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (2) the amendments made by this title to a provision of law amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act shall take effect as if enacted on the effective date of the amendment to that provision of law made by the Dodd-Frank Wall Street Reform and Consumer Protection Act, immediately after the amendment made by the Dodd-Frank Wall Street Reform and Consumer Protection Act takes effect. This division may be cited as the Financial Services and General Government Appropriations Act, 2016 B Department of the Interior, environment, and related agencies appropriations act, 2016 I Department of the interior Bureau of land management Management of lands and resources For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to section 1010(a) of Public Law 96–487 16 U.S.C. 3150(a) 30 U.S.C. 191 In addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2016, so as to result in a final appropriation estimated at not more than $1,045,562,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities. Land acquisition For expenses necessary to carry out sections 205, 206, and 318(d) of Public Law 94–579 Oregon and california grant lands For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $105,621,000, to remain available until expended: Provided 43 U.S.C. 1181(f) Range improvements For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 43 U.S.C. 315(b) Provided Service charges, deposits, and forfeitures For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94–579 43 U.S.C. 1701 et seq. 30 U.S.C. 185 Provided Public Law 94–579 43 U.S.C. 1735(a) 43 U.S.C. 1735(c) Provided further Miscellaneous trust funds In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of Public Law 94–579 43 U.S.C. 1737 43 U.S.C. 1721(b) Administrative provisions The Bureau of Land Management may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, including with States. Appropriations for the Bureau shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $10,000: Provided Public Law 90–620 44 U.S.C. 501 Provided further United states fish and wildlife service Resource management For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $1,203,545,000, to remain available until September 30, 2017 except as otherwise provided herein: Provided 16 U.S.C. 1533 16 U.S.C. 1533 Construction For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; $23,687,000, to remain available until expended. Land acquisition For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, ( 16 U.S.C. 460l–4 et seq. Provided Cooperative endangered species conservation fund For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 ( 16 U.S.C. 1535 National wildlife refuge fund For expenses necessary to implement the Act of October 17, 1978 ( 16 U.S.C. 715s North american wetlands conservation fund For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act ( 16 U.S.C. 4401 et seq. Neotropical migratory bird conservation For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6101 et seq. Multinational species conservation fund For expenses necessary to carry out the African Elephant Conservation Act ( 16 U.S.C. 4201 et seq. 16 U.S.C. 4261 et seq. 16 U.S.C. 5301 et seq. 16 U.S.C. 6301 et seq. 16 U.S.C. 6601 et seq. State and tribal wildlife grants For wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and federally recognized Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $60,571,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Administrative provisions The United States Fish and Wildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. Appropriations and funds available to the United States Fish and Wildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided 44 U.S.C. 501 Provided further Provided further 31 U.S.C. 3302 United States Fish and Wildlife Service—Resource Management National park service Operation of the national park system For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service and for the general administration of the National Park Service, $2,323,273,000, of which $9,923,000 for planning and interagency coordination in support of Everglades restoration and $96,961,000 for maintenance, repair, or rehabilitation projects for constructed assets shall remain available until September 30, 2017. National recreation and preservation For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, and grant administration, not otherwise provided for, $63,132,000. Historic preservation fund For expenses necessary in carrying out the National Historic Preservation Act ( 16 U.S.C. 470 et seq. Provided 16 U.S.C. 470(a)(3) 16 U.S.C. 470w Construction For construction, improvements, repair, or replacement of physical facilities, including modifications authorized by section 104 of the Everglades National Park Protection and Expansion Act of 1989 ( 16 U.S.C. 410r-8 Provided Provided further Provided further Provided further Land and water conservation fund (rescission) The contract authority provided for fiscal year 2016 by section 9 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–10a Land acquisition and state assistance For expenses necessary to carry out the Land and Water Conservation Act of 1965 (16 U.S.C. 460l–4 through 11), including administrative expenses, and for acquisition of lands or waters, or interest therein, in accordance with the statutory authority applicable to the National Park Service, $106,275,000, to be derived from the Land and Water Conservation Fund and to remain available until expended, of which $55,000,000 is for the State assistance program and of which $8,000,000 shall be for the American Battlefield Protection Program grants as authorized by section 7301 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 Centennial challenge For expenses necessary to carry out the provisions of section 814(g) of Public Law 104–333 16 U.S.C. 1f Provided Administrative provisions (including transfer of funds) In addition to other uses set forth in section 407(d) of Public Law 105–391 For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 ( Public Law 109–432 National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under 23 U.S.C. 204. Transfers may include a reasonable amount for FHWA administrative support costs. Herein and hereafter any amounts deposited into the National Park Service trust fund accounts (31 US.C. 1321(a)(l7)–(18)) shall be invested by the Secretary of the Treasury in interest bearing obligations of the United States to the extent such amounts are not, in his judgment, required to meet current withdrawals: Provided United states geological survey Surveys, investigations, and research For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by 43 U.S.C. 31 30 U.S.C. 641 30 U.S.C. 3 50 U.S.C. 98g(1) Provided Provided further Administrative provisions From within the amount appropriated for activities of the United States Geological Survey such sums as are necessary shall be available for contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells; expenses of the United States National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided Provided further 41 U.S.C. 6101 chapter 171 Bureau of ocean energy management Ocean energy management For expenses necessary for granting leases, easements, rights-of-way and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf and approving operations related thereto, as authorized by law; for environmental studies, as authorized by law; for implementing other laws and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $170,857,000, of which $74,235,000, is to remain available until September 30, 2017 and of which $96,622,000 is to remain available until expended: Provided Provided further Provided further Bureau of safety and environmental enforcement Offshore safety and environmental enforcement For expenses necessary for the regulation of operations related to leases, easements, rights-of-way and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf, as authorized by law; for enforcing and implementing laws and regulations as authorized by law and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $124,772,000, of which $67,565,000 is to remain available until September 30, 2017 and of which $57,207,000 is to remain available until expended: Provided Provided further For an additional amount, $65,000,000, to remain available until expended, to be reduced by amounts collected by the Secretary and credited to this appropriation, which shall be derived from non-refundable inspection fees collected in fiscal year 2016, as provided in this Act: Provided Provided further 43 U.S.C. 1331 et seq. Oil spill research For necessary expenses to carry out title I, section 1016, title IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of the Oil Pollution Act of 1990, $14,899,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. Office of surface mining reclamation and enforcement Regulation and technology For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87 Provided In addition, for costs to review, administer, and enforce permits issued by the Bureau pursuant to section 507 of Public Law 95–87 30 U.S.C. 1257 Provided Provided further Abandoned mine reclamation fund For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87 Provided Public Law 97–365 Provided further Public Law 95–87 Provided further Provided further Bureau of indian affairs and bureau of indian education Operation of indian programs (including transfer of funds) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 ( 25 U.S.C. 13 25 U.S.C. 450 et seq. 25 U.S.C. 2001–2019 25 U.S.C. 2501 et seq. Provided Provided further Provided further Provided further Provided further 25 U.S.C. 450f et seq. 25 U.S.C. 2008 Provided further Provided further Provided further Contract support costs For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs for fiscal year 2016, such sums as may be necessary, which shall be available for obligation through September 30, 2017: Provided Provided further Construction (including transfer of funds) For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483 Provided Provided further Provided further Provided further Public Law 100–297 Provided further Provided further 25 U.S.C. 2005(b) Provided further 25 U.S.C. 2504(f) Provided further 25 U.S.C. 2507(e) Provided further Provided further Indian land and water claim settlements and miscellaneous payments to indians For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 100–580, 101–618, 111–11, and 111–291, and for implementation of other land and water rights settlements, $40,655,000, to remain available until expended. Indian guaranteed loan program account For the cost of guaranteed loans and insured loans, $7,748,000, of which $1,062,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974: Provided Provided further Administrative provisions The Bureau of Indian Affairs may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with States and other organizations. Notwithstanding 25 U.S.C. 15 Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs for central office oversight and Executive Direction and Administrative Services (except executive direction and administrative services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 ( Public Law 103–413 In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs, this action shall not diminish the Federal Government's trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe's ability to access future appropriations. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Education, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq. No funds available to the Bureau of Indian Education shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau of Indian Education school system as of October 1, 1995, except that the Secretary of the Interior may waive this prohibition to support expansion of up to one additional grade when the Secretary determines such waiver is needed to support accomplishment of the mission of the Bureau of Indian Education. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau's funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 chapter 171 Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113 Public Law 101–301 Funds available under this Act may not be used to establish satellite locations of schools in the Bureau school system as of September 1, 1996, except that the Secretary may waive this prohibition in order for an Indian tribe to provide language and cultural immersion educational programs for non-public schools located within the jurisdictional area of the tribal government which exclusively serve tribal members, do not include grades beyond those currently served at the existing Bureau-funded school, provide an educational environment with educator presence and academic facilities comparable to the Bureau-funded school, comply with all applicable Tribal, Federal, or State health and safety standards, and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts to students such as those caused by busing students extended distances: Provided Provided further satellite school Departmental offices Office of the secretary Departmental operations For necessary expenses for management of the Department of the Interior, including the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and cooperative agreements, as authorized by law, $265,263,000, to remain available until September 30, 2017; of which not to exceed $15,000 may be for official reception and representation expenses; and of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines; and of which $12,000,000 for the Office of Valuation Services is to be derived from the Land and Water Conservation Fund and shall remain available until expended; and of which $38,300,000 shall remain available until expended for the purpose of mineral revenue management activities: Provided Administrative provisions For fiscal year 2016, up to $400,000 of the payments authorized by the Act of October 20, 1976 ( 31 U.S.C. 6901–6907 Provided Provided further Provided further Insular affairs Assistance to territories For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior and other jurisdictions identified in section 104(e) of Public Law 108–188 48 U.S.C. 1661(c) Public Law 94–241 Provided chapter 35 Provided further Public Law 104–134 Provided further Provided further 42 U.S.C. 5170c Compact of free association For grants and necessary expenses, $3,318,000, to remain available until expended, as provided for in sections 221(a)(2) and 233 of the Compact of Free Association for the Republic of Palau; and section 221(a)(2) of the Compacts of Free Association for the Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99–658 Public Law 108–188 Administrative provisions (including transfer of funds) At the request of the Governor of Guam, the Secretary may transfer discretionary funds or mandatory funds provided under section 104(e) of Public Law 108–188 Public Law 104–134 Provided Provided further Provided further Office of the solicitor Salaries and expenses For necessary expenses of the Office of the Solicitor, $63,800,000. Office of inspector general Salaries and expenses For necessary expenses of the Office of Inspector General, $50,047,000. Office of the special trustee for american indians Federal trust programs (including transfer of funds) For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $139,029,000, to remain available until expended, of which not to exceed $22,120,000 from this or any other Act, may be available for historical accounting: Provided Operation of Indian Programs Salaries and Expenses Departmental Operations Provided further 25 U.S.C. 450 et seq. Provided further Provided further Provided further Provided further Provided further Department-wide programs Wildland fire management (including transfers of funds) For necessary expenses for fire preparedness, fire suppression operations, fire science and research, emergency rehabilitation, hazardous fuels management activities, and rural fire assistance by the Department of the Interior, $908,745,000, to remain available until expended, of which not to exceed $6,427,000 shall be for the renovation or construction of fire facilities: Provided Provided further Provided further Provided further Provided further 42 U.S.C. 1856d 42 U.S.C. 1856 et seq. Provided further Provided further Provided further Public Law 109–154 Provided further Provided further 16 U.S.C. 1531 et seq. Provided further Provided further Provided further Provided further For an additional amount, $200,000,000 for wildfire suppression operations to meet the emergency and unpredictable aspects of wildland firefighting including support, response, and emergency stabilization activities, other emergency management activities, and funds necessary to repay any transfers needed for these costs, to remain available until expended: Provided Provided further Central hazardous materials fund For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. Natural resource damage assessment and restoration Natural resource damage assessment fund To conduct natural resource damage assessment, restoration activities, and onshore oil spill preparedness by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. 33 U.S.C. 1251 et seq. 33 U.S.C. 2701 et seq. Public Law 101–337 16 U.S.C. 19jj et seq. Working capital fund For the operation and maintenance of a departmental financial and business management system, information technology improvements of general benefit to the Department, and the consolidation of facilities and operations throughout the Department, $57,100,000, to remain available until expended: Provided Provided further Public Law 93–638 Provided further Provided further Provided further Administrative provision There is hereby authorized for acquisition from available resources within the Working Capital Fund, aircraft which may be obtained by donation, purchase or through available excess surplus property: Provided General provisions, department of the interior (including transfers of funds) Emergency transfer authority—intra-bureau 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided Provided further Emergency transfer authority—department-wide 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106–224 7 U.S.C. 7717(b) Public Law 95–87 Provided Provided further wildland fire operations Provided further Provided further Authorized use of funds 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. Authorized use of funds, indian trust management 104. Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. Redistribution of funds, bureau of indian affairs 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2016. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. Ellis, governors, and liberty islands 106. