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(5) Payment of annuities authorized to be paid 
from the Civil Service Retirement and Disability 
Fund by statutory provisions other than subchapter 
III of chapter 83 or chapter 84 of title 5, United 
States Code. 
(b) Nothing in this section may be construed to ex-
empt any amount appropriated by this section from any 
otherwise applicable limitation on the use of funds con-
tained in this Act. 
SEC. 620. None of the funds made available in this 
Act may be used by the Federal Trade Commission to 
complete the draft report entitled ‘‘Interagency Working 
Group on Food Marketed to Children: Preliminary Pro-
posed Nutrition Principles to Guide Industry Self-Regu-
latory Efforts’’ unless the Interagency Working Group on 
Food Marketed to Children complies with Executive Order 
No. 13563. 
SEC. 621. None of the funds made available by this 
Act may be used to pay the salaries and expenses for the 
following positions: 
(1) Director, White House Office of Health Re-
form, or any substantially similar position. 
(2) Assistant to the President for Energy and 
Climate Change, or any substantially similar posi-
tion. 
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(3) Senior Advisor to the Secretary of the 
Treasury assigned to the Presidential Task Force on 
the Auto Industry and Senior Counselor for Manu-
facturing Policy, or any substantially similar posi-
tion. 
(4) White House Director of Urban Affairs, or 
any substantially similar position. 
SEC. 622. None of the funds made available in this 
Act may be used in contravention of chapter 29, 31, or 
33 of title 44, United States Code. 
SEC. 623. (a) Not later than 180 days after the date 
of enactment of this section, the agencies specified in sub-
section (b) shall each submit a report to the Committees 
on Appropriations of the House of Representatives and the 
Senate on— 
(1) increasing public participation in the rule-
making process and reducing uncertainty; 
(2) improving coordination with other Federal 
agencies to eliminate redundant, inconsistent, and 
overlapping regulations; and 
(3) identifying existing regulations that have 
been reviewed and determined to be outmoded, inef-
fective, or excessively burdensome. 
(b) The agencies required to submit a report specified 
in subsection (a) are— 
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(1) the Consumer Product Safety Commission; 
(2) the Federal Communications Commission; 
(3) the Federal Trade Commission; and 
(4) the Securities and Exchange Commission. 
SEC. 624. The unobligated balance in the Securities 
and Exchange Commission Reserve Fund established by 
section 991 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (Public Law 111–203) is perma-
nently rescinded. 
SEC. 625. None of the funds made available by this 
Act shall be used by the Securities and Exchange Commis-
sion to study, develop, propose, finalize, issue, or imple-
ment any rule, regulation, or order regarding the disclo-
sure of political contributions to tax exempt organizations, 
or dues paid to trade associations. 
SEC. 626. None of the funds made available by this 
or any other Act may be used by the Financial Stability 
Oversight Council to make a determination, pursuant to 
subsection (a) or (b) of section 113 of the Financial Sta-
bility Act of 2010 (12 U.S.C. 5323), with respect to a 
nonbank financial company until— 
(1) the Financial Stability Oversight Council, in 
the notice described in subsection (e)(1) of such sec-
tion, identifies with specificity the risks to the finan-
cial stability of the United States presented by the 
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nonbank financial company and explains in sufficient 
detail why regulatory action by the relevant primary 
financial regulatory agency would be insufficient to 
mitigate or prevent such risks; and 
(2) if the nonbank financial company presents 
a plan in a hearing conducted pursuant to sub-
section (e)(2) of such section to modify its business, 
structure, or operations in order to mitigate the 
risks identified in such a notice— 
(A) the Financial Stability Oversight 
Council makes a determination as to whether 
such plan, if implemented, adequately mitigates 
the identified risks; and 
(B) if the Financial Stability Oversight 
Council determines that such plan would ade-
quately mitigate the identified risk, the Coun-
cil— 
(i) approves such plan; and 
(ii) allows the nonbank financial com-
pany a reasonable period of time to imple-
ment such plan. 
SEC. 627. None of the funds made available in this 
Act may be used by a governmental entity to require the 
disclosure by a provider of electronic communication serv-
ice to the public or remote computing service of the con-
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tents of a wire or electronic communication that is in elec-
tronic storage with the provider (as such terms are defined 
in sections 2510 and 2711 of title 18, United States Code) 
in a manner that violates the Fourth Amendment to the 
Constitution of the United States. 
SEC. 628. (a) In each of fiscal years 2017 through 
2025, section 628 of division E of the Consolidated Appro-
priations Act, 2016 (Public Law 114–113; 129 Stat. 
2469) applies to a joint sales agreement regardless of any 
change in the ownership of the stations involved in such 
agreement. 
(b) In the case of a joint sales agreement to which 
such section applies, while such section is in effect, the 
Federal Communications Commission— 
(1) may not require the termination or modi-
fication of such agreement as a condition of the 
transfer or assignment of a station license or the 
transfer of station ownership or control; and 
(2) upon request of the transferee or assignee 
of the station license, shall eliminate any such condi-
tion that was imposed after March 31, 2014, and 
permit the licensees of the stations whose adver-
tising was jointly sold pursuant to such agreement 
to enter into a new joint sales agreement on sub-
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stantially similar terms and conditions as the prior 
agreement. 
(c) In this section, the term ‘‘joint sales agreement’’ 
has the meaning given such term in Note 2(k) to section 
73.3555 of title 47, Code of Federal Regulations, and 
where a joint sales agreement is part of a broader con-
tract, this section shall be limited to the joint sales agree-
ment portion of such contract. 
SEC. 629. None of the funds appropriated by this Act 
may be used by the Federal Communications Commission 
to modify, amend, or change the rules or regulations of 
the Commission for universal service high-cost support for 
competitive eligible telecommunications carriers in a way 
that is inconsistent with paragraph (e)(5) or (e)(6) of sec-
tion 54.307 of title 47, Code of Federal Regulations, as 
in effect on July 15, 2015: Provided, That this section 
shall not prohibit the Commission from considering, devel-
oping, or adopting other support mechanisms as an alter-
native to Mobility Fund Phase II. 
SEC. 630. None of the funds made available by this 
Act may be used to implement, administer, or enforce any 
rule (as defined in section 551 of title 5, United States 
Code), or any amendment or repeal of an existing rule, 
that is adopted by vote of the Federal Communications 
Commission after the date of the enactment of this Act, 
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unless the Commission publishes the text of such rule, 
amendment, or repeal on the Internet Web site of the 
Commission not later than 21 days before the date on 
which the vote occurs. 
SEC. 631. None of the funds made available by this 
Act may be used to regulate, directly or indirectly, the 
prices, other fees, or data caps and allowances (as such 
terms are described in paragraph 164 of the Report and 
Order on Remand, Declaratory Ruling, and Order in the 
matter of protecting and promoting the open Internet, 
adopted by the Federal Communications Commission on 
February 26, 2015 (FCC 15–24)) charged or imposed by 
providers of broadband Internet access service (as defined 
in the final rules in Appendix A of such Report and Order 
on Remand, Declaratory Ruling, and Order) for such serv-
ice, regardless of whether such regulation takes the form 
of requirements for future conduct or enforcement regard-
ing past conduct. 
SEC. 632. None of the funds made available by this 
Act may be used to implement, administer, or enforce the 
Report and Order on Remand, Declaratory Ruling, and 
Order in the matter of protecting and promoting the open 
Internet, adopted by the Federal Communications Com-
mission on February 26, 2015 (FCC 15–24), until the 
first date on which there has been a final disposition (in-
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cluding the exhaustion of or expiration of the time for any 
appeals) of all of the following civil actions: 
(1) Alamo Broadband Inc. v. Federal Commu-
nications Commission, et al., No. 15–60201, pending 
in the United States Court of Appeals for the Fifth 
Circuit as of the date of the enactment of this Act. 
(2) United States Telecom Assoc. v. Federal 
Communications Commission, et al., No. 15–1063, 
pending in the United States Court of Appeals for 
the District of Columbia Circuit as of the date of the 
enactment of this Act. 
(3) CenturyLink v. Federal Communications 
Commission, No. 15–1099, pending in the United 
States Court of Appeals for the District of Columbia 
Circuit as of the date of the enactment of this Act. 
SEC. 633. (a) Section 1105(a)(35) of title 31, United 
States Code, is amended— 
(1) by striking subparagraph (B) and redesig-
nating subparagraph (C) as subparagraph (B); 
(2) by striking ‘‘homeland security’’ in each in-
stance it appears and inserting ‘‘cybersecurity’’; and 
(3) by amending subparagraph (B) (as redesig-
nated by paragraph (1)) to read as follows: 
‘‘(B) Prior to implementing this paragraph, in-
cluding determining what Federal activities or ac-
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counts constitute cybersecurity for purposes of budg-
etary classification, the Office of Management and 
Budget shall consult with the Committees on Appro-
priations and the Committees on the Budget of the 
House of Representatives and the Senate, the Com-
mittee on Homeland Security of the House of Rep-
resentatives, and the Committee on Homeland Secu-
rity and Government Affairs of the Senate.’’. 
(b) The amendments made by subsection (a) shall 
apply to budget submissions under section 1105(a) of title 
31, United States Code, for fiscal year 2018 and each sub-
sequent fiscal year. 
SEC. 634. (a) Effective one year after the date of the 
enactment of this Act, subtitle B of title IV of Public Law 
102–281 is repealed. 
(b) On the day before the date of the repeal under 
subsection (a), the Secretary of the Treasury shall trans-
fer the amounts in the fund described in section 408(a) 
of subtitle A of title IV of such Public Law into the gen-
eral fund of the Treasury. 
SEC. 635. (a) None of the funds made available in 
this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, 
downloading, and exchanging of pornography. 
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(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 crimi-
nal investigations, prosecution, adjudication activities, or 
other law enforcement- or victim assistance-related activ-
ity. 
SEC. 636. (a) None of the funds made available by 
this Act may be used to finalize, adopt, implement, admin-
ister, or enforce any proposed rule under section 629 of 
the Communications Act of 1934 (47 U.S.C. 549) before 
the date that is 180 days after the completion of the fol-
lowing process: 
(1) There has been completed a study that— 
(A) evaluates the potential costs and bene-
fits of the proposed rule and the potential costs 
and benefits of other market-based solutions; 
and 
(B) meets the requirements of subsection 
(b). 
(2) The Federal Communications Commission 
has— 
(A) sought public comment on the study 
described in paragraph (1); 
(B) provided a period of not less than 90 
days for the submission of such comments; and 
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(C) addressed the concerns raised in the 
comment cycle under subparagraph (B) in a re-
port adopted by vote of the Commission and 
made publicly available. 
(b) A study meets the requirements of this subsection 
if the study— 
(1) is a peer-reviewed study conducted by an in-
stitution of higher education (as defined in section 
101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a))) or an individual in the individual’s 
capacity as a faculty member at such an institution; 
and 
(2) at minimum, analyzes the potential impact 
of the proposed rule on— 
(A) all parties in the video programming 
marketplace, including video programming cre-
ators, programming networks, multichannel 
video programming distributors, and sub-
scribers of multichannel video programming 
services; 
(B) video programming content diversity; 
(C) intellectual property and content li-
censing; and 
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(D) consumer privacy and the legal rem-
edies available to consumers for violations of 
video privacy obligations. 
SEC. 637. None of the funds made available in this 
Act or transferred pursuant to section 1017 of Public Law 
111–203 may be used to take any action on the basis of 
an individual being a mortgage originator as defined in 
section 103(cc) of the Truth in Lending Act (15 U.S.C. 
1602(cc)) against any individual who is a retailer of manu-
factured homes or its employees, unless such retailer or 
its employees receive compensation or gain for engaging 
in activities described in paragraph (1)(A) of such section 
103(cc) that is in excess of any compensation or gain re-
ceived in a comparable cash transaction. 
SEC. 638. None of the funds made available in this 
Act or transferred pursuant to section 1017 of Public Law 
111–203 may be used to enforce the provisions of section 
129 of the Truth in Lending Act (15 U.S.C. 1639) for 
any transaction that is less than $75,000 and is secured 
by a dwelling that is personal property or is a transaction 
that does not include the purchase of real property on 
which a dwelling is to be placed if— 
(1) the annual percentage rate at consumma-
tion of the transaction, as determined under section 
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103(bb) of the Truth in Lending Act (15 U.S.C. 
1602(bb)) does not exceed 10 percentage points; and 
(2) the total points and fees payable in connec-
tion with the transaction, as determined under such 
section 103(bb), do not exceed the greater of 5 per-
cent or $3,000. 
SEC. 639. None of the funds made available by this 
Act, any other Act, or transferred to the Bureau of Con-
sumer Financial Protection pursuant to section 1017 of 
the Consumer Financial Protection Act of 2010 may be 
used to issue or enforce any rule or regulation with respect 
to payday loans (as described under section 1024(a)(1)(E) 
of such Act), vehicle title loans, or other similar loans dur-
ing fiscal year 2017 and the Bureau may not issue or en-
force any such rule or regulation after fiscal year 2017 
until such time as the Bureau has submitted to Congress 
a detailed report, after providing for a public comment pe-
riod of not less than 90 days, that: (1) analyzes the impact 
of any such rule or regulation on consumer access to cred-
it, including an analysis of the rule or regulation’s impact 
on populations that have traditionally had limited access 
to credit; and (2) identifies existing alternative credit 
products that are immediately available to existing users 
of payday loans, vehicle title loans, or other similar loans 
at the same credit risk profiles and at sufficient levels to 
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fully replace any anticipated potential reduction in current 
sources of short-term, small-dollar credit as a result of the 
rule or regulation. 
SEC. 640. (a) None of the funds made available by 
this Act shall be used to implement, promulgate, finalize 
or enforce Executive Order No. 13673, issued July 31, 
2014, or to develop any regulation or guidance related 
thereto, until— 
(1) a study is conducted by the Comptroller 
General analyzing the impacts of such order on af-
fected Federal agencies’ missions, impacts on the in-
dustrial base, and including a cost benefit analysis 
of implementation of the such order versus potential 
alternatives; and 
(2) the Secretary of Labor has reviewed the re-
port of the study conducted pursuant to paragraph 
(1) and certified that the benefits of the order out-
weigh any associated costs and will not impede agen-
cy missions. 
