[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2132 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 251
114th CONGRESS
1st Session
S. 2132
Making appropriations for financial services and general government,
Department of the Interior, environment, and Departments of Labor,
Health and Human Services, and Education, and related programs for the
fiscal year ending September 30, 2016, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 5, 2015
Mr. Cochran (for himself, Ms. Murkowski, and Mr. Blunt) introduced the
following bill; which was read the first time
October 6, 2015
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
Making appropriations for financial services and general government,
Department of the Interior, environment, and Departments of Labor,
Health and Human Services, and Education, and related programs for the
fiscal year ending September 30, 2016, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``An Act Making Appropriations to Stop
Regulatory Excess and for Other Purposes, 2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
DIVISION A--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2016
DIVISION B--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
DIVISION C--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2016.
DIVISION A--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2016
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business; executive direction program activities;
international affairs and economic policy activities; domestic finance
and tax policy activities, including technical assistance to State and
local governments; terrorism and financial intelligence activities; and
Treasury-wide management policies and programs activities,
$325,900,000: Provided, That of the amount appropriated under this
heading--
(1) not less than $112,500,000 is for the Office of
Terrorism and Financial Intelligence to safeguard the financial
system against illicit use and to combat rogue nations,
terrorist facilitators, weapons of mass destruction
proliferators, money launderers, drug kingpins, and other
national security threats;
(2) not to exceed $350,000 is for official reception and
representation expenses;
(3) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
(4) not to exceed $25,200,000 shall remain available until
September 30, 2017, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Critical Infrastructure Protection
and Compliance Policy, including entering into
cooperative agreements; and
(E) secure space requirements.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $5,000,000, to
remain available until September 30, 2018: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$35,416,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2017, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $167,275,000, of which $5,000,000 shall remain
available until September 30, 2017; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not to exceed
$500,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $36,671,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $10,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$112,979,000, of which not to exceed $34,335,000 shall remain available
until September 30, 2018.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$700,000,000 are rescinded.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $356,000,000; of which not to exceed $4,210,000, to remain
available until September 30, 2018, is for information systems
modernization initiatives; of which $5,000 shall be available for
official reception and representation expenses; and of which not to
exceed $19,800,000, to remain available until September 30, 2018, is to
support the Department's activities related to implementation of the
Digital Accountability and Transparency Act (DATA Act; Public Law 113-
101), including changes in business processes, workforce, or
information technology to support high quality, transparent Federal
spending information.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$101,439,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2016 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $20,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvements Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-3, $221,000,000. Of the amount
appropriated under this heading--
(1) not less than $161,900,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to
Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2017, for financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $3,102,500 may be used for the cost of
direct loans: Provided, That the cost of direct and guaranteed
loans, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $25,000,000;
(2) not less than $15,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2017, for financial assistance, technical
assistance, training and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaskan Native
communities and provided primarily through qualified community
development lender organizations with experience and expertise
in community development banking and lending in Indian country,
Native American organizations, tribes and tribal organizations,
and other suitable providers;
(3) not less than $21,000,000 is available until September
30, 2017, for the Bank Enterprise Award program;
(4) up to $23,100,000 is available until September 30,
2016, for administrative expenses, including administration of
CDFI fund programs and the New Markets Tax Credit Program, of
which not less than $1,000,000 is for capacity building to
expand CDFI investments in underserved rural areas, and up to
$300,000 is for administrative expenses to carry out the direct
loan program; and
(5) during fiscal year 2016, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $750,000,000: Provided further, That such section 114A
shall remain in effect until September 30, 2016.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,156,554,000, of which not less than
$5,600,000 shall be for the Tax Counseling for the Elderly Program, of
which not less than $12,000,000 shall be available for low-income
taxpayer clinic grants, and of which not less than $12,000,000, to
remain available until September 30, 2017, shall be available for a
Community Volunteer Income Tax Assistance matching grants program for
tax return preparation assistance, of which not less than $206,000,000
shall be available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for the Taxpayer
Advocate Service, not less than $5,000,000 shall be for identity theft
casework.
In addition, $90,000,000 is available solely for measurable
improvements in the customer service representative level of service
rate, the number of days to resolve tax refund fraud by identity theft
cases, and the percentage of correspondence the IRS responds to within
established timeframes: Provided, That such funds shall supplement and
not supplant any other amounts made available to the IRS for such
purposes.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,500,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2017, and of
which not less than $57,493,000 shall be for the Interagency Crime and
Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,468,446,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2017; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2018, for research; of which not to exceed $1,850,000 shall be for
the Internal Revenue Service Oversight Board; of which not to exceed
$20,000 shall be for official reception and representation expenses:
Provided, That not later than 30 days after the end of each quarter,
the Internal Revenue Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate and the
Comptroller General of the United States detailing the cost and
schedule performance for its major information technology investments,
including the purpose and life-cycle stages of the investments; the
reasons for any cost and schedule variances; the risks of such
investments and strategies the Internal Revenue Service is using to
mitigate such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter: Provided
further, That the Internal Revenue Service shall include, in its budget
justification for fiscal year 2017, a summary of cost and schedule
performance information for its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $260,000,000, to remain available until
September 30, 2018, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 30 days after the end of
each quarter, the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General of the United States detailing the
cost and schedule performance for CADE 2 and Modernized e-File
information technology investments, including the purposes and life-
cycle stages of the investments; the reasons for any cost and schedule
variances; the risks of such investments and the strategies the
Internal Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to be
incurred in the next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. None of the funds made available to the Internal Revenue
Service by this Act may be used to make a video unless the Service-Wide
Video Editorial Board determines in advance that making the video is
appropriate, taking into account the cost, topic, tone, and purpose of
the video.
Sec. 106. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 107. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 108. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 109. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the
Treasury Inspector General for Tax Administration entitled ``Review of
the August 2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 111. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program or
process takes into account the conduct and Federal tax
compliance of such employee or former employee.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 112. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 113. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Special
Inspector General for the Troubled Asset Relief Program'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between
such appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 114. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 115. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 116. The Secretary of the Treasury may transfer funds from
the ``Bureau of the Fiscal Service-Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 119. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2016 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2016.
Sec. 120. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 121. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate and
the House of Representatives not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 122. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives and the
Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 123. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 124. The Secretary of the Treasury, in consultation with the
appropriate agencies, departments, bureaus, and commissions that have
expertise in terrorism and complex financial instruments, shall provide
a report to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Financial Services of the
House of Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate not later than 90 days after the date of
enactment of this Act on economic warfare and financial terrorism.
Sec. 125. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended to provide for the
enforcement of any rule, regulation, policy, or guideline implemented
pursuant to the Department of the Treasury Guidance for United States
Positions on MDBs Engaging with Developing Countries on Coal-Fired
Power Generation dated October 29, 2013, when enforcement of such rule,
regulation, policy, or guideline would prohibit, or have the effect of
prohibiting, the carrying out of any coal-fired or other power-
generation project the purpose of which is to increase exports of goods
and services from the United States or prevent the loss of jobs from
the United States.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2016''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $12,700,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $625,000, to
remain available until expended, for required maintenance, resolution
of safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,184,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $12,600,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $96,116,000, of which not to exceed
$7,994,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $91,750,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That of the funds made available for
the Office of Management and Budget by this Act, no less than one full-
time equivalent senior staff position shall be dedicated solely to the
Office of the Intellectual Property Enforcement Coordinator: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable laws,
regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $20,047,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $245,000,000,
to remain available until September 30, 2017, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities: Provided further, That,
notwithstanding the requirements of Public Law 106-58, any unexpended
funds obligated prior to fiscal year 2014 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2015, shall be funded at not less than the fiscal year
2015 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the initial
allocation of fiscal year 2016 funding among HIDTAs not later than 45
days after enactment of this Act, and shall notify the Committees of
planned uses of discretionary HIDTA funding, as determined in
consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act: Provided further, That upon a determination
that all or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House of
Representatives and the Senate, such amounts may be transferred back to
this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $108,310,000, to remain available until expended, which shall
be available as follows: $93,500,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,060,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of
Public Law 109-469: Provided, That amounts made available under this
heading may be transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $800,000, to remain available
until September 30, 2017.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $25,000,000, to remain available until expended:
Provided, That the Director of the Office of Management and Budget may
transfer these funds to one or more other agencies to carry out
projects to meet these purposes: Provided further, That the Director
of the Office of Management and Budget shall submit quarterly reports
not later than 45 days after the end of each quarter to the Committees
on Appropriations of the House of Representatives and the Senate and
the Government Accountability Office identifying the savings achieved
by the Office of Management and Budget's government-wide information
technology reform efforts: Provided further, That such reports shall
include savings identified by fiscal year, agency, and appropriation.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,211,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $299,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate on the costs of implementing the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203). Such report shall include--
(1) the estimated mandatory and discretionary obligations
of funds through fiscal year 2018, by Federal agency and by
fiscal year, including--
(A) the estimated obligations by cost inputs such
as rent, information technology, contracts, and
personnel;
(B) the methodology and data sources used to
calculate such estimated obligations; and
(C) the specific section of such Act that requires
the obligation of funds; and
(2) the estimated receipts through fiscal year 2017 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to
calculate such estimated collections; and
(B) the specific section of such Act that
authorizes the collection of funds.
Sec. 203. (a) During fiscal year 2016, any Executive order issued
by the President shall be accompanied by a statement from the Director
of the Office of Management and Budget on the budgetary impact,
including costs, benefits, and revenues, of the Executive order.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays, listed by Federal agency, for each year in the 5-
fiscal year period beginning in fiscal year 2016; and
(3) the impact on revenues of the Federal Government over
the 5-fiscal year period beginning in fiscal year 2016.
(c) If an Executive order is issued during fiscal year 2016 due to
a national emergency, the Director of the Office of Management and
Budget may issue the statement required by subsection (a) not later
than 15 days after the date that the Executive order is issued.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2016''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $75,838,000, of which $2,000,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $9,964,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $30,872,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $18,160,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $4,960,008,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$6,045,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,042,616,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $48,423,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $538,771,000, of which not to exceed $15,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $86,000,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $27,000,000; of which $1,800,000 shall
remain available through September 30, 2017, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $17,000,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3314(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 3602(a) of title 18, United States Code, is
amended--
(1) by inserting after the first sentence: ``A person
appointed as a probation officer in one district may serve in
another district with the consent of the appointing court and
the court in the other district.''; and
(2) by inserting in the last sentence ``appointing'' before
``court may, for cause''.
Sec. 307. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the second
sentence (relating to the District of Kansas) following paragraph (12),
by striking ``24 years and 6 months'' and inserting ``25 years and 6
months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``22 years and 6 months'' and
inserting ``23 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``13 years'' and
inserting ``14 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``12 years and 6 months''
and inserting ``13 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``11 years'' and inserting ``12
years''.
This title may be cited as the ``Judiciary Appropriations Act,
2016''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$30,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$13,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$246,000,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,000,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $122,000,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the
District of Columbia Court System, $72,000,000, of which not to exceed
$2,500 is for official reception and representation expenses; and
$38,000,000, to remain available until September 30, 2017, for capital
improvements for District of Columbia courthouse facilities: Provided,
That funds made available for capital improvements shall be expended
consistent with the District of Columbia Courts master plan study and
facilities condition assessment: Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives and the
Senate, the District of Columbia Courts may reallocate not more than
$6,000,000 of the funds provided under this heading among the items and
entities funded under this heading: Provided further, That the Joint
Committee on Judicial Administration in the District of Columbia may,
by regulation, establish a program substantially similar to the program
set forth in subchapter II of chapter 35 of title 5, United States
Code, for employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$49,890,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of Columbia:
Provided further, That, notwithstanding any other provision of law,
this appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$242,000,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, of which not to exceed $25,000 is
for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $181,000,000 shall be for necessary expenses of
Community Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to protection
orders or the provision of services for or related to such persons, of
which up to $3,159,000 shall remain available until September 30, 2018,
for the relocation of offender supervision field offices; and of which
$61,000,000 shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies:
Provided further, That amounts under this heading may be used for
programmatic incentives for offenders and defendants successfully
meeting terms of supervision: Provided further, That the Director is
authorized to accept and use gifts in the form of in-kind contributions
of the following: space and hospitality to support offender and
defendant programs; equipment, supplies, clothing, and professional
development and vocational training services and items necessary to
sustain, educate, and train offenders and defendants, including their
dependent children; and programmatic incentives for offenders and
defendants meeting terms of supervision: Provided further, That the
Director shall keep accurate and detailed records of the acceptance and
use of any gift under the previous proviso, and shall make such records
available for audit and public inspection: Provided further, That the
Court Services and Offender Supervision Agency Director is authorized
to accept and use reimbursement from the District of Columbia
Government for space and services provided on a cost reimbursable
basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $40,889,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further, That,
notwithstanding section 1342 of title 31, United States Code, and in
addition to the authority provided by the District of Columbia Code
Section 2-1607(b), upon approval of the Board of Trustees, the District
of Columbia Public Defender Service may accept and use voluntary and
uncompensated services for the purpose of aiding or facilitating the
work of the District of Columbia Public Defender Service: Provided
further, That, notwithstanding District of Columbia Code section 2-
1603(d), for the purpose of any action brought against the Board of the
Trustees of the District of Columbia Public Defender Service, the
trustees shall be deemed to be employees of the Public Defender
Service.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $14,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,900,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2017, to the Commission on Judicial Disabilities and Tenure, $295,000,
and for the Judicial Nomination Commission, $270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $45,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That within
funds provided for opportunity scholarships $3,200,000 shall be for the
activities specified in sections 3007(b) through 3007(d) and 3009 of
the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$435,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``District of Columbia Funds Summary of Expenses'' and at the
rate set forth under such heading, as included in the Fiscal Year 2016
Budget Request Act of 2015 submitted to the Congress by the District of
Columbia as amended as of the date of enactment of this Act: Provided,
That notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (section 1-
204.50a, D.C. Official Code), sections 816 and 817 of the Financial
Services and General Government Appropriations Act, 2009 (secs. 47-
369.01 and 47-369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses for
the District of Columbia for fiscal year 2016 under this heading shall
not exceed the estimates included in the Fiscal Year 2016 Budget
Request Act of 2015 submitted to Congress by the District of Columbia
as amended as of the date of enactment of this Act or the sum of the
total revenues of the District of Columbia for such fiscal year:
Provided further, That the amount appropriated may be increased by
proceeds of one-time transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further, That such
increases shall be approved by enactment of local District law and
shall comply with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief Financial
Officer of the District of Columbia shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial Officer
of the appropriations and funds made available to the District during
fiscal year 2016, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2016''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,100,000, to
remain available until September 30, 2017, of which not to exceed
$1,000 is for official reception and representation expenses.
Bureau of Consumer Financial Protection
administrative provisions
Sec. 501. Section 1017(a)(2)(C) of Public Law 111-203 is repealed.
Sec. 502. Effective October 1, 2016, notwithstanding section 1017
of Public Law 111-203--
(1) the Board of Governors of the Federal Reserve System
shall not transfer amounts specified under such section to the
Bureau of Consumer Financial Protection; and
(2) there are authorized to be appropriated to the Bureau
of Consumer Financial Protection such sums as may be necessary
to carry out the authorities of the Bureau under Federal
consumer financial law.
Sec. 503. (a) During fiscal year 2016, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
(b)(1) Any such notification shall include the amount of the funds
requested, an explanation of how the funds will be obligated by object
class and activity, and why the funds are necessary to protect
consumers.
(2) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 504. (a) Not later than 2 weeks after the end of each quarter
of each fiscal year, the Bureau of Consumer Financial Protection shall
submit a report on its activities to the Committees on Appropriations
of the House of Representatives and the Senate, the Committee on
Financial Services of the House of Representatives, and the Committee
on Banking, Housing, and Urban Affairs of the Senate.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any committee specified in subsection (a),
the Bureau of Consumer Financial Protection shall make Bureau officials
available to testify on the contents of the reports required under
subsection (a).
Sec. 505. (a) In General.--Section 1011 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5491) is amended--
(1) by striking subsections (b), (c), and (d);
(2) by redesignating subsection (e) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Management of the Bureau.--
``(1) In general.--The management of the Bureau shall be
vested in a Board of Directors consisting of 5 members, who
shall be appointed by the President, by and with the advice and
consent of the Senate, from among individuals who--
``(A) are citizens of the United States; and
``(B) have developed strong competency and
understanding of, and have experience working with,
financial products and services.
``(2) Terms.--
``(A) In general.--Except as provided in
subparagraph (B), each member of the Board, including
the Chairperson, shall serve for a term of 5 years.
``(B) Staggered terms.--The members of the Board
shall serve staggered terms, which shall initially be
for terms of 1, 2, 3, 4, and 5 years, respectively, and
such members shall be appointed such that, after the
appointments of the initial 5 members of the Board,
members of different political parties are appointed
alternately.
``(C) Removal.--The President may remove any member
of the Board for inefficiency, neglect of duty, or
malfeasance in office.
``(D) Vacancies.--Any member of the Board appointed
to fill a vacancy occurring before the expiration of
the term to which the predecessor of that member was
appointed (including the Chairperson) shall be
appointed only for the remainder of the term.
``(E) Continuation of service.--Each member of the
Board may continue to serve after the expiration of the
term of office to which that member was appointed until
a successor has been appointed by the President and
confirmed by the Senate, except that a member may not
continue to serve more than 1 year after the date on
which the term of that member would otherwise expire.
``(F) Successive terms.--A member of the Board may
not be reappointed to a second consecutive term, except
that an initial member of the Board appointed for less
than a 5-year term may be reappointed to a full 5-year
term and a future member appointed to fill an unexpired
term may be reappointed for a full 5-year term.
``(3) Affiliation.--Not more than 3 members of the Board
shall be members of any 1 political party.
``(4) Chairperson of the board.--
``(A) Appointment.--The President shall appoint 1
of the 5 members of the Board to serve as Chairperson
of the Board.
``(B) Authority.--The Chairperson shall be the
principal executive officer of the Bureau, and shall
exercise all of the executive and administrative
functions of the Bureau, including with respect to--
``(i) the supervision of personnel employed
by the Bureau (other than personnel employed
regularly and full time in the immediate
offices of members of the Board other than the
Chairperson);
``(ii) the distribution of business among
personnel appointed and supervised by the
Chairperson and among administrative units of
the Bureau; and
``(iii) the use and expenditure of funds.
``(C) Limitation.--In carrying out any of the
functions of the Chairperson under this paragraph, the
Chairperson shall be governed by general policies of
the Bureau and by such regulatory decisions, findings,
and determinations as the Bureau may by law be
authorized to make.
``(D) Requests or estimates related to
appropriations.--Any request or estimate for regular,
supplemental, or deficiency appropriations on behalf of
the Bureau, including any request for a transfer of
funds under section 1017(a), may not be submitted by
the Chairperson without the prior approval of the
Board.
``(E) Vacancy.--The President may designate a
member of the Board to serve as Acting Chairperson in
the event of a vacancy in the office of the
Chairperson.
``(5) Compensation.--
``(A) Chairperson.--The Chairperson shall receive
compensation at the rate prescribed for level I of the
Executive Schedule under section 5312 of title 5,
United States Code.
``(B) Other members of the board.--The 4 members of
the Board other than the Chairperson shall each receive
compensation at the rate prescribed for level II of the
Executive Schedule under section 5313 of title 5,
United States Code.
``(6) Other employment prohibited.--A member of the Board
may not engage in any other business, vocation, or
employment.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the later of--
(1) October 1, 2016; or
(2) the date on which not less than 3 persons have been
confirmed by the Senate to serve as members of the Board of
Directors of the Bureau of Consumer Financial Protection.
Commodity Futures Trading Commission
(including transfers of funds)
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $250,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$51,000,000, to remain available until September 30, 2017, shall be for
the purchase of information technology and of which not less than
$2,620,000 shall be for the Office of the Inspector General.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $123,000,000.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $9,600,000, of which $1,500,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act
of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $320,000,000, to remain available until expended: Provided, That
in addition, $44,168,497 shall be made available until expended for
necessary expenses associated with moving to a new facility or
reconfiguring the existing space to significantly reduce space
consumption: Provided further, That $364,168,497 of offsetting
collections shall be assessed and collected pursuant to section 9 of
title I of the Communications Act of 1934, shall be retained and used
for necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be reduced as
such offsetting collections are received during fiscal year 2016 so as
to result in a final fiscal year 2016 appropriation estimated at $0:
Provided further, That any offsetting collections received in excess of
$364,168,497 in fiscal year 2016 shall not be available for obligation:
Provided further, That remaining offsetting collections from prior
years collected in excess of the amount specified for collection in
each such year and otherwise becoming available on October 1, 2015,
shall not be available for obligation: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
competitive bidding system that may be retained and made available for
obligation shall not exceed $117,000,000 for fiscal year 2016,
including not to exceed $518,981 for obligation by the Office of the
Inspector General: Provided further, That, of the amount appropriated
under this heading, not less than $11,090,000 shall be for the salaries
and expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2016'',
each place it appears and inserting ``December 31, 2017''.