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable. Outer continental shelf inspection fees 107. (a) In fiscal year 2016, the Secretary shall collect a nonrefundable inspection fee, which shall be deposited in the Offshore Safety and Environmental Enforcement 43 U.S.C. 1348(c) (b) Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2016 shall be: (1) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. (c) Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2016. Fees for fiscal year 2016 shall be: (1) $30,500 per inspection for rigs operating in water depths of 500 feet or more; and (2) $16,700 per inspection for rigs operating in water depths of less than 500 feet. (d) The Secretary shall bill designated operators under subsection (b) within 60 days, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. Bureau of ocean energy management, regulation and enforcement reorganization 108. The Secretary of the Interior, in order to implement a reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in the report accompanying this Act. Contracts and agreements for wild horse and burro holding facilities 109. Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 304B of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254c REISSUANCE OF FINAL RULES 110. Before the end of the 60-day period beginning on the date of the enactment of this Act, the Secretary of the Interior shall reissue the final rule published on December 28, 2011 (76 Fed. Reg. 81666 et seq.) and the final rule published on September 10, 2012 (77 Fed. 7 Reg. 55530 et seq.), without regard to any other provision of statute or regulation that applies to issuance of such rules. Such reissuances (including this section) shall not be subject to judicial review. Mass marking of salmonids 111. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers. Prohibition on use of funds 112. (a) Any proposed new use of the Arizona & California Railroad Company's Right of Way for conveyance of water shall not proceed unless the Secretary of the Interior certifies that the proposed new use is within the scope of the Right of Way as interpreted by the Department's Office of the Solicitor's opinion, Memorandum M–37025, issued on November 4, 2011. (b) No funds appropriated or otherwise made available to the Department of the Interior may be used, in relation to any proposal to export groundwater for municipal use, for approval of any right-of-way or similar authorization on the Mojave National Preserve or lands managed by the Needles Field Office of the Bureau of Land Management, or for carrying out any activities associated with such right-of-way or similar approval. Republic of palau 113. (a) In General Subject to subsection (c), the United States Government, through the Secretary of the Interior shall provide to the Government of Palau for fiscal year 2016 grants in amounts equal to the annual amounts specified in subsections (a), (c), and (d) of section 211 of the Compact of Free Association between the Government of the United States of America and the Government of Palau ( 48 U.S.C. 1931 Compact (b) Programmatic Assistance Subject to subsection (c), the United States shall provide programmatic assistance to the Republic of Palau for fiscal year 2016 in amounts equal to the amounts provided in subsections (a) and (b)(1) of section 221 of the Compact. (c) Limitations on Assistance (1) In general The grants and programmatic assistance provided under subsections (a) and (b) shall be provided to the same extent and in the same manner as the grants and assistance were provided in fiscal year 2009. (2) Trust fund If the Government of Palau withdraws more than $5,000,000 from the trust fund established under section 211(f) of the Compact, amounts to be provided under subsections (a) and (b) shall be withheld from the Government of Palau. statewide variances 114. On land under the jurisdiction of a State or federally recognized Indian tribe, if State or tribal laws or regulations are in place regarding the process generally understood to encompass hydraulic fracturing or well stimulation for the purpose of production of natural gas and oil, the Bureau of Land Management shall issue to that State or Indian tribe a statewide variance for all wells from the requirements of the final rule entitled Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands Wild lands funding prohibition 115. None of the funds made available in this Act or any other Act may be used to implement, administer, or enforce Secretarial Order No. 3310 issued by the Secretary of the Interior on December 22, 2010: Provided Volunteers in parks 116. Section 4 of Public Law 91–357 16 U.S.C. 18j $5,000,000 $10,000,000 Contracts and agreements with indian affairs 117. Notwithstanding any other provision of law, during fiscal year 2016, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year. Extension of authorities 118. Division II of Public Law 104–333 16 U.S.C. 461 2015 2021 Sage-grouse 119. None of the funds made available by this or any other Act may be used by the Secretary of the Interior to write or issue pursuant to section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (1) a proposed rule for greater sage-grouse ( Centrocercus urophasianus (2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse; (3) a final rule for the bi-state distinct population segment of greater sage-grouse; or (4) a final rule for Gunnison sage-grouse ( Centrocercus minimus Offshore pay authority extension 120. Section 117 of Division G of Public Law 113–76 and 2015 through 2016 Onshore pay authority extension 121. Section 123 of Division G of Public Law 113–76 and 2015 through 2016 National park service affiliated areas 122. (a) Section 5 of Public Law 95–348 not to exceed $3,000,000 such sums as may be necessary for the purposes of this Section (b) Section 204 of Public Law 93–486 Public Law 100–355 , but not to exceed $2,000,000 Wildlife restoration extension of investment of unexpended amounts 123. Section 3(b)(2)(C) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669b(b)(2)(C) 2016 2017 Department of the interior experienced services program 124. (a) Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under Title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law. (b) Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not— (1) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits; (2) result in the use of an individual under the Department of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or (3) affect existing contracts for services. National defense authorization act technical amendment 125. Section 3096(2) of the Carl Levin and Howard P. Buck for fiscal year 2015 $37,000,000 roosevelt campobello international park 126. The annual budget request submitted by the Roosevelt Campobello International Park Commission shall hereafter be directly submitted to Congress unchanged by the National Park Service. The Service may comment on the Commission's budget request with such additions and subtractions that the Service may propose. There shall be no diminution of the amount appropriated for the Commission, unless specified by Congress in the annual appropriations bill or the report to accompany the bill. KING COVE ROAD LAND EXCHANGE 127. (a) Finding Congress finds that the land exchange required under this section (including the designation of the road corridor and the construction of the road along the road corridor) is in the public interest. (b) Definitions In this section: (1) Federal land (A) In general The term Federal land Project Area Map (B) Inclusion The term Federal land (2) Non-federal land The term non-Federal land Project Area Map (3) Refuge The term Refuge (4) Road corridor The term road corridor (5) Secretary The term Secretary (6) State The term State (7) Wilderness The term Wilderness 16 U.S.C. 1132 Public Law 96–487 (c) Land exchange required (1) In general If the State offers to convey to the Secretary all right, title, and interest of the State in and to the non-Federal land, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal Land. (2) Use of federal land The Federal land shall be conveyed to the State for the purposes of— (A) designating a road corridor through the Refuge; and (B) constructing a noncommercial single-lane gravel road along the road corridor between the cities of King Cove and Cold Bay in the State to provide access to emergency medical services via the all-weather airport in Cold Bay. (3) Valuation, appraisals, and equalization (A) In general The value of the Federal land and the non-Federal land to be exchanged under this section— (i) shall be equal, as determined by appraisals conducted in accordance with subparagraph (B); or (ii) if not equal, shall be equalized in accordance with subparagraph (C). (B) Appraisals (i) In general As soon as practicable after the date of enactment of this Act, the Secretary and State shall select an appraiser to conduct appraisals of the Federal land and non-Federal land. (ii) Requirements The appraisals required under clause (i) shall be conducted in accordance with nationally recognized appraisal standards, including— (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (II) the Uniform Standards of Professional Appraisal Practice. (C) Equalization (i) Surplus of federal land If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized— (I) by conveying additional non-Federal land in the State to the Secretary, subject to the approval of the Secretary; (II) by the State making a cash payment to the United States; or (III) by using a combination of the methods described in subclauses (I) and (II). (ii) Surplus of non-federal land If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized by the State adjusting the acreage of the non-Federal land to be conveyed. (iii) Amount of payment Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(b) (4) Administration On completion of the exchange of Federal land and non-Federal land under this section— (A) the boundary of the Wilderness shall be modified to exclude the Federal land; and (B) the non-Federal land shall be— (i) added to the Wilderness; and (ii) administered in accordance with— (I) the Wilderness Act ( 16 U.S.C. 1131 et seq. (II) other applicable laws. (5) Deadline The land exchange under this section shall be completed not later than 90 days after the date of enactment of this Act. (d) Route of road corridor The route of the road corridor shall follow the southern road alignment as described in the alternative entitled Alternative 2-Land Exchange and Southern Road Alignment Izembek National Wildlife Refuge Land Exchange/Road Corridor Final Environmental Impact Statement (e) Requirements relating to road The requirements relating to usage, barrier cables, and dimensions and the limitation on support facilities under subsections (a) and (b) of section 6403 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (f) Effect The exchange of Federal land and non-Federal land under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. lesser prairie chicken 128. None of the funds made available by this Act shall be used to implement or enforce the threatened species listing of the lesser prairie chicken under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. II Environmental protection agency Science and technology For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; and other operating expenses in support of research and development, $703,958,000, to remain available until September 30, 2017: Provided Environmental programs and management For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002; and not to exceed $9,000 for official reception and representation expenses, $2,561,498,000, to remain available until September 30, 2017: Provided Provided further Hazardous waste electronic manifest system fund For necessary expenses to carry out section 3024 of the Solid Waste Disposal Act ( 42 U.S.C. 6939g Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $41,489,000, to remain available until September 30, 2017. Buildings and facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $42,317,000, to remain available until expended. Hazardous substance superfund (including transfers of funds) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) ( 42 U.S.C. 9611 Provided Provided further Office of Inspector General Science and Technology Leaking underground storage tank trust fund program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, $91,485,000, to remain available until expended, of which $66,116,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act; $25,369,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code: Provided Inland oil spill programs For expenses necessary to carry out the Environmental Protection Agency's responsibilities under the Oil Pollution Act of 1990, $18,078,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. State and tribal assistance grants For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $3,027,937,000, to remain available until expended, of which— (1) $1,047,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act; and of which $775,896,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further (2) $10,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; Provided (3) $20,000,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided 33 U.S.C. 1301 7 U.S.C. 1921 et seq. (4) $80,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided (5) $20,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005; (6) $15,000,000 shall be for targeted airshed grants in accordance with the terms and conditions of the report accompanying this Act; and (7) $1,060,041,000 shall be for grants, including associated program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104–134 Leaking Underground Storage Tank Trust Fund Program Provided Administrative provisions—environmental protection agency (including transfer and rescission of funds) For fiscal year 2016, notwithstanding 31 U.S.C. 6303(1) The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by Public Law 112–177 Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) ( 7 U.S.C. 136w–8(d)(2) 7 U.S.C. 136w–8 The Administrator is authorized to transfer up to $300,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading Environmental Programs and Management The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities provided that the cost does not exceed $150,000 per project. The Administrator of the Environmental Protection Agency shall base agency policies and actions regarding air emission from forest biomass including, but not limited to, air emissions from facilities that combust forest biomass for energy, on the principle that forest biomass emission do not increase overall carbon dioxide accumulations in the atmosphere when USDA Forest Inventory and Analysis data show that forest carbon stocks in the U.S. are stable or increasing on a national scale, or when forest biomass is derived from mill residuals, harvest residuals or forest management activities. Such policies and actions shall not pre-empt existing authorities of States to determine how to utilize biomass as a renewable energy source and shall not inhibit States’ authority to apply the same policies to forest biomass as other renewable fuels in implementing Federal law. For fiscal year 2016, and notwithstanding section 518(f) of the Water Pollution Control Act, the Administrator is authorized to use the amounts appropriated for any fiscal year under Section 319 of the Act to make grants to federally recognized Indian tribes pursuant to sections 319(h) and 518(e) of that Act. The Administrator is authorized to use the amounts appropriated under the heading Environmental Programs and Management III Related agencies Department of agriculture Forest service Forest and rangeland research For necessary expenses of forest and rangeland research as authorized by law, $291,904,000, to remain available until expended: Provided State and private forestry For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and others, and for forest health management, including treatments of pests, pathogens, and invasive or noxious plants and for restoring and rehabilitating forests damaged by pests or invasive plants, cooperative forestry, and education and land conservation activities and conducting an international program as authorized, $226,655,000, to remain available until expended, as authorized by law; of which $59,800,000 is to be derived from the Land and Water Conservation Fund. National forest system (including transfers of funds) For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, $1,516,764,000, to remain available until expended: Provided 16 U.S.C. 7303(f) Provided further Provided further Provided further Provided further Capital improvement and maintenance (including transfer of funds) For necessary expenses of the Forest Service, not otherwise provided for, $358,164,000, to remain available until expended, for construction, capital improvement, maintenance and acquisition of buildings and other facilities and infrastructure; and for construction, reconstruction, decommissioning of roads that are no longer needed, including unauthorized roads that are not part of the transportation system, and maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided Provided further 16 U.S.C. 501 Provided further National Forest System Land acquisition For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, ( 16 U.S.C. 460l–4 et seq. Acquisition of lands for national forests special acts For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California, as authorized by law, $950,000, to be derived from forest receipts. Acquisition of lands to complete land exchanges For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, ( 16 U.S.C. 484a Public Law 96–586 Public Law 76–589 Public Law 78–310 Range betterment fund For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94–579 Gifts, donations and bequests for forest and rangeland research For expenses authorized by 16 U.S.C. 1643(b) Management of national forest lands for subsistence uses For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conservation Act ( Public Law 96–487 Wildland fire management (including transfers of funds) For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency fire suppression on or adjacent to such lands or other lands under fire protection agreement, hazardous fuels management on or adjacent to such lands, emergency rehabilitation of burned-over National Forest System lands and water, and for State and volunteer fire assistance, $2,701,341,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further 16 U.S.C. 1641 et seq. 16 U.S.C. 2106 Provided further National Forest System Forest and Rangeland Research Provided further Provided further Provided further Public Law 106–393 State and Private Forestry Provided further Provided further State and Private Forestry Provided further Provided further National Forest System For an additional amount, $854,578,000 for wildfire suppression operations to meet the emergency and unpredictable aspects of wildland firefighting including support, response, and emergency stabilization activities, other emergency management activities, and funds necessary to repay any transfers needed for these costs, to remain available until expended: Provided Provided further Administrative provisions, forest service (including transfers of funds) Appropriations to the Forest Service for the current fiscal year shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft to maintain the operable fleet for use in Forest Service wildland fire programs and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225 5 U.S.C. 3109 7 U.S.C. 2250 7 U.S.C. 428a 16 U.S.C. 558a 5 U.S.C. 5901–5902 31 U.S.C. 3718(c) Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary's notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the heading Wildland Fire Management Provided Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with U.S., private, and international organizations. The Forest Service, acting for the International Program, may sign direct funding agreements with foreign governments and institutions as well as other domestic agencies (including the U.S. Agency for International Development, the Department of State, and the Millennium Challenge Corporation), U.S. private sector firms, institutions and organizations to provide technical assistance and training programs overseas on forestry and rangeland management. Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 Public Law 106–224 7 U.S.C. 7772 Public Law 107–107 7 U.S.C. 8316(b) None of the funds available to the Forest Service may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement accompanying this Act. Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph shall prohibit or limit the use of reimbursable agreements requested by the Forest Service in order to obtain services from the Department of Agriculture's National Information Technology Center. Nothing in this paragraph shall limit the Forest Service portion of implementation costs to be paid to the Department of Agriculture for the International Technology Service. Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993, Public Law 103–82 Public Law 109–154 Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and representation expenses. Pursuant to sections 405(b) and 410(b) of Public Law 101–593 Provided Provided further Provided further Pursuant to section 2(b)(2) of Public Law 98–244 Provided Provided further Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–663 Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older Americans Act of 1965 ( 42 U.S.C. 3056(c)(2) Funds available to the Forest Service, not to exceed $65,000,000, shall be assessed for the purpose of performing fire, administrative and other facilities maintenance and decommissioning. Such assessments shall occur using a square foot rate charged on the same basis the agency uses to assess programs for payment of rent, utilities, and other support services. Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations and similar nonlitigation-related matters. Future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the requested funding transfers. An eligible individual who is employed in any project funded under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. chapter 171 Department of health and human services Indian health service Indian health services For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $3,539,523,000, together with payments received during the fiscal year pursuant to 42 U.S.C. 238(b) Provided 25 U.S.C. 450 Provided further Provided further Provided further Administrative Provisions, Indian Health Service Provided further 25 U.S.C. 1616a–1 25 U.S.C. 1616a–1(c) Provided further Provided further Provided further Provided further 25 U.S.C. 1613 Provided further Provided further Public Law 93–638 20 U.S.C. 1400 Provided further Contract support costs For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service for fiscal year 2016, such sums as may be necessary: Provided Provided further Indian health facilities For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 ( 42 U.S.C. 2004a Provided Provided further Provided further Provided further Indian Health Services Provided further Administrative provisions—indian health service Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376 5 U.S.C. 5901–5902 Provided 42 U.S.C. 2651–2653 Provided further Public Law 86–121 Public Law 93–638 Provided further Provided further Provided further 25 U.S.C. 450 Provided further Provided further Provided further Provided further National institutes of health National institute of environmental health sciences For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9660(a) Agency for toxic substances and disease registry Toxic substances and environmental public health For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and section 3019 of the Solid Waste Disposal Act, $74,691,000, of which up to $1,000 per eligible employee of the Agency for Toxic Substances and Disease Registry shall remain available until expended for Individual Learning Accounts: Provided Provided further Provided further Other related agencies Executive office of the president Council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $3,000,000: Provided Chemical safety and hazard investigation board Salaries and expenses For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902 5 U.S.C. 5376 Provided Provided further Provided further Office of navajo and hopi indian relocation Salaries and expenses (including transfer of funds) For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93–531 Provided Provided further Provided further Provided further Provided further Institute of american indian and alaska native culture and arts development Payment to the institute For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by title XV of Public Law 99–498 Smithsonian Institution salaries and expenses For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109 Provided facilities capital For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including necessary personnel, $129,975,000, to remain available until expended, of which not to exceed $10,000 shall be for services as authorized by 5 U.S.C. 3109. National gallery of art Salaries and expenses For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109 5 U.S.C. 5901–5902 Repair, restoration and renovation of buildings For necessary expenses of repair, restoration and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, for operating lease agreements of no more than 10 years, with no extensions or renewals beyond the 10 years, that address space needs created by the ongoing renovations in the Master Facilities Plan, as authorized, $16,000,000, to remain available until expended: Provided John F. kennedy center for the performing arts Operations and maintenance For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts, $21,660,000. Capital repair and restoration For necessary expenses for capital repair and restoration of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $11,140,000, to remain available until expended. Woodrow wilson international center for scholars Salaries and expenses For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109 National foundation on the arts and the humanities National endowment for the arts Grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $146,021,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended. National endowment for the humanities Grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $146,021,000 to remain available until expended, of which $135,121,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act; and $10,900,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act, including $8,500,000 for the purposes of section 7(h): Provided Administrative provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided Provided further Provided further Provided further Commission of fine arts Salaries and expenses For expenses of the Commission of Fine Arts under Chapter 91 Provided Provided further National capital arts and cultural affairs For necessary expenses as authorized by Public Law 99–190 20 U.S.C. 956a Advisory council on historic preservation Salaries and expenses For necessary expenses of the Advisory Council on Historic Preservation ( Public Law 89–665 National capital planning commission Salaries and expenses For necessary expenses of the National Capital Planning Commission under chapter 87 5 U.S.C. 3109 Provided United states holocaust memorial museum Holocaust memorial museum For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106–292 36 U.S.C. 2301–2310 Dwight D. eisenhower memorial commission Salaries and expenses For necessary expenses, including the costs of construction design, of the Dwight D. Eisenhower Memorial Commission, $1,000,000, to remain available until expended. IV General provisions (including transfers of funds) Restriction on use of funds 401. No part of any appropriation contained in this Act shall be available: (1) for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete or other than to communicate to Members of Congress as described in 18 U.S.C. 1913 (2) for publicity or propaganda purposes for the preparation, distribution or use of any communication designed to support or defeat any proposed or pending regulation, administrative action, or order issued by an executive branch agency, except in presentation to the executive branch itself or to Congress. Obligation of appropriations 402. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Disclosure of administrative expenses 403. The amount and basis of estimated overhead charges, deductions, reserves or holdbacks, including working capital fund and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval. Mining applications 404. (a) Limitation of Funds None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (b) Exceptions Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes ( 30 U.S.C. 35 30 U.S.C. 42 (c) Report On September 30, 2017, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 ( Public Law 104–208 (d) Mineral Examinations In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. Contract support costs, prior year limitation 405. Sections 405 and 406 of division F of the Consolidated and Further Continuing Appropriations Act, 2015 ( Public Law 113–235 contract support costs, fiscal year 2016 limitation 406. Amounts provided by this Act for fiscal year 2016 under the headings Department of Health and Human Services, Indian Health Service, Contract Support Costs Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs Provided Forest management plans 407. The Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(f)(5)(A) 16 U.S.C. 1600 et seq. Provided Prohibition within national monuments 408. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 43 U.S.C. 1331 et seq. 16 U.S.C. 431 et seq. Limitation on takings 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided timber sale requirements 410. No timber sale in Alaska's Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service's appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder. Prohibition on no-bid contracts 411. None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 Chapter 137 (1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes; or (2) such contract is authorized by the Indian Self-Determination and Education and Assistance Act ( Public Law 93–638 25 U.S.C. 450 et seq. 25 U.S.C. 450b(e) (3) such contract was awarded prior to the date of enactment of this Act. Posting of reports 412. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. National endowment for the arts grant guidelines 413. Of the funds provided to the National Endowment for the Arts— (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship. (2) The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services. (3) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs and/or projects. National endowment for the arts program priorities 414. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations. (b) In this section: (1) The term underserved population (2) The term poverty line 42 U.S.C. 9902(2) (c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts. (d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965— (1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; (2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); (3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and (4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education. Status of balances of appropriations 415. The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity. Report on use of climate change funds 416. Not later than 120 days after the date on which the President's fiscal year 2017 budget request is submitted to the Congress, the President shall submit a comprehensive report to the Committees on Appropriations of the House of Representatives and the Senate describing in detail all Federal agency funding, domestic and international, for climate change programs, projects, and activities in fiscal years 2015 and 2016, including an accounting of funding by agency with each agency identifying climate change programs, projects, and activities and associated costs by line item as presented in the President's Budget Appendix, and including citations and linkages where practicable to each strategic plan that is driving funding within each climate change program, project, and activity listed in the report. PROHIBITION ON FEDERAL IMPLEMENTATION PLANS 417. None of the funds made available by this Act, or any other Act for any fiscal year, shall be used to develop, propose, finalize, implement, or enforce section 111(d)(2) of the Clean Air Act ( 42 U.S.C. 7411(d)(2) 42 U.S.C. 7411(d)(1) 42 U.S.C. 7411 (1) the proposed rule entitled Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (2) the supplemental proposed rule entitled Carbon Pollution Emission Guidelines for Existing Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi-Jurisdictional Partnerships Prohibition on use of funds 418. Notwithstanding any other provision of law, none of the funds made available in this Act or any other Act may be used to promulgate or implement any regulation requiring the issuance of permits under title V of the Clean Air Act ( 42 U.S.C. 7661 et seq. Greenhouse gas reporting restrictions 419. Notwithstanding any other provision of law, none of the funds made available in this or any other Act may be used to implement any provision in a rule, if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. Recreation fee 420. Section 810 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6809 September 30, 2016 September 30, 2017 WATERS OF THE UNITED STATES 421. None of the funds made available in this Act or any other Act for any fiscal year may be used to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251, et seq.), including the provisions of the rules dated November 13, 1986 and August 25, 1993, relating to said jurisdiction, and the guidance documents dated January 15, 2003 and December 2, 2008, relating to said jurisdiction. Modification of authorities 422. (a) Section 8162(m)(3) of the Department of Defense Appropriations Act, 2000 ( 40 U.S.C. 8903 Public Law 106–79 September 30, 2015 September 30, 2016 (b) For fiscal year 2016, the authority provided by the provisos under the heading Dwight D. Eisenhower Memorial Commission—Capital Construction Public Law 112–74 Use of american iron and steel 423. (a) (1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (2) In this section, the term iron and steel (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the Administrator (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. (f) This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of the enactment of this Act. NATIONAL AMBIENT AIR QUALITY STANDARD FUNDING LIMITATION 424. None of the funds made available by this Act, or any other Act for any fiscal year, shall be used to develop, adopt, implement, administer, or enforce a national primary or secondary ambient air quality standard for ozone that is lower than the standard established under section 50.15 of title 40, Code of Federal Regulations (as in effect on January 1, 2015), until at least 85 percent of the counties that, as of January 30, 2015, were in nonattainment areas under the standard established under section 50.15 of title 40, Code of Federal Regulations (as in effect on January 1, 2015), achieve full compliance with that standard. Funding prohibition 425. None of the funds made available by this or any other Act may be used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq. Contracting authorities 426. Section 412 of Division E of Public Law 112–74 fiscal year 2015, fiscal year 2017, Chesapeake bay initiative 427. Section 502(c) of the Chesapeake Bay Initiative Act of 1998 ( Public Law 105–312 16 U.S.C. 461 2015 2017 Prohibition of Sewage Dumping into the Great Lakes 428. (a) Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (s) Prohibition on sewage dumping into the great lakes (1) Definitions In this subsection: (A) Bypass The term bypass (B) Discharge (i) In general The term discharge (ii) Inclusions The term discharge (C) Great lakes The term Great Lakes (D) Partially treated sewage The term partially treated sewage (i) is not treated to national secondary treatment standards for wastewater; or (ii) is treated to a level less than the level required by the applicable national pollutant discharge elimination system permit. (E) Treatment facility The term treatment facility (F) Treatment works The term treatment works (2) Prohibition A publicly owned treatment works is prohibited from performing a bypass unless— (A) (i) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (ii) there is not a feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and (iii) the treatment works provides notice of the bypass in accordance with this subsection; or (B) the bypass does not cause effluent limitations to be exceeded, and the bypass is for essential maintenance to ensure efficient operation of the treatment facility. (3) Limitation The requirement of paragraph (2)(A)(ii) is not satisfied if— (A) adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass; and (B) the bypass occurred during normal periods of equipment downtime or preventive maintenance. (4) Immediate notice requirements (A) In general The Administrator shall work with States having publicly owned treatment works subject to the requirements of this subsection to create immediate notice requirements in the event of discharge that provide for the method, contents, and requirements for public availability of the notice. (B) Minimum requirements (i) In general At a