(b) The study to be conducted by the Comptroller 
General shall be publicly available and shall be submitted 
to the Committees on Appropriations of the House of Rep-
resentatives and Senate. The elements of the study shall 
include an assessment of— 
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(1) the estimated costs to each Federal agency or de-
partment to implement the Executive order, including the 
costs of designating labor compliance advisors and any 
other associated positions or resources needed to support 
the functions of the labor compliance advisors; 
(2) the effects of the Executive order on the indus-
trial base (including the defense industrial base) and in-
cluding input from both the Federal agencies (including 
the Department of Defense) and affected members of the 
industrial base, including how the order would affect the 
ability of mission critical contractors to continue to pro-
vide goods and services to the Federal Government; 
(3) any private sector capabilities that the agency or 
department would risk losing access to if the Executive 
order were implemented as defined in the FAR proposed 
rule (FAR Case 2014–025; Docket No. 2014–0025) and 
any related final rule; 
(4) costs to prime contractors and subcontractors as-
sociated with complying with the proposed rule or any re-
lated final rule, including the costs of having to create new 
information systems or processes to obtain and manage 
the data required by the Executive order; 
(5) the effect of the Executive order on Federal ac-
quisition competition and the ability to encourage non-tra-
ditional contractors to compete in the Federal market; 
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(6) the effect of the Executive order on the ability 
of the Federal Government to meet statutory small busi-
ness prime contracting and subcontracting goals, includ-
ing such goals for minority-owned, women-owned, and 
service-disabled veteran-owned small businesses; 
(7) the total number of violations (as defined in the 
proposed Department of Labor guidance) and the number 
of such violations where a challenge was still pending that 
would trigger disclosure by potential bidders to a Govern-
ment solicitation; 
(8) any delays to the procurement process that will 
result from the implementation of the Executive order; 
(9) alternative approaches to effect the goal of the 
Executive order, including potential improvements to Gov-
ernment information systems, that could provide greater 
transparency into labor law compliance without shifting 
the reporting burden to industry; and 
(10) such other matters as the Comptroller General 
determines relevant. 
SEC. 641. (1) None of the funds appropriated by this 
Act shall be available to pay for an abortion or the admin-
istrative expenses in connection with a multi-State quali-
fied health plan offered under a contract under section 
1334 of the Patient Protection and Affordable Care Act 
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(42 U.S.C. 18054) which provides any benefits or coverage 
for abortions. 
(2) The provision of paragraph (1) shall not apply 
where the life of the mother would be endangered if the 
fetus were carried to term, or the pregnancy is the result 
of an act of rape or incest. 
TITLE VII 
GENERAL PROVISIONS—GOVERNMENT-WIDE 
DEPARTMENTS, AGENCIES, AND CORPORATIONS 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 701. No department, agency, or instrumentality 
of the United States receiving appropriated funds under 
this or any other Act for fiscal year 2017 shall obligate 
or expend any such funds, unless such department, agen-
cy, or instrumentality has in place, and will continue to 
administer in good faith, a written policy designed to en-
sure that all of its workplaces are free from the illegal 
use, possession, or distribution of controlled substances 
(as defined in the Controlled Substances Act (21 U.S.C. 
802)) by the officers and employees of such department, 
agency, or instrumentality. 
SEC. 702. Unless otherwise specifically provided, the 
maximum amount allowable during the current fiscal year 
in accordance with subsection 1343(c) of title 31, United 
States Code, for the purchase of any passenger motor ve-
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hicle (exclusive of buses, ambulances, law enforcement ve-
hicles, protective vehicles, and undercover surveillance ve-
hicles), is hereby fixed at $19,947 except station wagons 
for which the maximum shall be $19,997: Provided, That 
these limits may be exceeded by not to exceed $7,250 for 
police-type vehicles: Provided further, That the limits set 
forth in this section may not be exceeded by more than 
5 percent for electric or hybrid vehicles purchased for 
demonstration under the provisions of the Electric and 
Hybrid Vehicle Research, Development, and Demonstra-
tion Act of 1976: Provided further, That the limits set 
forth in this section may be exceeded by the incremental 
cost of clean alternative fuels vehicles acquired pursuant 
to Public Law 101–549 over the cost of comparable con-
ventionally fueled vehicles: Provided further, That the lim-
its set forth in this section shall not apply to any vehicle 
that is a commercial item and which operates on alter-
native fuel, including but not limited to electric, plug-in 
hybrid electric, and hydrogen fuel cell vehicles. 
SEC. 703. Appropriations of the executive depart-
ments and independent establishments for the current fis-
cal year available for expenses of travel, or for the ex-
penses 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. 
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SEC. 704. Unless otherwise specified in law during 
the current fiscal year, no part of any appropriation con-
tained in this or any other Act shall be used to pay the 
compensation of any officer or employee of the Govern-
ment of the United States (including any agency the ma-
jority of the stock of which is owned by the Government 
of the United States) whose post of duty is in the conti-
nental United States unless such person: (1) is a citizen 
of the United States; (2) is a person who is lawfully admit-
ted for permanent residence and is seeking citizenship as 
outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who 
is admitted as a refugee under 8 U.S.C. 1157 or is grant-
ed asylum under 8 U.S.C. 1158 and has filed a declaration 
of intention to become a lawful permanent resident and 
then a citizen when eligible; or (4) is a person who owes 
allegiance to the United States: Provided, That for pur-
poses of this section, affidavits signed by any such person 
shall be considered prima facie evidence that the require-
ments of this section with respect to his or her status are 
being complied with: Provided further, That for purposes 
of subsections (2) and (3) such affidavits shall be sub-
mitted prior to employment and updated thereafter as nec-
essary: Provided further, That any payment made to any 
officer or employee contrary to the provisions of this sec-
tion shall be recoverable in action by the Federal Govern-
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ment: Provided further, That this section shall not apply 
to any person who is an officer or employee of the Govern-
ment of the United States on the date of enactment of 
this Act, or to international broadcasters employed by the 
Broadcasting Board of Governors, or to temporary em-
ployment of translators, or to temporary employment in 
the field service (not to exceed 60 days) as a result of 
emergencies: Provided further, That this section does not 
apply to the employment as wildland firefighters for not 
more than 120 days of nonresident aliens employed by the 
Department of the Interior or the USDA Forest Service 
pursuant to an agreement with another country. 
SEC. 705. Appropriations available to any depart-
ment or agency during the current fiscal year for nec-
essary expenses, including maintenance or operating ex-
penses, 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 build-
ings and facilities which constitute public improvements 
performed in accordance with the Public Buildings Act of 
1959 (73 Stat. 479), the Public Buildings Amendments 
of 1972 (86 Stat. 216), or other applicable law. 
SEC. 706. In addition to funds provided in this or 
any other Act, all Federal agencies are authorized to re-
ceive and use funds resulting from the sale of materials, 
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including Federal records disposed of pursuant to a 
records schedule recovered through recycling or waste pre-
vention programs. Such funds shall be available until ex-
pended for the following purposes: 
(1) Acquisition, waste reduction and prevention, 
and recycling programs as described in Executive 
Order No. 13693 (March 19, 2015), including any 
such programs adopted prior to the effective date of 
the Executive order. 
(2) Other Federal agency environmental man-
agement programs, including, but not limited to, the 
development and implementation of hazardous waste 
management and pollution prevention programs. 
(3) Other employee programs as authorized by 
law or as deemed appropriate by the head of the 
Federal agency. 
SEC. 707. Funds made available by this or any other 
Act for administrative expenses in the current fiscal year 
of the corporations and agencies subject to chapter 91 of 
title 31, United States Code, shall be available, in addition 
to objects for which such funds are otherwise available, 
for rent in the District of Columbia; services in accordance 
with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the 
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Act by which they are made available: Provided, That in 
the event any functions budgeted as administrative ex-
penses are subsequently transferred to or paid from other 
funds, the limitations on administrative expenses shall be 
correspondingly reduced. 
SEC. 708. No part of any appropriation contained in 
this or any other Act shall be available for interagency 
financing of boards (except Federal Executive Boards), 
commissions, councils, committees, or similar groups 
(whether or not they are interagency entities) which do 
not have a prior and specific statutory approval to receive 
financial support from more than one agency or instru-
mentality. 
SEC. 709. None of the funds made available pursuant 
to the provisions of this or any other Act shall be used 
to implement, administer, or enforce any regulation which 
has been disapproved pursuant to a joint resolution duly 
adopted in accordance with the applicable law of the 
United States. 
SEC. 710. During the period in which the head of 
any department or agency, or any other officer or civilian 
employee of the Federal Government appointed by the 
President of the United States, holds office, no funds may 
be obligated or expended in excess of $5,000 to furnish 
or redecorate the office of such department head, agency 
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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 Rep-
resentatives and the Senate. For the purposes of this sec-
tion, the term ‘‘office’’ shall include the entire suite of of-
fices assigned to the individual, as well as any other space 
used primarily by the individual or the use of which is 
directly controlled by the individual. 
SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec-
tion 708 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for 
the interagency funding of national security and emer-
gency preparedness telecommunications initiatives which 
benefit multiple Federal departments, agencies, or enti-
ties, as provided by Executive Order No. 13618 (July 6, 
2012). 
SEC. 712. (a) None of the funds made available by 
this or any other Act may be obligated or expended by 
any department, agency, or other instrumentality of the 
Federal Government to pay the salaries or expenses of any 
individual appointed to a position of a confidential or pol-
icy-determining character that is excepted from the com-
petitive service under section 3302 of title 5, United 
States Code, (pursuant to schedule C of subpart C of part 
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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 cer-
tifies to the Director of the Office of Personnel Manage-
ment that the schedule C position occupied by the indi-
vidual 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 de-
tailed to or from an element of the intelligence community 
(as that term is defined under section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 3003(4))). 
SEC. 713. No part of any appropriation contained in 
this or any other Act shall be available for the payment 
of the salary of any officer or employee of the Federal 
Government, who— 
(1) prohibits or prevents, or attempts or threat-
ens to prohibit or prevent, any other officer or em-
ployee 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 
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whether such communication or contact is at the ini-
tiative of such other officer or employee or in re-
sponse 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 dis-
criminates in regard to any employment right, enti-
tlement, or benefit, or any term or condition of em-
ployment 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 sub-
committee of the Congress as described in paragraph 
(1). 
SEC. 714. (a) None of the funds made available in 
this or any other Act may be obligated or expended for 
any employee training that— 
(1) does not meet identified needs for knowl-
edge, skills, and abilities bearing directly upon the 
performance of official duties; 
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(2) contains elements likely to induce high lev-
els 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 train-
ing and written end of course evaluation; 
(4) contains any methods or content associated 
with religious or quasi-religious belief systems or 
‘‘new age’’ belief systems as defined in Equal Em-
ployment 
Opportunity 
Commission 
Notice 
N– 
915.022, dated September 2, 1988; or 
(5) is offensive to, or designed to change, par-
ticipants’ personal values or lifestyle outside the 
workplace. 
(b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training 
bearing directly upon the performance of official duties. 
SEC. 715. No part of any funds appropriated in this 
or any other Act shall be used by an agency of the execu-
tive branch, other than for normal and recognized execu-
tive-legislative relationships, for publicity or propaganda 
purposes, and for the preparation, distribution or use of 
any kit, pamphlet, booklet, publication, radio, television, 
infographic, social media, or film presentation designed to 
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support or defeat legislation pending before the Congress, 
except in presentation to the Congress itself. 
SEC. 716. None of the funds appropriated by this or 
any other Act may be used by an agency to provide a Fed-
eral employee’s home address to any labor organization 
except when the employee has authorized such disclosure 
or when such disclosure has been ordered by a court of 
competent jurisdiction. 
SEC. 717. None of the funds made available in this 
or any other Act may be used to provide any non-public 
information such as mailing, telephone or electronic mail-
ing lists to any person or any organization outside of the 
Federal Government without the approval of the Commit-
tees on Appropriations of the House of Representatives 
and the Senate. 
SEC. 718. No part of any appropriation contained in 
this or any other Act shall be used directly or indirectly, 
including by private contractor, for publicity or propa-
ganda purposes within the United States not heretofore 
authorized by Congress. 
SEC. 719. (a) In this section, the term ‘‘agency’’— 
(1) means an Executive agency, as defined 
under 5 U.S.C. 105; and 
(2) includes a military department, as defined 
under section 102 of such title, the United States 
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Postal Service, and the Postal Regulatory Commis-
sion. 
(b) Unless authorized in accordance with law or regu-
lations to use such time for other purposes, an employee 
of an agency shall use official time in an honest effort 
to perform official duties. An employee not under a leave 
system, including a Presidential appointee exempted under 
5 U.S.C. 6301(2), has an obligation to expend an honest 
effort and a reasonable proportion of such employee’s time 
in the performance of official duties. 
SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec-
tion 708 of this Act, funds made available for the current 
fiscal year by this or any other Act to any department 
or agency, which is a member of the Federal Accounting 
Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative 
costs. 
SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec-
tion 708 of this Act, the head of each Executive depart-
ment and agency is hereby authorized to transfer to or 
reimburse ‘‘General Services Administration, Government- 
wide Policy’’ with the approval of the Director of the Of-
fice of Management and Budget, funds made available for 
the current fiscal year by this or any other Act, including 
rebates from charge card and other contracts: Provided, 
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That these funds shall be administered by the Adminis-
trator of General Services to support Government-wide 
and other multi-agency financial, information technology, 
procurement, and other management innovations, initia-
tives, and activities, including improving coordination and 
reducing duplication, as approved by the Director of the 
Office of Management and Budget, in consultation with 
the appropriate interagency and multi-agency groups des-
ignated by the Director (including the President’s Man-
agement Council for overall management improvement ini-
tiatives, the Chief Financial Officers Council for financial 
management initiatives, the Chief Information Officers 
Council for information technology initiatives, the Chief 
Human Capital Officers Council for human capital initia-
tives, the Chief Acquisition Officers Council for procure-
ment initiatives, and the Performance Improvement Coun-
cil for performance improvement initiatives): Provided fur-
ther, That the total funds transferred or reimbursed shall 
not exceed $15,000,000 to improve coordination, reduce 
duplication, and for other activities related to Federal 
Government Priority Goals established by 31 U.S.C. 1120, 
and not to exceed $17,000,000 for Government-Wide inno-
vations, initiatives, and activities: Provided further, That 
the funds transferred to or for reimbursement of ‘‘General 
Services Administration, Government-wide Policy’’ during 
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fiscal year 2017 shall remain available for obligation 
through September 30, 2018: Provided further, That such 
transfers or reimbursements may only be made after 15 
days following notification of the Committees on Appro-
priations of the House of Representatives and the Senate 
by the Director of the Office of Management and Budget. 