Sec. 511. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004 recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$34,568,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $72,500,000, of which $5,000,000 shall
remain available until September 30, 2017, for lease expiration and
replacement lease expenses; and of which not to exceed $5,000 shall be
available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$25,548,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $300,000,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $124,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any other
provision of law, not to exceed $14,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2016, so as to result in a final fiscal
year 2016 appropriation from the general fund estimated at not more
than $162,000,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $8,304,422,000, of which--
(1) $181,500,000 shall remain available until expended for
construction and acquisition activities (including funds for
sites and expenses, and associated design and construction
services) for the United States Courthouse in Nashville,
Tennessee: Provided, That the foregoing limit of costs on new
construction and acquisition may be exceeded to the extent that
savings are effected in other such projects, but not to exceed
10 percent of the amounts included in a transmitted prospectus,
if required, unless advance approval is obtained from the
Committees on Appropriations of a greater amount;
(2) $357,189,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $157,189,000 is for Major Repair and
Alterations activities, including $96,344,000 for the
Jacob K. Javits Federal Office Building in New York
City, New York, and $60,845,000 for the Edward J.
Schwartz Federal Building and U.S. Courthouse in San
Diego, California;
(B) $200,000,000 is for Basic Repairs and
Alterations, Consolidation Activities, the Judiciary
Capital Security Program, and the Fire and Life Safety
Program:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or any
previous Act may be increased by an amount not to exceed 10
percent unless advance approval is obtained from the Committees
on Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any
prior Act for ``Repairs and Alterations'' may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for security
in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference
between the funds appropriated and expended on any projects in
this or any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to Basic Repairs and
Alterations or used to fund authorized increases in prospectus
projects: Provided further, That the amount provided in this
or any prior Act for Basic Repairs and Alterations may be used
to pay claims against the Government arising from any projects
under the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects;
(3) $5,521,601,000 for rental of space to remain available
until expended; and
(4) $2,244,132,000 for building operations to remain
available until expended:
Provided further, That the total amount of funds made available from
this Fund to the General Services Administration shall not be available
for expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by 40 U.S.C. 3307(a), has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus: Provided further, That funds available in the Federal
Buildings Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on Appropriations: Provided
further, That amounts necessary to provide reimbursable special
services to other agencies under 40 U.S.C. 592(b)(2) and amounts to
provide such reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government ownership or
control as may be appropriate to enable the United States Secret
Service to perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections: Provided
further, That revenues and collections and any other sums accruing to
this Fund during fiscal year 2016, excluding reimbursements under 40
U.S.C. 592(b)(2), in excess of the aggregate new obligational authority
authorized for Real Property Activities of the Federal Buildings Fund
in this Act shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109; $58,000,000.
operating expenses
(including transfer of funds)
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, management, and communications; the Civilian Board of
Contract Appeals; and services as authorized by 5 U.S.C. 3109;
$58,560,000, of which not to exceed $7,500 is for official reception
and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $65,000,000, of which $2,000,000
is available until expended: Provided, That not to exceed $50,000
shall be available for payment for information and detection of fraud
against the Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed $2,500 shall
be available for awards to employees of other Federal agencies and
private citizens in recognition of efforts and initiatives resulting in
enhanced Office of Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $3,277,000.
pre-election presidential transition
(including transfer of funds)
For activities authorized by the Pre-Election Presidential
Transition Act of 2010 (Public Law 111-283), not to exceed $13,278,000,
to remain available until September 30, 2017: Provided, That such
amounts may be transferred to ``Acquisition Services Fund'' or
``Federal Buildings Fund'' to reimburse obligations incurred for the
purposes provided herein in fiscal year 2015: Provided further, That
amounts made available under this heading shall be in addition to any
other amounts available for such purposes.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 40 U.S.C. 323
and 44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to enhance its
ability to conduct activities electronically, through the development
and implementation of innovative uses of information technology;
$55,894,000, to be deposited into the Federal Citizen Services Fund:
Provided, That the previous amount may be transferred to Federal
agencies to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimbursements,
and collections deposited into the Fund shall be available until
expended for necessary expenses of Federal Citizen Services and other
activities that enable the Federal Government to enhance its ability to
conduct activities electronically in the aggregate amount not to exceed
$90,000,000: Provided further, That appropriations, revenues,
reimbursements, and collections accruing to this Fund during fiscal
year 2016 in excess of such amount shall remain in the Fund and shall
not be available for expenditure except as authorized in appropriations
Acts: Provided further, That any appropriations provided to the
Electronic Government Fund that remain unobligated may be transferred
to the Federal Citizen Services Fund: Provided further, That the
transfer authorities provided herein shall be in addition to any other
transfer authority provided in this Act.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2016 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2017
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction plan; and
(3) includes a standardized courtroom utilization study of each
facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 526. With respect to each project funded under the heading
``Major Repairs and Alterations'' or ``Judiciary Capital Security
Program'', the Administrator of General Services shall submit a
spending plan and explanation for each project to be undertaken to the
Committees on Appropriations of the House of Representatives and the
Senate not later than 30 days after the date of enactment of this Act.
Sec. 527. Any consolidation of the headquarters of the Federal
Bureau of Investigation must result in a full consolidation.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $1,000,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $42,740,000, to remain available until
September 30, 2017, together with not to exceed $2,345,000, to remain
available until September 30, 2017, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,995,000, to remain available until expended,
of which, notwithstanding sections 8 and 9 of such Act: (1) up to
$50,000 shall be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289); and (2)
up to $1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section 817(a) of
Public Law 106-568 (20 U.S.C. 5604(7)): Provided, That of the total
amount made available under this heading $200,000 shall be transferred
to the Office of Inspector General of the Department of the Interior,
to remain available until expended, for audits and investigations of
the Morris K. Udall and Stewart L. Udall Foundation, consistent with
the Inspector General Act of 1978 (5 U.S.C. App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,400,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $372,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $4,180,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended: Provided, That from amounts made available
under this heading in Public Laws 111-8 and 111-117 for necessary
expenses related to the repair and renovation of the Franklin D.
Roosevelt Presidential Library and Museum in Hyde Park, New York, the
remaining unobligated balances shall be available to implement the
National Archives and Records Administration Capital Improvement Plan.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $5,000,000,
to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
available until September 30, 2017, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $15,420,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $119,239,000, of which
$616,000 may be for strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal Procurement
Policy Act, as amended (41 U.S.C. 4001 et seq.)), including the
recruitment, hiring, training, and retention of such workforce and
information technology in support of acquisition workforce
effectiveness or for management solutions to improve acquisition
management; and in addition $118,425,000 for administrative expenses,
to be transferred from the appropriate trust funds of OPM without
regard to other statutes, including direct procurement of printed
materials, for the retirement and insurance programs: Provided, That
the provisions of this appropriation shall not affect the authority to
use applicable trust funds as provided by sections 8348(a)(1)(B),
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United
States Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal Examining
Unit of OPM established pursuant to Executive Order No. 9358 of July 1,
1943, or any successor unit of like purpose: Provided further, That
the President's Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during fiscal year
2016, accept donations of money, property, and personal services:
Provided further, That such donations, including those from prior
years, may be used for the development of publicity materials to
provide information about the White House Fellows, except that no such
donations shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $4,384,000, and in addition, not to exceed $22,479,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12) as amended by Public Law
107-304, the Whistleblower Protection Enhancement Act of 2012 (Public
Law 112-199), and the Uniformed Services Employment and Reemployment
Rights Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $23,500,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $15,000,000, to be derived by
transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $23,297,000, to
remain available until September 30, 2017.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,500,000,000, to remain available until
expended; of which not less than $11,315,971 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence; and of which not less than $60,971,000 shall be for the
Division of Economic and Risk Analysis: Provided, That fees and
charges authorized by section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed $1,500,000,000 of
such offsetting collections shall be available until expended for
necessary expenses of this account: Provided further, That the total
amount appropriated under this heading from the general fund for fiscal
year 2016 shall be reduced as such offsetting fees are received so as
to result in a final total fiscal year 2016 appropriation from the
general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $22,703,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $257,000,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2016: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2017:
Provided further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small Business
Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $220,150,000, to remain available until
September 30, 2017: Provided, That $115,000,000 shall be available to
fund grants for performance in fiscal year 2016 or fiscal year 2017 as
authorized by section 21 of the Small Business Act: Provided further,
That $25,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $17,400,000 shall be available for
grants to States to carry out export programs that assist small
business concerns authorized under section 1207 of Public Law 111-240.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$19,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $9,120,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,338,172, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2016
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000: Provided
further, That during fiscal year 2016 commitments for general business
loans authorized under section 7(a) of the Small Business Act shall not
exceed $23,500,000,000 for a combination of amortizing term loans and
the aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2016 commitments for loans
authorized under subparagraph (C) of section 502(7) of The Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000: Provided further, That during fiscal year 2016 commitments
to guarantee loans for debentures under section 303(b) of the Small
Business Investment Act of 1958 shall not exceed $4,000,000,000:
Provided further, That during fiscal year 2016, guarantees of trust
certificates authorized by section 5(g) of the Small Business Act shall
not exceed a principal amount of $12,000,000,000. In addition, for
administrative expenses to carry out the direct and guaranteed loan
programs, $152,725,828, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $186,858,000, to
be available until expended, of which $1,000,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $176,858,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $9,000,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses: Provided, That, of the funds provided herein, $158,829,000
shall be for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)); $151,179,014 is for direct administrative expenses of loan
making and servicing to carry out the direct loan program; and
$7,649,986 is for indirect administrative expenses for the direct loan
program: Provided further, That the amount for major disasters under
this heading is designated by Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177), as amended.
administrative provisions--small business administration
(including transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 531. (a) None of the funds made available under this Act may
be used to collect a guarantee fee under section 7(a)(18) of the Small
Business Act (15 U.S.C. 636(a)(18)) with respect to a loan guaranteed
under section 7(a)(31) of such Act that is made to a small business
concern (as defined under section 3 of such Act (15 U.S.C. 632)) that
is 51 percent or more owned and controlled by 1 or more individuals who
is a veteran (as defined in section 101 of title 38, United States
Code) or the spouse of a veteran.
(b) Nothing in this section shall be construed to limit the
authority of the Administrator of the Small Business Administration to
waive such a guarantee fee or any other loan fee with respect to a loan
to a small business concern described in subsection (a) or any other
borrower.
Sec. 532. Subparagraph (C) of section 502(7) of the Small Business
Investment Act of 1958 (15 U.S.C 696(7)), as in effect on September 25,
2012, shall be in effect during fiscal year 2016.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $49,923,000, which shall not be
available for obligation until October 1, 2016: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$243,883,000, to be derived by transfer from the Postal Service Fund
and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $51,300,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2016, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization or
restructuring of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the fiscal
year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries
and expenses for an agency shall be reduced by $100,000 per day for
each day after the required date that the report has not been submitted
to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2016 from appropriations made available for salaries
and expenses for fiscal year 2016 in this Act, shall remain available
through September 30, 2017, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees 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.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or the
Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act may be used
for the interagency funding and sponsorship of a joint advisory
committee to advise on emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C.
ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 620. The Public Company Accounting Oversight Board (Board)
shall have authority to obligate funds for the scholarship program
established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002
(Public Law 107-204) in an aggregate amount not exceeding the amount of
funds collected by the Board as of December 31, 2015, including accrued
interest, as a result of the assessment of monetary penalties. Funds
available for obligation in fiscal year 2016 shall remain available
until expended.
Sec. 621. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 622. None of the funds made available by this Act may be used
to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
(3) Senior Advisor to the Secretary of the Treasury
assigned to the Presidential Task Force on the Auto Industry
and Senior Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 623. None of the funds in this Act may be used for the
Director of the Office of Personnel Management to award a contract,
enter an extension of, or exercise an option on a contract to a
contractor conducting the final quality review processes for background
investigation fieldwork services or background investigation support
services that, as of the date of the award of the contract, are being
conducted by that contractor.
Sec. 624. Each executive agency covered by this Act shall include,
in its fiscal year 2017 budget justification materials submitted to the
Committees on Appropriations of the House of Representatives and the
Senate, a separate table briefly describing the top management
challenges for fiscal year 2016 as identified by the agency inspector
general, together with an explanation of how the fiscal year 2017
budget request addresses each such management challenge.
Sec. 625. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 626. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 627. From the unobligated balances available in the
Securities and Exchange Commission Reserve Fund established by section
991 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203), $25,000,000 are rescinded.
Sec. 628. The head of any executive branch department, agency,
board, commission, or office funded by this Act shall require that all
contracts within their purview that provide award fees link such fees
to successful acquisition outcomes, specifying the terms of cost,
schedule, and performance.
Sec. 629. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 630. (a) Treatment of Payment for Public Communication as
Contribution if Made Under Control or Direction of Candidate.--Section
301(8)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101(8)(A)) is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment by a political
committee of a political party for the direct
costs of a public communication (as defined in
paragraph (22)) made on behalf of a candidate
for Federal office who is affiliated with such
party, but only if the communication is
controlled by, or made at the direction of, the
candidate or an authorized committee of the
candidate.''.
(b) Requiring Control or Direction by Candidate for Treatment as
Coordinated Party Expenditure.--
(1) In general.--Paragraph (4) of section 315(d) of such
Act (52 U.S.C. 30116(d)) is amended to read as follows:
``(4) Special rule for direct costs of communications.--The
direct costs incurred by a political committee of a political
party for a communication made in connection with the campaign
of a candidate for Federal office shall not be subject to the
limitations contained in paragraphs (2) and (3) unless the
communication is controlled by, or made at the direction of,
the candidate or an authorized committee of the candidate.''.
(2) Conforming amendment.--Paragraph (1) of section 315(d)
of such Act (52 U.S.C. 30116(d)) is amended by striking
``paragraphs (2), (3), and (4)'' and inserting ``paragraphs (2)
and (3)''.
Sec. 631. Section 302(g) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30102(g)) is amended to read as follows:
``(g) Filing With the Commission.--All designations, statements,
and reports required to be filed under this Act shall be filed with the
Commission.''.
Sec. 632. On and after the date of enactment of this Act, in the
case of a party to a joint sales agreement (as defined in Note 2(k) to
section 73.3555 of title 47, Code of Federal Regulations) that is in
effect on the effective date of the amendment to Note 2(k)(2) to that
section made by the Further Notice of Proposed Rulemaking and Report
and Order adopted by the Federal Communications Commission on March 31,
2014 (FCC 14-28), the party shall not be considered to be in violation
of the ownership limitations of that section by reason of the
application of the rule in Note 2(k)(2), as so amended, to the joint
sales agreement.
Sec. 633. None of the funds made available by this Act may be used
to regulate, directly or indirectly, the prices or related terms (as
such terms are described in paragraph 164 of the Report and Order on
Remand, Declaratory Ruling, and Order in the matter of protecting and
promoting the open Internet, adopted by the Federal Communications
Commission on February 26, 2015 (FCC 15-24)) charged or imposed by
providers of broadband Internet access service (as defined in the final
rules in Appendix A of such Report and Order on Remand, Declaratory
Ruling, and Order) for such service, regardless of whether such
regulation takes the form of requirements for future conduct or
enforcement regarding past conduct.
Sec. 634. None of the amounts made available by this Act may be
used to finalize or implement the Safety Standard for Recreational Off-
Highway Vehicles published by the Consumer Product Safety Commission in
the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until
after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements
were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Sec. 635. Notwithstanding any other provision of law, not to
exceed $2,266,085 of unobligated balances from ``Election Assistance
Commission, Election Reform Programs'' shall be available to record a
disbursement previously incurred under that heading in fiscal year 2014
against a 2008 cancelled account.
Sec. 636. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the
Commission from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II.
Sec. 637. (a) Consumer Financial Protection Act of 2010.--The
Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is
amended--
(1) in section 1002 (12 U.S.C. 5481)--
(A) by striking paragraph (10) and inserting:
``(10) Board.--The term `Board' means the Board of
Directors of the Bureau of Consumer Financial Protection.'';
and
(B) by inserting after paragraph (29) the
following:
``(30) Chairperson.--The term `Chairperson' means the
Chairperson of the Board of Directors of the Bureau of Consumer
Financial Protection.'';
(2) in section 1012 (12 U.S.C. 5492)--
(A) in subsection (a)(8), by striking ``appointed
and supervised by the Director'' and inserting
``appointed by the Board and supervised by the
Chairperson'';
(B) in subsection (b), by striking ``Director'' and
inserting ``Board''; and
(C) in subsection (c)--
(i) in paragraph (2)(A), by striking
``Director'' and inserting ``Board''; and
(ii) in paragraph (4), by striking ``the
Director'' each place that term appears and
inserting ``any member of the Board'';
(3) in section 1013 (12 U.S.C. 5493)--
(A) in subsections (a), (b), (d), and (e), by
striking ``Director'' each place that term appears and
inserting ``Board'';
(B) in subsection (c)--
(i) in paragraphs (1) and (2), by striking
``Director'' each place that term appears and
inserting ``Board''; and
(ii) in paragraph (3)--
(I) by striking ``Assistant
Director'' each place that term appears
and inserting ``Head of Office''; and
(II) by striking ``the Director''
each place that term appears and
inserting ``the Board'';
(C) in subsection (g)--
(i) in paragraph (1), by striking
``Director'' and inserting ``Board''; and
(ii) in paragraph (2)--
(I) in the paragraph heading, by
striking ``Assistant director'' and
inserting ``Head of the office''; and
(II) by striking ``an assistant
director'' and inserting ``the Head of
the Office of Financial Protection for
Older Americans'';
(4) in section 1014 (12 U.S.C. 5494), by striking
``Director'' each place that term appears and inserting
``Board'';
(5) in section 1016(a) (12 U.S.C. 5496(a)), by striking
``Director of the Bureau'' and inserting ``Chairperson'';
(6) in section 1017--
(A) in subsection (a)--
(i) in paragraph (1), by striking
``Director'' and inserting ``Board'';
(ii) in paragraph (4)--
(I) in subparagraph (A)--
(aa) by striking ``Director
shall'' and inserting ``Board
shall'';
(bb) by striking
``Director,'' and inserting
``Board,''; and
(cc) by striking ``Director
in'' each place that term
appears and inserting ``Board
in'';
(II) in subparagraph (D), by
striking ``Director'' and inserting
``Board''; and
(III) in subparagraph (E), by
striking ``Director to'' and inserting
``Board to''; and
(iii) in paragraph (5)(C), by striking
``Director of the Bureau'' and inserting
``Chairperson'';
(B) in subsection (c)(1)--
(i) by striking ``Director,'' and inserting
``Board,''; and
(ii) by striking ``Director and'' and
inserting ``the members of the Board and''; and
(C) in subsection (e), by striking ``Director''
each place that term appears and inserting ``Board'';
(7) in subtitles B (12 U.S.C. 5511 et seq.), C (12 U.S.C.
5531 et seq.), and G (12 U.S.C. 5601 et seq.), by striking
``Director'' each place that term appears and inserting
``Board'';
(8) in section 1061(c)(2)(C)(i) (12 U.S.C.
5581(c)(2)(C)(i)), by striking ``the Board'' and inserting
``the National Credit Union Administration Board''; and
(9) in section 1066(a) (12 U.S.C. 5586(a)), by inserting
``first'' before ``Director''.
(b) Financial Stability Act of 2010.--Section 111(b)(1)(D) of the
Financial Stability Act of 2010 (12 U.S.C. 5321(b)(1)(D)) is amended by
striking ``Director of the Bureau'' and inserting ``Chairperson of the
Board of Directors of the Bureau''.
(c) Mortgage Reform and Anti-predatory Lending Act.--Section 1447
of the Mortgage Reform and Anti-Predatory Lending Act (12 U.S.C. 1701p-
2) is amended by striking ``Director'' each place the term appears and
inserting ``Board of Directors''.
(d) Electronic Fund Transfer Act.--Section 920(a)(4)(C) of the
Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C)) is amended by
striking ``Director of the Bureau'' and inserting ``Board of Directors
of the Bureau''.
(e) Expedited Funds Availability Act.--The Expedited Funds
Availability Act (12 U.S.C. 4001 et seq.) is amended by striking
``Director of the Bureau'' each place that term appears and inserting
``Board of Directors of the Bureau''.
(f) Federal Deposit Insurance Act.--Section 2 of the Federal
Deposit Insurance Act (12 U.S.C. 1812) is amended--
(1) by striking ``Director of the Consumer Financial
Protection Bureau'' each place that term appears and inserting
``Chairperson of the Board of Directors of the Bureau of
Consumer Financial Protection''; and
(2) in subsection (d)(2), by striking ``Comptroller or
Director'' and inserting ``Comptroller or Chairperson''.