minimum, the contents of the notice shall include— (I) the exact dates and times of the discharge; (II) the volume of the discharge; and (III) a description of any public access areas impacted. (ii) Consistency Minimum requirements shall be consistent for all States. (C) Additional requirements The Administrator and States described in subparagraph (A) shall include— (i) follow-up notice requirements that provide a more full description of each event, the cause, and plans to prevent reoccurrence; and (ii) annual publication requirements that list each treatment works from which the Administrator or the State receive a follow-up notice. (D) Timing The notice and publication requirements described in this paragraph shall be implemented not later than 2 years after the date of enactment of this subsection. (5) Sewage blending Bypasses prohibited by this section include bypasses resulting in discharges from a publicly owned treatment works that consist of effluent routed around treatment units and thereafter blended together with effluent from treatment units prior to discharge. (6) Implementation As soon as practicable, the Administrator shall establish procedures to ensure that permits issued under this section (or under a State permit program approved under this section) to a publicly owned treatment works include requirements to implement this subsection. (7) Increase in maximum civil penalty for violations occurring after january 1, 2035 Notwithstanding section 309, in the case of a violation of this subsection occurring on or after January 1, 2035, or any violation of a permit limitation or condition implementing this subsection occurring after that date, the maximum civil penalty that shall be assessed for the violation shall be $100,000 per day for each day the violation occurs. (8) Applicability This subsection shall apply to a bypass occurring after the last day of the 1-year period beginning on the date of enactment of this subsection. . (b) Great lakes cleanup fund (1) Title V of the Federal Water Pollution Control Act ( 33 U.S.C. 1361 et seq. (A) by redesignating section 519 ( 33 U.S.C. 1251 (B) by inserting after section 518 ( 33 U.S.C. 1377 519. Establishment of great lakes cleanup fund (a) Definitions In this section: (1) Fund The term Fund (2) Great lakes; great lakes states The terms Great Lakes Great Lakes States (b) Establishment of fund There is established in the Treasury of the United States a trust fund to be known as the Great Lakes Cleanup Fund Fund (c) Transfers to fund Effective January 1, 2035, there are authorized to be appropriated to the Fund amounts equivalent to the penalties collected for violations of section 402(s). (d) Administration of fund The Administrator shall administer the Fund. (e) Use of funds The Administrator shall— (1) make the amounts in the Fund available to the Great Lakes States for use in carrying out programs and activities for improving wastewater discharges into the Great Lakes, including habitat protection and wetland restoration; and (2) allocate those amounts among the Great Lakes States based on the proportion that— (A) the amount attributable to a Great Lakes State for penalties collected for violations of section 402(s); bears to (B) the total amount of those penalties attributable to all Great Lakes States. (f) Priority In selecting programs and activities to be funded using amounts made available under this section, a Great Lakes State shall give priority consideration to programs and activities that address violations of section 402(s) resulting in the collection of penalties. . (2) Section 607 of the Federal Water Pollution Control Act ( 33 U.S.C. 1387 (A) by striking There is (a) In General.—There is (B) by adding at the end the following: (b) Treatment of great lakes cleanup fund For purposes of this title, amounts made available from the Great Lakes Cleanup Fund under section 519 shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title, except that the funds shall be made available to the Great Lakes States in accordance with section 519. . Stewardship contracting amendments 429. Section 604(d) of the Healthy Forest Restoration Act of 2003 ( 16 U.S.C. 6591 Public Law 113–79 (a) in paragraph (5), by adding at the end the following: Notwithstanding the Materials Act of 1947 ( 30 U.S.C. 602(a) (b) in paragraph (7), by striking and the Director Extension of grazing permits 430. The terms and conditions of section 325 of Public Law 108–108 43 U.S.C. 1752 FINANCIAL ASSURANCE 431. None of the funds made available by this Act may be used to develop, propose, finalize, implement, enforce, or administer any regulation that would establish new financial responsibility requirements pursuant to section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9608(b) NEPA Guidance 432. None of the funds made available in this Act may be used by any Federal agency to develop, adopt, implement, enforce, or administer guidance or regulations published in (1) 79 Fed. Reg. 77,802 dated December 24, 2014; and (2) 79 Fed. Reg. 76,986, dated December 23, 2014. Good neighbor authority 433. Section 8206(b)(2) of the Agricultural Act of 2014 (16 USC 2113a(b)(2)) is amended by adding at the end of the following: (C) Forest Development Roads (i) In general Notwithstanding subsection (a)(3)(B), existing roads shall be repaired or reconstructed to a satisfactory condition to perform authorized restoration services including removal of timber. . V Wildfire disaster funding 501. Wildfire disaster funding authority (a) Disaster funding Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(D) (1) in clause (i)— (A) in subclause (I), by striking and plus (B) in subclause (II), by striking the period at the end and inserting ; less (C) by adding the following: (III) the additional new budget authority provided in an appropriation Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year. ; and (2) by adding at the end the following: (v) Beginning in fiscal year 2018, and for each fiscal year thereafter, the calculation of the average funding provided for disaster relief over the previous 10 years . (b) Wildfire suppression Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2) (E) Wildfire suppression (i) Definitions In this subparagraph: (I) Additional new budget authority The term additional new budget authority (aa) in excess of 100 percent of the average costs for wildfire suppression operations over the previous 10 years; and (bb) specified to pay for the costs of wildfire suppression operations. (II) Wildfire suppression operations The term wildfire suppression operations (aa) support, response, and emergency stabilization activities; (bb) other emergency management activities; and (cc) the funds necessary to repay any transfers needed for the costs of wildfire suppression operations. (ii) Additional new budget authority If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed— (I) for fiscal year 2016, $1,460,000,000 in additional new budget authority; (II) for fiscal year 2017, $1,557,000,000 in additional new budget authority; (III) for fiscal year 2018, $1,778,000,000 in additional new budget authority; (IV) for fiscal year 2019, $2,030,000,000 in additional new budget authority; (V) for fiscal year 2020, $2,319,000,000 in additional new budget authority; and (VI) for fiscal year 2021, $2,650,000,000 in additional new budget authority. (iii) Average cost calculation The average costs for wildfire suppression operations over the previous 10 years shall be calculated annually and reported in the budget of the President submitted under section 1105(a) of title 31, United States Code, for each fiscal year. . 502. Reporting requirements (a) Supplemental appropriations If the Secretary of the Interior or the Secretary of Agriculture determines that supplemental appropriations are necessary for a fiscal year for wildfire suppression operations, a request for the supplemental appropriations shall promptly be submitted to Congress. (b) Notice of need for additional funds Prior to the obligation of any of the additional new budget authority for wildfire suppression operations specified for purposes of section 251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(E)(ii) (1) that the amount for wildfire suppression operations to meet the terms of section 251(b)(2)(E) of that Act for that fiscal year will be exhausted imminently; and (2) the need for additional new budget authority for wildfire suppression operations. (c) Accounting, reports and accountability (1) Accounting and reporting requirements For each fiscal year, the Secretary of the Interior and the Secretary of Agriculture shall account for and report on the amounts used from the additional new budget authority for wildfire suppression operations provided to the Secretary of the Interior or Secretary of Agriculture, as applicable, in an appropriations Act pursuant to section 251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(E)(ii) (2) Annual report (A) In general Not later than 180 days after the end of the fiscal year for which additional new budget authority is used, pursuant to section 251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(E)(ii) (i) prepare an annual report with respect to the additional new budget authority; (ii) submit to the Committees on Appropriations, the Budget, and Natural Resources of the House of Representatives and the Committees on Appropriations, the Budget, and Energy and Natural Resources of the Senate the annual report prepared under clause (i); and (iii) make the report prepared under clause (i) available to the public. (B) Components The annual report prepared under subparagraph (A) shall— (i) document risk-based factors that influenced management decisions with respect to wildfire suppression operations; (ii) analyze a statistically significant sample of large fires, including an analysis for each fire of— (I) cost drivers; (II) the effectiveness of risk management techniques and whether fire operations strategy tracked the risk assessment; (III) any resulting ecological or other benefits to the landscape; (IV) the impact of investments in wildfire suppression operations preparedness; (V) effectiveness of wildfire suppression operations, including an analysis of resources lost versus dollars invested; (VI) effectiveness of any fuel treatments on fire behavior and suppression expenditures; (VII) suggested corrective actions; and (VIII) any other factors the Secretary of the Interior or Secretary of Agriculture determines to be appropriate; (iii) include an accounting of overall fire management and spending by the Department of the Interior or the Department of Agriculture, which shall be analyzed by fire size, cost, regional location, and other factors; (iv) describe any lessons learned in the conduct of wildfire suppression operations; and (v) include any other elements that the Secretary of the Interior or the Secretary of Agriculture determines to be necessary. This division may be cited as the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016 C Departments of Labor, Health and Human Services, and Education, and related agencies appropriations act, 2016 I Department of Labor Employment and training administration Training and employment services (Including transfer of funds) For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as WIOA (1) for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,492,000,000 as follows: (A) $737,000,000 for adult employment and training activities, of which $25,000,000 shall be available for the period July 1, 2016, through June 30, 2017, and of which $712,000,000 shall be available for the period October 1, 2016, through June 30, 2017; (B) $790,000,000 for youth activities, which shall be available for the period April 1, 2016, through June 30, 2017; and (C) $965,000,000 for dislocated worker employment and training activities, of which $105,000,000 shall be available for the period July 1, 2016, through June 30, 2017, and of which $860,000,000 shall be available for the period October 1, 2016, through June 30, 2017: Provided (2) for national programs, $444,244,000 as follows: (A) $200,000,000 for the dislocated workers assistance national reserve, which shall be available for the period October 1, 2016 through September 30, 2017: Provided Provided further Provided further Secretary Provided further (B) $40,500,000 for Native American programs under section 166 of the WIOA, which shall be available for the period July 1, 2016, through June 30, 2017; (C) $23,750,000, which shall be available for the period October 1, 2015, through September 30, 2016, for necessary expenses for the Office of Disability Employment Policy to develop policy and initiatives furthering the objective of eliminating barriers to the training and employment of people with disabilities, including funds for competitive grants: Provided (D) $73,000,000 for migrant and seasonal farmworker programs under section 167 of the WIOA, including $67,306,000 for formula grants (of which not less than 70 percent shall be for employment and training services), $5,200,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $494,000 for other discretionary purposes, which shall be available for the period July 1, 2016, through June 30, 2017: Provided (E) $79,689,000 for YouthBuild activities as described in section 171 of the WIOA, which shall be available for the period April 1, 2016, through June 30, 2017; (F) $1,000,000 for technical assistance activities under section 168 of the WIOA, which shall be available for the period July 1, 2016 through June 30, 2017; (G) $22,305,000 for ex-offender activities, under the authority of section 169 of the WIOA and section 212 of the Second Chance Act of 2007, which shall be available for the period April 1, 2016, through June 30, 2017: Provided (H) $4,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which shall be available for the period July 1, 2016 through June 30, 2017. Job Corps (including transfer of funds) To carry out subtitle C of title I of the WIOA, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration, and repairs of buildings and other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,683,155,000, plus reimbursements, as follows: (1) $1,578,008,000 for Job Corps Operations, which shall be available for the period July 1, 2016, through June 30, 2017; (2) $74,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2016, through June 30, 2019, and which may include the acquisition, maintenance, and repair of major items of equipment: Provided Provided further Provided further (3) $31,147,000 for necessary expenses of Job Corps, which shall be available for obligation for the period October 1, 2015 through September 30, 2016: Provided Community service employment for older americans To carry out title V of the Older Americans Act of 1965 (referred to in this Act as OAA Federal unemployment benefits and allowances For payments during fiscal year 2016 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974 State unemployment insurance and employment service operations For authorized administrative expenses, $86,428,000, together with not to exceed $3,413,133,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund ( the Trust Fund (1) $2,705,550,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including not less than $80,000,000 to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews, and to provide reemployment services and referrals to training as appropriate, and $3,000,000 for continued support of the Unemployment Insurance Integrity Center of Excellence), the administration of unemployment insurance for Federal employees and for ex-service members as authorized under 5 U.S.C. 8501–8523 (2) $12,892,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State unemployment insurance system; (3) $614,000,000 from the Trust Fund, together with $20,775,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall be available for Federal obligation for the period July 1, 2016 through June 30, 2017; (4) $19,000,000 from the Trust Fund is for national activities of the Employment Service, including administration of the work opportunity tax credit under section 51 (5) $61,691,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under the Immigration and Nationality Act and related laws, of which $47,691,000 shall be available for the Federal administration of such activities, and $14,000,000 shall be available for grants to States for the administration of such activities; and (6) $65,653,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act, including $7,500,000 for grants relating to occupational licensing, and shall be available for Federal obligation for the period July 1, 2016 through June 30, 2017: Provided AWIU Social Security Act Provided further Social Security Act Provided further Social Security Act Provided further Provided further Provided further Provided further Social Security Act Provided further, Social Security Act Provided further 29 U.S.C. 9a In addition, $20,000,000 from the Employment Security Administration Account of the Unemployment Trust Fund shall be available for in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews and to provide reemployment services and referrals to training as appropriate, which shall be available for Federal obligations through December 31, 2016, and for State obligation through September 30, 2018. Advances to the unemployment trust fund and other funds For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act section 9501(c)(1) 5 U.S.C. 8509 Federal Unemployment Benefits and Allowances Program administration For expenses of administering employment and training programs, $97,733,000, together with not to exceed $46,284,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. Employee benefits security administration Salaries and expenses For necessary expenses for the Employee Benefits Security Administration, $168,930,000. Pension Benefit Guaranty Corporation Pension benefit guaranty corporation fund The Pension Benefit Guaranty Corporation ( Corporation 31 U.S.C. 9104 Provided Provided further Provided further Wage and Hour Division Salaries and expenses For necessary expenses for the Wage and Hour Division, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $210,000,000. Office of Labor-Management Standards Salaries and expenses For necessary expenses for the Office of Labor-Management Standards, $36,000,000. Office of Federal Contract Compliance Programs Salaries and expenses For necessary expenses for the Office of Federal Contract Compliance Programs, $96,000,000. Office of Workers' Compensation Programs Salaries and expenses For necessary expenses for the Office of Workers' Compensation Programs, $107,500,000, together with $2,177,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers' Compensation Act. Special benefits (including transfer