SEC. 722. Notwithstanding any other provision of 
law, a woman may breastfeed her child at any location 
in a Federal building or on Federal property, if the woman 
and her child are otherwise authorized to be present at 
the location. 
SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec-
tion 708 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for 
the interagency funding of specific projects, workshops, 
studies, and similar efforts to carry out the purposes of 
the National Science and Technology Council (authorized 
by Executive Order No. 12881), which benefit multiple 
Federal departments, agencies, or entities: Provided, That 
the Office of Management and Budget shall provide a re-
port describing the budget of and resources connected with 
the National Science and Technology Council to the Com-
mittees on Appropriations, the House Committee on 
Science and Technology, and the Senate Committee on 
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Commerce, Science, and Transportation 90 days after en-
actment of this Act. 
SEC. 724. Any request for proposals, solicitation, 
grant application, form, notification, press release, or 
other publications involving the distribution of Federal 
funds shall comply with any relevant requirements in part 
200 of title 2, Code of Federal Regulations: Provided, 
That this section shall apply to direct payments, formula 
funds, and grants received by a State receiving Federal 
funds. 
SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY 
MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 
the funds made available in this or any other Act may 
be used by any Federal agency— 
(1) to collect, review, or create any aggregation 
of data, derived from any means, that includes any 
personally identifiable information relating to an in-
dividual’s access to or use of any Federal Govern-
ment Internet site of the agency; or 
(2) to enter into any agreement with a third 
party (including another government agency) to col-
lect, review, or obtain any aggregation of data, de-
rived from any means, that includes any personally 
identifiable information relating to an individual’s 
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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 iden-
tifiable information; 
(3) any action taken for law enforcement, regu-
latory, 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 oper-
ator of an Internet site and is necessarily incident 
to providing the Internet site services or to pro-
tecting the rights or property of the provider of the 
Internet site. 
(c) DEFINITIONS.—For the purposes of this section: 
(1) The term ‘‘regulatory’’ means agency ac-
tions to implement, interpret or enforce authorities 
provided in law. 
(2) The term ‘‘supervisory’’ means examina-
tions of the agency’s supervised institutions, includ-
ing assessing safety and soundness, overall financial 
condition, management practices and policies and 
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compliance with applicable standards as provided in 
law. 
SEC. 726. (a) None of the funds appropriated by this 
Act may be used to enter into or renew a contract which 
includes a provision providing prescription drug coverage, 
except where the contract also includes a provision for con-
traceptive 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 sub-
ject 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 re-
quire coverage of abortion or abortion-related services. 
SEC. 727. The United States is committed to ensur-
ing the health of its Olympic, Pan American, and 
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Paralympic athletes, and supports the strict adherence to 
anti-doping in sport through testing, adjudication, edu-
cation, and research as performed by nationally recognized 
oversight authorities. 
SEC. 728. Notwithstanding any other provision of 
law, funds appropriated for official travel to Federal de-
partments 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 Gov-
ernment personnel, to participate in the fractional aircraft 
ownership pilot program. 
SEC. 729. Notwithstanding any other provision of 
law, none of the funds appropriated or made available 
under this or any other appropriations Act may be used 
to implement or enforce restrictions or limitations on the 
Coast Guard Congressional Fellowship Program, or to im-
plement the proposed regulations of the Office of Per-
sonnel Management to add sections 300.311 through 
300.316 to part 300 of title 5 of the Code of Federal Reg-
ulations, published in the Federal Register, volume 68, 
number 174, on September 9, 2003 (relating to the detail 
of executive branch employees to the legislative branch). 
SEC. 730. Notwithstanding any other provision of 
law, no executive branch agency shall purchase, construct, 
or lease any additional facilities, except within or contig-
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uous 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 author-
ized to obtain the temporary use of additional facilities 
by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities. 
SEC. 731. Unless otherwise authorized by existing 
law, none of the funds provided in this or any other Act 
may be used by an executive branch agency to produce 
any prepackaged news story intended for broadcast or dis-
tribution in the United States, unless the story includes 
a clear notification within the text or audio of the pre-
packaged news story that the prepackaged news story was 
prepared or funded by that executive branch agency. 
SEC. 732. None of the funds made available in this 
Act may be used in contravention of section 552a of title 
5, United States Code (popularly known as the Privacy 
Act), and regulations implementing that section. 
SEC. 733. (a) IN GENERAL.—None of the funds ap-
propriated or otherwise made available by this or any 
other Act may be used for any Federal Government con-
tract with any foreign incorporated entity which is treated 
as an inverted domestic corporation under section 835(b) 
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of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 
or any subsidiary of such an entity. 
(b) WAIVERS.— 
(1) IN GENERAL.—Any Secretary shall waive 
subsection (a) with respect to any Federal Govern-
ment contract under the authority of such Secretary 
if the Secretary determines that the waiver is re-
quired in the interest of national security. 
(2) REPORT
TO
CONGRESS.—Any Secretary 
issuing a waiver under paragraph (1) shall report 
such issuance to Congress. 
(c) EXCEPTION.—This section shall not apply to any 
Federal Government contract entered into before the date 
of the enactment of this Act, or to any task order issued 
pursuant to such contract. 
SEC. 734. During fiscal year 2017, for each employee 
who— 
(1) 
retires 
under 
section 
8336(d)(2) 
or 
8414(b)(1)(B) of title 5, United States Code; or 
(2) retires under any other provision of sub-
chapter III of chapter 83 or chapter 84 of such title 
5 and receives a payment as an incentive to sepa-
rate, the separating agency shall remit to the Civil 
Service Retirement and Disability Fund an amount 
equal to the Office of Personnel Management’s aver-
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age 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 adminis-
trative expense under section 8348(a)(1)(B) of title 
5, United States Code. 
SEC. 735. (a) None of the funds made available in 
this or any other Act may be used to recommend or re-
quire any entity submitting an offer for a Federal contract 
or otherwise performing or participating in acquisition at 
any stage of the acquisition process (as defined in section 
131 of title 41, United States Code) of property or services 
by the Federal Government to disclose any of the following 
information as a condition of submitting the offer or oth-
erwise performing in or participating in such acquisition: 
(1) Any payment consisting of a contribution, 
expenditure, independent expenditure, or disburse-
ment 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 com-
mittee, 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 
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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’’, ‘‘election-
eering communication’’, ‘‘candidate’’, ‘‘election’’, and 
‘‘Federal office’’ has the meaning given such term in the 
Federal Election Campaign Act of 1971 (2 U.S.C. 431 
et seq.). 
SEC. 736. None of the funds made available in this 
or any other Act may be used to pay for the painting of 
a portrait of an officer or employee of the Federal govern-
ment, including the President, the Vice President, a mem-
ber of Congress (including a Delegate or a Resident Com-
missioner to Congress), the head of an executive branch 
agency (as defined in section 133 of title 41, United States 
Code), or the head of an office of the legislative branch. 
SEC. 737. (a)(1) Notwithstanding any other provision 
of law, and except as otherwise provided in this section, 
no part of any of the funds appropriated for fiscal year 
2017, by this or any other Act, may be used to pay any 
prevailing 
rate 
employee 
described 
in 
section 
5342(a)(2)(A) of title 5, United States Code— 
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(A) during the period from the date of expira-
tion of the limitation imposed by the comparable sec-
tion for the previous fiscal years until the normal ef-
fective date of the applicable wage survey adjust-
ment that is to take effect in fiscal year 2017, in an 
amount that exceeds the rate payable for the appli-
cable grade and step of the applicable wage schedule 
in accordance with such section; and 
(B) during the period consisting of the remain-
der of fiscal year 2017, in an amount that exceeds, 
as a result of a wage survey adjustment, the rate 
payable under subparagraph (A) by more than the 
sum of— 
(i) the percentage adjustment taking effect 
in fiscal year 2017 under section 5303 of title 
5, United States Code, in the rates of pay 
under the General Schedule; and 
(ii) the difference between the overall aver-
age percentage of the locality-based com-
parability payments taking effect in fiscal year 
2017 under section 5304 of such title (whether 
by adjustment or otherwise), and the overall av-
erage percentage of such payments which was 
effective in the previous fiscal year under such 
section. 
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(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) appli-
cable to such employee. 
(3) For the purposes of this subsection, the rates pay-
able to an employee who is covered by this subsection and 
who is paid from a schedule not in existence on September 
30, 2016, shall be determined under regulations pre-
scribed by the Office of Personnel Management. 
(4) Notwithstanding any other provision of law, rates 
of premium pay for employees subject to this subsection 
may not be changed from the rates in effect on September 
30, 2016, except to the extent determined by the Office 
of Personnel Management to be consistent with the pur-
pose of this subsection. 
(5) This subsection shall apply with respect to pay 
for service performed after September 30, 2016. 
(6) For the purpose of administering any provision 
of law (including any rule or regulation that provides pre-
mium pay, retirement, life insurance, or any other em-
ployee benefit) that requires any deduction or contribu-
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tion, 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 sub-
section 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 sub-
section if the Office determines that such exceptions are 
necessary to ensure the recruitment or retention of quali-
fied employees. 
(b) Notwithstanding subsection (a), the adjustment 
in rates of basic pay for the statutory pay systems that 
take place in fiscal year 2017 under sections 5344 and 
5348 of title 5, United States Code, shall be— 
(1) not less than the percentage received by em-
ployees in the same location whose rates of basic pay 
are adjusted pursuant to the statutory pay systems 
under sections 5303 and 5304 of title 5, United 
States Code: Provided, That prevailing rate employ-
ees at locations where there are no employees whose 
pay is increased pursuant to sections 5303 and 5304 
of title 5, United States Code, and prevailing rate 
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employees described in section 5343(a)(5) of title 5, 
United States Code, shall be considered to be located 
in the pay locality designated as ‘‘Rest of United 
States’’ pursuant to section 5304 of title 5, United 
States Code, for purposes of this subsection; and 
(2) effective as of the first day of the first ap-
plicable pay period beginning after September 30, 
2016. 
SEC. 738. (a) The Vice President may not receive a 
pay raise in calendar year 2017, notwithstanding the rate 
adjustment made under section 104 of title 3, United 
States Code, or any other provision of law. 
(b) An employee serving in an Executive Schedule po-
sition, or in a position for which the rate of pay is fixed 
by statute at an Executive Schedule rate, may not receive 
a pay rate increase in calendar year 2017, notwith-
standing 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 po-
sition under a political appointment. 
(c) A chief of mission or ambassador at large may 
not receive a pay rate increase in calendar year 2017, not-
withstanding section 401 of the Foreign Service Act of 
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1980 (Public Law 96–465) or any other provision of law, 
except as provided in subsection (g), (h), or (i). 
(d) Notwithstanding sections 5382 and 5383 of title 
5, United States Code, a pay rate increase may not be 
received in calendar year 2017 (except as provided in sub-
section (g), (h), or (i)) by— 
(1) a noncareer appointee in the Senior Execu-
tive Service paid a rate of basic pay at or above level 
IV of the Executive Schedule; or 
(2) a limited term appointee or limited emer-
gency 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 Execu-
tive 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 po-
litical appointment may not receive a pay rate increase 
in calendar year 2017, notwithstanding any other provi-
sion 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 
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pay system whose position would be classified at GS–15 
or below if chapter 51 of title 5, United States Code, ap-
plied to them. 
(f) Nothing in subsections (b) through (e) shall pre-
vent employees who do not serve under a political appoint-
ment from receiving pay increases as otherwise provided 
under applicable law. 
(g) A career appointee in the Senior Executive Serv-
ice 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 re-
ceives a Presidential appointment to any position in the 
executive branch and who makes an election to retain Sen-
ior Foreign Service pay entitlements under section 302(b) 
of the Foreign Service Act of 1980 (Public Law 96–465) 
is not subject to this section. 
(i) Notwithstanding subsections (b) through (e), an 
employee in a covered position may receive a pay rate in-
crease upon an authorized movement to a different cov-
ered 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 limi-
tations in effect on December 31, 2013. 
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(j) Notwithstanding any other provision of law, for 
an individual who is newly appointed to a covered position 
during the period of time subject to this section, the initial 
pay rate shall be based on the rates of pay and applicable 
pay limitations in effect on December 31, 2013. 
(k) If an employee affected by subsections (b) 
through (e) is subject to a biweekly pay period that begins 
in calendar year 2017 but ends in calendar year 2018, 
the bar on the employee’s receipt of pay rate increases 
shall apply through the end of that pay period. 
SEC. 739. (a) The head of any Executive branch de-
partment, 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 con-
ference held by any such department, agency, board, com-
mission, or office during fiscal year 2017 for which the 
cost to the United States Government was more than 
$100,000. 
(b) Each report submitted shall include, for each con-
ference described in subsection (a) held during the applica-
ble period— 
(1) a description of its purpose; 
(2) the number of participants attending; 
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(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 con-
ference; and 
(4) a description of the contracting procedures 
used including— 
(A) whether contracts were awarded on a 
competitive basis; and 
(B) a discussion of any cost comparison 
conducted by the departmental component or 
office in evaluating potential contractors for the 
conference. 
(c) Within 15 days after the end of a quarter, the 
head of any such department, agency, board, commission, 
or office shall notify the Inspector General or senior ethics 
official for any entity without an Inspector General, of the 
date, location, and number of employees attending a con-
ference held by any Executive branch department, agency, 
board, commission, or office funded by this or any other 
appropriations Act during fiscal year 2017 for which the 
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cost to the United States Government was more than 
$20,000. 