(g) Federal Financial Institutions Examination Council Act of
1978.--Section 1004(a)(4) of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)) is amended by
striking ``Director of the Consumer Financial Protection Bureau'' and
inserting ``Chairperson of the Board of Directors of the Bureau of
Consumer Financial Protection''.
(h) Financial Literacy and Education Improvement Act.--Section 513
of the Financial Literacy and Education Improvement Act (20 U.S.C.
9702) is amended by striking ``Director'' each place that term appears
and inserting ``Chairperson of the Board of Directors''.
(i) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home
Mortgage Disclosure Act of 1975 (12 U.S.C. 2806) is amended by striking
``Director of the Bureau of Consumer'' each place that term appears and
inserting ``Board of Directors of the Bureau of Consumer''.
(j) Interstate Land Sales Full Disclosure Act.--The Interstate Land
Sales Full Disclosure Act (15 U.S.C. 1701 et seq.) is amended--
(1) in section 1402(1) (15 U.S.C. 1701(1)), by striking
```Director' means the Director'' and inserting ```Board' means
the Board of Directors'';
(2) by striking ``Director'' each place that term appears
and inserting ``Board'';
(3) in section 1403(c) (15 U.S.C. 1702(c))--
(A) by striking ``by him'' and inserting ``by the
Board''; and
(B) by striking ``he'' and inserting ``the Board'';
(4) in section 1407 (15 U.S.C. 1706)--
(A) in subsection (c), by striking ``he'' and
inserting ``the Board''; and
(B) in subsection (e), by striking ``him'' and
inserting ``the Board'';
(5) in section 1411 (15 U.S.C. 1710)--
(A) in subsection (a)--
(i) by striking ``his findings'' and
inserting ``its finding''; and
(ii) by striking ``his recommendation'' and
inserting ``a recommendation''; and
(B) in subsection (b), by striking ``Secretary's
order'' and inserting ``order of the Board'';
(6) in section 1415 (15 U.S.C. 1714)--
(A) by striking ``him'' each place that term
appears and inserting ``the Board'';
(B) in subsection (a), by striking ``he may, in his
discretion'' and inserting ``the Board may, at the
discretion of the Board'';
(C) in subsection (b), by striking ``he'' each time
that term appears and inserting ``the Board''; and
(D) by striking ``in his discretion'' each time
that term appears and inserting ``at the discretion of
the Board'';
(7) in section 1416(a) (15 U.S.C. 1715(a))--
(A) by striking ``of the Bureau of Consumer
Financial Protection'' the first time that term
appears;
(B) by striking ``his functions, duties, and
powers'' and inserting ``the functions, duties, and
powers of the Board'';
(C) by striking ``his administrative law judges''
and inserting ``the administrative law judges of the
Bureau of Consumer Financial Protection''; and
(D) by striking ``himself'' and inserting ``the
Board'';
(8)(A) in section 1418a(b)(4) (15 U.S.C. 1717a(b)(4)), by
striking ``The Secretary's determination or order'' and
inserting ``A determination or order of the Board''; and
(B) in section 1418a(d) (15 U.S.C. 1717a(d)), by striking
``the Secretary's determination or order'' and inserting ``a
determination or order of the Board'';
(9) in section 1419 (15 U.S.C. 1718)--
(A) by striking ``him'' and inserting ``the
Board'';
(B) by striking ``his rules and regulations'' and
inserting ``the rules and regulations of the Board'';
and
(C) by striking ``his jurisdiction'' and inserting
``the jurisdiction of the Bureau of Consumer Financial
Protection''; and
(10) in section 1420 (15 U.S.C. 1719)--
(A) by inserting ``or any member of the Board''
before ``in any proceeding''; and
(B) by striking ``him'' and inserting ``the Board
or any member of the Board''.
(k) Real Estate Settlement Procedures Act of 1974.--Section 5 of
the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604) is
amended--
(1) by striking ``Director of'' and inserting ``Board of
Directors of''; and
(2) by striking ``Director'' each place that term appears
and inserting ``Board''.
(l) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage
Licensing Act of 2008 (12 U.S.C. 5101 et seq.) is amended--
(1) in section 1503(10) (12 U.S.C. 5102(10))--
(A) in the paragraph heading, by striking
``Director'' and inserting ``Board''; and
(B) by striking ```Director' means the Director''
and inserting ```Board' means the Board of Directors'';
(2) by striking ``Director'' each place that term appears
and inserting ``Board'';
(3) in section 1514(b)(5) (12 U.S.C. 5113(b)(5)) and
section 1514(c)(4)(C) (12 U.S.C. 5113(c)(4)(C)), by striking
``Secretary's expenses'' and inserting ``expenses of the
Board'';
(4) in the headings of section 1514(c)(1), (c)(4)(A), and
(c)(5), by striking ``director'' and inserting ``board''; and
(5) in the heading of section 1514(d), by striking
``Director'' and inserting ``Board''.
(m) Title 44.--Section 3513(c) of title 44, United States Code, is
amended by striking ``Director of the Bureau'' and inserting ``Board of
Directors of the Bureau''.
(n) Deeming of Name.--Any reference in a law, regulation, document,
paper, or other record of the United States to the Director of the
Bureau of Consumer Financial Protection shall be deemed a reference to
the Board of Directors of the Bureau of Consumer Financial Protection,
unless otherwise specified in this Act.
(o) Effective Date.--This section and the amendments made by this
section shall take effect on the later of--
(1) October 1, 2016; or
(2) the date on which not less than 3 persons have been
confirmed by the Senate to serve as members of the Board of
Directors of the Bureau of Consumer Financial Protection.
Sec. 638. (a) Financing of Sales of Agricultural Commodities to
Cuba.--Notwithstanding any other provision of law (other than section
908 of the Trade Sanctions Reform and Export Enhancement Act of 2000
(22 U.S.C. 7207), as amended by subsection (c)), a person subject to
the jurisdiction of the United States may provide payment or financing
terms for sales of agricultural commodities to Cuba or an individual or
entity in Cuba.
(b) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given the term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Financing.--The term ``financing'' includes any loan or
extension of credit.
(c) Conforming Amendment.--Section 908 of the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207) is amended--
(1) in the section heading, by striking ``and financing'';
(2) by striking subsection (b);
(3) in subsection (a)--
(A) by striking ``Prohibition'' and all that
follows through ``(1) In general.--Notwithstanding''
and inserting ``In General.--Notwithstanding''; and
(B) by redesignating paragraphs (2) and (3) as
subsections (b) and (c), respectively, and by moving
those subsections, as so redesignated, 2 ems to the
left; and
(4) by striking ``paragraph (1)'' each place it appears and
inserting ``subsection (a)''.
Sec. 639. None of the funds made available in this Act may be
used, with respect to a State where marijuana is legal for recreational
or medicinal purposes, to prohibit or penalize a financial institution
solely because the institution provides financial services to an entity
that is a manufacturer, producer, or a person that participates in any
business or organized activity that--
(1) involves handling marijuana or marijuana products; and
(2) engages in such activity pursuant to a law established
by a State or a unit of local government.
Sec. 640. (a) The Office of Personnel Management shall provide to
each affected individual as defined in subsection (b) complimentary
identity protection coverage that--
(1) is not less comprehensive than the complimentary
identify protection coverage that the Office provided to
affected individuals before the date of enactment of this Act;
(2) is effective for a period of not less than 10 years;
and
(3) includes not less than $5,000,000 in identity theft
insurance.
(b) Definition.--In this section, the term ``affected individual''
means any individual whose personally identifiable information was
compromised during--
(1) the data breach of personnel records of current and
former Federal employees, at a network maintained by the
Department of the Interior, that was announced by the Office of
Personnel Management on June 4, 2015; or
(2) the data breach of systems of the Office of Personnel
Management containing information related to the background
investigations of current, former, and prospective Federal
employees, and of other individuals.
Sec. 641. (a) Notwithstanding any other provision of law, none of
the funds appropriated or otherwise made available by this Act or any
other Act may be used to implement any law, regulation, or policy that
prohibits or otherwise restricts travel, or any transaction incident to
travel, to or from Cuba by any citizen or legal resident of the United
States.
(b) Any law, regulation, or policy described in subsection (a)
shall cease to have any force or effect on and after the date of the
enactment of this Act.
(c) Nothing in this section limits the authority of the President
to restrict travel described in subsection (a), or any transaction
incident to such travel, if such restriction is important to the
national security of the United States or to protect human health or
welfare.
Sec. 642. Section 1706(b) of the Cuban Democracy Act of 1992 (22
U.S.C. 6005(b)) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively.
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 2016 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) 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 vehicle (exclusive of buses, ambulances, law
enforcement vehicles, protective vehicles, and undercover surveillance
vehicles), is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, 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 Demonstration 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
conventionally fueled vehicles: Provided further, That the limits set
forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel
cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted 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
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements 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 submitted prior to employment and updated thereafter as
necessary: Provided further, That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee of the
Government 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 employment 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 department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
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 Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses 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 instrumentality.
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 head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
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 section 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 emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, 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
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
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 threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit any
of the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
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 knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
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 mailing lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
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 propaganda 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 Postal Service, and the Postal
Regulatory Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), 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 section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office 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, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
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 designated by the Director (including the President's
Management Council for overall management improvement initiatives, 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
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $17,000,000 for Government-
Wide innovations, initiatives, and activities: Provided further, That
the funds transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year 2016 shall
remain available for obligation through September 30, 2017: Provided
further, That such transfers or reimbursements may only be made after
15 days following notification of the Committees on Appropriations 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 section 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 report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science and
Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment 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 individual's access to
or use of any Federal Government Internet site of the agency;
or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and 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 contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
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
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
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 distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
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 appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2016, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an
administrative expense under section 8348(a)(1)(B) of title 5,
United States Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or that is otherwise made with respect to any
election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', 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 government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
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 2016, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2016, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2016, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2016 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2016 under section 5304 of
such title (whether by adjustment or otherwise), and
the overall average percentage of such payments which
was effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2015, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2015, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2015.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2016 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That prevailing
rate employees 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 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 applicable
pay period beginning after September 30, 2015.
Sec. 738. (a) The Vice President may not receive a pay raise in
calendar year 2016, notwithstanding the rate adjustment made under
section 104 of title 3, United States Code, or any other provision of
law.
(b) An employee serving in an Executive Schedule position, or in a
position for which the rate of pay is fixed by statute at an Executive
Schedule rate, may not receive a pay rate increase in calendar year
2016, notwithstanding schedule adjustments made under section 5318 of
title 5, United States Code, or any other provision of law, except as
provided in subsection (g), (h), or (i). This subsection applies only
to employees who are holding a position under a political appointment.
(c) A chief of mission or ambassador at large may not receive a pay
rate increase in calendar year 2016, notwithstanding section 401 of the
Foreign Service Act of 1980 (Public Law 96-465) 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
2016 (except as provided in subsection (g), (h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the Executive
Schedule; or
(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level IV
of the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States Code, or
similar authority) at or above level IV of the Executive Schedule who
serves under a political appointment may not receive a pay rate
increase in calendar year 2016, notwithstanding any other provision of
law, except as provided in subsection (g), (h), or (i). This subsection
does not apply to employees in the General Schedule pay system or the
Foreign Service pay system, or to employees appointed under section
3161 of title 5, United States Code, or to employees in another pay
system whose position would be classified at GS-15 or below if chapter
51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) A career appointee in the Senior Executive Service who receives
a Presidential appointment and who makes an election to retain Senior
Executive Service basic pay entitlements under section 3392 of title 5,
United States Code, is not subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive branch and
who makes an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public Law 96-
465) is not subject to this section.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position with higher-level duties and a
pre-established higher level or range of pay, except that any such
increase must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable pay limitations in effect on December 31,
2013.
(k) If an employee affected by subsections (b) through (e) is
subject to a biweekly pay period that begins in calendar year 2016 but
ends in calendar year 2017, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
Sec. 739. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2016 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to
and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted
by the departmental component or office in evaluating
potential contractors for the conference.
(c) Within 15 days of the date of a conference held by any
Executive branch department, agency, board, commission, or office
funded by this or any other appropriations Act during fiscal year 2016
for which the cost to the United States Government was more than
$20,000, the head of any such department, agency, board, commission, or
office shall notify the Inspector General or senior ethics official for
any entity without an Inspector General, of the date, location, and
number of employees attending such conference.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012.
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 activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 741. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 743. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 744. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 745. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 746. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to Congress,
(3) the reporting to an Inspector General of a violation of any law,
rule, or regulation, or mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'': Provided,
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 Government, 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
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 747. None of the funds made available by this or any other
Act may be used to implement, administer, carry out, modify, revise, or
enforce Executive Order 13690 (entitled ``Establishing a Federal Flood
Risk Management Standard and a Process for Further Soliciting and
Considering Stakeholder Input'').
Sec. 748. If, for fiscal year 2016, new budget authority provided
in appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences
with the Congressional Budget Office, an adjustment to the
discretionary spending limit in such category for fiscal year 2016
shall be made by the Director of the Office of Management and Budget in
the amount of the excess but the total of all such adjustments shall
not exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
Sec. 749. 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.
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 2016, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2016.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' 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 Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24 hours
a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
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 exceptions
for religious beliefs and moral convictions.
Sec. 809. None of the Federal funds appropriated under this Act
shall be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where the
pregnancy is the result of an act of rape or incest.
Sec. 810. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2016 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 811. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 812. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
Sec. 813. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 814. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2016 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2016 in this Act, shall remain available through September 30,
2017, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees 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 outlined in
section 803 of this Act.
Sec. 815. (a) During fiscal year 2017, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Fiscal Year 2017 Budget Request
Act of 2016 as submitted to Congress (subject to any modifications
enacted by the District of Columbia as of the beginning of the period
during which this subsection is in effect) at the rate set forth by
such Act.
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2017 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2017.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2017 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2017 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 816. (a) This section may be cited as the ``D.C. Opportunity
Scholarship Program School Certification Requirements Act''.
(b) Section 3007(a) of the Scholarships for Opportunity and Results
Act (Public Law 112-10; 125 Stat. 203) is amended--
(1) in paragraph (4)--
(A) in subparagraph (E), by striking ``and'' after
the semicolon;
(B) in subparagraph (F), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(G)(i) is provisionally or fully accredited by a
national or regional accrediting agency that is
recognized in the District of Columbia School Reform
Act of 1995 (sec. 38-1802.02(16)(A)-(G), D.C. Official
Code) or any other accrediting body deemed appropriate
by the Office of the State Superintendent for Schools
for the purposes of accrediting an elementary or
secondary school; or
``(ii) in the case of a school that is a
participating school as of the day before the
date of enactment of the D.C. Opportunity
Scholarship Program School Certification
Requirements Act and, as of such day, does not
meet the requirements of clause (i)--
``(I) by not later than 1 year
after such date of enactment, is
pursuing accreditation by a national or
regional accrediting agency recognized
in the District of Columbia School
Reform Act of 1995 (sec. 38-
1802.02(16)(A)-(G), D.C. Official Code)
or any other accrediting body deemed
appropriate by the Office of the State
Superintendent for Schools for the
purposes of accrediting an elementary
or secondary school; and
``(II) by not later than 5 years
after such date of enactment, is
provisionally or fully accredited by
such accrediting agency, except that an
eligible entity may grant not more than
one 1-year extension to meet this
requirement for each participating
school that provides evidence to the
eligible entity from such accrediting
agency that the school's application
for accreditation is in process and the
school will be awarded accreditation
before the end of the 1-year extension
period;
``(H) conducts criminal background checks on school
employees who have direct and unsupervised interaction
with students; and
``(I) complies with all requests for data and
information regarding the reporting requirements
described in section 3010.''; and
(2) by adding at the end the following:
``(5) New participating schools.--If a school is not a
participating school as of the date of enactment of the D.C.
Opportunity Scholarship Program School Certification
Requirements Act, the school shall not become a participating
school and none of the funds provided under this division for
opportunity scholarships may be used by an eligible student to
enroll in that school unless the school--
``(A) is actively pursuing provisional or full
accreditation by a national or regional accrediting
agency that is recognized in the District of Columbia
School Reform Act of 1995 (sec. 38-1802.02(16)(A)-(G),
D.C. Official Code) or any other accrediting body
deemed appropriate by the Office of the State
Superintendent for Schools for the purposes of
accrediting an elementary or secondary school; and
``(B) meets all of the other requirements for
participating schools under this Act.
``(6) Enrolling in another school.--An eligible entity
shall assist the parents of a participating eligible student in
identifying, applying to, and enrolling in an another
participating school for which opportunity scholarship funds
may be used, if--
``(A) such student is enrolled in a participating
private school and may no longer use opportunity
scholarship funds for enrollment in that participating
private school because such school fails to meet a
requirement under paragraph 4, or any other requirement
of this Act; or
``(B) a participating eligible student is enrolled
in a school that ceases to be a participating
school.''.
(c) Report to Eligible Entities.--Section 3010 of the Scholarships
for Opportunity and Results Act (Public Law 112-10; 125 Stat. 203) is
further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Reports to Eligible Entities.--The eligible entity receiving
funds under section 3004(a) shall ensure that each participating school
under this division submits to the eligible entity beginning not later
than 5 years after the date of the enactment of the D.C. Opportunity
Scholarship Program School Certification Requirements Act, a
certification that the school has been awarded provisional or full
accreditation, or has been granted an extension by the eligible entity
in accordance with section 3007(a)(4)(G).''.
(d) Unless specifically provided otherwise, this section, and the
amendments made by this section, shall take effect 1 year after the
date of enactment of this Act.
Sec. 817. Subparagraph (G) of section 3(c)(2) of the District of
Columbia College Access Act of 1999 (Public Law 106-98), as amended, is
further amended:
(1) by inserting after ``(G)'', ``(i) for individuals who
began an undergraduate course of study prior to school year
2015-2016,''; and
(2) by inserting the following before the period at the
end: ``and (ii) for individuals who begin an undergraduate
course of study in or after school year 2016-2017, is from a
family with a taxable annual income of less than $450,000.
Beginning with school year 2017-2018, the Mayor shall adjust
the amounts in clauses (i) and (ii) for inflation, as measured
by the percentage increase, if any, from the preceding fiscal
year in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics of the Department
of Labor''.
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--FINANCIAL REGULATORY IMPROVEMENTS
SEC. 901. SHORT TITLE.
This title may be cited as the ``Financial Regulatory Improvement
Act of 2015''.
Subtitle A--Regulatory Relief and Protection of Consumer Access to
Credit
SEC. 902. EXCEPTION TO ANNUAL WRITTEN PRIVACY NOTICE REQUIREMENT UNDER
THE GRAMM-LEACH-BLILEY ACT.
Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is
amended by adding at the end the following:
``(f) Exception to Annual Written Notice Requirement.--
``(1) In general.--A financial institution described in
paragraph (2) shall not be required to provide an annual
written disclosure under this section until such time as the
financial institution fails to comply with subparagraph (A),
(B), or (C) of paragraph (2).
``(2) Covered institutions.--A financial institution
described in this paragraph is a financial institution that--
``(A) provides nonpublic personal information only
in accordance with the provisions of subsection (b)(2)
or (e) of section 502 or regulations prescribed under
section 504(b);
``(B) has not changed its policies and practices
with respect to disclosing nonpublic personal
information from the policies and practices that were
disclosed in the most recent disclosure sent to
consumers in accordance with this section; and
``(C) otherwise provides customers access to such
most recent disclosure in electronic or other form
permitted by regulations prescribed under section
504.''.
SEC. 903. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO BECOME MEMBERS
OF A FEDERAL HOME LOAN BANK.
(a) In General.--Section 4(a) of the Federal Home Loan Bank Act (12
U.S.C. 1424(a)) is amended by adding at the end the following:
``(5) Certain privately insured credit unions.--
``(A) In general.--Subject to the requirements of
subparagraph (B), a credit union that lacks insurance
of its member accounts under Federal law shall be
treated as an insured depository institution for
purposes of this Act.
``(B) Certification by appropriate state
supervisor.--For purposes of this paragraph, a credit
union that lacks insurance of its member accounts under
Federal law and that has applied for membership in a
Federal Home Loan Bank shall be treated as an insured
depository institution if the following has occurred:
``(i) Determination by state supervisor of
the credit union.--
``(I) In general.--Subject to
subclause (II), the appropriate
supervisor of the State in which the
credit union is chartered has
determined that the credit union meets
all the eligibility requirements under
section 201(a) of the Federal Credit
Union Act (12 U.S.C. 1781(a)) to apply
for insurance of its member accounts as
of the date of the application for
membership.
``(II) Certification deemed
valid.--In the case of any credit union
to which subclause (I) applies, if the
appropriate supervisor of the State in
which such credit union is chartered
fails to make the determination
required pursuant to such subclause by
the end of the 12-month period
beginning on the date on which the
application is submitted to the
supervisor, the credit union shall be
deemed to have met the requirements of
subclause (I).