of funds) For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by 5 U.S.C. 81 Civilian War Benefits 50 U.S.C. App. 2004 42 U.S.C. 1701 et seq. 5 U.S.C. 8147(a) Provided Provided further Provided further 5 U.S.C. 8147(c) Provided further (1) for enhancement and maintenance of automated data processing systems operations and telecommunications systems, $21,140,000; (2) for automated workload processing operations, including document imaging, centralized mail intake, and medical bill processing, $22,968,000; (3) for periodic roll disability management and medical review, $16,668,000; (4) for program integrity, $1,394,000; and (5) the remaining funds shall be paid into the Treasury as miscellaneous receipts: Provided further 5 U.S.C. 81 Special benefits for disabled coal miners For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by Public Law 107–275 For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV for the first quarter of fiscal year 2017, $19,000,000, to remain available until expended. Administrative expenses, energy employees occupational illness compensation fund For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $58,552,000, to remain available until expended: Provided Black lung disability trust fund (including transfer of funds) Such sums as may be necessary from the Black Lung Disability Trust Fund (the Fund Salaries and Expenses Salaries and Expenses Office of Inspector General Occupational safety and health administration Salaries and expenses For necessary expenses for the Occupational Safety and Health Administration, $524,476,000, including not to exceed $98,746,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the Act 31 U.S.C. 3302 Provided 31 U.S.C. 3302 29 U.S.C. 9a Provided further Provided further DART (1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; (5) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; and (6) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act: Provided further Provided further Provided further Mine safety and health administration Salaries and expenses For necessary expenses for the Mine Safety and Health Administration, $356,878,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities and not less than $8,229,975 for state assistance grants: Provided 31 U.S.C. 3302 Provided further 31 U.S.C. 3302 Provided further Provided further Provided further Provided further Bureau of labor statistics Salaries and expenses For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $515,494,000, together with not to exceed $63,700,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. Departmental management Salaries and expenses (Including transfer of funds) For necessary expenses for Departmental Management, including the hire of three passenger motor vehicles, $258,727,000, together with not to exceed $293,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided Provided further Provided further, Provided further Provided further Veterans employment and training Not to exceed $231,872,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of chapters 41, 42, and 43 of title 38, United States Code, of which: (1) $175,000,000 is for Jobs for Veterans State grants under 38 U.S.C. 4102A(b)(5) Provided (2) $14,000,000 is for carrying out the Transition Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144 (3) $39,458,000 is for Federal administration of chapters 41, 42, and 43 of title 38, United States Code; and (4) $3,414,000 is for the National Veterans' Employment and Training Services Institute under 38 U.S.C. 4109: Provided In addition, from the General Fund of the Treasury, $38,109,000 is for carrying out programs to assist homeless veterans and veterans at risk of homelessness who are transitioning from certain institutions under sections 2021, 2021A, and 2023 of title 38, United States Code: Provided Provided further IT modernization For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $12,898,000. Office of inspector general For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $73,721,000, together with not to exceed $5,590,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. General provisions 101. None of the funds appropriated by this Act for the Job Corps shall be used to pay the salary and bonuses of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II. (transfer of funds) 102. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided Provided further 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. 104. Except as otherwise provided in this section, none of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 29 U.S.C. 2916a Provided 8 U.S.C. 1182(a)(5)(A) Provided further 105. None of the funds made available by this Act under the heading Employment and Training Administration (Including Transfer of Funds) 106. Notwithstanding section 102, the Secretary may transfer funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, for technical assistance services to grantees to Program Administration Provided (including transfer of funds) 107. (a) The Secretary may reserve not more than 0.5 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts. Any funds reserved under this section shall be transferred to Departmental Management Provided (b) The accounts referred to in subsection (a) are: Training and Employment Services Job Corps Community Service Employment for Older Americans State Unemployment Insurance and Employment Service Operations Employee Benefits Security Administration Office of Workers' Compensation Programs Wage and Hour Division Office of Federal Contract Compliance Programs Office of Labor Management Standards Occupational Safety and Health Administration Mine Safety and Health Administration Bureau of International Affairs Women's Bureau Departmental Management, Salaries and Expenses Veterans Employment and Training 108. Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 (s) (1) The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster, as defined herein, to any employee— (A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts; (B) who receives on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, over the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and (C) whose duties include any of the following: (i) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; (ii) inspecting property damage or reviewing factual information to prepare damage estimates; (iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; (iv) negotiating settlements; or (v) making recommendations regarding litigation. (2) Notwithstanding any other provision of section 18, in the event of a major disaster, this Act exclusively shall govern the payment of overtime to all employees described in paragraph (1) above, and shall supersede any other Federal, State, or local law, regulation, or order. (3) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). (4) For purposes of this subsection— (A) the term major disaster (B) the term employee employed to adjust or evaluate claims resulting from or relating to such major disaster (C) the term affiliate . 109. Notwithstanding any other provision of law, beginning October 1, 2015, the Secretary of Labor, in consultation with the Secretary of Agriculture may select an entity to operate a Civilian Conservation Center on a competitive basis in accordance with section 147 of the WIOA, if the Secretary of Labor determines such Center has had consistently low performance under the performance accountability system in effect for the Job Corps program prior to July 1, 2016, or with respect to expected levels of performance established under section 159(c) of such Act beginning July 1, 2016. 110. None of the funds made available by this Act may be used to finalize, implement, administer, or enforce the proposed Definition of the Term Fiduciary 111. The determination of prevailing wage for the purposes of the H–2B program shall be the greater of—(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or (2) the prevailing wage level for the occupational classification of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available at the time of filing the petition. In the determination of prevailing wage for the purposes of the H–2B program, the Secretary shall accept private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided survey are not statistically supported. 112. None of the funds in this Act shall be used to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any references thereto. Further, for the purpose of regulating admission of temporary workers under the H–2B program, the definition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B). 113. None of the funds in this Act shall be used to implement 20 CFR 655.70 and 20 CFR 655.71. 114. (a) Flexibility with respect to the crossing of H–2B nonimmigrants working in the seafood industry (1) In general Subject to paragraph (2), if a petition for H–2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants described in the petition into the United States at any time during the 120-day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition. (2) Requirements for crossings after 90th day An employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer— (A) completes a new assessment of the local labor market by— (i) listing job orders in local newspapers on 2 separate Sundays; and (ii) posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and (B) offers the job to an equally or better qualified United States worker who— (i) applies for the job; and (ii) will be available at the time and place of need. (3) Exemption from rules with respect to staggering The Secretary of Labor shall not consider an employer in the seafood industry who brings H–2B nonimmigrants into the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of section 655.20(d) of title 20, Code of Federal Regulations, or any other applicable provision of law. (b) H–2B nonimmigrants defined In this section, the term H–2B nonimmigrants 8 U.S.C. 1101(a)(15)(H)(ii)(B) 115. (a) Subject to the requirement under subsection (b), none of the funds appropriated or otherwise made available by this Act may be used to promulgate or implement any rule, standard, or policy amending part 1910, 1915, or 1926 of title 29, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act), related to occupational exposure to respirable crystalline silica, including the proposed rulemaking by the Occupational Safety and Health Administration of the Department of Labor issued on September 12, 2013 (78 Fed. Reg. 56274), until— (1) a review is conducted after the date of enactment of this Act by a small business advocacy review panel, pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 (2) the Secretary, acting through the Assistant Secretary of Labor for Occupational Safety and Health, commissions an independent study, to be conducted by the National Academy of Sciences, examining— (A) the epidemiological justification of the Occupational Safety and Health Administration for proposing to reduce the occupational exposure limits to respirable crystalline silica, established by such Administration and in effect on the day before the date of enactment of this Act, including consideration of the prevalence or lack of disease and mortality associated with such occupational exposure limits; (B) the ability of sampling methods to collect samples of respirable crystalline silica and laboratories to measure such samples (in a manner that meets the criteria for accuracy and precision contained in the most recent publication of the NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health) to determine occupational exposures to respirable crystalline silica that are less than or equal to the occupational exposure limits and action levels for respirable crystalline silica proposed by the Occupational Safety and Health Administration as of the day before the date of enactment of this Act; (C) the ability of regulated industries to comply with such occupational exposure limits or action levels; (D) the steady decline in silicosis related mortality rates based on data maintained by the Centers for Disease Control and Prevention; (E) the ability of various types of personal protective equipment to protect employees from occupational exposure to respirable crystalline silica; and (F) the costs of the different types of such personal protective equipment as compared to the costs of engineering and work practice controls related to such equipment; and (3) the Secretary, acting through such Assistant Secretary, submits to the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions, of the Senate, a report containing the results of the independent study conducted under paragraph (2). (b) Notwithstanding the funding limitation under subsection (a), from the funds appropriated to the Occupational Safety and Health Administration for safety and health standards, $800,000 shall be made available to conduct the independent study under subsection (a)(2) and submit the report under subsection (a)(3), which report shall be submitted by not later than 1 year after the date of enactment of this Act. This title may be cited as the Department of Labor Appropriations Act, 2016 II Department of health and human services Health resources and services administration Primary health care For carrying out titles II and III of the Public Health Services Act (referred to in this Act as the PHS Act Provided Provided further 42 U.S.C. 254b–2(b)(1) Provided further Provided further Public Law 104–73 HHS Provided further Provided further Health workforce For carrying out titles III, VII, and VIII of the PHS Act with respect to the health workforce, section 1128E of the Social Security Act, and the Health Care Quality Improvement Act of 1986, $720,970,000: Provided Provided further Provided further Provided further Provided further Provided further, Maternal and child health For carrying out titles III, XI, XII, and XIX of the PHS Act with respect to maternal and child health, title V of the Social Security Act, and section 712 of the American Jobs Creation Act of 2004, $828,014,000: Provided Provided further Ryan white HIV/AIDS program For carrying out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program, $2,293,781,000, of which $1,970,881,000 shall remain available to the Secretary through September 30, 2018, for parts A and B of title XXVI of the PHS Act, and of which not less than $900,313,000 shall be for State AIDS Drug Assistance Programs under the authority of section 2616 or 311(c) of such Act. Health care systems For carrying out titles III and XII of the PHS Act with respect to health care systems, and the Stem Cell Therapeutic and Research Act of 2005, $103,193,000, of which $122,000 shall be available until expended for facilities renovations at the Gillis W. Long Hansen's Disease Center: Provided Provided further Rural health For carrying out titles III and IV of the PHS Act with respect to rural health, section 427(a) of the Federal Coal Mine Health and Safety Act of 1969, and sections 711 and 1820 of the Social Security Act, $150,571,000, of which $41,609,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants program: Provided Provided further Family Planning For carrying out the program under title X of the PHS Act to provide for voluntary family planning projects, $257,832,000: Provided Program management For program support in the Health Resources and Services Administration, $151,000,000: Provided Primary Health Care Health Workforce Maternal and Child Health Ryan White HIV/AIDS Program Health Care Systems Rural Health Vaccine injury compensation program trust fund For payments from the Vaccine Injury Compensation Program Trust Fund (the Trust Fund PHS Act Provided Centers for disease control and prevention Immunization and respiratory diseases For carrying out titles II, III, XVII, and XXI, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases, $573,105,000. HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention For carrying out titles II, III, XVII, and XXIII of the PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention, $1,090,609,000. Emerging and zoonotic infectious diseases For carrying out titles II, III, and XVII, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to emerging and zoonotic infectious diseases, $388,590,000. Chronic disease prevention and health promotion For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS Act with respect to chronic disease prevention and health promotion, $595,272,000: Provided Provided further Provided further Birth defects, developmental disabilities, disabilities and health For carrying out titles II, III, XI, and XVII of the PHS Act with respect to birth defects, developmental disabilities, disabilities and health, $132,781,000. Public Health Scientific Services For carrying out titles II, III, and XVII of the PHS Act with respect to health statistics, surveillance, health informatics, and workforce development, $471,061,000. Environmental health For carrying out titles II, III, and XVII of the PHS Act with respect to environmental health, $132,286,000. Injury prevention and control For carrying out titles II, III, and XVII of the PHS Act with respect to injury prevention and control, $187,947,000: Provided National Institute for Occupational Safety and Health Energy employees occupational illness compensation program For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended: Provided Public Law 106–554 Global health For carrying out titles II, III, and XVII of the PHS Act with respect to global health, $411,758,000, of which $128,421,000 for international HIV/AIDS shall remain available through September 30, 2017: Provided, Public health preparedness and response For carrying out titles II, III, and XVII of the PHS Act with respect to public health preparedness and response, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations, $1,340,118,000, of which $534,343,000 shall remain available until expended for the Strategic National Stockpile: Provided Buildings and facilities For acquisition of real property, equipment, construction, demolition, and renovation of facilities, $10,000,000, which shall remain available until September 30, 2020: Provided Provided further CDC-wide activities and program support (including transfer of funds) For carrying out titles II, III, XVII and XIX, and section 2821 of the PHS Act and for cross-cutting activities and program support for activities funded in other appropriations included in this Act for the Centers for Disease Control and Prevention, $107,892,000: Provided Provided further Provided further Provided further Provided further Provided further Provided further National institutes of health National cancer institute For carrying out section 301 and title IV of the PHS Act National heart, lung, and blood institute For carrying out section 301 and title IV of the PHS Act