(d) A grant or contract funded by amounts appro-
priated by this or any other appropriations Act may not 
be used for the purpose of defraying the costs of a con-
ference 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 con-
ference activities that are not in compliance with Office 
of Management and Budget Memorandum M–12–12 
dated May 11, 2012 or any subsequent revisions to that 
memorandum. 
SEC. 740. None of the funds made available in this 
or any other appropriations Act may be used to increase, 
eliminate, or reduce funding for a program, project, or ac-
tivity 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 provi-
sions of this or any other appropriations Act. 
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SEC. 741. (a) None of the funds appropriated or oth-
erwise 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 prohib-
iting or otherwise restricting such employees or contrac-
tors from lawfully reporting such waste, fraud, or abuse 
to a designated investigative or law enforcement represent-
ative of a Federal department or agency authorized to re-
ceive such information. 
(b) The limitation in subsection (a) shall not con-
travene requirements applicable to Standard Form 312, 
Form 4414, or any other form issued by a Federal depart-
ment or agency governing the nondisclosure of classified 
information. 
SEC. 742. (a) No funds appropriated in this or any 
other Act may be used to implement or enforce the agree-
ments in Standard Forms 312 and 4414 of the Govern-
ment or any other nondisclosure policy, form, or agree-
ment 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) classi-
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fied 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 spe-
cific danger to public health or safety; or (4) any other 
whistleblower protection. The definitions, requirements, 
obligations, rights, sanctions, and liabilities created by 
controlling Executive orders and statutory provisions are 
incorporated into this agreement and are controlling.’’: 
Provided, That notwithstanding the preceding provision of 
this section, a nondisclosure policy form or agreement that 
is to be executed by a person connected with the conduct 
of an intelligence or intelligence-related activity, other 
than an employee or officer of the United States Govern-
ment, may contain provisions appropriate to the particular 
activity for which such document is to be used. Such form 
or agreement shall, at a minimum, require that the person 
will not disclose any classified information received in the 
course of such activity unless specifically authorized to do 
so by the United States Government. Such nondisclosure 
forms shall also make it clear that they do not bar disclo-
sures to Congress, or to an authorized official of an execu-
tive agency or the Department of Justice, that are essen-
tial to reporting a substantial violation of law. 
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(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 en-
tered into during fiscal year 2014 which does not contain 
substantially similar language to that required in sub-
section (a). 
SEC. 743. None of the funds made available by this 
or any other Act may be used to enter into a contract, 
memorandum of understanding, or cooperative agreement 
with, make a grant to, or provide a loan or loan guarantee 
to, any corporation that has any unpaid Federal tax liabil-
ity that has been assessed, for which all judicial and ad-
ministrative 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 col-
lecting the tax liability, where the awarding agency is 
aware of the unpaid tax liability, unless a Federal agency 
has considered suspension or debarment of the corporation 
and has made a determination that this further action is 
not necessary to protect the interests of the Government. 
SEC. 744. None of the funds made available by this 
or any other Act may be used to enter into a contract, 
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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 convic-
tion, unless a Federal agency has considered suspension 
or debarment of the corporation and has made a deter-
mination that this further action is not necessary to pro-
tect the interests of the Government. 
SEC. 745. None of the funds made available under 
this or any other Act may be used to— 
(a) implement, administer, carry out, modify, revise, 
or enforce Executive Order No. 13690, entitled ‘‘Estab-
lishing a Federal Flood Risk Management Standard and 
a Process for Further Soliciting and Considering Stake-
holder Input’’ (issued January 30, 2015), until such time 
as each affected agency–— 
(1) publically releases and submits to the ap-
propriate Congressional committees an implementa-
tion plan that identifies all specific agency respon-
sibilities and program changes, including an assess-
ment of the near term and long term costs and ben-
efits of the responsibilities and changes identified in 
such plan and 
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(2) seeks public comment on any regulation, 
policy, or guidance to implement Executive Order 
No. 13690 for not less than 180 days and holds at 
least one public hearing; or 
(b) implement Executive Order No. 13690 in a man-
ner that modifies the non-grant components of the Na-
tional Flood Insurance Program under the National Flood 
Insurance Act of 1968 (42 U.S.C. 4011 et seq.); or 
(c) apply Executive Order No. 13690 or the Federal 
Flood Risk Management Standard by any component of 
the Department of Defense, including the Army Corps of 
Engineers in a way that changes the ‘‘floodplain’’ consid-
ered when determining whether or not to issue a permit 
under section 404 of the Federal Water Pollution Control 
Act (33 U.S.C. 1344) or section 10 of the Act of March 
3, 1899 (chapter 425, 30 Stat. 1151; 33 U.S.C. 403). 
SEC. 746. Except as expressly provided otherwise, 
any reference to ‘‘this Act’’ contained in any title other 
than title IV or VIII shall not apply to such title IV or 
VIII. 
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TITLE VIII 
GENERAL PROVISIONS—DISTRICT OF 
COLUMBIA 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 801. There are appropriated from the applicable 
funds of the District of Columbia such sums as may be 
necessary for making refunds and for the payment of legal 
settlements or judgments that have been entered against 
the District of Columbia government. 
SEC. 802. None of the Federal funds provided in this 
Act shall be used for publicity or propaganda purposes or 
implementation of any policy including boycott designed 
to support or defeat legislation pending before Congress 
or any State legislature. 
SEC. 803. (a) None of the Federal funds provided 
under this Act to the agencies funded by this Act, both 
Federal and District government agencies, that remain 
available for obligation or expenditure in fiscal year 2017, 
or provided from any accounts in the Treasury of the 
United States derived by the collection of fees available 
to the agencies funded by this Act, shall be available for 
obligation or expenditures for an agency through a re-
programming of funds which— 
(1) creates new programs; 
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(2) eliminates a program, project, or responsi-
bility center; 
(3) establishes or changes allocations specifi-
cally 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 pre-
viously 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, which-
ever is less; or 
(7) increases by 20 percent or more personnel 
assigned to a specific program, project or responsi-
bility 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 author-
ized to approve and execute reprogramming and transfer 
requests of local funds under this title through November 
7, 2017. 
SEC. 804. None of the Federal funds provided in this 
Act may be used by the District of Columbia to provide 
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for salaries, expenses, or other costs associated with the 
offices of United States Senator or United States Rep-
resentative under section 4(d) of the District of Columbia 
Statehood Constitutional Convention Initiatives of 1979 
(D.C. Law 3–171; D.C. Official Code, sec. 1–123). 
SEC. 805. Except as otherwise provided in this sec-
tion, none of the funds made available by this Act or by 
any other Act may be used to provide any officer or em-
ployee of the District of Columbia with an official vehicle 
unless the officer or employee uses the vehicle only in the 
performance of the officer’s or employee’s official duties. 
For purposes of this section, the term ‘‘official duties’’ 
does not include travel between the officer’s or employee’s 
residence and workplace, except in the case of— 
(1) an officer or employee of the Metropolitan 
Police Department who resides in the District of Co-
lumbia or is otherwise designated by the Chief of the 
Department; 
(2) at the discretion of the Fire Chief, an offi-
cer or employee of the District of Columbia Fire and 
Emergency Medical Services Department who re-
sides in the District of Columbia and is on call 24 
hours a day; 
(3) at the discretion of the Director of the De-
partment of Corrections, an officer or employee of 
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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 Ex-
aminer, 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 Se-
curity and Emergency Management Agency who re-
sides in the District of Columbia and is on call 24 
hours a day; 
(6) the Mayor of the District of Columbia; and 
(7) the Chairman of the Council of the District 
of Columbia. 
SEC. 806. (a) None of the Federal funds contained 
in this Act may be used by the District of Columbia Attor-
ney 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 Co-
lumbia. 
(b) Nothing in this section bars the District of Co-
lumbia Attorney General from reviewing or commenting 
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on briefs in private lawsuits, or from consulting with offi-
cials of the District government regarding such lawsuits. 
SEC. 807. None of the Federal funds contained in 
this Act may be used for any program of distributing ster-
ile needles or syringes for the hypodermic injection of any 
illegal drug. 
SEC. 808. Nothing in this Act may be construed to 
prevent the Council or Mayor of the District of Columbia 
from addressing the issue of the provision of contraceptive 
coverage by health insurance plans, but it is the intent 
of Congress that any legislation enacted on such issue 
should include a ‘‘conscience clause’’ which provides excep-
tions for religious beliefs and moral convictions. 
SEC. 809. (a) None of the Federal funds contained 
in this Act may be used to enact or carry out any law, 
rule, or regulation to legalize or otherwise reduce penalties 
associated with the possession, use, or distribution of any 
schedule I substance under the Controlled Substances Act 
(21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de-
rivative. 
(b) No funds available for obligation or expenditure 
by any officer or employee of the District of Columbia gov-
ernment may be used to enact any law, rule, or regulation 
to legalize or otherwise reduce penalties associated with 
the possession, use, or distribution of any schedule I sub-
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stance under the Controlled Substances Act (21 U.S.C. 
801 et seq.) or any tetrahydrocannabinols derivative for 
recreational purposes. 
SEC. 810. No funds available for obligation or ex-
penditure by any officer or employee of the District of Co-
lumbia government shall be expended for any abortion ex-
cept where the life of the mother would be endangered if 
the fetus were carried to term or where the pregnancy is 
the result of an act of rape or incest. 
SEC. 811. (a) No later than 30 calendar days after 
the date of the enactment of this Act, the Chief Financial 
Officer for the District of Columbia shall submit to the 
appropriate committees of Congress, the Mayor, and the 
Council of the District of Columbia, a revised appropriated 
funds operating budget in the format of the budget that 
the District of Columbia government submitted pursuant 
to section 442 of the District of Columbia Home Rule Act 
(D.C. Official Code, sec. 1–204.42), for all agencies of the 
District of Columbia government for fiscal year 2017 that 
is in the total amount of the approved appropriation and 
that realigns all budgeted data for personal services and 
other-than-personal services, respectively, with anticipated 
actual expenditures. 
(b) This section shall apply only to an agency for 
which the Chief Financial Officer for the District of Co-
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lumbia certifies that a reallocation is required to address 
unanticipated changes in program requirements. 
SEC. 812. No later than 30 calendar days after the 
date of the enactment of this Act, the Chief Financial Offi-
cer for the District of Columbia shall submit to the appro-
priate 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 for-
mat of the budget that the District of Columbia govern-
ment submitted pursuant to section 442 of the District 
of Columbia Home Rule Act (D.C. Official Code, sec. 1– 
204.42). 
SEC. 813. (a) Amounts appropriated in this Act as 
operating funds may be transferred to the District of Co-
lumbia’s enterprise and capital funds and such amounts, 
once transferred, shall retain appropriation authority con-
sistent with the provisions of this Act. 
(b) The District of Columbia government is author-
ized 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 repro-
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grammed, shall retain appropriation authority consistent 
with the provisions of this Act. 
(c) The District of Columbia government may not 
transfer or reprogram for operating expenses any funds 
derived from bonds, notes, or other obligations issued for 
capital projects. 
SEC. 814. None of the Federal funds appropriated 
in this Act shall remain available for obligation beyond 
the current fiscal year, nor may any be transferred to 
other appropriations, unless expressly so provided herein. 
SEC. 815. Except as otherwise specifically provided 
by law or under this Act, not to exceed 50 percent of unob-
ligated balances remaining available at the end of fiscal 
year 2017 from appropriations of Federal funds made 
available for salaries and expenses for fiscal year 2017 in 
this Act, shall remain available through September 30, 
2018, for each such account for the purposes authorized: 
Provided, That a request shall be submitted to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate for approval prior to the expenditure of 
such funds: Provided further, That these requests shall be 
made in compliance with reprogramming guidelines out-
lined in section 803 of this Act. 
SEC. 816. (a)(1) During fiscal year 2018, during a 
period in which neither a District of Columbia continuing 
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resolution or a regular District of Columbia appropriation 
bill is in effect, local funds are appropriated in the amount 
provided for any project or activity for which local funds 
are provided in the Act referred to in paragraph (2) (sub-
ject to any modifications enacted by the District of Colum-
bia as of the beginning of the period during which this 
subsection is in effect) at the rate set forth by such Act. 
(2) The Act referred to in this paragraph is the Act 
of the Council of the District of Columbia pursuant to 
which a proposed budget is approved for fiscal year 2018 
which (subject to the requirements of the District of Co-
lumbia Home Rule Act) will constitute the local portion 
of the annual budget for the District of Columbia govern-
ment for fiscal year 2018 for purposes of section 446 of 
the District of Columbia Home Rule Act (sec. 1–204.46, 
D.C. Official Code). 
(b) Appropriations made by subsection (a) shall cease 
to be available— 
(1) during any period in which a District of Co-
lumbia continuing resolution for fiscal year 2018 is 
in effect; or 
(2) upon the enactment into law of the regular 
District of Columbia appropriation bill for fiscal year 
2018. 
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is hereby repealed, and any provision of law amended or 
repealed by such Act shall be restored or revived as if such 
Act had not been enacted into law. 
(b)(1) Section 450 of the District of Columbia Home 
Rule Act (sec. 1–204.50, D.C. Official Code) is amend-
ed— 
(A) in the first sentence, by striking ‘‘The 
General Fund’’ and inserting ‘‘(a) IN GEN-
ERAL.—The General Fund’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) APPLICATION
OF FEDERAL APPROPRIATIONS 
PROCESS.—Nothing in this Act shall be construed as cre-
ating a continuing appropriation of the General Fund de-
scribed in subsection (a). All funds provided for the Dis-
trict of Columbia shall be appropriated on an annual fiscal 
year basis through the Federal appropriations process. 
For each fiscal year, the District shall be subject to all 
applicable requirements of subchapter III of chapter 13 
and subchapter II of chapter 15 of title 31, United States 
Code (commonly known as the ‘Anti-Deficiency Act’), the 
Budget and Accounting Act of 1921, and all other require-
ments and restrictions applicable to appropriations for 
such fiscal year.’’. 