``(ii) Determination by state supervisor of
the private deposit insurer.--The licensing
entity of the private deposit insurer that is
insuring the member accounts of the credit
union--
``(I) receives, on an annual basis,
an independent actuarial opinion that
the private insurer has set aside
sufficient reserves for losses; and
``(II) obtains, as frequently as
appropriate, but not less frequently
than once every 36 months, a study by
an independent actuary on the capital
adequacy of the private insurer.
``(iii) Submission of financial
information.--The credit union or the
appropriate supervisor of the State in which
the credit union is chartered makes available,
and continues to make available for such time
as the credit union is a member of a Federal
Home Loan Bank, to the Federal Housing Finance
Agency or to the Federal Home Loan Bank all
reports, records, and other information related
to any examination or inquiry performed by the
supervisor concerning the financial condition
of the credit union, as soon as is practicable.
``(C) Security interests of federal home loan bank
not avoidable.--Notwithstanding any provision of State
law authorizing a conservator or liquidating agent of a
credit union to repudiate contracts, no such provision
shall apply with respect to--
``(i) any extension of credit from any
Federal Home Loan Bank to any credit union that
is a member of any such bank pursuant to this
paragraph; or
``(ii) any security interest in the assets
of such a credit union securing any such
extension of credit.
``(D) Protection for certain federal home loan bank
advances.--Notwithstanding any State law to the
contrary, if a Bank makes an advance under section 10
to a State-chartered credit union that is not federally
insured--
``(i) the interest of the Bank in any
collateral securing the advance has the same
priority and is afforded the same standing and
rights that the security interest would have
had if the advance had been made to a federally
insured credit union; and
``(ii) the Bank has the same right to
access such collateral that the Bank would have
had if the advance had been made to a federally
insured credit union.''.
(b) Copies of Audits of Private Insurers of Certain Depository
Institutions Required to Be Provided to Supervisory Agencies.--Section
43(a)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C.
1831t(a)(2)(A)) is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) in the case of depository
institutions described in subsection (e)(2)(A),
the member accounts of which are insured by the
private deposit insurer, which are members of a
Federal home loan bank, to the Federal Housing
Finance Agency, not later than 7 days after the
audit is completed.''.
(c) GAO Report.--Not later than 18 months after the date of
enactment of this title, the Comptroller General of the United States
shall conduct a study and submit to Congress a report on--
(1) the adequacy of insurance reserves held by any private
deposit insurer that insures the member accounts of any entity
described in section 43(e)(2)(A) of the Federal Deposit
Insurance Act (12 U.S.C. 1831t(e)(2)(A)); and
(2) for any entity described in paragraph (1), the member
accounts of which are insured by a private deposit insurer, the
level of compliance with Federal regulations relating to the
disclosure of a lack of Federal deposit insurance.
SEC. 904. DESIGNATION OF RURAL AREA.
(a) Application.--Not later than 90 days after the date of
enactment of this title, the Bureau of Consumer Financial Protection
shall establish an application process under which a person who lives
or does business in a State may, with respect to an area identified by
the person in the State that has not been designated by the Bureau of
Consumer Financial Protection as a rural area for purposes of a Federal
consumer financial law (as defined in section 1002 of the Consumer
Financial Protection Act of 2010 (12 U.S.C. 5481)), apply for such area
to be so designated.
(b) Evaluation Criteria.--In evaluating an application submitted
under subsection (a), the Bureau of Consumer Financial Protection shall
take into consideration the following factors:
(1) Criteria used by the Director of the Bureau of the
Census for classifying geographical areas as rural or urban.
(2) Criteria used by the Director of the Office of
Management and Budget to designate counties as metropolitan,
micropolitan, or neither.
(3) Criteria used by the Secretary of Agriculture to
determine property eligibility for rural development programs.
(4) The Department of Agriculture rural-urban commuting
area codes.
(5) A written opinion provided by the State bank supervisor
(as defined in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813).
(6) Population density.
(c) Rule of Construction.--If, at any time before the date on which
an application is submitted under subsection (a), the area subject to
review has been designated as nonrural by any Federal agency described
in subsection (b) using any of the criteria described in that
subsection, the Bureau of Consumer Financial Protection shall not be
required to consider such designation in its evaluation.
(d) Public Comment Period.--
(1) In general.--Not later than 60 days after the date on
which an application submitted under subsection (a) is
received, the Bureau of Consumer Financial Protection shall--
(A) publish the application on the website of the
Bureau of Consumer Financial Protection; and
(B) make the application available for public
comment for not fewer than 90 days.
(2) Limitation on additional applications.--Nothing in
this section shall be construed to require the Bureau of
Consumer Financial Protection, during the public comment period
described in paragraph (1) with respect to an application
submitted under subsection (a), to accept an additional
application with respect to the area that is the subject of the
initial application.
(e) Decision on Designation.--Not later than 90 days after the end
of the public comment period described in subsection (d)(1), the Bureau
of Consumer Financial Protection shall--
(1) grant or deny such application, in whole or in part;
and
(2) publish such grant or denial in the Federal Register,
along with an explanation of the factors on which the Bureau of
Consumer Financial Protection relied in making such decision.
(f) Subsequent Applications.--A decision by the Bureau under
subsection (e) to deny an application for an area to be designated as a
rural area shall not preclude the Bureau of Consumer Financial
Protection from accepting a subsequent application submitted under
subsection (a) for the area to be so designated if the subsequent
application is submitted after the date on which the 90-day period
beginning on the date on which the Bureau of Consumer Financial
Protection denies the application under subsection (e) expires.
(g) Operations in Rural Areas.--The Truth in Lending Act (15 U.S.C.
1601 et seq.) is amended--
(1) in section 129C(b)(2)(E)(iv)(I) (15 U.S.C.
1639c(b)(2)(E)(iv)(I)), by striking ``predominantly''; and
(2) in section 129D(c)(1) (15 U.S.C. 1639d(c)(1)), by
striking ``predominantly''.
SEC. 905. INDEPENDENT EXAMINATION REVIEW.
(a) In General.--The Federal Financial Institutions Examination
Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended by adding at
the end the following:
``SEC. 1012. OFFICE OF INDEPENDENT EXAMINATION REVIEW.
``(a) Establishment.--There is established in the Council an Office
of Independent Examination Review.
``(b) Head of Office.--
``(1) Establishment.--There is established the position of
the Director as the head of the Office of Independent
Examination Review, who shall be appointed by the Council for a
term of 5 years.
``(2) Removal.--
``(A) In general.--The President may remove the
Director from office.
``(B) Congressional notification.--Not later than
30 days after the date on which the Director is removed
from office under subparagraph (A), the President shall
submit to Congress a written notification describing
the reasons for the removal.
``(c) Staffing.--The Director may hire staff to support the
activities of the Office of Independent Examination Review.
``(d) Duties.--The Director shall--
``(1) receive and, at the discretion of the Director,
investigate complaints from financial institutions,
representatives of financial institutions, or any other entity
acting on behalf of financial institutions, concerning
examinations, examination practices, or examination reports;
``(2) hold meetings, not less than once every 90 days and
in locations designed to encourage participation from all
regions of the United States, with financial institutions,
representatives of financial institutions, or any other entity
acting on behalf of financial institutions, to discuss
examination procedures, examination practices, or examination
policies;
``(3) review examination procedures of the Federal
financial institutions regulatory agencies to ensure that the
written examination policies of the agencies are being followed
in practice and adhere to the standards for consistency
established by the Council;
``(4) conduct a continuing and regular program of
examination quality assurance for all types of examinations
conducted by the Federal financial institutions regulatory
agencies; and
``(5) submit to the Committee on Banking, Housing, and
Urban Affairs of the Senate, the Committee on Financial
Services of the House of Representatives, and the Council an
annual report on the reviews carried out pursuant to paragraphs
(3) and (4), including recommendations for improvements in
examination procedures, practices, and policies.
``(e) Confidentiality.--The Director shall keep confidential--
``(1) all meetings, discussions, and information provided
by financial institutions; and
``(2) any confidential or privileged information provided
by a Federal financial institutions regulatory agency.
``(f) Funding; Budget.--
``(1) In general.--One-fifth of the costs and expenses of
the Office of Independent Examination Review, including the
salaries of its employees, shall be paid by each of the Federal
financial institutions regulatory agencies, which shall be
based on the budget submitted under paragraph (2).
``(2) Budget.--Not later than April 15 of each fiscal year,
the Director shall submit to the Council a projected budget for
the Office of Independent Examination Review for the following
fiscal year.''.
(b) Definitions.--Section 1003 of the Federal Financial
Institutions Examination Council Act of 1978 (12 U.S.C. 3302) is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the term `Federal financial institutions regulatory
agencies' means the Office of the Comptroller of the Currency,
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the National Credit
Union Administration, and the Bureau of Consumer Financial
Protection;'';
(2) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (3), by striking the semicolon and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) the term `Director' means the Director established
under section 1012.''.
(c) Federal Banking Agency Ombudsman.--
(1) In general.--Section 309 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4806) is amended--
(A) in the first sentence of subsection (a), by
inserting ``, the Bureau of Consumer Financial
Protection,'' after ``Federal banking agency'';
(B) in subsection (b)--
(i) by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively, and
adjusting the margins accordingly;
(ii) in the matter preceding subparagraph
(A), as so redesignated, by striking ``In
establishing'' and inserting the following:
``(1) In general.--In establishing'';
(iii) in paragraph (1)(B), as so
redesignated, by striking ``the appellant from
retaliation by agency examiners'' and inserting
``the insured depository institution or insured
credit union from retaliation by an agency
referred to in subsection (a)''; and
(iv) by adding at the end the following:
``(2) Retaliation.--For purposes of this subsection and
subsection (e), retaliation includes delaying consideration of,
or withholding approval of, any request, notice, or application
that otherwise would have been approved, but for the exercise
of the rights of the insured depository institution or insured
credit union under this section.''; and
(C) in subsection (e)(2)--
(i) in subparagraph (B), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) ensure that appropriate safeguards exist for
protecting the insured depository institution or
insured credit union from retaliation by any
appropriate Federal banking agency for exercising the
rights of the insured depository institution or insured
credit union under this subsection.''.
(2) Effect.--Nothing in this subsection shall be construed
to affect the authority of an appropriate Federal banking
agency (as defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813)) or the National Credit Union
Administration Board to take enforcement or other supervisory
action.
(d) Federal Credit Union Act.--Section 205(j) of the Federal Credit
Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of
Consumer Financial Protection,'' before ``the Administration'' each
place that term appears.
(e) Federal Financial Institutions Examination Council Act.--
Section 1005 of the Federal Financial Institutions Examination Council
Act of 1978 (12 U.S.C. 3304) is amended by striking ``One-fifth'' and
inserting ``One-fourth''.
SEC. 906. CONFIDENTIALITY OF INFORMATION SHARED BETWEEN STATE AND
FEDERAL FINANCIAL SERVICES REGULATORS.
Section 1512(a) of the S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5111(a)) is amended by inserting ``or financial services''
before ``industry''.
SEC. 907. SAFE HARBOR FOR CERTAIN LOANS HELD IN PORTFOLIO.
(a) In General.--Section 129C of the Truth in Lending Act (15
U.S.C. 1639c) is amended by adding at the end the following:
``(j) Safe Harbor for Certain Loans Held in Portfolio.--
``(1) Definitions.--In this section--
``(A) the term `appropriate Federal banking agency'
has the meaning given that term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813);
``(B) the term `depository institution' has the
meaning given that term in section 19(b)(1) of the
Federal Reserve Act (12 U.S.C. 461(b)(1)); and
``(C) the term `financial institution regulator'
means an appropriate Federal banking agency, the
Bureau, and the National Credit Union Administration.
``(2) Safe harbor for creditors.--
``(A) In general.--A creditor shall not be subject
to suit for failure to comply with subsection (a),
(c)(1), or (f)(2) of this section or section 129H with
respect to a residential mortgage loan, and the
financial institution regulators shall treat such loan
as a qualified mortgage, if--
``(i)(I) the creditor has, since the
origination of the loan, held the loan on the
balance sheet of the creditor; or
``(II) any person acquiring the loan has
continued to hold the loan on the balance sheet
of the person;
``(ii) the loan has not been acquired through a
securitization;
``(iii) all prepayment penalties with respect to
the loan comply with the limitations described in
subsection (c)(3);
``(iv) the loan does not have--
``(I) negative amortization;
``(II) interest-only features; or
``(III) a loan term of more than 30 years;
and
``(v) the creditor has documented the consumer's--
``(I) income;
``(II) employment;
``(III) assets; and
``(IV) credit history.
``(B) Exception for certain transfers.--In the case
of a depository institution that transfers a loan
originated by that institution to another depository
institution by reason of the bankruptcy or failure of
the originating depository institution or the purchase
of the originating depository institution, the
depository institution acquiring the loan shall be
deemed to have complied with the requirement under
subparagraph (A)(i).''.
(b) Reviewing the Portfolio of Systemically Important Banks.--
Section 18(o) of the Federal Deposit Insurance Act (12 U.S.C. 1828(o))
is amended by adding at the end the following:
``(5) Systemically important bank review.--The appropriate
Federal banking agency shall periodically review the mortgage
portfolio or targeted segments of the portfolios of a bank
subject to a determination under section 113A(a) of the
Financial Stability Act of 2010 if--
``(A) there is elevated risk;
``(B) there is an increase in delinquency and loss
rates;
``(C) there are new lines of business;
``(D) there are new acquisition channels;
``(E) there is rapid growth; or
``(F) an internal audit is inadequate.''.
(c) Rule of Construction.--Nothing in the amendment made by
subsection (a) shall be construed to prevent a balloon loan from
qualifying for the safe harbor provided under section 129C(j) of the
Truth in Lending Act, as added by subsection (a), if the balloon loan
otherwise meets all of the requirements under subsection (j) of that
section, regardless of whether the balloon loan meets the requirements
described under clauses (i) through (iv) of section 129C(b)(2)(E) of
that Act (12 U.S.C. 129C(b)(2)(E)).
SEC. 908. PROTECTING CONSUMER ACCESS TO MORTGAGE CREDIT.
(a) Definition of High-cost Mortgage.--Section 103 of the Truth in
Lending Act (15 U.S.C. 1602) is amended--
(1) by redesignating subsections (aa) and (bb) as
subsections (bb) and (aa), respectively, and moving subsection
(bb), as so redesignated, after subsection (aa), as so
redesignated; and
(2) in subsection (aa)(4), as so redesignated--
(A) in the matter preceding subparagraph (A), by
striking ``paragraph (1)(B)'' and inserting ``paragraph
(1)(A) and section 129C'';
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by
inserting ``and insurance'' after ``taxes'';
and
(ii) in clause (iii), by striking ``; and''
and inserting a semicolon; and
(C) in subparagraph (D)--
(i) by striking ``accident,''; and
(ii) by striking ``or any payments'' and
inserting ``and any payments''.
(b) Rulemaking.--Not later than 90 days after the date of enactment
of this title, the Bureau of Consumer Financial Protection shall
promulgate regulations to carry out the amendments made by subsection
(a)(2).
(c) Study and Report on Consumer Access to Mortgage Credit.--
(1) Study required.--The Comptroller General of the United
States shall conduct a study to determine the effects that the
Dodd-Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5301 et seq.) has had on the availability and
affordability of credit for consumers, small businesses, first-
time homebuyers, and mortgage lending, including the effects--
(A) on the mortgage market for mortgages that are
not qualified mortgages;
(B) on the ability of prospective homebuyers to
obtain financing, including first-time homebuyers;
(C) on the ability of homeowners facing resets or
adjustments to refinance, including whether homeowners
have fewer refinancing options due to the
unavailability of certain loan products that were
available before the date of enactment of the Dodd-
Frank Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5301 et seq.);
(D) on the ability of minorities to access
affordable credit compared with other prospective
borrowers;
(E) on home sales and construction;
(F) of extending any right of rescission on
adjustable rate loans and the impact of the right of
rescission on litigation;
(G) of any State foreclosure law and the ability of
investors to transfer a property after foreclosure;
(H) of expanding the existing provisions of the
Home Ownership and Equity Protection Act of 1994 (15
U.S.C. 1601 note and 1602 note);
(I) of prohibiting prepayment penalties on high-
cost mortgages;
(J) of establishing counseling services under the
Department of Housing and Urban Development and offered
through the Office of Housing Counseling; and
(K) on the differences in title insurance premiums
and ancillary charges paid by low- and moderate-income
consumers to affiliates of mortgage lenders to purchase
title insurance versus title insurance premiums and
ancillary charges paid by low- and moderate-income
consumers to unaffiliated title agencies or attorneys
to purchase title insurance in those markets in which
both affiliated and unaffiliated mortgage lenders
compete.
(2) Report.--Not later than 1 year after the date of
enactment of this title, the Comptroller General of the United
States shall submit to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives a report that
includes--
(A) the findings and conclusions of the Comptroller
General with respect to the study conducted under
paragraph (1); and
(B) any recommendations for legislative or
regulatory actions that--
(i) would enhance the access of a consumer
to mortgage credit;
(ii) is consistent with consumer
protections and safe and sound banking
operations; and
(iii) would address any negative effects on
mortgage credit and mortgage availability
identified in the study.
SEC. 909. PROTECTING ACCESS TO MANUFACTURED HOMES.
(a) Mortgage Originator Definition.--Section 103 of the Truth in
Lending Act (15 U.S.C. 1602) is amended--
(1) by redesignating the second subsection designated as
subsection (cc) and subsection (dd) as subsections (dd) and
(ee), respectively; and
(2) in subsection (dd)(2)(C), as so redesignated, by
striking ``an employee of a retailer of manufactured homes who
is not described in clause (i) or (iii) of subparagraph (A) and
who does not advise a consumer on loan terms (including rates,
fees, and other costs)'' and inserting ``a retailer of
manufactured or modular homes or its employees, unless such
retailer or its employees receive compensation or gain for
engaging in activities described in subparagraph (A) that is in
excess of any compensation or gain received in a comparable
cash transaction''.
(b) High-Cost Mortgage Definition.--Section 103(aa)(1)(A) of the
Truth in Lending Act (15 U.S.C. 1602(aa)(1)(A)), as redesignated by
section 908(a)(1) of this title, is amended--
(1) in clause (i)(I), by striking ``(8.5 percentage points,
if the dwelling is personal property and the transaction is for
less than $50,000)'' and inserting ``(10 percentage points, if
the dwelling is personal property or is a transaction that does
not include the purchase of real property on which a dwelling
is to be placed, and the transaction is for less than $75,000
(as such amount is adjusted by the Bureau to reflect the change
in the Consumer Price Index))''; and
(2) in clause (ii)--
(A) in subclause (I), by striking ``; or'' and
inserting a semicolon; and
(B) by adding at the end the following:
``(III) in the case of a
transaction for less than $75,000 (as
such amount is adjusted by the Bureau
to reflect the change in the Consumer
Price Index) in which the dwelling is
personal property (or is a consumer
credit transaction that does not
include the purchase of real property
on which a dwelling is to be placed),
the greater of 5 percent of the total
transaction amount or $3,000 (as such
amount is adjusted by the Bureau to
reflect the change in the Consumer
Price Index); or''.
SEC. 910. STREAMLINING BANK EXAMS.
Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C.
1820(d)) is amended--
(1) in paragraph (4)(A), by striking ``$500,000,000'' and
inserting ``$1,000,000,000''; and
(2) in paragraph (10), by striking ``$500,000,000'' and
inserting ``$1,000,000,000''.
SEC. 911. ADJUSTMENTS FOR CHANGES IN GROSS DOMESTIC PRODUCT.
(a) Commodity Exchange Act.--Section 2(h)(7)(C)(ii) of the
Commodity Exchange Act (7 U.S.C. 2(h)(7)(C)(ii)) is amended by
inserting ``(as such amount is adjusted annually by the Commission to
reflect the percentage change for the previous calendar year in the
gross domestic product of the United States, as calculated by the
Bureau of Economic Analysis of the Department of Commerce)'' after
``$10,000,000,000'' each place that term appears.
(b) Consumer Financial Protection Bureau Examination and Reporting
Threshold.--
(1) Increase in the examination threshold.--Section 1025(a)
of the Consumer Financial Protection Act of 2010 (12 U.S.C.
5515(a)) is amended by striking ``$10,000,000,000'' each place
that term appears and inserting ``$50,000,000,000 (as such
amount is adjusted annually by the Commission to reflect the
percentage change for the previous calendar year in the gross
domestic product of the United States, as calculated by the
Bureau of Economic Analysis of the Department of Commerce)''.
(2) Increase in the reporting threshold.--Section 1026(a)
of the Consumer Financial Protection Act of 2010 (12 U.S.C.