National institute of dental and craniofacial research For carrying out section 301 and title IV of the PHS Act National institute of diabetes and digestive and kidney diseases For carrying out section 301 and title IV of the PHS Act National institute of neurological disorders and stroke For carrying out section 301 and title IV of the PHS Act National institute of allergy and infectious diseases For carrying out section 301 and title IV of the PHS Act with respect to allergy and infectious diseases, $4,710,342,000. National institute of general medical sciences For carrying out section 301 and title IV of the PHS Act Provided Eunice kennedy shriver national institute of child health and human development For carrying out section 301 and title IV of the PHS Act National eye institute For carrying out section 301 and title IV of the PHS Act National institute of environmental health sciences For carrying out section 301 and title IV of the PHS Act National institute on aging For carrying out section 301 and title IV of the PHS Act National institute of arthritis and musculoskeletal and skin diseases For carrying out section 301 and title IV of the PHS Act National institute on deafness and other communication disorders For carrying out section 301 and title IV of the PHS Act National institute of nursing research For carrying out section 301 and title IV of the PHS Act National institute on alcohol abuse and alcoholism For carrying out section 301 and title IV of the PHS Act National institute on drug abuse For carrying out section 301 and title IV of the PHS Act National institute of mental health For carrying out section 301 and title IV of the PHS Act National human genome research institute For carrying out section 301 and title IV of the PHS Act National institute of biomedical imaging and bioengineering For carrying out section 301 and title IV of the PHS Act National center for complementary and integrative health For carrying out section 301 and title IV of the PHS Act National institute on minority health and health disparities For carrying out section 301 and title IV of the PHS Act John e. fogarty international center For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the PHS Act NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to translational sciences, $699,319,000: Provided Provided further National library of medicine For carrying out section 301 and title IV of the PHS Act Provided Provided further NIH Office of the director (including transfer of funds) For carrying out the responsibilities of the Office of the Director, NIH, $860,937,000, of which up to $30,000,000 may be used to carry out section 212 of this Act: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further 42 U.S.C. 283k Provided further Provided further In addition to other funds appropriated for the Common Fund established under section 402A(c) of the PHS Act, $12,600,000 is appropriated to the Common Fund from the 10-year Pediatric Research Initiative Fund described in section 9008 of title 26, United States Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as authorized in the Gabriella Miller Kids First Research Act. Buildings and facilities For the study of, construction or demolition of, renovation of, and acquisition of equipment for, facilities of or used by NIH, including the acquisition of real property, $128,863,000, to remain available through September 30, 2020. Substance abuse and mental health services administration MENTAL HEALTH For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, and the Protection and Advocacy for Individuals with Mental Illness Act, $1,021,301,000: Provided Provided further, Provided further, Provided further, Provided further Provided further Provided further SUBSTANCE ABUSE TREATMENT For carrying out titles III, V, and XIX of the PHS Act with respect to substance abuse treatment and section 1922(a) of the PHS Act with respect to substance abuse prevention, $1,972,916,000: Provided Provided further SUBSTANCE ABUSE PREVENTION For carrying out titles III and V of the PHS Act with respect to substance abuse prevention, $182,731,000. HEALTH SURVEILLANCE AND PROGRAM SUPPORT For program support and cross-cutting activities that supplement activities funded under the headings Mental Health Substance Abuse Treatment Substance Abuse Prevention Provided Provided further Provided further Provided further, Mental Health Substance Abuse Treatment Substance Abuse Prevention Agency for healthcare research and quality Healthcare research and quality For carrying out titles III and IX of the PHS Act Social Security Act Provided Provided further Centers for medicare and medicaid services Grants to states for medicaid For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act For making, after May 31, 2016, payments to States under title XIX or in the case of section 1928 on behalf of States under title XIX of the Social Security Act For making payments to States or in the case of section 1928 on behalf of States under title XIX of the Social Security Act Payment under such title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter. Payments to health care trust funds For payment to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D–16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248 In addition, for making matching payments under section 1844 and benefit payments under section 1860D–16 of the Social Security Act that were not anticipated in budget estimates, such sums as may be necessary. Program management For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act PHS Act Social Security Act Social Security Act Provided, Provided further, Social Security Act Health care fraud and abuse control account In addition to amounts otherwise available for program integrity and program management, $706,000,000, to remain available through September 30, 2017, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $474,175,000 shall be for the Medicare Integrity Program at the Centers for Medicare and Medicaid Services, including administrative costs, to conduct oversight activities for Medicare Advantage under Part C and the Medicare Prescription Drug Program under Part D of the Social Security Act and for activities described in section 1893(b) of such Act, of which $77,275,000 shall be for the Department of Health and Human Services Office of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act, of which $77,275,000 shall be for the Medicaid and Children's Health Insurance Program ( CHIP Provided Provided further Administration for children and families Payments to states for child support enforcement and family support programs For carrying out, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act For carrying out, after May 31 of the current fiscal year, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act Low income home energy assistance For making payments under subsections (b) and (d) of section 2602 of the Low Income Home Energy Assistance Act of 1981, $3,390,304,000: Provided Provided further Refugee and entrant assistance For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act TVPA Provided Provided further 10 percent 3 percent Payments to states for the child care and development block grant For carrying out the Child Care and Development Block Grant Act of 2014 CCDBG Act Provided Provided further Provided further 42 U.S.C. 618 Social services block grant For making grants to States pursuant to section 2002 of the Social Security Act Provided Children and families services programs For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act Head Start Act Child Abuse Prevention and Treatment Act Social Security Act CSBG Act Social Security Act Social Security Act Immigration and Nationality Act Social Security Act Provided Head Start Act Provided further Provided further Provided further Provided further base grant Provided further Provided further Provided further Provided further Provided further Promoting Safe and Stable Families For carrying out, except as otherwise provided, section 436 of the Social Security Act Payments for foster care and permanency For carrying out, except as otherwise provided, title IV–E of the Social Security Act For carrying out, except as otherwise provided, title IV–E of the Social Security Act For carrying out, after May 31 of the current fiscal year, except as otherwise provided, section 474 of title IV–E of the Social Security Act Administration for community living Aging and disability services programs (including transfer of funds) For carrying out, to the extent not otherwise provided, the OAA, titles III and XXIX of the PHS Act, section 119 of the Medicare Improvements for Patients and Providers Act of 2008, title XX–B of the Social Security Act, the Developmental Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title II of the Help America Vote Act of 2002, the Assistive Technology Act of 1998, titles II and VII (and section 14 with respect to such titles) of the Rehabilitation Act of 1973, and for Department-wide coordination of policy and program activities that assist individuals with disabilities, $1,831,089,000, together with $30,000,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to carry out section 4360 of the Omnibus Budget Reconciliation Act of 1990: Provided Provided further Office of the secretary General departmental management For necessary expenses, not otherwise provided, for general departmental management, including hire of six passenger motor vehicles, and for carrying out titles III, XVII, XXI, and section 229 of the PHS Act, the United States-Mexico Border Health Commission Act, and research studies under section 1110 of the Social Security Act Provided, Provided further, Provided further 41 U.S.C. 1703 Provided further, Provided further, Provided further Provided further Office of medicare hearings and appeals For expenses necessary for the Office of Medicare Hearings and Appeals, $97,381,000, to be transferred in appropriate part from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Office of the national coordinator for health information technology For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and advancement of interoperable health information technology, $60,367,000. Office of inspector general For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspector General Act of 1978, $71,000,000: Provided, Office for civil rights For expenses necessary for the Office for Civil Rights, $38,798,000. Retirement pay and medical benefits for commissioned officers For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired personnel under the Dependents' Medical Care Act, such amounts as may be required during the current fiscal year. Public health and social services emergency fund For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian populations, and for other public health emergencies, $900,362,000, of which $473,000,000 shall remain available through September 30, 2017, for expenses necessary to support advanced research and development pursuant to section 319L of the PHS Act and other administrative expenses of the Biomedical Advanced Research and Development Authority: Provided Provided further Provided further For expenses necessary for procuring security countermeasures (as defined in section 319F–2(c)(1)(B) of the PHS Act), $255,000,000, to remain available until expended. For an additional amount for expenses necessary to prepare for or respond to an influenza pandemic, $71,915,000; of which $39,906,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools: Provided General provisions 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary. 202. None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level II. 203. None of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act 204. Notwithstanding section 241(a) of the PHS Act (transfer of funds) 205. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for HHS in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided Provided further 206. In lieu of the timeframe specified in section 338E(c)(2) of the PHS Act, terminations described in such section may occur up to 60 days after the execution of a contract awarded in fiscal year 2016 under section 338B of such Act. 207. None of the funds appropriated in this Act may be made available to any entity under title X of the PHS Act 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act 209. None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided Provided further 210. None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. 212. In order for HHS to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2016: (1) The Secretary may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department Basic Authorities Act of 1956 Foreign Service Act of 1980 (2) The Secretary is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of HHS. The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. The Secretary is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad. (3) The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086 and subject to such regulations prescribed by the Secretary. The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if such personnel's official duty station were in the District of Columbia. Leaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter I of chapter 63 213. Funds which are available for Individual Learning Accounts for employees of CDC and the Agency for Toxic Substances and Disease Registry ( ATSDR Provided (transfer of funds) 214. The Director of the NIH, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided (transfer of funds) 215. Of the amounts made available in this Act for NIH, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of NIH and the Director of the Office of AIDS Research, shall be made available to the Office of AIDS Research PHS Act 216. (a) Authority Notwithstanding any other provision of law, the Director of NIH ( Director PHS Act (b) Peer review In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act. 217. Not to exceed $45,000,000 of funds appropriated by this Act to the institutes and centers of the National Institutes of Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $3,500,000 per project. (transfer of funds) 218. Of the amounts made available for NIH, 1 percent of the amount made available for National Research Service Awards ( NRSA PHS Act 219. Section 461(b)(1) of the Public Health Service Act ( 42 U.S.C. 285k(b)(1) (1) in subparagraph (B), by striking and behavioral research or behavioral research and are located in a State that is at or below the median of all States with respect to the aggregate NIH funding received by entities in that State. (2) by adding at the end the following: (D) Entities that are designated as Primarily Undergraduate Institutions and that are not eligible for funding under the Individuals with Disabilities Education Act, but that have been eligible for participation in the National Science Foundation Experimental Program to Stimulate Competitive Research (EPSCoR) program for the past 2 consecutive years, may apply to an entity that currently holds an IDeA Networks of Biomedical Research Excellence award for inclusion in their Network. . 220. Public Law 110–161, division G, title II, section 223 is amended by inserting, after shall be available until expended to the Office of the Director, National Institutes of Health may be available for , subject to approval such purposes, for capital acquisition necessary to the operation of the Department, including facilities infrastructure and information technology infrastructure all necessary expenses related to carrying out section 301 and title IV of the Public Health Service Act 221. In addition to amounts provided herein, payments made for research organisms or substances, authorized under section 301(a) of the PHS Act, shall be retained and credited to the appropriations accounts of the Institutes and Centers of the NIH making the substance or organism available under section 301(a). Amounts credited to the account under this authority shall be available for obligation through September 30, 2017. 222. (a) The Biomedical Advanced Research and Development Authority ( BARDA (1) funds are available and obligated— (A) for the full period of the contract or for the first fiscal year in which the contract is in effect; and (B) for the estimated costs associated with a necessary termination of the contract; and (2) the Secretary determines that a multi-year contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA's programs. (b) A contract entered into under this section— (1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; and (2) shall be subject to the congressional notice requirement stated in subsection (d) of such section. 