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(2) Section 603(a) of such Act (sec. 1–206.03(a), 
D.C. Official Code) is amended— 
(A) by striking ‘‘existing’’; and 
(B) by striking the period at the end and in-
serting the following: ‘‘, or as authorizing the Dis-
trict of Columbia to make any such change.’’. 
(3) The amendments made by this subsection shall 
take effect as if included in the enactment of the District 
of Columbia Home Rule Act. 
SEC. 818. Except as expressly provided otherwise, 
any reference to ‘‘this Act’’ contained in this title or in 
title IV shall be treated as referring only to the provisions 
of this title or of title IV. 
TITLE IX 
SOAR REAUTHORIZATION ACT 
SEC. 901. SHORT TITLE; REFERENCES IN TITLE. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Scholarships for Opportunity and Results Reauthoriza-
tion Act’’ or the ‘‘SOAR Reauthorization Act’’. 
(b) REFERENCES IN TITLE.—Except as otherwise ex-
pressly provided, whenever in this title an amendment is 
expressed in terms of an amendment to or repeal of a sec-
tion or other provision, the reference shall be considered 
to be made to that section or other provision of the Schol-
arships for Opportunity and Results Act (division C of 
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Public Law 112–10; sec. 38–1853.01 et seq., D.C. Official 
Code). 
SEC. 902. REPEAL. 
Section 817 of the Consolidated Appropriations Act, 
2016 (Public Law 114–113) is repealed, and any provision 
of law amended or repealed by such section is restored 
or revived as if such section had not been enacted into 
law. 
SEC. 903. PURPOSES. 
Section 3003 (sec. 38–1853.03, D.C. Official Code) 
is amended by striking ‘‘particularly parents’’ and all that 
follows through ‘‘, with’’ and inserting ‘‘particularly par-
ents of students who attend an elementary school or sec-
ondary school identified as one of the lowest-performing 
schools under the District of Columbia’s accountability 
system, with’’. 
SEC. 904. PROHIBITING IMPOSITION OF LIMITS ON TYPES 
OF ELIGIBLE STUDENTS PARTICIPATING IN 
THE PROGRAM. 
Section 3004(a) (sec. 38–1853.04(a), D.C. Official 
Code) is amended by adding at the end the following: 
‘‘(3) PROHIBITING IMPOSITION OF LIMITS ON 
ELIGIBLE STUDENTS PARTICIPATING IN THE PRO-
GRAM.— 
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‘‘(A) IN GENERAL.—In carrying out the 
program under this division, the Secretary may 
not limit the number of eligible students receiv-
ing scholarships under section 3007(a), and 
may not prevent otherwise eligible students 
from participating in the program under this 
division, based on any of the following: 
‘‘(i) The type of school the student 
previously attended. 
‘‘(ii) Whether or not the student pre-
viously received a scholarship or partici-
pated in the program, including whether 
an eligible student was awarded a scholar-
ship in any previous year but has not used 
the scholarship, regardless of the number 
of years of nonuse. 
‘‘(iii) Whether or not the student was 
a member of the control group used by the 
Institute of Education Sciences to carry 
out previous evaluations of the program 
under section 3009. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in subparagraph (A) may be construed to waive 
the requirement under section 3005(b)(1)(B) 
that the eligible entity carrying out the program 
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under this Act must carry out a random selec-
tion process, which gives weight to the priorities 
described in section 3006, if more eligible stu-
dents seek admission in the program than the 
program can accommodate.’’. 
SEC. 905. REQUIRING ELIGIBLE ENTITIES TO UTILIZE IN-
TERNAL FISCAL AND QUALITY CONTROLS. 
Section 3005(b)(1) (sec. 38–1853.05(b)(1), D.C. Of-
ficial Code) is amended— 
(1) in subparagraph (I), by striking ‘‘, except 
that a participating school may not be required to 
submit to more than 1 site visit per school year’’; 
(2) by redesignating subparagraphs (K) and 
(L) as subparagraphs (L) and (M), respectively; 
(3) by inserting after subparagraph (J) the fol-
lowing: 
‘‘(K) how the entity will ensure the finan-
cial viability of participating schools in which 
85 percent or more of the total number of stu-
dents enrolled at the school are participating el-
igible students that receive and use an oppor-
tunity scholarship;’’; 
(4) in subparagraph (L), as redesignated by 
paragraph (2), by striking ‘‘and’’ at the end; and 
(5) by adding at the end the following: 
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‘‘(N) how the eligible entity will ensure 
that it— 
‘‘(i) utilizes internal fiscal and quality 
controls; and 
‘‘(ii) complies with applicable financial 
reporting requirements and the require-
ments of this division; and’’. 
SEC. 906. CLARIFICATION OF PRIORITIES FOR AWARDING 
SCHOLARSHIPS TO ELIGIBLE STUDENTS. 
Section 3006(1) (sec. 38–1853.06(1), D.C. Official 
Code) is amended— 
(1) in subparagraph (A), by striking ‘‘attended’’ 
and all that follows through the semicolon and in-
serting ‘‘attended an elementary school or secondary 
school identified as one of the lowest-performing 
schools under the District of Columbia’s account-
ability system; and’’; 
(2) by striking subparagraph (B); 
(3) by redesignating subparagraph (C) as sub-
paragraph (B); and 
(4) in subparagraph (B), as redesignated by 
paragraph (3), by striking the semicolon at the end 
and inserting ‘‘or whether such students have, in the 
past, attended a private school;’’. 
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SEC. 907. MODIFICATION OF REQUIREMENTS FOR PARTICI-
PATING SCHOOLS AND ELIGIBLE ENTITIES. 
(a) CRIMINAL BACKGROUND CHECKS; COMPLIANCE 
WITH REPORTING REQUIREMENTS.—Section 3007(a)(4) 
(sec. 38–1853.07(a)(4), D.C. Official Code) is amended— 
(1) in subparagraph (E), by striking ‘‘and’’ at 
the end; 
(2) by striking subparagraph (F) and inserting 
the following: 
‘‘(F) ensures that, with respect to core 
subject matter, participating students are 
taught by a teacher who has a baccalaureate 
degree or equivalent degree, whether such de-
gree was awarded in or outside of the United 
States;’’; and 
(3) by adding at the end the following: 
‘‘(G) conducts criminal background checks 
on school employees who have direct and unsu-
pervised interaction with students; and 
‘‘(H) complies with all requests for data 
and information regarding the reporting re-
quirements described in section 3010.’’. 
(b) ACCREDITATION.—Section 3007(a) (sec. 38– 
1853.07(a), D.C. Official Code), as amended by subsection 
(a), is further amended— 
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(1) in paragraph (1), by striking ‘‘paragraphs 
(2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and 
(5)’’; and 
(2) by adding at the end the following: 
‘‘(5) ACCREDITATION REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—None of the funds 
provided under this division for opportunity 
scholarships may be used by a participating eli-
gible student to enroll in a participating private 
school unless the school— 
‘‘(i) in the case of a school that is a 
participating school as of the date of en-
actment of the SOAR Reauthorization 
Act— 
‘‘(I) is fully accredited by an ac-
crediting body described in any of 
subparagraphs (A) through (G) of 
section 2202(16) of the District of 
Columbia School Reform Act of 1995 
(Public 
Law 
104–134; 
sec. 
38– 
1802.02(16)(A)–(G), 
D.C. 
Official 
Code); or 
‘‘(II) if such participating school 
does not meet the requirements of 
subclause (I)— 
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‘‘(aa) not later than 1 year 
after the date of enactment of 
the Consolidated Appropriations 
Act, 2016 (Public Law 114– 
113), the school is pursuing full 
accreditation by an accrediting 
body described in subclause (I); 
and 
‘‘(bb) is fully accredited by 
such an accrediting body not 
later than 5 years after the date 
on which that school began the 
process of pursuing full accredi-
tation in accordance with item 
(aa); and 
‘‘(ii) in the case of a school that is not 
a participating school as of the date of en-
actment of the SOAR Reauthorization Act, 
is fully accredited by an accrediting body 
described in clause (i)(I) before becoming a 
participating school under this division. 
‘‘(B) REPORTS TO ELIGIBLE ENTITY.—Not 
later than 5 years after the date of enactment 
of the SOAR Reauthorization Act, each partici-
pating school shall submit to the eligible entity 
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a certification that the school has been fully ac-
credited in accordance with subparagraph (A). 
‘‘(C) ASSISTING STUDENTS IN ENROLLING 
IN OTHER SCHOOLS.—If a participating school 
fails to meet the requirements of this para-
graph, the eligible entity shall assist the parents 
of the participating eligible students who attend 
the school in identifying, applying to, and en-
rolling in another participating school under 
this division. 
‘‘(6) TREATMENT OF STUDENTS AWARDED A 
SCHOLARSHIP IN A PREVIOUS YEAR.—An eligible en-
tity shall treat a participating eligible student who 
was awarded an opportunity scholarship in any pre-
vious year and who has not used the scholarship as 
a renewal student and not as a new applicant, with-
out regard as to— 
‘‘(A) whether the eligible student has used 
the scholarship; and 
‘‘(B) the year in which the scholarship was 
previously awarded.’’. 
(c) REQUIRING USE OF FUNDS REMAINING UNOBLI-
GATED FROM PREVIOUS FISCAL YEARS.— 
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(1) IN
GENERAL.—Section 3007 (sec. 38– 
1853.07, D.C. Official Code) is amended by adding 
at the end the following: 
‘‘(e) REQUIRING USE OF FUNDS REMAINING UNOB-
LIGATED FROM PREVIOUS FISCAL YEARS.— 
‘‘(1) IN
GENERAL.—To the extent that any 
funds appropriated for the opportunity scholarship 
program under this division for any fiscal year re-
main available for subsequent fiscal years under sec-
tion 3014(c), the Secretary shall make such funds 
available to eligible entities receiving grants under 
section 3004(a) for the uses described in paragraph 
(2)— 
‘‘(A) in the case of any remaining funds 
that were appropriated before the date of enact-
ment of the SOAR Reauthorization Act, begin-
ning on the date of enactment of such Act; and 
‘‘(B) in the case of any remaining funds 
appropriated on or after the date of enactment 
of such Act, by the first day of the first subse-
quent fiscal year. 
‘‘(2) USE OF FUNDS.—If an eligible entity to 
which the Secretary provided additional funds under 
paragraph (1) elects to use such funds during a fis-
cal year, the eligible entity shall use— 
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‘‘(A) not less than 95 percent of such addi-
tional funds to provide additional scholarships 
for eligible students under section 3007(a), or 
to increase the amount of the scholarships, dur-
ing such year; and 
‘‘(B) not more than a total of 5 percent of 
such additional funds for administrative ex-
penses, parental assistance, or tutoring, as de-
scribed in subsections (b) and (c), during such 
year. 
‘‘(3) SPECIAL RULE.—Any amounts made avail-
able for administrative expenses, parental assistance, 
or tutoring under paragraph (2)(B) shall be in addi-
tion to any other amounts made available for such 
purposes in accordance with subsections (b) and 
(c).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of en-
actment of this title. 
(d) USE OF FUNDS FOR ADMINISTRATIVE EXPENSES 
AND PARENTAL ASSISTANCE.—Section 3007 (sec. 38– 
1853.07, D.C. Official Code), as amended by this section, 
is further amended— 
(1) by striking subsections (b) and (c) and in-
serting the following: 
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‘‘(b) ADMINISTRATIVE EXPENSES
AND PARENTAL 
ASSISTANCE.—The Secretary shall make $2,000,000 of 
the amount made available under section 3014(a)(1) for 
each fiscal year available to eligible entities receiving a 
grant under section 3004(a) to cover the following ex-
penses: 
‘‘(1) The administrative expenses of carrying 
out its program under this division during the year, 
including— 
‘‘(A) determining the eligibility of students 
to participate; 
‘‘(B) selecting the eligible students to re-
ceive scholarships; 
‘‘(C) determining the amount of the schol-
arships and issuing the scholarships to eligible 
students; 
‘‘(D) compiling and maintaining financial 
and programmatic records; 
‘‘(E) conducting site visits as described in 
section 3005(b)(1)(I); and 
‘‘(F)(i) conducting a study, including a 
survey of participating parents, on any barriers 
for participating eligible students in gaining ad-
mission to, or attending, the participating 
school that is their first choice; and 
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‘‘(ii) not later than the end of the first full 
fiscal year after the date of enactment of the 
SOAR Reauthorization Act, submitting a report 
to Congress that contains the results of such 
study. 
‘‘(2) The expenses of educating parents about 
the eligible entity’s program under this division, and 
assisting parents through the application process 
under this division, including— 
‘‘(A) providing information about the pro-
gram and the participating schools to parents 
of eligible students, including information on 
supplemental financial aid that may be available 
at participating schools; 
‘‘(B) providing funds to assist parents of 
students in meeting expenses that might other-
wise preclude the participation of eligible stu-
dents in the program; and 
‘‘(C) streamlining the application process 
for parents.’’; and 
(2) by redesignating subsection (d), and sub-
section (e) (as added by subsection (c)(1)), as sub-
sections (c) and (d), respectively. 
(e) CLARIFICATION OF USE OF FUNDS FOR STU-
DENT ACADEMIC ASSISTANCE.—Section 3007(c) (sec. 38– 
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1853.07(c), D.C. Official Code), as redesignated by sub-
section (d)(2), is amended by striking ‘‘previously at-
tended’’ and all that follows through the period at the end 
and inserting ‘‘previously attended an elementary school 
or secondary school identified as one of the lowest-per-
forming schools under the District of Columbia’s account-
ability system.’’. 
SEC. 908. PROGRAM EVALUATION. 
(a) REVISION OF EVALUATION PROCEDURES AND 
REQUIREMENTS.— 
(1) IN GENERAL.—Section 3009(a) (sec. 38– 
1853.09(a), D.C. Official Code) is amended to read 
as follows: 
‘‘(a) IN GENERAL.— 
‘‘(1) DUTIES
OF
THE
SECRETARY
AND
THE 
MAYOR.—The Secretary and the Mayor of the Dis-
trict of Columbia shall— 
‘‘(A) jointly enter into an agreement with 
the Institute of Education Sciences of the De-
partment of Education to evaluate annually the 
opportunity scholarship program under this di-
vision; 
‘‘(B) jointly enter into an agreement to 
monitor and evaluate the use of funds author-
ized and appropriated for the District of Co-
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lumbia public schools and the District of Co-
lumbia public charter schools under this divi-
sion; and 
‘‘(C) make the evaluations described in 
subparagraphs (A) and (B) public in accord-
ance with subsection (c). 