5516(a)) is amended by striking ``$10,000,000,000'' each place
that term appears and inserting ``$50,000,000,000 (as such
amount is adjusted annually by the Commission to reflect the
percentage change for the previous calendar year in the gross
domestic product of the United States, as calculated by the
Bureau of Economic Analysis of the Department of Commerce)''.
(3) Effective date.--This subsection and the amendments
made by this subsection shall take effect on the date that is
45 days after the date of enactment of this title.
(c) Securities Exchange Act of 1934.--Section 3C(g)(3)(B) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c-3(g)(3)(B)) is amended
by inserting ``(as such amount is adjusted annually by the Commission
to reflect the percentage change for the previous calendar year in the
gross domestic product of the United States, as calculated by the
Bureau of Economic Analysis of the Department of Commerce)'' after
``$10,000,000,000'' each place that term appears.
(d) Electronic Fund Transfer Act.--Section 920(a)(6)(A) of the
Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(6)(A)) is amended by
inserting ``(as such amount is adjusted annually by the Board to
reflect the percentage change for the previous calendar year in the
gross domestic product of the United States, as calculated by the
Bureau of Economic Analysis of the Department of Commerce)'' after
``$10,000,000,000''.
(e) Enhancing Financial Institution Safety and Soundness Act of
2010.--Section 334(e) of the Enhancing Financial Institution Safety and
Soundness Act of 2010 (title III of Public Law 111-203; 124 Stat. 1539)
is amended by inserting ``(as such amount is adjusted annually by the
Corporation to reflect the percentage change for the previous calendar
year in the gross domestic product of the United States, as calculated
by the Bureau of Economic Analysis of the Department of Commerce)''
after ``$10,000,000,000''.
(f) Investor Protection and Securities Reform Act of 2010.--Section
956(f) of the Investor Protection and Securities Reform Act of 2010 (15
U.S.C. 5641(f)) is amended by inserting ``(as such amount is adjusted
annually by the appropriate Federal regulator to reflect the percentage
change for the previous calendar year in the gross domestic product of
the United States, as calculated by the Bureau of Economic Analysis of
the Department of Commerce)'' after ``$1,000,000,000''.
SEC. 912. STUDY ON THE PRIVACY RISKS OF GOVERNMENT PUBLICATION OF
PERSONAL FINANCIAL DATA.
Section 304 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C.
2803) is amended--
(1) in subsection (n), by inserting ``Such data shall not
be publicly disclosed by the Bureau or a depository institution
before the date on which the report is submitted under
subsection (o)(2).'' after the period at the end; and
(2) by adding at the end the following:
``(o) Study and Report to Congress.--
``(1) Study required.--The Comptroller General of the
United States shall conduct a study to determine whether the
data published under this Act, in connection with other
publicly available data sources, could allow for or increase
the probability of--
``(A) exposure of the identity of mortgage
applicants or mortgagors through reverse engineering;
``(B) exposure of mortgage applicants or mortgagors
to identity theft or the loss of sensitive personal
financial information;
``(C) the marketing or sale of unfair, deceptive,
or abusive financial products to mortgage applicants or
mortgagors based on the data published under this Act;
``(D) personal financial loss or emotional distress
resulting from the exposure of mortgage applicants or
mortgagors to identify theft or the loss of sensitive
personal financial information; and
``(E) the potential legal liability facing the
Bureau and market participants in the event the
published data leads or contributes to identity theft
or the capture of sensitive personal financial
information.
``(2) Report.--Not later than 1 year after the date of
enactment of this subsection, the Comptroller General of the
United States shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a report
that includes--
``(A) the findings and conclusions of the
Comptroller General with respect to the study conducted
under paragraph (1); and
``(B) any recommendations for legislative or
regulatory actions that--
``(i) would enhance the privacy of a
consumer when accessing mortgage credit; and
``(ii) are consistent with consumer
protections and safe and sound banking
operations.''.
SEC. 913. ENSURING THE REPORTING OF APPRAISAL MISCONDUCT.
Section 129E of the Truth in Lending Act (15 U.S.C. 1639e) is
amended--
(1) in subsection (e)--
(A) by striking ``Any mortgage lender'' and
inserting the following:
``(1) In general.--Any mortgage lender''; and
(B) by adding at the end the following:
``(2) Limitation on civil liability.--No person may be held
civilly liable under any provision of Federal, State, or other
law for a disclosure made in good faith pursuant to this
section.''; and
(2) in subsection (k), by adding at the end the following:
``(4) Applicability.--This subsection shall not apply to
subsection (e).''.
SEC. 914. MUTUAL HOLDING COMPANY DIVIDEND WAIVERS.
Notwithstanding the rule of the Board of Governors of the Federal
Reserve System regarding Mutual Holding Company Dividend Waivers in
section 239.63 of title 12, Code of Federal Regulations (or any
successor thereto), grandfathered mutual holding companies and all
other mutual holding companies shall be permitted to waive the receipt
of dividends declared on the common stock of their bank or mid-size
holding companies.
SEC. 915. SAFEGUARDING ACCESS TO HABITAT FOR HUMANITY HOMES.
Section 129E(i)(2) of the Truth in Lending Act (15 U.S.C.
1639e(i)(2)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(2) in the matter preceding clause (i), as so redesignated,
by striking ``For purposes of'' and inserting the following:
``(A) In general.--For purposes of''; and
(3) by adding at the end the following:
``(B) Rule of construction related to appraisal
donations.--In the case of an appraisal for which the
appraiser voluntarily does not receive a fee, the
appraiser is not, and shall not be construed to be,
with respect to the donated appraisal, a fee appraiser
for purposes of this section.''.
SEC. 916. CLARIFYING THE APPLICABILITY OF SECTION 13(H)(1) OF THE BANK
HOLDING COMPANY ACT OF 1956.
(a) In General.--Section 13(h)(1) of the Bank Holding Company Act
of 1956 (12 U.S.C. 1851(h)(1)) is amended--
(1) in subparagraph (D), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and adjusting
the margins accordingly;
(2) by redesignating subparagraphs (A), (B), (C), and (D)
as clauses (i), (ii), (iii), and (iv), respectively, and
adjusting the margins accordingly;
(3) by striking ``institution that functions solely in a
trust or fiduciary capacity, if--''and inserting the following:
``institution--
``(A) that functions solely in a trust or fiduciary
capacity, if--''; and
(4) by striking the period at the end and inserting the
following: ``; or
``(B) with total consolidated assets of
$10,000,000,000 or less if such institution is not
controlled by a company with total consolidated assets
of more than $10,000,000,000 (as such amounts are
adjusted annually by the Board to reflect the
percentage change for the previous calendar year in the
gross domestic product of the United States, as
calculated by the Bureau of Economic Analysis of the
Department of Commerce).''.
(b) Reservation of Authority.--Section 13 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1851) is amended by adding at the end
the following:
``(i) Reservation of Authority for Certain Insured Depository
Institutions.--
``(1) In general.--Notwithstanding subsection (h)(1)(B),
the appropriate Federal banking agency for an insured
depository institution with total consolidated assets of
$10,000,000,000 or less may apply the prohibitions and
restrictions of this section to the activities of the insured
depository institution that, but for subsection (h)(1)(B),
would be subject to the prohibitions and restrictions of this
section if the appropriate Federal banking agency determines
that those activities--
``(A) are inconsistent with traditional banking
activities; or
``(B) due to their nature or volume, pose a risk to
the safety and soundness of the insured depository
institution.
``(2) Notice and response.--Each of the appropriate Federal
banking agencies shall establish a procedure for providing
notice to an insured depository institution of a determination
under paragraph (1) and an opportunity for response.''.
SEC. 917. STUDY OF MORTGAGE SERVICING ASSETS.
(a) Definitions.--In this section:
(1) Banking institution.--The term ``banking institution''
means an insured depository institution, Federal credit union,
State credit union, bank holding company, or savings and loan
holding company.
(2) Basel iii capital requirements.--The term ``Basel III
capital requirements'' means the Global Regulatory Framework
for More Resilient Banks and Banking Systems issued by the
Basel Committee on Banking Supervision on December 16, 2010, as
revised on June 1, 2011.
(3) Federal banking agencies.--The term ``Federal banking
agencies'' means the Board of Governors of the Federal Reserve
System, the Office of the Comptroller of the Currency, the
Federal Deposit Insurance Corporation, and the National Credit
Union Administration.
(4) Mortgage servicing assets.--The term ``mortgage
servicing assets'' means those assets that result from
contracts to service loans secured by real estate, where such
loans are owned by third parties.
(5) NCUA capital requirements.--The term ``NCUA capital
requirements'' means the proposed rule of the National Credit
Union Administration entitled ``Risk-Based Capital'' (80 Fed.
Reg. 4340 (January 27, 2015)).
(6) Other definitions.--
(A) Banking definitions.--The terms ``bank holding
company'', ``insured depository institution'', and
``savings and loan holding company'' have the meanings
given those terms in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813).
(B) Credit union definitions.--The terms ``Federal
credit union'' and ``State credit union'' have the
meanings given those terms in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752).
(b) Study of the Appropriate Capital for Mortgage Servicing
Assets.--
(1) In general.--The Federal banking agencies shall jointly
conduct a study of the appropriate capital requirements for
mortgage servicing assets for banking institutions.
(2) Issues to be studied.--The study required under
paragraph (1) shall include, with a specific focus on banking
institutions--
(A) the risk to banking institutions of holding
mortgage servicing assets;
(B) the history of the market for mortgage
servicing assets, including in particular the market
for those assets in the period of the financial crisis;
(C) the ability of banking institutions to
establish a value for mortgage servicing assets of the
institution through periodic sales or other means;
(D) regulatory approaches to mortgage servicing
assets and capital requirements that may be used to
address concerns about the value of and ability to sell
mortgage servicing assets;
(E) the impact of imposing the Basel III capital
requirements and the NCUA capital requirements on
banking institutions on the ability of those
institutions--
(i) to compete in the mortgage servicing
business, including the need for economies of
scale to compete in that business; and
(ii) to provide service to consumers to
whom the institutions have made mortgage loans;
(F) an analysis of what the mortgage servicing
marketplace would look like if the Basel III capital
requirements and the NCUA capital requirements on
mortgage servicing assets--
(i) were fully implemented; and
(ii) applied to both banking institutions
and nondepository residential mortgage loan
servicers;
(G) the significance of problems with mortgage
servicing assets, if any, in banking institution
failures and problem banking institutions, including
specifically identifying failed banking institutions
where mortgage servicing assets contributed to the
failure; and
(H) an analysis of the relevance of the Basel III
capital requirements and the NCUA capital requirements
on mortgage servicing assets to the banking systems of
other significantly developed countries.
(3) Report to congress.--Not later than 180 days after the
date of enactment of this title, the Federal banking agencies
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report containing--
(A) the results of the study required under
paragraph (1);
(B) any analysis on the specific issue of mortgage
servicing assets undertaken by the Federal banking
agencies before finalizing regulations implementing the
Basel III capital requirements and the NCUA capital
requirements; and
(C) any recommendations for legislative or
regulatory actions that would address concerns about
the value of and ability to sell and the ability of
banking institutions to hold mortgage servicing assets.
SEC. 918. NO WAIT FOR LOWER MORTGAGE RATES.
(a) In General.--Section 129(b) of the Truth in Lending Act (15
U.S.C. 1639(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) No wait for lower rate.--If a creditor extends to a
consumer a second offer of credit with a lower annual
percentage rate, the transaction may be consummated without
regard to the period specified in paragraph (1).''.
(b) Safe Harbor for Good Faith Compliance With TILA-RESPA
Integrated Disclosure Rule.--Section 1032(f) of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5532(f)) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(2) by adding at the end the following:
``(2) Safe harbor for good faith compliance.--
``(A) Safe harbor.--Notwithstanding any other
provision of law, during the period described in
subparagraph (B), an entity that provides the
disclosures required under the Truth in Lending Act (15
U.S.C. 1601 et seq.) and sections 4 and 5 of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C.
2603 and 2604), as in effect on July 31, 2015, shall
not be subject to any civil, criminal, or
administrative action or penalty for failure to fully
comply with any requirement under this subsection.
``(B) Applicable period.--Subparagraph (A) shall
apply to an entity during the period beginning on the
date of enactment of this paragraph and ending on the
date that is 30 days after the date on which a
certification by the Director that the model
disclosures required under paragraph (1) are accurate
and in compliance with all State laws is published in
the Federal Register.''.
SEC. 919. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS.
(a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5101 et seq.) is amended by adding at the end the following:
``SEC. 1518. EMPLOYMENT TRANSITION.
``(a) Temporary License for Persons Moving From a Financial
Institution to a Non-bank Originator.--A registered loan originator
shall be deemed to be a State-licensed loan originator for the 120-day
period beginning on the date on which a State-licensed mortgage lender,
mortgage banker, or mortgage servicer that is not a depository
institution registers with the Nationwide Mortgage Licensing System and
Registry that the registered loan originator is employed by the State-
licensed mortgage lender, mortgage banker, or mortgage servicer, as
applicable.
``(b) Temporary License for Persons Moving Interstate.--A
registered loan originator or State-licensed loan originator in 1 State
shall be deemed to be a State-licensed loan originator in another State
for the 120-day period beginning on the date on which a State-licensed
mortgage lender, mortgage banker, or mortgage servicer in that State
registers with the Nationwide Mortgage Licensing System and Registry
that the registered loan originator or State-licensed loan originator
is employed by the State-licensed mortgage lender, mortgage banker, or
mortgage servicer, as applicable.
``(c) Federal and State Recognition.--The registration provided
under subsections (a) and (b) shall fulfill any licensing or
registration requirement for a loan originator under section 1504 and
any State law or regulation.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Housing and Economic Recovery Act of 2008 (Public Law 110-289; 122
Stat. 2654) is amended by inserting after the item relating to section
1517 the following:
``Sec. 1518. Employment transition.''.
SEC. 920. SHORT FORM CALL REPORTS.
Section 7(a) of the Federal Deposit Insurance Act (12 U.S.C.
1817(a)) is amended by adding at the end the following:
``(12) Short form reporting.--
``(A) Review of reports of condition.--The
appropriate Federal banking agencies shall jointly
review the information and schedules that are required
to be filed by an insured depository institution in a
report of condition required under paragraph (3). As
part of this review, the appropriate Federal banking
agencies shall jointly--
``(i) establish guiding principles for
determining the appropriateness of information
and schedules collected in a report of
condition; and
``(ii) consistent with the principles
established under clause (i), consider and
document the need for each data item collected,
the frequency with which each data item will be
collected, and the population of insured
depository institutions from which each data
item is required.
``(B) Development of short form reports of
condition.--After completing the review required under
subparagraph (A), the appropriate Federal banking
agencies shall jointly develop, to the extent
appropriate, 1 or more report of condition forms that
reduce or eliminate information or schedules required
to be filed by an insured depository institution in a
report of condition required under paragraph (3). Such
form or forms shall, as determined by the appropriate
Federal banking agencies, be appropriate for the size
and complexity of the insured depository institution.
``(C) Reports to congress.--Not later than 180 days
after the date of enactment of this paragraph, and
every 180 days thereafter until the appropriate Federal
banking agencies have jointly completed the
requirements under subparagraphs (A) and (B), the
appropriate Federal banking agencies shall submit to
the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of
the House of Representatives a report describing the
progress made concerning the completion of such
responsibilities.''.
SEC. 921. APPLICATION OF THE EXPEDITED FUNDS AVAILABILITY ACT.
(a) In General.--The Expedited Funds Availability Act (12 U.S.C.
4001 et seq.) is amended--
(1) in section 602 (12 U.S.C. 4001)--
(A) in paragraph (20), by inserting ``, located in
the United States,'' after ``ATM'';
(B) in paragraph (21), by inserting ``American
Samoa, the Commonwealth of the Northern Mariana
Islands,'' after ``Puerto Rico,''; and
(C) in paragraph (23), by inserting ``American
Samoa, the Commonwealth of the Northern Mariana
Islands,'' after ``Puerto Rico,''; and
(2) in section 603(d)(2)(A) (12 U.S.C. 4002(d)(2)(A)), by
inserting ``American Samoa, the Commonwealth of the Northern
Mariana Islands,'' after ``Puerto Rico,''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2016.
SEC. 922. APPLICATION OF THE FEDERAL ADVISORY COMMITTEE ACT.
Section 1013 of the Consumer Financial Protection Act of 2010 (12
U.S.C. 5493) is amended by adding at the end the following:
``(h) Application of FACA.--Notwithstanding any provision of the
Federal Advisory Committee Act (5 U.S.C. App.), such Act shall apply to
each advisory committee of the Bureau and each subcommittee of such an
advisory committee.''.
SEC. 923. BUDGET TRANSPARENCY FOR THE NCUA.
Section 209(b) of the Federal Credit Union Act (12 U.S.C. 1789) is
amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) on an annual basis and prior to the submission of the
detailed business-type budget required under paragraph (2)--
``(A) make publicly available and cause to be
printed in the Federal Register a draft of the detailed
business-type budget; and
``(B) hold a public hearing, with public notice
provided of the hearing, wherein the public may submit
comments on the draft of the detailed business-type
budget;''; and
(3) in paragraph (2), as so redesignated--
(A) by inserting ``detailed'' after ``submit a'';
and
(B) by inserting ``, which shall address any
comment submitted by the public under paragraph
(1)(B)'' after ``Control Act''.
SEC. 924. DATE FOR DETERMINING CONSOLIDATED ASSETS.
Section 171(b)(4)(C) of the Financial Stability Act of 2010 (12
U.S.C. 5371(b)(4)(C)) is amended by inserting ``or March 31, 2010,''
after ``December 31, 2009,''.
SEC. 925. FHLB MEMBERSHIP.
(a) FHLB Membership Proposed Rule.--
(1) Definitions.--In this subsection:
(A) Community development financial institution.--
The term ``community development financial
institution'' has the meaning given that term in
section 103 of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4702).
(B) Covered proposed rule.--The term ``covered
proposed rule'' means the proposed rule of the Federal
Housing Finance Agency entitled ``Members of Federal
Home Loan Banks'' (79 Fed. Reg. 54848 (September 12,
2014)).
(C) Other terms from the federal home loan bank
act.--The terms ``community financial institution'',
``Federal Home Loan Bank'', and ``Federal Home Loan
Bank System'' have the meanings given those terms in
section 2 of the Federal Home Loan Bank Act (12 U.S.C.
1422).
(2) Withdrawal of proposed rule.--Not later than 30 days
after the date of enactment of this title, the Federal Housing
Finance Agency shall withdraw the covered proposed rule.
(3) GAO study and report on proposed rule.--
(A) Study.--
(i) In general.--The Comptroller General of
the United States shall conduct a study on the
impact that the covered proposed rule would
have, if adopted as proposed, on--
(I) the ability of the Federal Home
Loan Banks to fulfill the mandate to
provide liquidity to support housing
finance and economic and community
development;
(II) the safety and soundness of
the Federal Home Loan Bank System;
(III) the liquidity needs of
financial intermediaries;
(IV) the stability of the Federal
Home Loan Bank System;
(V) the benefits of a diverse
membership base for Federal Home Loan
Banks; and
(VI) the ability of member
institutions to rely on access to
Federal Home Loan Bank advances.
(ii) Considerations.--In conducting the
study under clause (i), the Comptroller General
of the United States shall consider--
(I) the comment letters submitted
in response to the notice of proposed
rulemaking for the covered proposed
rule;
(II) the legislative and
administrative history of the Federal
Home Loan Bank membership rules;
(III) the burden placed on
community financial institutions and
community development financial
institutions; and
(IV) the legal authority of the
Federal Housing Finance Agency to
exclude from membership any class or
category of insurance companies.
(B) Report.--Not later than 1 year after the date
of enactment of this title, the Comptroller General of
the United States shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of
Representatives a report on the findings of the study
conducted under subparagraph (A)(i).
(b) Credit Union Parity for FHLB Membership Eligibility.--Section
2(10)(A)(i) of the Federal Home Loan Bank Act (12 U.S.C.
1422(10)(A)(i)) is amended to read as follows:
``(i) the deposits of which--
``(I) are insured under the Federal
Deposit Insurance Act (12 U.S.C. 1811
et seq.); or
``(II) are insured under or
eligible to be insured under the
Federal Credit Union Act (12 U.S.C.
1751 et seq.); and''.
SEC. 926. ENSURING A COMPREHENSIVE REGULATORY REVIEW.