223. (a) The Secretary shall establish a publicly accessible Web site to provide information regarding the uses of funds made available under section 4002 of the Patient Protection and Affordable Care Act of 2010 ( ACA (b) With respect to funds provided under section 4002 of the ACA, the Secretary shall include on the Web site established under subsection (a) at a minimum the following information: (1) In the case of each transfer of funds under section 4002(c), a statement indicating the program or activity receiving funds, the operating division or office that will administer the funds, and the planned uses of the funds, to be posted not later than the day after the transfer is made. (2) Identification (along with a link to the full text) of each funding opportunity announcement, request for proposals, or other announcement or solicitation of proposals for grants, cooperative agreements, or contracts intended to be awarded using such funds, to be posted not later than the day after the announcement or solicitation is issued. (3) Identification of each grant, cooperative agreement, or contract with a value of $25,000 or more awarded using such funds, including the purpose of the award and the identity of the recipient, to be posted not later than 5 days after the award is made. (4) A report detailing the uses of all funds transferred under section 4002(c) during the fiscal year, to be posted not later than 90 days after the end of the fiscal year. (c) With respect to awards made in fiscal years 2013 through 2016, the Secretary shall also include on the Web site established under subsection (a), semi-annual reports from each entity awarded a grant, cooperative agreement, or contract from such funds with a value of $25,000 or more, summarizing the activities undertaken and identifying any sub-grants or sub-contracts awarded (including the purpose of the award and the identity of the recipient), to be posted not later than 30 days after the end of each 6-month period. (d) In carrying out this section, the Secretary shall— (1) present the information required in subsection (b)(1) on a single webpage or on a single database; (2) ensure that all information required in this section is directly accessible from the single webpage or database; and (3) ensure that all information required in this section is able to be organized by program or State. (Transfer of Funds) 224. (a) Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the ACA to the accounts specified, in the amounts specified, and for the activities specified under the heading Prevention and Public Health Fund (b) Notwithstanding section 4002(c) of the ACA, the Secretary may not further transfer these amounts. (c) Funds transferred for activities authorized under section 2821 of the PHS Act shall be made available without reference to section 2821(b) of such Act. 225. (a) The Secretary shall publish in the fiscal year 2017 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the ACA, and the amendments made by that Act, in the proposed fiscal year and each fiscal year since the enactment of the ACA. (b) With respect to employees or contractors supported by all funds appropriated for purposes of carrying out the ACA (and the amendments made by that Act), the Secretary shall include, at a minimum, the following information: (1) For each such fiscal year, the section of such Act under which such funds were appropriated, a statement indicating the program, project, or activity receiving such funds, the Federal operating division or office that administers such program, and the amount of funding received in discretionary or mandatory appropriations. (2) For each such fiscal year, the number of full-time equivalent employees or contracted employees assigned to each authorized and funded provision detailed in accordance with paragraph (1). (c) In carrying out this section, the Secretary may exclude from the report employees or contractors who— (1) are supported through appropriations enacted in laws other than the ACA and work on programs that existed prior to the passage of the ACA; (2) spend less than 50 percent of their time on activities funded by or newly authorized in the ACA; or (3) work on contracts for which FTE reporting is not a requirement of their contract, such as fixed-price contracts. 226. The Secretary shall publish, as part of the fiscal year 2017 budget of the President submitted under section 1105(a) of title 31, United States Code, information that details the uses of all funds used by the Centers for Medicare and Medicaid Services specifically for Health Insurance Exchanges for each fiscal year since the enactment of the ACA and the proposed uses for such funds for fiscal year 2017. Such information shall include, for each such fiscal year, the amount of funds used for each activity specified under the heading Health Insurance Exchange Transparency 227. The Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate detailed, monthly enrollment figures from the Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the open enrollment period: Provided 228. None of the funds made available by this Act from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other accounts funded by this Act to the Centers for Medicare and Medicaid Services—Program Management Public Law 111–148 229. None of the funds made available by this Act from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other accounts funded by this Act to the Centers for Medicare and Medicaid Services—Program Management Public Law 111–148 230. None of the funds appropriated in this Act may be used to issue, promulgate, or otherwise implement the 2015 Dietary Guidelines for Americans edition unless the information and guidelines in the report are solely nutritional and dietary in nature; and based only on a preponderance of nutritional and dietary scientific evidence and not extraneous information. (rescission) 231. The following unobligated balances of amounts appropriated prior to fiscal year 2007 for Department of Health and Human Services, Health Resources and Services Administration (1) $281,003 appropriated to carry out section 1610(b) of the PHS Act; (2) $3,611 appropriated to carry out section 1602(c) of the PHS Act; (3) $105,576 appropriated in section 167 of division H of Public Law 108–199 (4) $55,793 appropriated to carry out the National Cord Blood Stem Cell Bank Program. (rescission) 232. Of the funds made available under prior year Appropriation Acts for the Centers for Disease Control and Prevention for Individual Learning Accounts, $12,592,000 are hereby rescinded. (rescission) 233. Of the unobligated balances available from prior appropriations Acts under the heading Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance This title may be cited as the Department of Health and Human Services Appropriations Act, 2016 III Department of Education Education for the disadvantaged For carrying out title I of the Elementary and Secondary Education Act of 1965 ESEA Higher Education Act of 1965 HEA Provided Provided further Secretary Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further, Provided further, Provided further Provided further, Provided further Impact aid For carrying out programs of financial assistance to federally affected schools authorized by title VIII of the ESEA Provided School improvement programs For carrying out school improvement activities authorized by parts A and B of title II, part B of title IV, parts A and B of title VI, and parts B and C of title VII of the ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil Rights Act of 1964 Provided Provided further Provided further Provided further Provided further Provided further Provided further Indian education For expenses necessary to carry out, to the extent not otherwise provided, title VII, part A of the ESEA Innovation and improvement For carrying out activities authorized by part G of title I, part D of title II, parts B, C, and D of title V of the ESEA, $694,616,000: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Safe schools and citizenship education For carrying out activities authorized by part A of title IV and subparts 1 and 2 of part D of title V of the ESEA, $120,314,000: Provided Project SERV Provided further English language acquisition For carrying out part A of title III of the ESEA Provided, Special education For carrying out the Individuals with Disabilities Education Act (IDEA) and the Special Olympics Sport and Empowerment Act of 2004, $12,636,817,000, of which $3,131,259,000 shall become available on July 1, 2016, and shall remain available through September 30, 2017, and of which $9,283,383,000 shall become available on October 1, 2016, and shall remain available through September 30, 2017, for academic year 2016–2017: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further 20 U.S.C. 1234a Provided further Provided further Provided further Rehabilitation services and disability research For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973 and the Helen Keller National Center Act, $3,487,864,000, of which $3,391,770,000 shall be for grants for vocational rehabilitation services under title I of the Rehabilitation Act: Provided SSI Provided further Provided further, Special institutions for persons with disabilities American printing house for the blind For carrying out the Act of March 3, 1879, $24,931,000. National technical institute for the deaf For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $69,016,000: Provided, Gallaudet university For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $120,275,000: Provided Career, technical, and adult education For carrying out, to the extent not otherwise provided, the Carl D. Perkins Career and Technical Education Act of 2006 and the Adult Education and Family Literacy Act ( AEFLA Provided Student financial assistance For carrying out subparts 1, 3, and 10 of part A, and part C of title IV of the HEA The maximum Pell Grant for which a student shall be eligible during award year 2016–2017 shall be $4,860. Student aid administration For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of title IV of the HEA Provided Higher education For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, and VII of the HEA, the Mutual Educational and Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and Technical Education Act of 2006, $1,783,510,000: Provided Provided further Provided further Howard university For partial support of Howard University, $219,500,000, of which not less than $3,350,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended. College housing and academic facilities loans program For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the HEA Historically Black College and University Capital Financing Program Account For the cost of guaranteed loans, $19,096,000, as authorized pursuant to part D of title III of the HEA, which shall remain available through September 30, 2017: Provided, Provided further, Provided further, In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $334,000. Institute of education sciences For carrying out activities authorized by the Education Sciences Reform Act of 2002, the National Assessment of Educational Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals with Disabilities Education Act, $562,978,000, which shall remain available through September 30, 2017: Provided Provided further Provided further Departmental management Program administration For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $391,326,000, of which up to $1,000,000, to remain available until expended, shall be for relocation of, and renovation of buildings occupied by, Department staff. Office for civil rights For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $100,000,000. Office of inspector general For expenses necessary for the Office of Inspector General, as authorized by section 212 of the Department of Education Organization Act, $57,791,000. General provisions 301. No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. 302. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student's home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing, or clustering. The prohibition described in this section does not include the establishment of magnet schools. 303. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (transfer of funds) 304. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided Provided further 305. The Outlying Areas may consolidate funds received under this Act, pursuant to 48 U.S.C. 1469a 306. Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921d(f)(1)(B)(ix) 2016 2009 307. The Secretary, in consultation with the Director of the Institute of Education Sciences, may reserve funds under section 9601 of the ESEA (subject to the limitations in subsections (b) and (c) of that section) in order to carry out activities authorized under paragraphs (1) and (2) of subsection (a) of that section with respect to any ESEA program funded in this Act and without respect to the source of funds for those activities: Provided Provided further Provided further 308. (a) An institution of higher education that maintains an endowment fund supported with funds appropriated for title III or V of the HEA for fiscal year 2016 or any prior fiscal year may use the income from that fund to award scholarships to students, subject to the limitation in section 331(c)(3)(B)(i) of the HEA. The use of such income for such purposes, prior to the enactment of this Act, shall be considered to have been an allowable use of that income, subject to that limitation. (b) Subsection (a) shall be in effect until titles III and V of the HEA are reauthorized. (rescission) 309. Of the unobligated balances available from Public Law 113–235 Student Financial Assistance 310. None of the funds made available by this Act may be used to— (1) implement, administer, or enforce sections 600.10(c), 600.20(d), 668.6 and 668.7 of title 34, Code of Federal Regulations (relating to gainful employment) as added or amended by the final regulations published by the Department of Education on October 31, 2014 (79 Fed. Reg. 64889 et seq.), or promulgate any new regulation with respect to the definition or application of the term gainful employment (2) implement, administer, or enforce sections 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, or 668.43(b) of title 34, Code of Federal Regulations (relating to state authorization), as added or amended by the final regulations published by the Department of Education in the Federal Register on October 29, 2010 (75 Fed. Reg. 66832 et seq.) or promulgate any new regulation with respect to the State authorization for institutions of higher education to operate within a State; (3) implement, administer, or enforce the definition of the term credit hour credit hour (4) carry out, develop, refine, promulgate, publish, implement, administer, or enforce a postsecondary institution ratings system or any other performance system to rate institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (5) promulgate, implement, administer, or enforce the proposed rule establishing a teacher preparation program accountability system as published by the Department of Education in the Federal Register on December 3, 2014 (79 Fed. Reg. 71819 et seq.), or any new regulation with respect to a teacher preparation program accountability system: Provided 311. None of the funds in this Act may be used to (including as a condition of any waiver provided under section 9401 of the ESEA)— (1) mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, instructional content, specific academic standards or assessments; (2) incentivize a State, local educational agency, or school to adopt any specific instructional content, academic standards, academic assessments, curriculum, or program of instruction, including by providing any priority, preference, or special consideration during the application process for any grant, contract, or cooperative agreement that is based on the adoption of any specific instructional content, academic standards, academic assessments, curriculum, or program of instruction; or (3) make financial support available in a manner that is conditioned upon a State, local educational agency, or school’s adoption of any specific instructional content, academic standards, academic assessments, curriculum, or program of instruction (such as the Common Core State Standards developed under the Common Core State Standards Initiative, any other standards common to a significant number of States, or any specific assessment, instructional content, or curriculum aligned to such standards). 312. Career pathways programs.— (1) Subsection (d) of section 484 of the HEA is amended by replacing (d)(2) with the following: (2) Eligible career pathway program In this subsection, the term eligible career pathway program (A) aligns with the skill needs of industries in the economy of the State or regional economy involved; (B) prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act 29 U.S.C. 50 et seq. apprenticeship (C) includes counseling to support an individual in achieving the individual’s education and career goals; (D) includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; (E) organizes education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable; (F) enables an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and (G) helps an individual enter or advance within a specific occupation or occupational cluster. . (2) Subsection (b) of section 401 of the HEA is amended by striking the addition to (b)(2)(A)(ii) made by subsection 309(b) of division G of Public Law 113–235 This title may be cited as the Department of Education Appropriations Act, 2016 IV Related Agencies Committee for purchase from people who are blind or severely disabled Salaries and expenses For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled established by Public Law 92–28 Corporation for national and community service Operating expenses For necessary expenses for the Corporation for National and Community Service (referred to in this title as CNCS 1973 Act 1990 Act Provided Provided further Payment to the National service trust (including transfer of funds) For payment to the National Service Trust established under subtitle D of title I of the 1990 Act, $145,000,000, to remain available until expended: Provided Operating Expenses Provided further 31 U.S.C. 1513(b) Salaries and expenses For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109 Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $5,250,000. Administrative provisions 401. CNCS shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2016, during any grant selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of CNCS that is authorized by CNCS to receive such information. 402. AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first 3 years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, Code of Federal Regulations, without regard to the operating costs match requirement in section 121(e) or the member support Federal share limitations in section 140 of the 1990 Act, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations. 403. Donations made to CNCS under section 196 of the 1990 Act for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations. 404. In addition to the requirements in section 146(a) of the 1990 Act, use of an educational award for the purpose described in section 148(a)(4) shall be limited to individuals who are veterans as defined under section 101 of the Act. 405. For the purpose of carrying out section 189D of the 1990 Act— (1) entities described in paragraph (a) of such section shall be considered qualified entities NCPA (2) individuals described in such section shall be considered volunteers (3) State Commissions on National and Community Service established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent with Public Law 92–544 Corporation for public broadcasting For payment to the Corporation for Public Broadcasting ( CPB Communications Act of 1934 Provided Provided further Provided further Provided further Provided further Public Law 113–76 47 U.S.C. 396(k)(3)(A)(i) Federal mediation and conciliation service Salaries and expenses For expenses necessary for the Federal Mediation and Conciliation Service ( Service Provided, 31 U.S.C. 3302 Provided further, Provided further Federal mine safety and health review commission Salaries and expenses For expenses necessary for the Federal Mine Safety and Health Review Commission, $15,950,000. Institute of museum and library services Office of museum and library services: grants and administration For carrying out the Museum and Library Services Act of 1996 and the National Museum of African American History and Culture Act, $227,860,000. Medicaid and CHIP payment and access commission Salaries and expenses For expenses necessary to carry out section 1900 of the Social Security Act, $7,250,000. Medicare payment advisory commission Salaries and expenses For expenses necessary to carry out section 1805 of the Social Security Act National council on disability Salaries and expenses For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973 National labor relations board Salaries and expenses For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $246,802,000: Provided Administrative provision 406. None of the funds provided by this Act or previous Acts making appropriations for the National Labor Relations Board may be used to issue any new administrative directive or regulation that would provide employees any means of voting through any electronic means in an election to determine a representative for the purposes of collective bargaining. 