‘‘(2) DUTIES OF THE SECRETARY.—The Sec-
retary, through a grant, contract, or cooperative 
agreement, shall— 
‘‘(A) ensure that the evaluation under 
paragraph (1)(A)— 
‘‘(i) is conducted using an acceptable 
quasi-experimental research design for de-
termining the effectiveness of the oppor-
tunity scholarship program under this divi-
sion that does not use a control study 
group consisting of students who applied 
for but did not receive opportunity scholar-
ships; and 
‘‘(ii) addresses the issues described in 
paragraph (4); and 
‘‘(B) disseminate information on the im-
pact of the program— 
‘‘(i) in increasing academic achieve-
ment and educational attainment of par-
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ticipating eligible students who use an op-
portunity scholarship; and 
‘‘(ii) on students and schools in the 
District of Columbia. 
‘‘(3) DUTIES
OF
THE
INSTITUTE
OF
EDU-
CATION
SCIENCES.—The Institute of Education 
Sciences of the Department of Education shall— 
‘‘(A) assess participating eligible students 
who use an opportunity scholarship in each of 
grades 3 through 8, as well as one of the grades 
at the high school level, by supervising the ad-
ministration of the same reading and mathe-
matics assessment used by the District of Co-
lumbia public schools to comply with section 
1111(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)); 
‘‘(B) measure the academic achievement of 
all participating eligible students who use an 
opportunity scholarship in the grades described 
in subparagraph (A); and 
‘‘(C) work with eligible entities receiving a 
grant under this division to ensure that the par-
ents of each student who is a participating eli-
gible student that uses an opportunity scholar-
ship agrees to permit their child to participate 
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in the evaluations and assessments carried out 
by the Institute of Education Sciences under 
this subsection. 
‘‘(4) ISSUES TO BE EVALUATED.—The issues to 
be evaluated under paragraph (1)(A) shall include 
the following: 
‘‘(A) A comparison of the academic 
achievement of participating eligible students 
who use an opportunity scholarship on the 
measurements described in paragraph (3)(B) to 
the academic achievement of a comparison 
group of students with similar backgrounds in 
the District of Columbia public schools. 
‘‘(B) The success of the program under 
this division in expanding choice options for 
parents of participating eligible students and 
increasing the satisfaction of such parents and 
students with their choice. 
‘‘(C) The reasons parents of participating 
eligible students choose for their children to 
participate in the program, including important 
characteristics for selecting schools. 
‘‘(D) A comparison of the retention rates, 
high school graduation rates, college enrollment 
rates, college persistence rates, and college 
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graduation rates of participating eligible stu-
dents who use an opportunity scholarship with 
the rates of students in the comparison group 
described in subparagraph (A). 
‘‘(E) A comparison of the college enroll-
ment rates, college persistence rates, and col-
lege graduation rates of students who partici-
pated in the program in 2004, 2005, 2011, 
2012, 2013, 2014, and 2015 as the result of 
winning the Opportunity Scholarship Program 
lottery with such enrollment, persistence, and 
graduation rates for students who entered but 
did not win such lottery in those years and who, 
as a result, served as the control group for pre-
vious evaluations of the program under this di-
vision. Nothing in this subparagraph may be 
construed to waive section 3004(a)(3)(A)(iii) 
with respect to any such student. 
‘‘(F) A comparison of the safety of the 
schools attended by participating eligible stu-
dents who use an opportunity scholarship and 
the schools in the District of Columbia attended 
by students in the comparison group described 
in subparagraph (A), based on the perceptions 
of the students and parents. 
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‘‘(G) An assessment of student academic 
achievement at participating schools in which 
85 percent of the total number of students en-
rolled at the school are participating eligible 
students who receive and use an opportunity 
scholarship. 
‘‘(H) Such other issues with respect to 
participating eligible students who use an op-
portunity scholarship as the Secretary considers 
appropriate for inclusion in the evaluation, such 
as the impact of the program on public elemen-
tary schools and secondary schools in the Dis-
trict of Columbia. 
‘‘(5) PROHIBITING DISCLOSURE OF PERSONAL 
INFORMATION.— 
‘‘(A) IN GENERAL.—Any disclosure of per-
sonally identifiable information obtained under 
this division shall be in compliance with section 
444 of the General Education Provisions Act 
(commonly known as the ‘Family Educational 
Rights and Privacy Act of 1974’) (20 U.S.C. 
1232g). 
‘‘(B) STUDENTS NOT ATTENDING PUBLIC 
SCHOOLS.—With respect to any student who is 
not attending a public elementary school or sec-
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ondary school, personally identifiable informa-
tion obtained under this division shall only be 
disclosed to— 
‘‘(i) individuals carrying out the eval-
uation described in paragraph (1)(A) for 
such student; 
‘‘(ii) the group of individuals pro-
viding information for carrying out the 
evaluation of such student; and 
‘‘(iii) the parents of such student.’’. 
(2) TRANSITION OF EVALUATION.— 
(A) TERMINATION OF PREVIOUS EVALUA-
TIONS.—The Secretary of Education shall— 
(i) terminate the evaluations con-
ducted under section 3009(a) of the Schol-
arships for Opportunity and Results Act 
(sec. 38–1853.09(a), D.C. Official Code), 
as in effect on the day before the date of 
enactment of this title, after obtaining 
data for the 2016–2017 school year; and 
(ii) submit any reports required for 
the 2016–2017 school year or preceding 
years with respect to the evaluations in ac-
cordance with section 3009(b) of such Act. 
(B) NEW EVALUATIONS.— 
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(i) IN GENERAL.—Effective beginning 
with respect to the 2017–2018 school year, 
the Secretary shall conduct new evalua-
tions in accordance with the provisions of 
section 3009(a) of the Scholarships for Op-
portunity and Results Act (sec. 38– 
1853.09(a), D.C. Official Code), as amend-
ed by this title. 
(ii) MOST RECENT EVALUATION.—As 
a component of the new evaluations de-
scribed in clause (i), the Secretary shall 
continue to monitor and evaluate the stu-
dents who were evaluated in the most re-
cent evaluation under such section prior to 
the date of enactment of this title, includ-
ing by monitoring and evaluating the test 
scores and other information of such stu-
dents. 
(b) DUTY OF MAYOR TO ENSURE INSTITUTE HAS 
ALL INFORMATION NECESSARY TO CARRY OUT EVALUA-
TIONS.—Section 3011(a)(1) (sec. 38–1853.11(a)(1), D.C. 
Official Code) is amended to read as follows: 
‘‘(1) INFORMATION NECESSARY TO CARRY OUT 
EVALUATIONS.—Ensure that all District of Colum-
bia public schools and District of Columbia public 
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charter schools make available to the Institute of 
Education Sciences of the Department of Education 
all of the information the Institute requires to carry 
out the assessments and perform the evaluations re-
quired under section 3009(a).’’. 
SEC. 909. FUNDING FOR DISTRICT OF COLUMBIA PUBLIC 
SCHOOLS AND PUBLIC CHARTER SCHOOLS. 
(a) MANDATORY WITHHOLDING
OF FUNDS
FOR 
FAILURE
TO
COMPLY
WITH
CONDITIONS.—Section 
3011(b) (sec. 38–1853.11(b), D.C. Official Code) is 
amended to read as follows: 
‘‘(b) ENFORCEMENT.—If, after reasonable notice and 
an opportunity for a hearing, the Secretary determines 
that the Mayor has failed to comply with any of the re-
quirements of subsection (a), the Secretary may withhold 
from the Mayor, in whole or in part— 
‘‘(1) the funds otherwise authorized to be ap-
propriated under section 3014(a)(2), if the failure to 
comply relates to the District of Columbia public 
schools; 
‘‘(2) the funds otherwise authorized to be ap-
propriated under section 3014(a)(3), if the failure to 
comply relates to the District of Columbia public 
charter schools; or 
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‘‘(3) the funds otherwise authorized to be ap-
propriated under both paragraphs (2) and (3) of 
section 3014(a), if the failure relates to both the 
District of Columbia public schools and the District 
of Columbia public charter schools.’’. 
(b) RULES FOR USE OF FUNDS PROVIDED FOR SUP-
PORT
OF PUBLIC CHARTER SCHOOLS.—Section 3011 
(sec. 38–1853.11, D.C. Official Code), as amended by sec-
tion 7(b) and section 8(a), is further amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) SPECIFIC RULES REGARDING FUNDS PROVIDED 
FOR SUPPORT OF PUBLIC CHARTER SCHOOLS.—The fol-
lowing rules shall apply with respect to the funds provided 
under this division for the support of District of Columbia 
public charter schools: 
‘‘(1) The Secretary may direct the funds pro-
vided for any fiscal year, or any portion thereof, to 
the Office of the State Superintendent of Education 
of the District of Columbia. 
‘‘(2) The Office of the State Superintendent of 
Education of the District of Columbia may transfer 
the funds to subgrantees that are— 
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‘‘(A) specific District of Columbia public 
charter schools or networks of such schools; or 
‘‘(B) District of Columbia-based nonprofit 
organizations with experience in successfully 
providing support or assistance to District of 
Columbia public charter schools or networks of 
such schools. 
‘‘(3) The funds provided under this division for 
the support of District of Columbia public charter 
schools shall be available to any District of Columbia 
public charter school in good standing with the Dis-
trict of Columbia Charter School Board, and the Of-
fice of the State Superintendent of Education of the 
District of Columbia and the District of Columbia 
Charter School Board may not restrict the avail-
ability of such funds to certain types of schools on 
the basis of the school’s location, governing body, or 
the school’s facilities.’’. 
SEC. 910. REVISION OF CURRENT MEMORANDUM OF UN-
DERSTANDING. 
Not later than the beginning of the 2017–2018 school 
year, the Secretary of Education and the Mayor of the 
District of Columbia shall revise the memorandum of un-
derstanding which is in effect under section 3012(d) of 
the Scholarships for Opportunity and Results Act as of 
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the day before the date of the enactment of this title to 
address the following: 
(1) The amendments made by this title. 
(2) The need to ensure that participating 
schools under the Scholarships for Opportunity and 
Results Act meet fire code standards and maintain 
certificates of occupancy. 
(3) The need to ensure that District of Colum-
bia public schools and District of Columbia public 
charter schools meet the requirements under such 
Act to comply with all reasonable requests for infor-
mation necessary to carry out the evaluations re-
quired under section 3009(a) of such Act. 
SEC. 911. DEFINITIONS. 
Section 3013 (sec. 38–1853.13, D.C. Official Code) 
is amended— 
(1) by redesignating paragraphs (1) through 
(10) as paragraphs (2) through (11), respectively; 
(2) by inserting before paragraph (2), as redes-
ignated by paragraph (1), the following: 
‘‘(1) CORE SUBJECT MATTER.—The term ‘core 
subject matter’ means— 
‘‘(A) mathematics; 
‘‘(B) science; and 
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‘‘(C) English, reading, or language arts.’’; 
and 
(3) in paragraph (4)(B)(ii), as redesignated by 
paragraph (1), by inserting ‘‘household with a’’ be-
fore ‘‘student’’. 
SEC. 912. EXTENSION OF AUTHORIZATION OF APPROPRIA-
TIONS. 
(a) IN GENERAL.—Section 3014 (sec. 38–1853.14, 
D.C. Official Code) is amended— 
(1) in subsection (a), by striking ‘‘and for each 
of the 4 succeeding fiscal years’’ and inserting ‘‘and 
for each fiscal year through fiscal year 2021’’; and 
(2) by adding at the end the following: 
‘‘(c) AVAILABILITY.—Amounts appropriated under 
subsection (a)(1), including amounts appropriated and 
available under such subsection before the date of enact-
ment of the SOAR Reauthorization Act, shall remain 
available until expended.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a)(2) shall take effect on the date of enact-
ment of this title. 
SEC. 913. EFFECTIVE DATE. 
Except as otherwise provided, the amendments made 
by this title shall apply with respect to school year 2017– 
2018 and each succeeding school year. 
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TITLE X 
SEC SMALL BUSINESS ADVOCATE ACT 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘SEC Small Business 
Advocate Act of 2016’’. 
SEC. 1002. ESTABLISHMENT OF OFFICE OF THE ADVOCATE 
FOR SMALL BUSINESS CAPITAL FORMATION 
AND SMALL BUSINESS CAPITAL FORMATION 
ADVISORY COMMITTEE. 
(a) OFFICE OF THE ADVOCATE FOR SMALL BUSI-
NESS CAPITAL FORMATION.—Section 4 of the Securities 
Exchange Act of 1934 (15 U.S.C. 78d) is amended by 
adding at the end the following: 
‘‘(j) OFFICE OF THE ADVOCATE FOR SMALL BUSI-
NESS CAPITAL FORMATION.— 
‘‘(1) OFFICE
ESTABLISHED.—There is estab-
lished within the Commission the Office of the Advo-
cate for Small Business Capital Formation (here-
after in this subsection referred to as the ‘Office’). 
‘‘(2) ADVOCATE FOR SMALL BUSINESS CAPITAL 
FORMATION.— 
‘‘(A) IN GENERAL.—The head of the Of-
fice shall be the Advocate for Small Business 
Capital Formation, who shall— 
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‘‘(i) report directly to the Commission; 
and 
‘‘(ii) be appointed by the Commission, 
from among individuals having experience 
in advocating for the interests of small 
businesses and encouraging small business 
capital formation. 
‘‘(B) COMPENSATION.—The annual rate of 
pay for the Advocate for Small Business Cap-
ital Formation shall be equal to the highest rate 
of annual pay for other senior executives who 
report directly to the Commission. 