Section 2222 of the Economic Growth and Regulatory Paperwork
Reduction Act of 1996 (12 U.S.C. 3311) is amended--
(1) in subsection (a)--
(A) by striking ``each appropriate Federal banking
agency represented on the Council'' and inserting
``each of the Office of the Comptroller of the
Currency, the Federal Deposit Insurance Corporation,
the Board of Governors of the Federal Reserve System,
the Bureau of Consumer Financial Protection, and the
National Credit Union Administration Board as the
Federal agency representatives on the Council'';
(B) by inserting ``, joint or otherwise, and
including all regulations issued pursuant to any
authority provided under the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203;
124 Stat. 1376),'' after ``prescribed by the Council'';
(C) by striking ``any such appropriate Federal
banking agency'' and inserting ``any such Federal
agency''; and
(D) by striking ``insured depository institutions''
and inserting ``financial institutions'';
(2) in subsections (b), (c), and (d), by striking ``the
appropriate Federal banking agency'' each place that term
appears and inserting ``the appropriate Federal agency''; and
(3) in subsection (e)--
(A) in paragraph (1), by striking ``the appropriate
Federal banking agencies'' and inserting ``the
appropriate Federal agencies''; and
(B) in paragraph (2), by striking ``the appropriate
Federal banking agency'' and inserting ``the
appropriate Federal agency''.
SEC. 927. PROHIBITION ON IMPLEMENTATION OR PARTICIPATION IN OPERATION
CHOKE POINT.
The Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the Board of Governors of the Federal
Reserve System, the Bureau of Consumer Financial Protection, or the
National Credit Union Administration may not implement or participate
in the Operation Choke Point initiative of the Department of Justice.
SEC. 928. EXEMPTIVE AUTHORITY.
(a) Exemptive Authority for the Federal Deposit Insurance
Corporation.--Section 10 of the Federal Deposit Insurance Act (12
U.S.C. 1820) is amended by adding at the end the following:
``(l) Exemptive Authority.--
``(1) In general.--Notwithstanding any other provision of
law, the Corporation, after considering the factors in
paragraph (3), may exempt by rule any depository institution
having less than $10,000,000,000 in total assets from--
``(A) any provision of this Act;
``(B) any rule promulgated under this Act; or
``(C) any rule promulgated under any other Act
conferring authority to the Corporation.
``(2) Conditions.--The Corporation may impose conditions on
an exemption granted under paragraph (1).
``(3) Factors to consider.--In issuing an exemption under
paragraph (1), the Corporation shall consider, as appropriate,
the extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the depository
institution;
``(B) the provision or rule is unnecessary or
unwarranted in order to promote the safety and
soundness of the depository institution; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.
``(4) Adjustment for changes in gross domestic product.--
The asset threshold identified in paragraph (1) shall be
adjusted annually by the Corporation to reflect the percentage
change for the previous calendar year in the gross domestic
product of the United States, as calculated by the Bureau of
Economic Analysis of the Department of Commerce.''.
(b) Exemptive Authority for the Office of the Comptroller of the
Currency.--
(1) Exemptive authority for national banks.--Section 5239A
of the Revised Statutes is amended--
(A) by striking ``Except'' and inserting the
following:
``(a) In General.--Except''.; and
(B) by adding at the end the following:
``(b) Exemptive Authority.--
``(1) Definition.--In this subsection, the term `insured
depository institution' has the meaning given the term in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
``(2) Exemption.--Notwithstanding any other provision of
law, the Comptroller of the Currency, after considering the
factors in paragraph (4), may exempt by rule any national bank
having less than $10,000,000,000 in total assets from--
``(A) any provision of this title;
``(B) any rule promulgated under this title; or
``(C) any rule promulgated under any other title or
Act that confers authority to the Comptroller.
``(3) Conditions.--The Comptroller may impose conditions on
an exemption granted under paragraph (2).
``(4) Factors to consider.--In issuing an exemption under
paragraph (2), the Comptroller shall consider, as appropriate,
the extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the national
bank;
``(B) the provision or rule is unnecessary or
unwarranted to promote the safety and soundness of the
national bank; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.
``(5) Adjustment for changes in gross domestic product.--
The asset threshold identified in paragraph (2) shall be
adjusted annually by the Comptroller to reflect the percentage
change for the previous calendar year in the gross domestic
product of the United States, as calculated by the Bureau of
Economic Analysis of the Department of Commerce.''.
(2) Exemptive authority for savings associations.--Section
4(a) of the Home Owners' Loan Act (12 U.S.C. 1463) is amended
by adding at the end the following:
``(4) Exemptive authority.--
``(A) Definition.--In this paragraph, the term
`insured depository institution' has the meaning given
the term in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813).
``(B) Exemption.--Notwithstanding any other
provision of law, the Comptroller of the Currency,
after considering the factors in subparagraph (D), may
exempt by rule any savings association having less than
$10,000,000,000 in total assets from--
``(i) any provision of this title;
``(ii) any rule promulgated under this
title; or
``(iii) any rule promulgated under any
other title or act conferring authority on the
Comptroller.
``(C) Conditions.--The Comptroller may impose
conditions on an exemption granted under subparagraph
(B).
``(D) Factors to consider.--In issuing an exemption
under subparagraph (B), the Comptroller shall consider,
as appropriate, the extent to which--
``(i) the provision or rule would impose an
unnecessary or undue burden or cost on the
savings association;
``(ii) the provision or rule is unnecessary
or unwarranted to promote the safety and
soundness of the savings association; and
``(iii) the exemption is necessary,
appropriate, or consistent with the public
interest.
``(E) Adjustment for changes in gross domestic
product.--The asset threshold identified in
subparagraph (B) shall be adjusted annually by the
Comptroller to reflect the percentage change for the
previous calendar year in the gross domestic product of
the United States, as calculated by the Bureau of
Economic Analysis of the Department of Commerce.''.
(c) Exemptive Authority for the Board of Governors of the Federal
Reserve System.--
(1) Exemptive authority for state member banks.--Section 11
of the Federal Reserve Act (12 U.S.C. 248) is amended by adding
at the end the following:
``(t) Exemptive Authority.--
``(1) Definition.--In this section, the term `insured
depository institution' has the meaning given the term in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
``(2) Exemption.--Notwithstanding any other provision of
law, the Board, after considering the factors in paragraph (4),
may exempt by rule any state member bank having less than
$10,000,000,000 in total assets from--
``(A) any provision of this Act;
``(B) any rule promulgated under this Act; or
``(C) any rule promulgated under any other act
conferring authority on the Board.
``(3) Conditions.--The Board may impose conditions on an
exemption granted under paragraph (2).
``(4) Factors to consider.--In issuing an exemption under
paragraph (2), the Board shall consider, as appropriate, the
extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the state member
bank;
``(B) the provision or rule is unnecessary or
unwarranted to promote the safety and soundness of the
state member bank; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.
``(5) Adjustment for changes in gross domestic product.--
The asset threshold identified in paragraph (2) shall be
adjusted annually by the Board to reflect the percentage change
for the previous calendar year in the gross domestic product of
the United States, as calculated by the Bureau of Economic
Analysis of the Department of Commerce.''.
(2) Exemptive authority for bank holding companies.--The
Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is
amended by adding at the end the following:
``SEC. 15. EXEMPTIVE AUTHORITY.
``(a) Definition.--In this section, the term `insured depository
institution' has the meaning given the term in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813).
``(b) Exemption.--Notwithstanding any other provision of law, the
Board, after considering the factors in subsection (d), may exempt by
rule any bank holding company having less than $10,000,000,000 in total
assets from--
``(1) any provision of this Act;
``(2) any rule promulgated under this Act; or
``(3) any rule promulgated under any other act conferring
authority on the Board.
``(c) Conditions.--The Board may impose conditions on an exemption
granted under subsection (b).
``(d) Factors to Consider.--In issuing an exemption under
subsection (b), the Board shall consider, as appropriate, the extent to
which--
``(1) the provision or rule would impose an unnecessary or
undue burden or cost on the bank holding company;
``(2) the provision or rule is unnecessary or unwarranted
to promote the safety and soundness of the bank holding
company; and
``(3) the exemption is necessary, appropriate, or
consistent with the public interest.
``(e) Adjustment for Changes in Gross Domestic Product.--The asset
threshold identified in subsection (b) shall be adjusted annually by
the Board to reflect the percentage change for the previous calendar
year in the gross domestic product of the United States, as calculated
by the Bureau of Economic Analysis of the Department of Commerce.''.
(3) Exemptive authority for savings and loan holding
companies and mutual holding companies.--Section 10 of the Home
Owners' Loan Act (12 U.S.C. 1467a) is amended by adding at the
end the following:
``(u) Exemptive Authority.--
``(1) Definitions.--In this subsection--
``(A) the term `insured depository institution' has
the meaning given the term in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813); and
``(B) the term `mutual holding company' has the
meaning given the term in subsection (o)(10)(A).
``(2) Exemption.--Notwithstanding any other provision of
law, the Board, after considering the factors in paragraph (4),
may exempt by rule any savings and loan holding company or any
mutual holding company having less than $10,000,000,000 in
total assets from--
``(A) any provision of this Act;
``(B) any rule promulgated under this Act; or
``(C) any rule promulgated under any other Act
conferring authority on the Board.
``(3) Conditions.--The Board may impose conditions on an
exemption granted under paragraph (2).
``(4) Factors to consider.--In issuing an exemption under
paragraph (2), the Board shall consider the extent to which--
``(A) the provision or rule would impose an
unnecessary or undue burden or cost on the savings and
loan holding company or the mutual holding company;
``(B) the provision or rule is unnecessary or
unwarranted to promote the safety and soundness of the
savings and loan holding company or the mutual holding
company; and
``(C) the exemption is necessary, appropriate, or
consistent with the public interest.
``(5) Limitation.--The authority granted under paragraph
(2) shall not apply with respect to a savings and loan holding
company described in subsection (c)(9)(C).
``(6) Adjustment for changes in gross domestic product.--
The asset threshold identified in paragraph (2) shall be
adjusted annually by the Board to reflect the percentage change
for the previous calendar year in the gross domestic product of
the United States, as calculated by the Bureau of Economic
Analysis of the Department of Commerce.''.
Subtitle B--Systemically Important Bank Holding Companies
SEC. 931. REVISIONS TO COUNCIL AUTHORITY.
(a) Purposes and Duties.--Section 112(a)(2)(I) of the Financial
Stability Act of 2010 (12 U.S.C. 5322(a)(2)(I)) is amended--
(1) by striking ``and large, interconnected bank holding
companies''; and
(2) by inserting ``and bank holding companies subject to a
determination under section 113A(a)'' before the semicolon at
the end.
(b) Authority to Require Supervision and Regulation of Certain Bank
Holding Companies.--The Financial Stability Act of 2010 (12 U.S.C. 5311
et seq.) is amended by adding after section 113 (12 U.S.C. 5323) the
following:
``SEC. 113A. AUTHORITY TO REQUIRE SUPERVISION AND REGULATION OF
SYSTEMICALLY IMPORTANT BANK HOLDING COMPANIES.
``(a) In General.--The Council may, in accordance with the
procedures described in subsections (c) and (d), determine that a bank
holding company shall be deemed systemically important.
``(b) Considerations.--
``(1) The Council shall, not later than 90 days after the
date of enactment of this section, issue regulations describing
with specificity the factors that the Council will use to make
a determination under subsection (a). Such factors shall
initially include the following:
``(A) The size of the bank holding company.
``(B) The interconnectedness of the bank holding
company.
``(C) The extent of readily available substitutes
or financial institution infrastructure for the
services provided by the bank holding company.
``(D) The global cross-jurisdictional activity of
the bank holding company.
``(E) The complexity of the bank holding company.
``(2) The Council may, by regulation, add to, subtract, or
modify the factors used by the Council pursuant to paragraph
(1) if the Council--
``(A) provides notice to the public and opportunity
for comment on any proposed changes;
``(B) explains, as part of the notice required in
subparagraph (A), with specificity how any proposed
changes would result in factors that more accurately
measure the threat that the material financial distress
of a bank holding company could pose to the financial
stability of the United States, in comparison with the
existing factors; and
``(C) finds, on a nondelegable basis and by a vote
of not fewer than \2/3\ of the voting members then
serving, including an affirmative vote by the
Chairperson, that such a change would result in factors
that more accurately measure the threat that the
material financial distress of a bank holding company
could pose to the financial stability of the United
States, in comparison with the existing factors.
``(c) Bank Holding Companies Deemed Systemically Important.--
``(1) In general.--With respect to a bank holding company
with total consolidated assets of not less than $50,000,000,000
and not more than $500,000,000,000 (as such amounts are
adjusted annually by the Council to reflect the percentage
change for the previous calendar year in the gross domestic
product of the United States, as calculated by the Bureau of
Economic Analysis of the Department of Commerce), the Council
may, on a nondelegable basis and by a vote of not fewer than
\2/3\ of the voting members then serving, including an
affirmative vote by the Chairperson, make a determination under
subsection (a) if the Council determines, based on the factors
considered pursuant to subsection (b), that the material
financial distress of a bank holding company could pose a
threat to the financial stability of the United States.
``(2) Requirements for proposed determination, notice and
opportunity for hearing, and final determination.--
``(A) Initial evaluation by the board of
governors.--The Board of Governors may identify a bank
holding company for an evaluation of whether, based on
the factors considered pursuant to subsection (b), the
material financial distress of the bank holding company
could pose a threat to the financial stability of the
United States. Upon identifying such bank holding
company, the Board of Governors--
``(i) shall provide the bank holding
company with--
``(I) a written notice that shall
include any quantitative analysis used
in identifying the bank holding company
and shall explain with specificity the
basis for identifying the bank holding
company;
``(II) an opportunity to submit
written materials for consideration by
the Board of Governors as part of an
evaluation by the Board of Governors
under clause (ii); and
``(III) an opportunity to meet with
representatives of the Board of
Governors to discuss the analysis
conducted by the Board of Governors to
identify the bank holding company;
``(ii) may, after fulfilling the
requirements of clause (i), evaluate whether,
based on the factors considered pursuant to
subsection (b), the material financial distress
of the bank holding company could pose a threat
to the financial stability of the United
States;
``(iii) may, at the conclusion of an
evaluation under clause (ii), make a
recommendation to the Council that the Council
perform an evaluation under subparagraph
(B)(ii)(I); and
``(iv) shall, if a recommendation is made
under clause (iii), provide written notice to
the bank holding company that a recommendation
was made, which notice shall include a detailed
explanation of the basis for the
recommendation, including how each factor
considered pursuant to subsection (b) relates
to the potential threat posed by the bank
holding company to the financial stability of
the United States.
``(B) Evaluation by the council.--
``(i) In general.--The Council may only
make a proposed determination with respect to a
bank holding company under subparagraph (C)(i)
if the Council--
``(I) has received a recommendation
under subparagraph (A)(iii) with
respect to the bank holding company; or
``(II) not earlier than the
effective date of this section, and
after consultation and coordination
with the Board of Governors, on a
nondelegable basis and by a vote of not
fewer than \2/3\ of the voting members
then serving, including an affirmative
vote by the Chairperson, decides to
evaluate the bank holding company for a
proposed determination under
subparagraph (C)(i).
``(ii) Requirements before making a
proposed determination.--Before making a
proposed determination with respect to a bank
holding company under subparagraph (C)(i), and
after receiving a recommendation under clause
(i)(I) or making a decision under clause
(i)(II), the Council shall--
``(I) perform an evaluation of the
bank holding company, including an
evaluation of--
``(aa) whether the material
financial distress of the bank
holding company could pose a
threat to the financial
stability of the United States;
and
``(bb) how each of the
factors considered pursuant to
subsection (b) relates to the
potential threat posed by the
bank holding company to the
financial stability of the
United States; and
``(II) provide the bank holding
company with--
``(aa) a written notice
that the bank holding company
is being evaluated;
``(bb) an opportunity to
meet with representatives of
the Council to discuss the
evaluation by the Council; and
``(cc) an opportunity to
submit written materials to the
Council, within such time as
the Council deems appropriate
(but not earlier than 30 days
after the date of receipt of
the notice under item (aa)).
``(C) Proposed determination.--
``(i) Voting.--After fulfilling the
requirements of subparagraph (B), the Council
may, on a nondelegable basis and by a vote of
not fewer than \2/3\ of the voting members then
serving, including an affirmative vote by the
Chairperson, propose to make a determination
under paragraph (1) with respect to a bank
holding company.
``(ii) Notice of proposed determination.--
If the Council makes a proposed determination
under clause (i), the Council shall provide a
notice to the bank holding company, which
notice shall contain the basis for the proposed
determination, including a detailed explanation
of the evaluation performed under subparagraph
(B)(ii)(I).
``(D) Requirements before final determination.--
After making a proposed determination under
subparagraph (C)(i) and prior to making a final
determination under paragraph (1), the Council shall--
``(i) not later than 30 days after the date
of receipt of any notice under subparagraph
(C)(ii), provide the bank holding company with
an opportunity to request, in writing, a
hearing before the Council to contest the
proposed determination;
``(ii) if the Council receives a timely
request under clause (i), fix a time (not
earlier than 30 days after the date of receipt
of the request) and place at which the bank
holding company may appear, personally or
through counsel, to, at the discretion of the
bank holding company--
``(I) submit a plan to modify the
business, structure, or operations of
the bank holding company in order to
address the factors and the potential
threat posed by the bank holding
company to the financial stability of
the United States identified pursuant
to subparagraph (C)(ii);
``(II) submit written materials in
addition to or separate from the plan
described in subclause (I); and
``(III) provide oral testimony and
oral argument to the members of the
Council, with not fewer than \2/3\ of
the voting members of the Council,
including the Chairperson, in
attendance; and
``(iii) in the event a plan is submitted to
the Council under clause (ii)(I)--
``(I) consider whether the plan, if
implemented, would address the factors
and the potential threat posed by the
bank holding company to the financial
stability of the United States
identified pursuant to subparagraph
(C)(ii); and
``(II) provide the bank holding
company with--
``(aa) analysis of whether
and to what extent the plan
addresses the factors and the
potential threat posed by the
bank holding company to the
financial stability of the
United States identified
pursuant to subparagraph
(C)(ii);
``(bb) an opportunity to
meet with representatives of
the Council to discuss the
analysis provided under item
(aa); and
``(cc) an opportunity to
revise the plan after
discussions with
representatives of the Council.
``(E) Final determination.--
``(i) In general.--After fulfilling the
requirements of subparagraph (D), and not later
than 90 days after the date on which a hearing
is held under subparagraph (D)(ii), the Council
may vote to make a final determination under
paragraph (1). The Council may delay the vote
up to 1 additional year after the conclusion of
the 90-day period if considering a plan under
subparagraph (D)(iii).
``(ii) Outcome of the vote.--If the Council
votes on a final determination under paragraph
(1), the Council shall promptly inform the bank
holding company of the outcome of the vote in
writing.
``(iii) Notice of final determination.--If
the Council votes to make a final determination
under paragraph (1), the Council shall, not
later than 30 days after the date of the vote,
provide a notice to the bank holding company,
which notice shall contain--
``(I) the basis for the
determination, including--
``(aa) a detailed analysis
of any plan submitted by the
bank holding company and
considered by the Council under
subparagraph (D), if
applicable, which analysis
shall, at a minimum, include--
``(AA) whether and
to what extent
successful
implementation of the
plan could address the
factors and the
potential threat posed
by the bank holding
company to the
financial stability of
the United States
identified pursuant to
subparagraph (C)(ii);
and
``(BB) a detailed
explanation of why the
plan would not address
the factors and the
potential threat posed
by the bank holding
company to the
financial stability of
the United States
identified pursuant to
subparagraph (C)(ii),
if the Council, during
its consideration of
the plan under
subparagraph
(D)(iii)(I), concluded
that the plan would not
address such factors or
potential threat;
``(bb) the reasons why the
materials and other information
submitted or provided by the
bank holding company under
subclauses (II) and (III) of
subparagraph (D)(ii) did not
address the potential threat
posed by the bank holding
company to the financial
stability of the United States;
``(cc) a detailed analysis
of how the factors, including
an explanation of how each
factor relates to the potential
threat posed by the bank
holding company to the
financial stability of the
United States, that the Council
considered pursuant to
subsection (b) resulted in the
final determination under
paragraph (1); and
``(dd) specific aspects of
the business, operations, or
structure of the bank holding
company that the Council
believes could pose a threat to
the financial stability of the
United States, including an
assessment by the Council of
the probability and magnitude
of the threat; and
``(II) an explanation of actions
the bank holding company could take in
order for the Council to rescind the
determination.
``(3) Reevaluation and rescission.--
``(A) Reevaluation requirement.--The Council shall,
in accordance with this paragraph, reevaluate a final
determination made under paragraph (1) with respect to
a bank holding company--
``(i) if, at any time, the Board of
Governors recommends that the Council do so;
and
``(ii) not less frequently than once every
5 years.