407. None of the funds made available by this Act may be used to implement or enforce any rule amending parts 101, 102, and 103 of title 29, Code of Federal Regulations (relating to the filing and processing of petitions pursuant to the representation of employees for the purposes of collective bargaining with their employer), including the final rule published by the National Labor Relations Board in the Federal Register on December 15, 2014 (79 Fed. Reg. 74308). 408. None of the funds in this or any other Act making appropriations for the National Labor Relations Board or any other Federal Agencies shall be used to investigate, issue, enforce or litigate any administrative directive, regulation, representation issue or unfair labor practice proceeding or any other administrative complaint, charge, claim or proceeding that would change the interpretation or application of a standard to determine whether entities are joint employers joint employer 409. None of the funds in this Act may be used to implement, create, apply or enforce through prosecution, adjudication, rulemaking, or the issuing of any interpretation, opinion, certification, decision or policy, any standard for initial bargaining unit determinations that conflicts with the standard articulated in the majority opinion in Wheeling Island Gaming Inc. and United Food and Commercial Workers International Union, Local 23, 355 NLRB 127 (August 27, 2010) (including but not limited to the majority opinion in footnote 2), except for unit determinations currently governed by NLRB rule section 103.30 for employers currently covered by such rules. Further, no funds in this Act shall be used to implement, create, apply or enforce through prosecution, adjudication, rulemaking, or the issuing of any interpretation, opinion, certification, decision or policy, any standard for initial bargaining unit determinations that utilize the overwhelming community of interest test except in accretion cases. National mediation board Salaries and expenses For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $12,600,000. Occupational safety and health review commission Salaries and expenses For expenses necessary for the Occupational Safety and Health Review Commission, $11,100,000. Railroad retirement board Dual benefits payments account For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $29,000,000, which shall include amounts becoming available in fiscal year 2016 pursuant to section 224(c)(1)(B) of Public Law 98–76 Provided Federal payments to the railroad retirement accounts For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2017, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98–76 Limitation on administration For necessary expenses for the Railroad Retirement Board ( Board Provided Provided further Limitation on the office of inspector general For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $8,437,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account. Social security administration Payments to social security trust funds For payment to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as provided under sections 201(m), 217(g), 228(g), and 1131(b)(2) of the Social Security Act Supplemental security income program For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92–603 Public Law 93–66 Public Law 95–216 Provided Provided further, For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2017, $14,500,000,000, to remain available until expended. Limitation on administrative expenses For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $20,000 for official reception and representation expenses, not more than $10,044,945,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in such section: Provided Provided further Provided further Provided further Provided further 5 U.S.C. 7131 In addition, for the costs associated with continuing disability reviews under titles II and XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, $1,439,000,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: Provided Provided further Public Law 104–121 In addition, $136,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93–66 In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act, which shall remain available until expended. Office of inspector general (including transfer of funds) For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $28,829,000, together with not to exceed $74,521,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the Limitation on Administrative Expenses Provided, V General Provisions (transfer of funds) 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be used for the same purpose, and for the same periods of time, for which they were originally appropriated. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. (a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 (c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available for Federal Mediation and Conciliation Service, Salaries and Expenses National Mediation Board, Salaries and Expenses 505. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. 506. (a) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for any abortion. (b) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for health benefits coverage that includes coverage of abortion. (c) The term health benefits coverage 507. (a) The limitations established in the preceding section shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds). (c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State's or locality's contribution of Medicaid matching funds). (d) (1) None of the funds made available in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (2) In this subsection, the term health care entity 508. (a) None of the funds made available in this Act may be used for— (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act 42 U.S.C. 289g(b) (b) For purposes of this section, the term human embryo or embryos 509. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. 510. None of the funds made available in this Act may be used to promulgate or adopt any final standard under section 1173(b) of the Social Security Act 511. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if— (1) such entity is otherwise a contractor with the United States and is subject to the requirement in 38 U.S.C. 4212(d) (2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. 513. None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act, as amended by the Children's Internet Protection Act, unless such library has made the certifications required by paragraph (4) of such section. 514. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2016, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. (b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2016, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects (including construction projects), or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. 515. (a) None of the funds made available in this Act may be used to request that a candidate for appointment to a Federal scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds with respect to political issues not directly related to and necessary for the work of the committee involved. (b) None of the funds made available in this Act may be used to disseminate information that is deliberately false or misleading. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an operating plan that details at the program, project, and activity level any funding allocations for fiscal year 2016 that are different than those specified in this Act, the accompanying detailed table in the report accompanying this Act, or the fiscal year 2016 budget request. 517. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agreements exceeding $500,000 in value and awarded by the Department on a non-competitive basis during each quarter of fiscal year 2016, but not to include grants awarded on a formula basis or directed by law. Such report shall include the name of the contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees within 30 days after the end of the quarter for which the report is submitted. 518. None of the funds appropriated in this Act shall be expended or obligated by the Commissioner of Social Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process any claim for credit for a quarter of coverage based on work performed under a social security account number that is not the claimant's number and the performance of such work under such number has formed the basis for a conviction of the claimant of a violation of section 208(a)(6) or (7) of the Social Security Act. 519. None of the funds appropriated by this Act may be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the Social Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the social security system established by title II of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement. 520. Notwithstanding any other provision of this Act, no funds appropriated in this Act shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug: Provided 521. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 522. None of the funds made available under this or any other Act, or any prior Appropriations Act, may be provided to the Association of Community Organizations for Reform Now ( ACORN 523. For purposes of carrying out Executive Order 13589, Office of Management and Budget Memorandum M–12–12 dated May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures: (1) the operating divisions of HHS shall be considered independent agencies; and (2) attendance at and support for scientific conferences shall be tabulated separately from and not included in agency totals. 524. Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense. The funds used by a Federal agency to carry out this requirement shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency. 525. (a) Federal agencies may use Federal discretionary funds that are made available in this Act to carry out up to 10 Performance Partnership Pilots. Such Pilots shall— (1) be designed to improve outcomes for disconnected youth; (2) include communities that have recently experienced civil unrest; and (3) involve Federal programs targeted on disconnected youth, or designed to prevent youth from disconnecting from school or work, that provide education, training, employment, and other related social services. Such Pilots shall be governed by the provisions of section 526 of division H of Public Law 113–76 Fiscal Year 2016 Fiscal Year 2014 September 30, 2020 September 30, 2018 (b) In addition, Federal agencies may use Federal discretionary funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the authority provided by section 526 of division H of Public Law 113–76 Public Law 113–235 Provided Public Law 113–25 526. Not later than 30 days after the end of each calendar quarter, beginning with the first quarter of fiscal year 2013, the Departments of Labor, Health and Human Services and Education and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate a quarterly report on the status of balances of appropriations: Provided, 527. Section 2812(d)(2) of the Public Health Service Act ( 42 U.S.C. 300hh–11(d)(2) (1) by redesignating the three sentences as subparagraphs (A), (B), and (C), respectively, and indenting accordingly; (2) in subparagraph (A), as so redesignated, by striking An In general.— (3) in subparagraph (B), as so redesignated, by striking With Application to training programs.— (4) in subparagraph (C), as so redesignated, by striking In Responsibility of labor secretary.— (5) by adding at the end the following new subparagraphs: (D) Computation of pay In the event of an injury to such an intermittent disaster response appointee, the position of the employee shall be deemed to be one which would have afforded employment for substantially a whole year (E) Continuation of pay The weekly pay of such an employee shall be deemed to be the hourly pay in effect on the date of the injury multiplied by 40, for purposes of computing benefits under section 8118 of such title. . 528. None of the funds in this Act may be obligated or expended in contravention of 8 U.S.C. 1183a. (Rescission) 529. Of the funds made available for fiscal year 2016 under section 3403 of Public Law 111–148 (rescission) 530. Of the funds made available for the Consumer Operated and Oriented Plans under section 1322 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18042 (rescission) 531. Amounts deposited or available in the Child Enrollment Contingency Fund from appropriations to the Fund under section 2104(n)(2)(A)(i) of the Social Security Act and the income derived from investment of those funds pursuant to 2104(n)(2)(C) of that Act, shall not be available for obligation in this fiscal year. (rescission) 532. Of any available amounts appropriated under section 108 of Public Law 111–3 (rescission) 533. Of the unobligated balances available from the Community Health Center Fund in prior fiscal years, $190,000,000 are hereby rescinded. This division may be cited as the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2016 October 6, 2015 Read the second time and placed on the calendar

Summary: An Act Making Appropriations to Stop Regulatory Excess and for Other Purposes, 2016 Provides FY2016 appropriations for financial services and general government; the Department of the Interior and the Environmental Protection Agency; the Departments of Labor, Health and Human Services, and Education; and several related agencies. Financial Services and General Government Appropriations Act, 2016 Department of the Treasury Appropriations Act, 2016 Provides appropriations to the Department of the Treasury, including the Internal Revenue Service. Executive Office of the President Appropriations Act, 2016 Provides appropriations to the Executive Office of the President. Judiciary Appropriations Act, 2016 Provides appropriations to the judiciary, including the Supreme Court of the United States and other federal courts. District of Columbia Appropriations Act, 2016 Provides appropriations to the District of Columbia, including Federal Funds and District of Columbia Funds. Provides appropriations to independent agencies responsible for overseeing areas such as the financial, telecommunications, and consumer products industries; federal elections; the federal workforce; and federal buildings. D.C. Opportunity Scholarship Program School Certification Requirements Act Amends the Scholarships for Opportunity and Results Act to establish additional requirements for schools participating in the program. Financial Regulatory Improvement Act of 2015 Amends the Gramm-Leach-Bliley Act, the Federal Home Loan Bank Act, the Riegle Community Development and Regulatory Improvement Act of 1994, the Truth in Lending Act, the Consumer Financial Protection Act of 2010, the Federal Deposit Insurance Act, and other laws that regulate financial institutions and securities markets. Changes the process and criteria for determining the size of financial entities that are systemically important and are subject to additional regulations and oversight. Amends provisions that provide protections to consumers of various financial products. Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016 Provides appropriations to the Department of the Interior for: the Bureau of Land Management, the U.S. Fish and Wildlife Service, the National Park Service, the U.S. Geological Survey, the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, the Office of Surface Mining Reclamation and Enforcement, and the Bureau of Indian Affairs and Bureau of Indian Education. Provides appropriations to Interior for Departmental Offices and Department-Wide Programs. Provides appropriations to the Environmental Protection Agency. Provides appropriations to the Department of Agriculture (USDA) for the Forest Service. Provides appropriations to the Department of Health and Human Services for the Indian Health Service, the National Institute of Environmental Health Sciences, and the Agency for Toxic Substances and Disease Registry. Provides appropriations for the Council on Environmental Quality and the Office of Environmental Quality, the Smithsonian Institution, the National Gallery of Art, and other related agencies and programs. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require specified adjustments to discretionary spending limits in FY2016-FY2021 to accommodate appropriations for wildfire suppression operations in the Wildland Fire Management accounts at USDA and Interior. Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2016 Department of Labor Appropriations Act, 2016 Provides appropriations to the Department of Labor for: the Employment and Training Administration, the Employee Benefits Security Administration, the Pension Benefit Guaranty Corporation, the Wage and Hour Division, the Office of Labor-Management Standards, the Office of Federal Contract Compliance Programs, the Office of Workers' Compensation Programs, the Occupational Safety and Health Administration, the Mine Safety and Health Administration, the Bureau of Labor Statistics, and Departmental Management. Department of Health and Human Services Appropriations Act, 2016 Provides appropriations to the Department of Health and Human Services for: the Health Resources and Services Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, the Substance Abuse and Mental Health Services Administration, the Agency for Healthcare Research and Quality, the Centers for Medicare and Medicaid Services, the Administration for Children and Families, the Administration for Community Living, and the Office of the Secretary. Department of Education Appropriations Act, 2016 Provides appropriations to the Department of Education and related programs. Provides appropriations to related agencies, including: the Corporation for National and Community Service, the Corporation for Public Broadcasting, the Medicaid and CHIP Payment and Access Commission, the Medicare Payment Advisory Commission, the National Labor Relations Board, and the Social Security Administration. Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.