‘‘(C) NO
CURRENT
EMPLOYEE
OF
THE 
COMMISSION.—An individual may not be ap-
pointed as the Advocate for Small Business 
Capital Formation if the individual is currently 
employed by the Commission. 
‘‘(3) STAFF
OF
OFFICE.—The Advocate for 
Small Business Capital Formation, after consulta-
tion with the Commission, may retain or employ 
independent counsel, research staff, and service 
staff, as the Advocate for Small Business Capital 
Formation determines to be necessary to carry out 
the functions of the Office. 
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‘‘(4) FUNCTIONS
OF
THE
ADVOCATE
FOR 
SMALL BUSINESS CAPITAL FORMATION.—The Advo-
cate for Small Business Capital Formation shall— 
‘‘(A) assist small businesses and small 
business investors in resolving significant prob-
lems such businesses and investors may have 
with the Commission or with self-regulatory or-
ganizations; 
‘‘(B) identify areas in which small busi-
nesses and small business investors would ben-
efit from changes in the regulations of the 
Commission or the rules of self-regulatory orga-
nizations; 
‘‘(C) identify problems that small busi-
nesses have with securing access to capital, in-
cluding any unique challenges to minority- 
owned and women-owned small businesses; 
‘‘(D) analyze the potential impact on small 
businesses and small business investors of— 
‘‘(i) proposed regulations of the Com-
mission that are likely to have a significant 
economic impact on small businesses and 
small business capital formation; and 
‘‘(ii) proposed rules that are likely to 
have a significant economic impact on 
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small businesses and small business capital 
formation of self-regulatory organizations 
registered under this title; 
‘‘(E) conduct outreach to small businesses 
and small business investors, including through 
regional roundtables, in order to solicit views on 
relevant capital formation issues; 
‘‘(F) to the extent practicable, propose to 
the Commission changes in the regulations or 
orders of the Commission and to Congress any 
legislative, administrative, or personnel changes 
that may be appropriate to mitigate problems 
identified under this paragraph and to promote 
the interests of small businesses and small busi-
ness investors; 
‘‘(G) consult with the Investor Advocate on 
proposed recommendations made under sub-
paragraph (F); and 
‘‘(H) advise the Investor Advocate on 
issues related to small businesses and small 
business investors. 
‘‘(5) ACCESS TO DOCUMENTS.—The Commis-
sion shall ensure that the Advocate for Small Busi-
ness Capital Formation has full access to the docu-
ments and information of the Commission and any 
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self-regulatory organization, as necessary to carry 
out the functions of the Office. 
‘‘(6) ANNUAL REPORT ON ACTIVITIES.— 
‘‘(A) IN
GENERAL.—Not later than De-
cember 31 of each year after 2015, the Advo-
cate for Small Business Capital Formation shall 
submit to the Committee on Banking, Housing, 
and Urban Affairs of the Senate and the Com-
mittee on Financial Services of the House of 
Representatives a report on the activities of the 
Advocate for Small Business Capital Formation 
during the immediately preceding fiscal year. 
‘‘(B) CONTENTS.—Each report required 
under subparagraph (A) shall include— 
‘‘(i) appropriate statistical information 
and full and substantive analysis; 
‘‘(ii) information on steps that the 
Advocate for Small Business Capital For-
mation has taken during the reporting pe-
riod to improve small business services and 
the responsiveness of the Commission and 
self-regulatory organizations to small busi-
ness and small business investor concerns; 
‘‘(iii) a summary of the most serious 
issues encountered by small businesses and 
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small business investors, including any 
unique issues encountered by minority- 
owned and women-owned small businesses 
and their investors, during the reporting 
period; 
‘‘(iv) an inventory of the items sum-
marized under clause (iii) (including items 
summarized under such clause for any 
prior reporting period on which no action 
has been taken or that have not been re-
solved to the satisfaction of the Advocate 
for Small Business Capital Formation as 
of the beginning of the reporting period 
covered by the report) that includes— 
‘‘(I) identification of any action 
taken by the Commission or the self- 
regulatory organization and the result 
of such action; 
‘‘(II) the length of time that each 
item has remained on such inventory; 
and 
‘‘(III) for items on which no ac-
tion has been taken, the reasons for 
inaction, and an identification of any 
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official who is responsible for such ac-
tion; 
‘‘(v) 
recommendations 
for 
such 
changes to the regulations, guidance and 
orders of the Commission and such legisla-
tive actions as may be appropriate to re-
solve problems with the Commission and 
self-regulatory organizations encountered 
by small businesses and small business in-
vestors and to encourage small business 
capital formation; and 
‘‘(vi) any other information, as deter-
mined appropriate by the Advocate for 
Small Business Capital Formation. 
‘‘(C) CONFIDENTIALITY.—No report re-
quired by subparagraph (A) may contain con-
fidential information. 
‘‘(D) INDEPENDENCE.—Each report re-
quired under subparagraph (A) shall be pro-
vided directly to the committees of Congress 
listed in such subparagraph without any prior 
review or comment from the Commission, any 
commissioner, any other officer or employee of 
the Commission, or the Office of Management 
and Budget. 
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‘‘(7) REGULATIONS.—The Commission shall es-
tablish procedures requiring a formal response to all 
recommendations submitted to the Commission by 
the Advocate for Small Business Capital Formation, 
not later than 3 months after the date of such sub-
mission. 
‘‘(8) GOVERNMENT-BUSINESS FORUM ON SMALL 
BUSINESS CAPITAL FORMATION.—The Advocate for 
Small Business Capital Formation shall be respon-
sible for planning, organizing, and executing the an-
nual Government-Business Forum on Small Busi-
ness Capital Formation described in section 503 of 
the Small Business Investment Incentive Act of 
1980 (15 U.S.C. 80c–1). 
‘‘(9) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed as replacing or re-
ducing the responsibilities of the Investor Advocate 
with respect to small business investors.’’. 
(b) SMALL BUSINESS CAPITAL FORMATION ADVI-
SORY COMMITTEE.—Title I of the Securities Exchange 
Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 40. SMALL BUSINESS CAPITAL FORMATION ADVISORY 
COMMITTEE. 
‘‘(a) ESTABLISHMENT AND PURPOSE.— 
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‘‘(1) ESTABLISHMENT.—There is established 
within the Commission the Small Business Capital 
Formation Advisory Committee (hereafter in this 
section referred to as the ‘Committee’). 
‘‘(2) FUNCTIONS.— 
‘‘(A) IN GENERAL.—The Committee shall 
provide the Commission with advice on the 
Commission’s rules, regulations, and policies 
with regard to the Commission’s mission of pro-
tecting investors, maintaining fair, orderly, and 
efficient markets, and facilitating capital forma-
tion, as such rules, regulations, and policies re-
late to— 
‘‘(i) capital raising by emerging, pri-
vately held small businesses (‘emerging 
companies’) and publicly traded companies 
with less than $250,000,000 in public mar-
ket capitalization (‘smaller public compa-
nies’) through securities offerings, includ-
ing private and limited offerings and initial 
and other public offerings; 
‘‘(ii) trading in the securities of 
emerging companies and smaller public 
companies; and 
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‘‘(iii) public reporting and corporate 
governance requirements of emerging com-
panies and smaller public companies. 
‘‘(B) LIMITATION.—The Committee shall 
not provide any advice with respect to any poli-
cies, practices, actions, or decisions concerning 
the Commission’s enforcement program. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The members of the Com-
mittee shall be— 
‘‘(A) the Advocate for Small Business Cap-
ital Formation; 
‘‘(B) not fewer than 10, and not more than 
20, members appointed by the Commission, 
from among individuals— 
‘‘(i) who represent— 
‘‘(I) emerging companies engag-
ing in private and limited securities 
offerings or considering initial public 
offerings (‘IPO’) (including the com-
panies’ officers and directors); 
‘‘(II) the professional advisors of 
such companies (including attorneys, 
accountants, investment bankers, and 
financial advisors); and 
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‘‘(C) a secretary; and 
‘‘(D) an assistant secretary. 
‘‘(2) TERM.—Each member elected under para-
graph (1) shall serve for a term of 3 years in the 
capacity for which the member was elected under 
paragraph (1). 
‘‘(d) MEETINGS.— 
‘‘(1) FREQUENCY
OF
MEETINGS.—The Com-
mittee shall meet— 
‘‘(A) not less frequently than four times 
annually, at the call of the chairman of the 
Committee; and 
‘‘(B) from time to time, at the call of the 
Commission. 
‘‘(2) NOTICE.—The chairman of the Committee 
shall give the members of the Committee written no-
tice of each meeting, not later than 2 weeks before 
the date of the meeting. 
‘‘(e) COMPENSATION
AND TRAVEL EXPENSES.— 
Each member of the Committee who is not a full-time em-
ployee of the United States shall— 
‘‘(1) be entitled to receive compensation at a 
rate not to exceed the daily equivalent of the annual 
rate of basic pay in effect for a position at level V 
of the Executive Schedule under section 5316 of title 
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5, United States Code, for each day during which 
the member is engaged in the actual performance of 
the duties of the Committee; and 
‘‘(2) while away from the home or regular place 
of business of the member in the performance of 
services for the Committee, be allowed travel ex-
penses, including per diem in lieu of subsistence, in 
the same manner as persons employed intermittently 
in the Government service are allowed expenses 
under section 5703 of title 5, United States Code. 
‘‘(f) STAFF.—The Commission shall make available 
to the Committee such staff as the chairman of the Com-
mittee determines are necessary to carry out this section. 
‘‘(g) REVIEW
BY COMMISSION.—The Commission 
shall— 
‘‘(1) review the findings and recommendations 
of the Committee; and 
‘‘(2) each time the Committee submits a finding 
or recommendation to the Commission, promptly 
issue a public statement— 
‘‘(A) assessing the finding or recommenda-
tion of the Committee; and 
‘‘(B) disclosing the action, if any, the Com-
mission intends to take with respect to the find-
ing or recommendation. 
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‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply with respect to the Committee and its activities.’’. 
(c) ANNUAL GOVERNMENT-BUSINESS FORUM
ON 
SMALL BUSINESS CAPITAL FORMATION.—Section 503(a) 
of the Small Business Investment Incentive Act of 1980 
(15 U.S.C. 80c–1(a)) is amended by inserting ‘‘(acting 
through the Office of the Advocate for Small Business 
Capital Formation and in consultation with the Small 
Business Capital Formation Advisory Committee)’’ after 
‘‘Securities and Exchange Commission’’. 
TITLE XI 
FINANCIAL INSTITUTION BANKRUPTCY ACT 
SEC. 1101. SHORT TITLE. 
This title may be cited as the ‘‘Financial Institution 
Bankruptcy Act of 2016’’. 
SEC. 1102. GENERAL PROVISIONS RELATING TO COVERED 
FINANCIAL CORPORATIONS. 
(a) DEFINITION.—Section 101 of title 11, United 
States Code, is amended by inserting the following after 
paragraph (9): 
‘‘(9A) The term ‘covered financial corporation’ 
means any corporation incorporated or organized 
under any Federal or State law, other than a stock-
broker, a commodity broker, or an entity of the kind 
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specified in paragraph (2) or (3) of section 109(b), 
that is— 
‘‘(A) a bank holding company, as defined 
in section 2(a) of the Bank Holding Company 
Act of 1956; or 
‘‘(B) a corporation that exists for the pri-
mary purpose of owning, controlling and financ-
ing its subsidiaries, that has total consolidated 
assets of $50,000,000,000 or greater, and for 
which, in its most recently completed fiscal 
year— 
‘‘(i) annual gross revenues derived by 
the corporation and all of its subsidiaries 
from activities that are financial in nature 
(as defined in section 4(k) of the Bank 
Holding Company Act of 1956) and, if ap-
plicable, from the ownership or control of 
one or more insured depository institu-
tions, represents 85 percent or more of the 
consolidated annual gross revenues of the 
corporation; or 
‘‘(ii) the consolidated assets of the 
corporation and all of its subsidiaries re-
lated to activities that are financial in na-
ture (as defined in section 4(k) of the 
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Bank Holding Company Act of 1956) and, 
if applicable, related to the ownership or 
control of one or more insured depository 
institutions, represents 85 percent or more 
of the consolidated assets of the corpora-
tion.’’. 
(b) APPLICABILITY OF CHAPTERS.—Section 103 of 
title 11, United States Code, is amended by adding at the 
end the following: 
‘‘(l) Subchapter V of chapter 11 of this title applies 
only in a case under chapter 11 concerning a covered fi-
nancial corporation.’’. 
(c) WHO MAY BE A DEBTOR.—Section 109 of title 
11, United States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (3)(B), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(4) a covered financial corporation.’’; and 
(2) in subsection (d)— 
(A) by striking ‘‘and’’ before ‘‘an unin-
sured State member bank’’; 
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(B) by striking ‘‘or’’ before ‘‘a corpora-
tion’’; and 
(C) by inserting ‘‘, or a covered financial 
corporation’’ after ‘‘Federal Deposit Insurance 
Corporation Improvement Act of 1991’’. 
(d) CONVERSION TO CHAPTER 7.—Section 1112 of 
title 11, United States Code, is amended by adding at the 
end the following: 
‘‘(g) Notwithstanding section 109(b), the court may 
convert a case under subchapter V to a case under chapter 
7 if— 
‘‘(1) a transfer approved under section 1185 
has been consummated; 
‘‘(2) the court has ordered the appointment of 
a special trustee under section 1186; and 
‘‘(3) the court finds, after notice and a hearing, 
that conversion is in the best interest of the credi-
tors and the estate.’’. 
(e)(1) Section 726(a)(1) of title 11, United States 
Code, is amended by inserting after ‘‘first,’’ the following: 
‘‘in payment of any unpaid fees, costs, and expenses of 
a special trustee appointed under section 1186, and then’’. 
(2) Section 1129(a) of title 11, United States Code, 
is amended by inserting after paragraph (16) the fol-
lowing: 
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‘‘(17) In a case under subchapter V, all payable 
fees, costs, and expenses of the special trustee have 
been paid or the plan provides for the payment of 
all such fees, costs, and expenses on the effective 
date of the plan. 