``(B) Reevaluation procedure.--The Council, in
conducting any reevaluation of a bank holding company
required under subparagraph (A), shall--
``(i) provide a written notice to the bank
holding company being reevaluated;
``(ii) afford the bank holding company an
opportunity to submit a plan, within such time
as the Council determines to be appropriate
(but which shall be not earlier than 30 days
after the date of receipt by the bank holding
company of the notice provided under clause
(i)), to modify the business, structure, or
operations of the bank holding company;
``(iii) afford the bank holding company an
opportunity to submit written materials in
addition to, or separate from, the plan
described in clause (ii), within such time as
the Council determines to be appropriate (but
which shall be not earlier than 30 days after
the date of receipt by the bank holding company
of the notice provided under clause (i)), to
contest the determination, including materials
concerning whether, in the view of the bank
holding company, the material financial
distress at the bank holding company could pose
a threat to the financial stability of the
United States;
``(iv) provide an opportunity for the bank
holding company to meet with representatives of
the Council to present the information
described in clauses (ii) and (iii);
``(v) not earlier than 30 days after the
date of receipt of any notice under clause (i),
provide the bank holding company with an
opportunity to request, in writing, a hearing
before the Council to contest its final
determination under paragraph (1); and
``(vi) if the Council receives a timely
request under clause (v), fix a time (not
earlier than 30 days after the date of receipt
of the request) and place at which the bank
holding company may appear, personally or
through counsel, to, at the discretion of the
bank holding company, provide oral testimony
and oral argument to the members of the
Council, with not fewer than \2/3\ of the
voting members of the Council, including the
Chairperson, in attendance.
``(C) Company plan.--If a bank holding company
submits a plan in accordance with subparagraph (B)(ii),
the Council shall--
``(i) consider whether the plan, if
implemented, would result in the bank holding
company no longer meeting the criteria for a
final determination under paragraph (1); and
``(ii) provide the bank holding company
with--
``(I) analysis of whether and to
what extent the plan addresses the
potential threat posed by the bank
holding company to the financial
stability of the United States;
``(II) an opportunity to meet with
representatives of the Council to
discuss the analysis provided under
subclause (I); and
``(III) an opportunity to revise
the plan after discussions with
representatives of the Council.
``(D) Voting and explanation.--
``(i) In general.--After evaluating the
materials and information provided by a bank
holding company under subparagraph (B) and
fulfilling the requirements of subparagraph
(C), and not later than 180 days after the date
of receipt by the bank holding company of the
notice provided under subparagraph (B)(i), the
Council shall, on a nondelegable basis and by a
vote of not fewer than \2/3\ of the voting
members then serving, including an affirmative
vote by the Chairperson, determine whether to
renew a final determination under paragraph
(1).
``(ii) Notice of final determination.--If
the Council votes to renew a final
determination under clause (i), the Council
shall provide a notice to the bank holding
company with the reasons for the decision by
the Council, which notice shall address with
specificity--
``(I) any changes to the basis for
the final determination decision made
under paragraph (1) since the date on
which the final determination under
paragraph (1) was made, including any
changes to the information provided to
the bank holding company under--
``(aa) paragraph
(2)(E)(iii)(I)(cc); or
``(bb) this clause, in
prior years;
``(II) any plan submitted by the
bank holding company and considered by
the Council under subparagraph (C), and
shall, at a minimum, include--
``(aa) a detailed analysis
of whether and to what extent
successful implementation of
the plan could result in the
bank holding company no longer
meeting the criteria for a
final determination under
paragraph (1); and
``(bb) a detailed
explanation of why, if the plan
were implemented, the bank
holding company would still
meet the criteria for a final
determination under paragraph
(1), if the Council, during its
consideration of the plan under
subparagraph (C), concluded
that the bank holding company
would still meet those criteria
if the plan were implemented;
``(III) aspects of the business,
operations, or structure of the bank
holding company that the Council
believes could pose a threat to the
financial stability of the United
States, including the probability and
magnitude of that threat; and
``(IV) an explanation of actions
the bank holding company could take in
order for the Council to rescind the
determination.
``(iii) No final determination.--If the
Council does not vote to renew a final
determination under clause (i), then the
existing final determination under paragraph
(1) shall be rescinded and the Council shall
inform the bank holding company in writing.
``(iv) Voting threshold for rescission of
determination.--Notwithstanding clause (iii),
the Council may, at any time, on a nondelegable
basis and by a vote of not fewer than \2/3\ of
the voting members then serving, including an
affirmative vote by the Chairperson, determine
that a bank holding company no longer meets the
criteria for a final determination under
paragraph (1), in which case the Council shall
rescind the final determination.
``(4) Emergency exception.--
``(A) In general.--The Council may waive or modify
the requirements of paragraph (2) with respect to a
bank holding company with total consolidated assets of
not less than $50,000,000,000 and not more than
$500,000,000,000 (as such amounts are adjusted annually
by the Council to reflect the percentage change for the
previous calendar year in the gross domestic product of
the United States, as calculated by the Bureau of
Economic Analysis of the Department of Commerce) if the
Council determines, on a nondelegable basis and by a
vote of not fewer than \2/3\ of the voting members then
serving, including an affirmative vote by the
Chairperson, that such waiver or modification is
necessary or appropriate to prevent or mitigate threats
posed by the bank holding company to the financial
stability of the United States.
``(B) Notice.--The Council shall provide notice of
a waiver or modification under this paragraph to the
bank holding company concerned as soon as practicable,
but not later than 24 hours after the waiver or
modification is granted.
``(C) International coordination.--In making a
determination under subparagraph (A), the Council shall
consult with the appropriate home country supervisor,
if any, of a foreign bank holding company that is being
considered for such a determination.
``(D) Opportunity for hearing.--The Council shall
allow a bank holding company to request, in writing, an
opportunity for a hearing before the Council to contest
a waiver or modification under this paragraph, not
later than 10 days after the date of receipt of the
notice of waiver or modification. Upon receipt of a
timely request, the Council shall fix a time (not later
than 15 days after the date of receipt of the request)
and place at which the bank holding company may appear,
personally or through counsel, to submit written
materials (or, at the sole discretion of the Council,
oral testimony and oral argument).
``(E) Notice of final determination.--Not later
than 30 days after the date of any hearing under
subparagraph (D), the Council shall notify the subject
bank holding company of the final determination of the
Council under this paragraph, which shall contain a
statement of the basis for the decision of the Council.
``(5) Consultation.--The Council shall consult with the
primary financial regulatory agency for each bank holding
company that is being considered by the Council under this
section from the outset of the consideration of the bank
holding company by the Council, including before the Council
makes any proposed determination under paragraph (2)(C)(i) or
final determination under paragraph (1).
``(6) Judicial review.--If the Council makes or renews a
final determination under this subsection with respect to a
bank holding company, such bank holding company may, not later
than 30 days after the date of receipt of the notice of final
determination under paragraph (2)(E)(iii) or of renewal of a
final determination under paragraph (3)(D)(ii), bring an action
in the United States district court for the judicial district
in which the home office of such bank holding company is
located, or in the United States District Court for the
District of Columbia, for an order requiring that the final
determination be rescinded, and the court shall, upon review,
dismiss such action or direct the final determination to be
rescinded. Review of such an action shall be limited to whether
the final determination made under this subsection was
arbitrary and capricious.
``(7) Public disclosure requirement.--The Council shall--
``(A) in each case that a bank holding company has
received a notice under paragraph (2)(B)(ii)(II)(aa),
and the bank holding company has publicly disclosed
that the bank holding company is being evaluated by the
Council, confirm that the bank holding company is being
evaluated by the Council, in response to a request from
a third party;
``(B) upon making a final determination under
paragraph (1) or renewing a final determination under
paragraph (3)(D)(i), publicly provide a detailed
written explanation of the basis for the final
determination with sufficient detail to provide the
public with an understanding of the specific bases of
the determination by the Council, including any
assumptions related thereof, subject to the
requirements of section 112(d)(5); and
``(C) include, in the annual report required under
section 112--
``(i) the number of bank holding companies
from the previous year that received a notice
under paragraph (2)(B)(ii)(II)(aa);
``(ii) the number of bank holding companies
from the previous year that were subject to a
proposed determination under paragraph
(2)(C)(i); and
``(iii) the number of bank holding
companies from the previous year that were
subject to a final determination under
paragraph (1).
``(d) Bank Holding Companies Automatically Deemed Systemically
Important.--
``(1) Automatic determination.--A bank holding company with
total consolidated assets of more than $500,000,000,000 (as
such amount is adjusted annually by the Council to reflect the
percentage change for the previous calendar year in the gross
domestic product of the United States, as calculated by the
Bureau of Economic Analysis of the Department of Commerce)
shall automatically be subject to a determination under
subsection (a).
``(2) Rule of construction.--
``(A) Bank holding company increasing in size.--If,
subsequent to the effective date, a bank holding
company that was previously subject to a final
determination under subsection (c)(1) grows to have
total consolidated assets of more than $500,000,000,000
(as such amount is adjusted annually by the Council to
reflect the percentage change for the previous calendar
year in the gross domestic product of the United
States, as calculated by the Bureau of Economic
Analysis of the Department of Commerce) for a period of
180 consecutive days, the bank holding company shall be
subject to an automatic determination under paragraph
(1) and not subject to a determination under subsection
(c)(1) for the purposes of this section.
``(B) Bank holding company decreasing in size.--If
a bank holding company subject to an automatic
determination under paragraph (1) decreases in size,
such that the bank holding company no longer is a bank
holding company with total consolidated assets of more
than $500,000,000,000 (as such amount is adjusted
annually by the Council to reflect the percentage
change for the previous calendar year in the gross
domestic product of the United States, as calculated by
the Bureau of Economic Analysis of the Department of
Commerce) for a period of 180 consecutive days, the
bank holding company shall be considered subject to a
final determination under subsection (c)(1) and not
subject to an automatic determination under paragraph
(1) for the purposes of this section.
``(e) International Coordination.--In exercising its duties under
this title with respect to foreign bank holding companies, foreign-
based bank holding companies, and cross-border activities and markets,
the Council shall consult with appropriate foreign regulatory
authorities, to the extent appropriate.''.
(c) Enhanced Supervision.--Section 115 of the Financial Stability
Act of 2010 (12 U.S.C. 5325) is amended--
(1) in subsection (a)--
(A) in the matter preceding subparagraph (A) of
paragraph (1), by striking ``large, interconnected bank
holding companies'' and inserting ``bank holding
companies subject to a determination under section
113A(a)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``;
or'' and inserting a period;
(ii) by striking ``the Council may'' and
all that follows through ``differentiate'' and
inserting ``the Council may differentiate'';
and
(iii) by striking subparagraph (B); and
(2) in subsection (b)(3), by inserting ``and the factors
used by the Council pursuant to section 113A(b)'' after
``subsections (a) and (b) of section 113'' each place that term
appears.
(d) Reports.--The matter preceding paragraph (1) of section 116(a)
of the Financial Stability Act of 2010 (12 U.S.C. 5326(a)) is amended
by striking ``with total consolidated assets of $50,000,000,000 or
greater'' and inserting ``subject to a determination under section
113A(a)''.
(e) Mitigation.--Section 121 of the Financial Stability Act of 2010
(12 U.S.C. 5331) is amended--
(1) in the matter preceding paragraph (1) of subsection
(a), by striking ``with total consolidated assets of
$50,000,000,000 or more'' and inserting ``subject to a
determination under section 113A(a)''; and
(2) in subsection (c), by inserting ``in the case of a
nonbank financial company, and the factors used by the Council
pursuant to section 113A(b) in the case of a bank holding
company'' after ``as applicable,''.
(f) Office of Financial Research.--Section 155(d) of the Financial
Stability Act of 2010 (12 U.S.C. 5345(d)) is amended by striking ``with
total consolidated assets of 50,000,000,000 or greater'' and inserting
``subject to a determination under section 113A(a)''.
SEC. 932. REVISIONS TO BOARD AUTHORITY.
(a) Acquisitions.--Section 163 of the Financial Stability Act of
2010 (12 U.S.C. 5363) is amended by striking ``with total consolidated
assets equal to or greater than $50,000,000,000'' each place that term
appears and inserting ``subject to a determination under section
113A(a)''.
(b) Management Interlocks.--Section 164 of the Financial Stability
Act of 2010 (12 U.S.C. 5364) is amended by striking ``with total
consolidated assets equal to or greater than $50,000,000,000'' and
inserting ``subject to a determination under section 113A(a)''.
(c) Enhanced Supervision and Prudential Standards.--Section 165 of
the Financial Stability Act of 2010 (12 U.S.C. 5365) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``with total
consolidated assets equal to or greater than
$50,000,000,000'' and inserting ``subject to a
determination under section 113A(a)''; and
(B) in paragraph (2)--
(i) by striking ``Application'' and all
that follows through ``In prescribing'' and
inserting ``Application.--In prescribing''; and
(ii) by striking subparagraph (B);
(2) in subsection (b)(3), by inserting ``and the factors
used by the Council pursuant to section 113A(b)'' after
``subsections (a) and (b) of section 113'' each place that term
appears;
(3) in subsection (h), by striking ``$10,000,000,000'' each
place that term appears and inserting ``$50,000,000,000 (as
such amount is adjusted annually by the Council to reflect the
percentage change for the previous calendar year in the gross
domestic product of the United States, as calculated by the
Bureau of Economic Analysis of the Department of Commerce)'';
(4) in subsection (i)(2)(A), by striking
``$10,000,000,000'' and inserting ``$50,000,000,000 (as such
amount is adjusted annually by the Council to reflect the
percentage change for the previous calendar year in the gross
domestic product of the United States, as calculated by the
Bureau of Economic Analysis of the Department of Commerce)'';
and
(5) in subsection (j)--
(A) in paragraph (1), by striking ``with total
consolidated assets equal to or greater than
$50,000,000,000'' and inserting ``described in
subsection (a)''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Considerations.--In making a determination under this
subsection, the Council shall--
``(A) in the case of a nonbank financial company
supervised by the Board of Governors, consider the
factors described in subsections (a) and (b) of section
113 and any other risk-related factors that the Council
deems appropriate; and
``(B) in the case of a bank holding company
described in subsection (a), consider the factors used
by the Council pursuant to section 113A(b).''.
(d) Conforming Amendment.--The second subsection designated as
subsection (s)(2) of the Federal Reserve Act (12 U.S.C. 248(s)(2))
(relating to assessments, fees, and other charges for certain
companies) is amended--
(1) in subparagraph (A), by striking ``having total
consolidated assets of $50,000,000,000 or more;'' and inserting
``subject to a determination under section 113A(a) of the
Financial Stability Act of 2010; and'';
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
SEC. 933. EFFECTIVE DATE.
(a) In General.--The amendments made by this subtitle shall, except
as otherwise provided, take effect on the date that is 180 days after
the date on which the regulations required under section 113A(b) of the
Financial Stability Act of 2010, as added by section 931(b) of this
title, are issued.
(b) Rule of Construction.--Nothing in this subtitle shall be
construed to prohibit the Financial Stability Oversight Council
established under section 111 of the Financial Stability Act of 2010
(12 U.S.C. 5321) or the Board of Governors of the Federal Reserve
System from complying with any of the requirements of section 113A of
that Act, as added by section 931(b) of this title, with respect to a
bank holding company (as defined in section 2 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1841)) prior to the effective date
described in subsection (a).
SEC. 934. SENSE OF CONGRESS.
(a) Definitions.--In this section:
(1) Appropriate federal banking agencies; bank holding
company.--The terms ``appropriate Federal banking agencies''
and ``bank holding company'' have the meanings given those
terms in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813).
(2) Nonbank financial company.--The term ``nonbank
financial company'' has the meaning given that term in section
102(a) of the Financial Stability Act of 2010 (12 U.S.C. 5311).
(b) Sense of Congress.--It is the sense of Congress that the
appropriate Federal banking agencies should seek to properly tailor
prudential regulations and, in doing so, differentiate among bank
holding companies and among nonbank financial companies supervised by
the Board of Governors of the Federal Reserve System based on their
capital structure, riskiness, complexity, financial activities
(including the financial activities of their subsidiaries), size, and
other risk-related factors, using existing authorities, including
waiver authorities provided in statute or regulation.
SEC. 935. PRESERVATION OF AUTHORITY.
Nothing in this title shall be construed to limit the supervisory,
regulatory, or enforcement authority of a Federal banking agency (as
defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813)) to further the safe and sound operation of an institution that
the Federal banking agency supervises, except as specifically provided
in this title.
Subtitle C--Greater Transparency for the Financial Stability Oversight
Council Process for Nonbank Financial Companies
SEC. 941. ACCESS TO COUNCIL MEETINGS BY AGENCY MEMBERS.
Section 111(e) of the Financial Stability Act of 2010 (12 U.S.C.
5321(e)) is amended by adding at the end the following:
``(3) Access.--Any member of the governing body of a member
agency headed by a member of the Council described in
subparagraph (B), (E), (F), (G), or (I) of paragraph (1) of
subsection (b)--
``(A) may attend a meeting of the Council,
including any meeting of representatives of the members
of the Council; and
``(B) shall have access to the same information and
materials that a member of the Council described in
subparagraph (B), (E), (F), (G), or (I) of paragraph
(1) of subsection (b) is provided or entitled to.''.
SEC. 942. NONBANK DETERMINATION PROCESS.
Section 113 of the Financial Stability Act of 2010 (12 U.S.C. 5323)
is amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A), by
inserting ``factors, including'' after ``consider'';
(B) in subparagraph (H), by striking ``1 or more
primary financial regulatory agencies'' and inserting
``its primary financial regulatory agency, including
the appropriateness of the imposition of prudential
standards in addition to or as opposed to other forms
of regulation'';
(C) in subparagraph (J), by striking ``and'' at the
end;
(D) by redesignating subparagraph (K) as
subparagraph (L); and
(E) by inserting after subparagraph (J) the
following:
``(K) actions taken by the primary financial
regulatory agency pursuant to subsection (e)(1)(C);
and'';
(2) in subsection (b)(2)--
(A) in the matter preceding subparagraph (A), by
inserting ``factors, including'' after ``consider'';
(B) in subparagraph (H), by inserting ``, including
the appropriateness of the imposition of prudential
standards in addition to or as opposed to other forms
of regulation'' before the semicolon at the end;
(C) in subparagraph (J), by striking ``and'' at the
end;
(D) by redesignating subparagraph (K) as
subparagraph (L); and
(E) by inserting after subparagraph (J) the
following:
``(K) actions taken by the primary financial
regulatory agency pursuant to subsection (e)(1)(C);
and'';
(3) by striking subsections (d) and (e) and inserting the
following:
``(d) Annual Reevaluation and Rescission.--
``(1) Annual reevaluation.--Not less frequently than
annually, except with respect to subparagraph (E), the Council
shall reevaluate each final determination made under subsection
(a) or (b) with respect to a nonbank financial company
supervised by the Board of Governors and shall--
``(A) provide a written notice to the nonbank
financial company being reevaluated;
``(B) afford the nonbank financial company an
opportunity to submit a plan, within such time as the
Council determines to be appropriate (but which shall
be not earlier than 30 days after the date of receipt
by the nonbank financial company of the notice provided
under subparagraph (A)), to modify the business,
structure, or operations of the nonbank financial
company;
``(C) afford the nonbank financial company an
opportunity to submit written materials in addition to,
or separate from, the plan described in subparagraph
(B), within such time as the Council determines to be
appropriate (but which shall be not earlier than 30
days after the date of receipt by the nonbank financial
company of the notice provided under subparagraph (A)),
to contest the determination, including materials
concerning whether, in the view of the nonbank
financial company, the material financial distress at
the nonbank financial company, or the nature, scope,
size, scale, concentration, interconnectedness, or mix
of the activities of the nonbank financial company,
could pose a threat to the financial stability of the
United States;
``(D) provide an opportunity for the nonbank
financial company to meet with representatives of the
Council to present the information described in
subparagraphs (B) and (C); and
``(E) not less than once every 5 years and prior to
a vote under paragraph (3)(A)(ii)--
``(i) not earlier than 30 days after the
date of receipt of any notice under
subparagraph (A), provide the nonbank financial
company with an opportunity to request, in
writing, a hearing before the Council to
contest its final determination under
subsection (a) or (b); and
``(ii) if the Council receives a timely
request under clause (i), fix a time (not
earlier than 30 days after the date of receipt
of the request) and place at which the nonbank
financial company may appear, personally or
through counsel, to, at the discretion of the
nonbank financial company, provide oral
testimony and oral argument to the members of
the Council, with not fewer than \2/3\ of the
voting members of the Council, including the
Chairperson, in attendance.
``(2) Company plan.--If a nonbank financial company submits
a plan in accordance with paragraph (1)(B), the Council shall--
``(A) consider whether the plan, if implemented,
would result in the nonbank financial company no longer
meeting the criteria for a final determination under
subsection (a) or (b); and
``(B) provide the nonbank financial company with--
``(i) analysis of whether and to what
extent the plan addresses the potential threat
posed by the nonbank financial company to the
financial stability of the United States;
``(ii) an opportunity to meet with
representatives of the Council to discuss the
analysis provided under clause (i); and
``(iii) an opportunity to revise the plan,
after discussions with representatives of the
Council.