‘‘(18) In a case under subchapter V, confirma-
tion of the plan is not likely to cause serious adverse 
effects on financial stability in the United States.’’. 
(f) Section 322(b)(2) of title 11, United States Code, 
is amended by striking ‘‘The’’ and inserting ‘‘In cases 
under subchapter V, the United States trustee shall rec-
ommend to the court, and in all other cases, the’’. 
SEC. 1103. LIQUIDATION, REORGANIZATION, OR RECAPI-
TALIZATION OF A COVERED FINANCIAL COR-
PORATION. 
(a) IN GENERAL.—Chapter 11 of title 11, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER V—LIQUIDATION, REORGANIZA-
TION, OR RECAPITALIZATION OF A COV-
ERED FINANCIAL CORPORATION 
‘‘§ 1181. Inapplicability of other sections 
‘‘Sections 303 and 321(c) do not apply in a case 
under this subchapter concerning a covered financial cor-
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poration. Section 365 does not apply to a transfer under 
section 1185, 1187, or 1188. 
‘‘§ 1182. Definitions for this subchapter 
‘‘In this subchapter, the following definitions shall 
apply: 
‘‘(1) The term ‘Board’ means the Board of 
Governors of the Federal Reserve System. 
‘‘(2) The term ‘bridge company’ means a newly 
formed corporation to which property of the estate 
may be transferred under section 1185(a) and the 
equity securities of which may be transferred to a 
special trustee under section 1186(a). 
‘‘(3) The term ‘capital structure debt’ means all 
unsecured debt of the debtor for borrowed money for 
which the debtor is the primary obligor, other than 
a qualified financial contract and other than debt se-
cured by a lien on property of the estate that is to 
be transferred to a bridge company pursuant to an 
order of the court under section 1185(a). 
‘‘(4) The term ‘contractual right’ means a con-
tractual right of a kind defined in section 555, 556, 
559, 560, or 561. 
‘‘(5) The term ‘qualified financial contract’ 
means any contract of a kind defined in paragraph 
(25), (38A), (47), or (53B) of section 101, section 
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741(7), or paragraph (4), (5), (11), or (13) of sec-
tion 761. 
‘‘(6) The term ‘special trustee’ means the trust-
ee of a trust formed under section 1186(a)(1). 
‘‘§ 1183. Commencement of a case concerning a cov-
ered financial corporation 
‘‘(a) A case under this subchapter concerning a cov-
ered financial corporation may be commenced by the filing 
of a petition with the court by the debtor under section 
301 only if the debtor states to the best of its knowledge 
under penalty of perjury in the petition that it is a covered 
financial corporation. 
‘‘(b) The commencement of a case under subsection 
(a) constitutes an order for relief under this subchapter. 
‘‘(c) The members of the board of directors (or body 
performing similar functions) of a covered financial com-
pany shall have no liability to shareholders, creditors, or 
other parties in interest for a good faith filing of a petition 
to commence a case under this subchapter, or for any rea-
sonable action taken in good faith in contemplation of or 
in connection with such a petition or a transfer under sec-
tion 1185 or section 1186, whether prior to or after com-
mencement of the case. 
‘‘(d) Counsel to the debtor shall provide, to the great-
est extent practicable without disclosing the identity of the 
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potential debtor, sufficient confidential notice to the chief 
judge of the court of appeals for the circuit embracing the 
district in which such counsel intends to file a petition to 
commence a case under this subchapter regarding the po-
tential commencement of such case. The chief judge of 
such court shall randomly assign to preside over such case 
a bankruptcy judge selected from among the bankruptcy 
judges designated by the Chief Justice of the United 
States under section 298 of title 28. 
‘‘§ 1184. Regulators 
‘‘The Board, the Securities Exchange Commission, 
the Office of the Comptroller of the Currency of the De-
partment of the Treasury, the Commodity Futures Trad-
ing Commission, and the Federal Deposit Insurance Cor-
poration may raise and may appear and be heard on any 
issue in any case or proceeding under this subchapter. 
‘‘§ 1185. Special transfer of property of the estate 
‘‘(a) On request of the trustee, and after notice and 
a hearing that shall occur not less than 24 hours after 
the order for relief, the court may order a transfer under 
this section of property of the estate, and the assignment 
of executory contracts, unexpired leases, and qualified fi-
nancial contracts of the debtor, to a bridge company. 
Upon the entry of an order approving such transfer, any 
property transferred, and any executory contracts, unex-
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pired leases, and qualified financial contracts assigned 
under such order shall no longer be property of the estate. 
Except as provided under this section, the provisions of 
section 363 shall apply to a transfer and assignment under 
this section. 
‘‘(b) Unless the court orders otherwise, notice of a 
request for an order under subsection (a) shall consist of 
electronic or telephonic notice of not less than 24 hours 
to— 
‘‘(1) the debtor; 
‘‘(2) the holders of the 20 largest secured 
claims against the debtor; 
‘‘(3) the holders of the 20 largest unsecured 
claims against the debtor; 
‘‘(4) counterparties to any debt, executory con-
tract, unexpired lease, and qualified financial con-
tract requested to be transferred under this section; 
‘‘(5) the Board; 
‘‘(6) the Federal Deposit Insurance Corpora-
tion; 
‘‘(7) the Secretary of the Treasury and the Of-
fice of the Comptroller of the Currency of the Treas-
ury; 
‘‘(8) the Commodity Futures Trading Commis-
sion; 
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‘‘(9) the Securities and Exchange Commission; 
‘‘(10) the United States trustee or bankruptcy 
administrator; and 
‘‘(11) each primary financial regulatory agency, 
as defined in section 2(12) of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act, with 
respect to any affiliate the equity securities of which 
are proposed to be transferred under this section. 
‘‘(c) The court may not order a transfer under this 
section unless the court determines, based upon a prepon-
derance of the evidence, that— 
‘‘(1) the transfer under this section is necessary 
to prevent serious adverse effects on financial sta-
bility in the United States; 
‘‘(2) the transfer does not provide for the as-
sumption of any capital structure debt by the bridge 
company; 
‘‘(3) the transfer does not provide for the trans-
fer to the bridge company of any property of the es-
tate that is subject to a lien securing a debt, execu-
tory contract, unexpired lease or agreement (includ-
ing a qualified financial contract) of the debtor un-
less— 
‘‘(A)(i) the bridge company assumes such 
debt, executory contract, unexpired lease or 
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agreement (including a qualified financial con-
tract), including any claims arising in respect 
thereof that would not be allowed secured 
claims under section 506(a)(1) and after giving 
effect to such transfer, such property remains 
subject to the lien securing such debt, executory 
contract, unexpired lease or agreement (includ-
ing a qualified financial contract); and 
‘‘(ii) the court has determined that as-
sumption of such debt, executory contract, un-
expired lease or agreement (including a quali-
fied financial contract) by the bridge company 
is in the best interests of the estate; or 
‘‘(B) such property is being transferred to 
the bridge company in accordance with the pro-
visions of section 363; 
‘‘(4) the transfer does not provide for the as-
sumption by the bridge company of any debt, execu-
tory contract, unexpired lease or agreement (includ-
ing a qualified financial contract) of the debtor se-
cured by a lien on property of the estate unless the 
transfer provides for such property to be transferred 
to the bridge company in accordance with paragraph 
(3)(A) of this subsection; 
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‘‘(5) the transfer does not provide for the trans-
fer of the equity of the debtor; 
‘‘(6) the trustee has demonstrated that the 
bridge company is not likely to fail to meet the obli-
gations of any debt, executory contract, qualified fi-
nancial contract, or unexpired lease assumed and as-
signed to the bridge company; 
‘‘(7) the transfer provides for the transfer to a 
special trustee all of the equity securities in the 
bridge company and appointment of a special trustee 
in accordance with section 1186; 
‘‘(8) after giving effect to the transfer, ade-
quate provision has been made for the fees, costs, 
and expenses of the estate and special trustee; and 
‘‘(9) the bridge company will have governing 
documents, and initial directors and senior officers, 
that are in the best interest of creditors and the es-
tate. 
‘‘(d) Immediately before a transfer under this section, 
the bridge company that is the recipient of the transfer 
shall— 
‘‘(1) not have any property, executory con-
tracts, unexpired leases, qualified financial contracts, 
or debts, other than any property acquired or execu-
tory contracts, unexpired leases, or debts assumed 
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when acting as a transferee of a transfer under this 
section; and 
‘‘(2) have equity securities that are property of 
the estate, which may be sold or distributed in ac-
cordance with this title. 
‘‘§ 1186. Special trustee 
‘‘(a)(1) An order approving a transfer under section 
1185 shall require the trustee to transfer to a qualified 
and independent special trustee, who is appointed by the 
court, all of the equity securities in the bridge company 
that is the recipient of a transfer under section 1185 to 
hold in trust for the sole benefit of the estate, subject to 
satisfaction of the special trustee’s fees, costs, and ex-
penses. The trust of which the special trustee is the trust-
ee shall be a newly formed trust governed by a trust agree-
ment approved by the court as in the best interests of the 
estate, and shall exist for the sole purpose of holding and 
administering, and shall be permitted to dispose of, the 
equity securities of the bridge company in accordance with 
the trust agreement. 
‘‘(2) In connection with the hearing to approve a 
transfer under section 1185, the trustee shall confirm to 
the court that the Board has been consulted regarding the 
identity of the proposed special trustee and advise the 
court of the results of such consultation. 
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‘‘(b) The trust agreement governing the trust shall 
provide— 
‘‘(1) for the payment of the fees, costs, ex-
penses, and indemnities of the special trustee from 
the assets of the debtor’s estate; 
‘‘(2) that the special trustee provide— 
‘‘(A) quarterly reporting to the estate, 
which shall be filed with the court; and 
‘‘(B) information about the bridge com-
pany reasonably requested by a party in inter-
est to prepare a disclosure statement for a plan 
providing for distribution of any securities of 
the bridge company if such information is nec-
essary to prepare such disclosure statement; 
‘‘(3) that for as long as the equity securities of 
the bridge company are held by the trust, the special 
trustee shall file a notice with the court in connec-
tion with— 
‘‘(A) any change in a director or senior of-
ficer of the bridge company; 
‘‘(B) any modification to the governing 
documents of the bridge company; and 
‘‘(C) any material corporate action of the 
bridge company, including— 
‘‘(i) recapitalization; 
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‘‘(ii) a material borrowing; 
‘‘(iii) termination of an intercompany 
debt or guarantee; 
‘‘(iv) a transfer of a substantial por-
tion of the assets of the bridge company; 
or 
‘‘(v) the issuance or sale of any secu-
rities of the bridge company; 
‘‘(4) that any sale of any equity securities of 
the bridge company shall not be consummated until 
the special trustee consults with the Federal Deposit 
Insurance Corporation and the Board regarding 
such sale and discloses the results of such consulta-
tion with the court; 
‘‘(5) that, subject to reserves for payments per-
mitted under paragraph (1) provided for in the trust 
agreement, the proceeds of the sale of any equity se-
curities of the bridge company by the special trustee 
be held in trust for the benefit of or transferred to 
the estate; 
‘‘(6) the process and guidelines for the replace-
ment of the special trustee; and 
‘‘(7) that the property held in trust by the spe-
cial trustee is subject to distribution in accordance 
with subsection (c). 
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‘‘(c)(1) The special trustee shall distribute the assets 
held in trust— 
‘‘(A) if the court confirms a plan in the case, 
in accordance with the plan on the effective date of 
the plan; or 
‘‘(B) if the case is converted to a case under 
chapter 7, as ordered by the court. 
‘‘(2) As soon as practicable after a final distribution 
under paragraph (1), the office of the special trustee shall 
terminate, except as may be necessary to wind up and con-
clude the business and financial affairs of the trust. 
‘‘(d) After a transfer to the special trustee under this 
section, the special trustee shall be subject only to applica-
ble nonbankruptcy law, and the actions and conduct of 
the special trustee shall no longer be subject to approval 
by the court in the case under this subchapter. 
‘‘§ 1187. Temporary and supplemental automatic stay; 
assumed debt 
‘‘(a)(1) A petition filed under section 1183 operates 
as a stay, applicable to all entities, of the termination, ac-
celeration, or modification of any debt, contract, lease, or 
agreement of the kind described in paragraph (2), or of 
any right or obligation under any such debt, contract, 
lease, or agreement, solely because of— 
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‘‘(A) a default by the debtor under any such 
debt, contract, lease, or agreement; or 
‘‘(B) a provision in such debt, contract, lease, 
or agreement, or in applicable nonbankruptcy law, 
that is conditioned on— 
‘‘(i) the insolvency or financial condition of 
the debtor at any time before the closing of the 
case; 
‘‘(ii) the commencement of a case under 
this title concerning the debtor; 
‘‘(iii) the appointment of or taking posses-
sion by a trustee in a case under this title con-
cerning the debtor or by a custodian before the 
commencement of the case; or 
‘‘(iv) a credit rating agency rating, or ab-
sence or withdrawal of a credit rating agency 
rating— 
‘‘(I) of the debtor at any time after 
the commencement of the case; 
‘‘(II) of an affiliate during the period 
from the commencement of the case until 
48 hours after such order is entered; 
‘‘(III) of the bridge company while the 
trustee or the special trustee is a direct or 
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indirect beneficial holder of more than 50 
percent of the equity securities of— 
‘‘(aa) the bridge company; or 
‘‘(bb) the affiliate, if all of the di-
rect or indirect interests in the affil-
iate that are property of the estate 
are transferred under section 1185; or 
‘‘(IV) of an affiliate while the trustee 
or the special trustee is a direct or indirect 
beneficial holder of more than 50 percent 
of the equity securities of— 
‘‘(aa) the bridge company; or 
‘‘(bb) the affiliate, if all of the di-
rect or indirect interests in the affil-
iate that are property of the estate 
are transferred under section 1185. 
‘‘(2) A debt, contract, lease, or agreement described 
in this paragraph is— 
‘‘(A) any debt (other than capital structure 
debt), executory contract, or unexpired lease of the 
debtor (other than a qualified financial contract); 
‘‘(B) any agreement under which the debtor 
issued or is obligated for debt (other than capital 
structure debt); 
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