``(3) Voting and explanation.--
``(A) In general.--After evaluating the materials
and information provided by a nonbank financial company
under paragraph (1) and fulfilling the requirements of
paragraph (2), and not later than 180 days after the
date of receipt by the nonbank financial company of the
notice provided under paragraph (1)(A), the Council
shall, on a nondelegable basis and by a vote of not
fewer than \2/3\ of the voting members then serving,
including an affirmative vote by the Chairperson--
``(i) except as otherwise provided in
clause (ii), determine whether the nonbank
financial company no longer meets the criteria
for a final determination under subsection (a)
or (b), in which case the Council shall rescind
such determination; and
``(ii) not less than once every 5 years,
and following a hearing held under paragraph
(1)(E)(ii), determine whether to renew a final
determination under subsection (a) or (b).
``(B) Notice of final determination.--If the
Council does not vote to rescind a final determination
under subparagraph (A)(i) or votes to renew a final
determination under subparagraph (A)(ii), the Council
shall provide a notice to the nonbank financial company
and the primary financial regulatory agency of the
nonbank financial company with the reasons for the
decision by the Council, which notice shall address
with specificity--
``(i) any changes to the basis for the
final determination decision made under
subsection (a) or (b) since the date on which
the final determination under subsection (a) or
(b) was made, including any changes to the
information provided to the nonbank financial
company under--
``(I) subsection (e)(2)(C)(i)(IV);
``(II) this clause, in prior years;
or
``(III) subparagraph (D);
``(ii) any plan submitted by the nonbank
financial company and considered by the Council
under paragraph (2), and shall, at a minimum,
include--
``(I) a detailed analysis of
whether and to what extent successful
implementation of the plan could result
in the nonbank financial company no
longer meeting the criteria for a final
determination under subsection (a) or
(b); and
``(II) a detailed explanation of
why, if the plan were implemented, the
nonbank financial company would still
meet the criteria for a final
determination under subsection (a) or
(b), if the Council, during its
consideration of the plan under
paragraph (2), concluded that the
nonbank financial company would still
meet those criteria if the plan were
implemented;
``(iii) aspects of the business,
operations, or structure, including the nature,
scope, size, scale, concentration,
interconnectedness, or mix of the activities,
of the nonbank financial company that the
Council believes could pose a threat to the
financial stability of the United States,
including an assessment by the Council of the
probability and magnitude of the threat; and
``(iv) an explanation of actions the
nonbank financial company could take in order
for the Council to rescind the determination.
``(C) No final determination.--If the Council votes
to rescind a final determination under subparagraph
(A)(i) or does not vote to renew a final determination
under subparagraph (A)(ii), the existing final
determination under subsection (a) or (b) shall be
rescinded and the Council shall inform the nonbank
financial company in writing.
``(D) Explanation for certain companies.--With
respect to a reevaluation under this subsection in
which the final determination under subsection (a) or
(b) being reevaluated was made before the date of
enactment of this subparagraph, the Council, as part of
such reevaluation, shall provide a statement that--
``(i) explains with specificity the basis
for such determination; and
``(ii) includes the analysis required under
subsection (e)(2)(C)(i)(IV).
``(E) Voting threshold for rescission of
determination.--Notwithstanding subparagraph (A), the
Council may, at any time, on a nondelegable basis and
by a vote of not fewer than \2/3\ of the voting members
then serving, including an affirmative vote by the
Chairperson, determine that a nonbank financial company
no longer meets the criteria for a final determination
under subsection (a) or (b), in which case the Council
shall rescind the final determination.
``(e) Requirements for Proposed Determination, Notice and
Opportunity for Hearing, and Final Determination.--
``(1) In general.--Prior to making a final determination
under subsection (a) or (b) with respect to a nonbank financial
company, the Council must--
``(A) provide the nonbank financial company and its
primary financial regulatory agency with a notice that
the nonbank financial company is being evaluated, which
notice shall, at minimum--
``(i) include any quantitative analysis
used by the Council as part of its evaluation;
``(ii) identify with specificity any
factors that the Council has considered
pursuant to subsection (a)(2) or (b)(2)
relating to the nonbank financial company that
could cause the nonbank financial company to be
subject to a final determination under
subsection (a) or (b); and
``(iii) include an explanation of how each
factor identified in clause (ii) relates to the
potential threat posed by the nonbank financial
company to the financial stability of the
United States;
``(B) provide the nonbank financial company an
opportunity, not earlier than 30 days after the date of
receipt by the nonbank financial company of the notice
under subparagraph (A), to meet with representatives of
the Council, including to discuss the notice and any
analysis and factors considered by the Council;
``(C) provide the primary financial regulatory
agency of the nonbank financial company with not less
than 180 days from the date of receipt of the notice in
subparagraph (A) to--
``(i) provide a written response to the
Council that includes an assessment of--
``(I) the factors identified
pursuant to subparagraph (A)(ii);
``(II) the explanation provided
pursuant to subparagraph (A)(iii); and
``(III) the degree to which the
potential threat to the financial
stability of the United States is
currently addressed or could be
addressed by existing or pending
regulation or other regulatory action;
and
``(ii) issue proposed regulations or
undertake other regulatory action to address--
``(I) the factors identified
pursuant to subparagraph (A)(ii), as
applicable; and
``(II) the potential threat posed
by the nonbank financial company to the
financial stability of the United
States;
``(D) in the event that the primary financial
regulatory agency has provided a written response under
subparagraph (C)(i) or issued proposed regulations or
taken other regulatory actions under subparagraph
(C)(ii), find that--
``(i) taking into account the written
response by the primary financial regulatory
agency under subparagraph (C)(i), the nonbank
financial company merits a proposed
determination under subparagraph (E); and
``(ii) the primary financial regulatory
agency has not proposed regulations or taken
other regulatory actions after receipt of the
notice under subparagraph (A) that sufficiently
address the factors identified pursuant to
subparagraph (A)(ii), as applicable, and the
potential threat posed by the nonbank financial
company to the financial stability of the
United States;
``(E) after fulfilling the requirements of
subparagraphs (A), (B), (C), and (D), on a nondelegable
basis and by a vote of not fewer than \2/3\ of the
voting members then serving, including an affirmative
vote by the Chairperson, propose to make a
determination under subsection (a) or (b) with respect
to the nonbank financial company; and
``(F) subsequent to making a proposed determination
under subparagraph (E)--
``(i) provide a notice to the nonbank
financial company and its primary financial
regulatory agency, which notice shall contain
the basis for the proposed determination under
subparagraph (E), including--
``(I) the information and
explanation required under subparagraph
(A), along with any updates to such
information or explanation related to
the proposed determination under
subparagraph (E); and
``(II) an explanation and
justification for any finding under
subparagraph (D);
``(ii) not later than 30 days after the
date of receipt of any notice under clause (i),
provide the nonbank financial company with an
opportunity to request, in writing, a hearing
before the Council to contest the proposed
determination under subparagraph (E);
``(iii) if the Council receives a timely
request under clause (ii), fix a time (not
earlier than 30 days after the date of receipt
of the request) and place at which the nonbank
financial company may appear, personally or
through counsel, to, at the discretion of the
nonbank financial company--
``(I) submit a plan to modify the
business, structure, or operations of
the nonbank financial company in order
to address the factors and the
potential threat posed by the nonbank
financial company to the financial
stability of the United States
identified pursuant to clause (i)(I),
as applicable;
``(II) submit written materials in
addition to or separate from the plan
described in subclause (I); and
``(III) provide oral testimony and
oral argument to the members of the
Council, with not fewer than \2/3\ of
the voting members of the Council,
including the Chairperson, in
attendance; and
``(iv) in the event a plan is submitted to
the Council under clause (iii)(I)--
``(I) consider whether the plan, if
implemented, would address the factors
and the potential threat posed by the
nonbank financial company to the
financial stability of the United
States identified pursuant to clause
(i)(I), as applicable; and
``(II) provide the nonbank
financial company with--
``(aa) analysis of whether
and to what extent the plan
addresses the factors and the
potential threat posed by the
nonbank financial company to
the financial stability of the
United States identified
pursuant to clause (i)(I), as
applicable;
``(bb) an opportunity to
meet with representatives of
the Council to discuss the
analysis provided under item
(aa); and
``(cc) an opportunity to
revise the plan, after
discussions with
representatives of the Council.
``(2) Final determination.--
``(A) In general.--After fulfilling the
requirements of paragraph (1), and not later than 90
days after the date on which a hearing is held under
paragraph (1)(F)(iii), the Council may vote to make a
final determination under subsection (a) or (b). The
Council may delay the vote up to 1 additional year
after the conclusion of the 90-day period if
considering a plan under paragraph (1)(F)(iv)(I).
``(B) Outcome of the vote.--If the Council votes on
a final determination under subsection (a) or (b), the
Council shall promptly inform the nonbank financial
company of the outcome of the vote in writing.
``(C) Notice of final determination.--If the
Council votes to make a final determination under
subsection (a) or (b), the Council shall, not later
than 30 days after the date of the vote, provide a
notice to the nonbank financial company and its primary
financial regulatory agency, which notice shall
contain--
``(i) the basis for the determination,
including--
``(I) a detailed analysis of any
plan submitted by the nonbank financial
company and considered by the Council
under paragraph (1)(F), if applicable,
which analysis shall, at a minimum,
include--
``(aa) whether and to what
extent successful
implementation of the plan
could address the factors, as
applicable, and the potential
threat posed by the nonbank
financial company to the
financial stability of the
United States identified
pursuant to paragraph
(1)(F)(i)(I); and
``(bb) a detailed
explanation of why the plan
would not address the factors
and the potential threat posed
by the nonbank financial
company to the financial
stability of the United States
identified pursuant to
paragraph (1)(F)(i)(I), if the
Council, during its
consideration of the plan under
subparagraph (1)(F)(iv)(I),
concluded that the plan would
not address such factors or
potential threat;
``(II) the reasons why the
materials and other information
submitted or provided by the nonbank
financial company under subclauses (II)
and (III) of paragraph (1)(F)(iii) did
not address the potential threat posed
by the nonbank financial company to the
financial stability of the United
States;
``(III) a justification for any
finding under paragraph (1)(D);
``(IV) a detailed analysis of how
any factors, including an explanation
of how each factor relates to the
potential threat posed by the nonbank
financial company to the financial
stability of the United States, that
the Council considered pursuant to
subsection (a)(2) or (b)(2) resulted in
the final determination under
subsection (a) or (b); and
``(V) specific aspects of the
business, operations, or structure of
the nonbank financial company,
including the nature, scope, size,
scale, concentration,
interconnectedness, or mix of the
activities of the nonbank financial
company, that the Council believes
could pose a threat to the financial
stability of the United States,
including an assessment by the Council
of the probability and magnitude of the
threat; and
``(ii) an explanation of actions the
nonbank financial company could take in order
for the Council to rescind the
determination.'';
(4) in subsection (g), by striking ``before the Council
makes any'' and inserting ``from the outset of the
consideration of the nonbank financial company by the Council,
including before the Council makes any proposed determination
under subsection (e)(1)(E) or'';
(5) in subsection (h)--
(A) by inserting ``or renews'' after ``makes''; and
(B) by striking ``(d)(2), (e)(3), or (f)(5)'' and
inserting ``(d)(3)(B) or (f)(5) or of renewal of a
final determination under subsection (e)(2)(C)''; and
(6) by adding at the end the following:
``(j) Public Disclosure Requirement.--The Council shall--
``(1) in each case that a nonbank financial company has
received a notice under subsection (e)(1)(A), and the nonbank
financial company has publicly disclosed that the nonbank
financial company is being reviewed by the Council, confirm
that the nonbank financial company is being reviewed, in
response to a request from a third party;
``(2) upon making a final determination under subsection
(a) or (b) or renewing a final determination under paragraph
(3)(A) of subsection (d), publicly provide a detailed written
explanation of the basis for the final determination with
sufficient detail to provide the public with an understanding
of the specific bases of the determination by the Council,
including any assumptions related thereof, subject to the
requirements of section 112(d)(5);
``(3) include, in the annual report required by section
112--
``(A) the number of nonbank financial companies
from the previous year that received a notice under
subsection (e)(1)(A);
``(B) the number of nonbank financial companies
from the previous year that were subject to a proposed
determination under subsection (e)(1)(E); and
``(C) the number of nonbank financial companies
from the previous year that were subject to a final
determination under subsection (a) or (b); and
``(4) not earlier than 180 days after the date of enactment
of this subsection, publish in the Federal Register information
regarding the methodology the Council uses for calculating any
quantitative thresholds or other metrics used to consider the
factors listed in subsection (a)(2) or (b)(2).''.
SEC. 943. RULE OF CONSTRUCTION.
None of the amendments made by this subtitle shall be construed as
limiting the emergency powers of the Financial Stability Oversight
Council under section 113(f) of the Financial Stability Act of 2010 (12
U.S.C. 5323(f)).
Subtitle D--Improved Accountability and Transparency in the Regulation
of Insurance
SEC. 951. SENSE OF CONGRESS.
It is the sense of Congress that the Act of March 9, 1945 (commonly
known as the ``McCarran-Ferguson Act''; 59 Stat. 33, chapter 20; 15
U.S.C. 1011 et seq.) remains the preferred approach with respect to
regulating the business of insurance.
SEC. 952. ENSURING THE PROTECTION OF INSURANCE POLICYHOLDERS.
(a) Source of Strength.--Section 38A of the Federal Deposit
Insurance Act (12 U.S.C. 1831o-1) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Authority of State Insurance Regulator.--
``(1) In general.--The provisions of section 5(g) of the
Bank Holding Company Act of 1956 (12 U.S.C. 1844(g)) shall
apply to a savings and loan holding company that is an
insurance company, an affiliate of an insured depository
institution that is an insurance company, and to any other
company that is an insurance company and that directly or
indirectly controls an insured depository institution, to the
same extent as the provisions of that section apply to a bank
holding company that is an insurance company.
``(2) Rule of construction.--Requiring a bank holding
company that is an insurance company, a savings and loan
holding company that is an insurance company, an affiliate of
an insured depository institution that is an insurance company,
or any other company that is an insurance company and that
directly or indirectly controls an insured depository
institution to serve as a source of financial strength under
this section shall be deemed an action of the Board that
requires a bank holding company to provide funds or other
assets to a subsidiary depository institution for purposes of
section 5(g) of the Bank Holding Company Act of 1956 (12 U.S.C.
1844(g)).''.
(b) Liquidation Authority.--The Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended--
(1) in section 203(e)(3) (12 U.S.C. 5383(e)(3)), by
inserting ``or rehabilitation'' after ``orderly liquidation''
each place that term appears; and
(2) in section 204(d)(4) (12 U.S.C. 5384(d)(4)), by
inserting before the semicolon at the end the following: ``,
except that, if the covered financial company or covered
subsidiary is an insurance company or a subsidiary of an
insurance company, the Corporation--
``(A) shall promptly notify the State insurance
authority for the insurance company of the intention to
take such lien; and
``(B) may only take such lien--
``(i) to secure repayment of funds made
available to such covered financial company or
covered subsidiary; and
``(ii) if the Corporation determines, after
consultation with the State insurance
authority, that such lien will not unduly
impede or delay the liquidation or
rehabilitation of the insurance company, or the
recovery by its policyholders''.
SEC. 953. INTERNATIONAL INSURANCE CAPITAL STANDARDS ACCOUNTABILITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of the Treasury, the Board of Governors
of the Federal Reserve System, and the Director of the Federal
Insurance Office should support increasing transparency at any
global insurance or international standard-setting regulatory
or supervisory forum in which they participate, including
supporting and advocating for greater public observer access at
any such forum; and
(2) to the extent that the Secretary of the Treasury, the
Board of Governors of the Federal Reserve System, and the
Director of the Federal Insurance Office take a position on an
insurance proposal by a global insurance or international
standard-setting regulatory or supervisory forum, the Board of
Governors of the Federal Reserve System and the Director of the
Federal Insurance Office should achieve consensus positions
with State insurance regulators when they are participants
representing the United States in negotiations on insurance
issues before any international forum of financial regulators
or supervisors that considers insurance regulatory issues.
(b) Insurance Policy Advisory Committee.--
(1) Establishment.--There is established the Insurance
Policy Advisory Committee on International Capital Standards
and Other Insurance Issues at the Board of Governors of the
Federal Reserve System.
(2) Membership.--The Committee established under paragraph
(1) shall be composed of not more than 21 members, all of whom
represent a diverse set of expert perspectives from the various
sectors of the United States insurance industry, including life
insurance, property and casualty insurance and reinsurance,
agents and brokers, academics, consumer advocates, or experts
on issues facing underserved insurance communities and
consumers.
(c) Reports.--
(1) Reports and testimony by secretary of the treasury and
chairman of the board of governors of the federal reserve
system.--
(A) In general.--The Secretary of the Treasury and
the Chairman of the Board of Governors of the Federal
Reserve System, or their designees, shall submit an
annual report and provide annual testimony to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the
House of Representatives on the efforts of the
Secretary of the Treasury, the Chairman of the Board of
Governors of the Federal Reserve System, and State
insurance regulators with respect to global insurance
or international standard-setting regulatory or
supervisory forums, including--
(i) a description of the insurance
regulatory or supervisory standard-setting
issues under discussion at any international
insurance standard-setting bodies;
(ii) a description of the effects that
proposals discussed at international insurance
regulatory or supervisory forums of insurance
could have on consumer and insurance markets in
the United States;
(iii) a description of any position taken
by the Secretary of the Treasury, the Chairman
of the Board of Governors of the Federal
Reserve System, and the Director of the Federal
Insurance Office in international insurance
discussions; and
(iv) a description of the efforts by the
Secretary of the Treasury, the Director of the
Federal Insurance Office, and the Chairman of
the Board of Governors of the Federal Reserve
System to increase transparency at any
international standard-setting bodies with whom
they participate, including efforts to provide
additional public access to working groups and
committees of such international insurance
standard-setting bodies.
(B) Termination.--This paragraph shall cease to be
effective on December 31, 2018.
(2) Reports and testimony by state insurance regulators.--A
State insurance regulator may provide testimony to Congress on
the issues described in paragraph (1)(A).
(3) Joint report by the chairman of the federal reserve and
the director of the federal insurance office.--
(A) In general.--The Secretary of the Treasury, the
Chairman of the Board of Governors of the Federal
Reserve System, and the Director of the Federal
Insurance Office, in consultation with State insurance
regulators, shall complete a study on, and submit to
Congress a report on the results of the study, the
impact on consumers and markets in the United States
before supporting or consenting to the adoption of any
key elements in any international insurance proposal or
international insurance capital standard.
(B) Notice and comment.--
(i) Notice.--The Secretary of the Treasury,
the Chairman of the Board of Governors of the
Federal Reserve System, and the Director of the
Federal Insurance Office shall provide notice
before the date on which drafting the report
described in subparagraph (A) is commenced and
after the date on which the draft of the report
is completed.
(ii) Opportunity for comment.--There shall
be an opportunity for public comment for a
period beginning on the date on which the
report is submitted under subparagraph (A) and
ending on the date that is 60 days after the
date on which the report is submitted.
(C) Review by comptroller general.--The Secretary
of the Treasury, the Chairman of the Board of Governors
of the Federal Reserve System, and the Director of the
Federal Insurance Office shall submit to the
Comptroller General of the United States the report
described in subparagraph (A) for review.
(4) Report on promoting transparency.--Not later than 180
days after the date of enactment of this title, the Chairman of
the Board of Governors of the Federal Reserve System and the
Secretary of the Treasury, or their designees, shall submit a
report and provide testimony to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives on the
efforts of the Secretary of the Treasury and the Chairman of
the Board of Governors of the Federal Reserve System to improve
transparency at any international insurance standard-setting
bodies in which they participate.
Subtitle E--Improving the Federal Reserve System
SEC. 961. REPORTS TO CONGRESS.
Section 2B of the Federal Reserve Act (12 U.S.C. 225b) is amended
by striking subsection (b) and inserting the following:
``(b) Quarterly Reports to Congress.--
``(1) In general.--The Federal Open Market Committee shall,
on a quarterly basis, and in such a manner that 1 report is
submitted concurrently with each semi-annual hearing required
by subsection (a), submit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives a report explaining
the policy decisions of the Committee over the prior quarter
and the basis for those decisions.
``(2) Contents.--The report described in paragraph (1)
shall include--
``(A) a detailed analysis of the conduct of
monetary policy and economic developments and prospects
for the future, taking into account past and
prospective developments in--
``(i) employment;
``(ii) unemployment;
``(iii) production;
``(iv) investment;
``(v) real income;
``(vi) productivity;
``(vii) exchange rates;
``(viii) international trade and payments;
``(ix) prices;
``(x) inflation expectations;
``(xi) credit conditions; and
``(xii) interest rates;
``(B) a description of any monetary policy rule or
rules used or considered by the Committee that provides
or provide the basis for monetary policy decisions,
including short-term interest rate targets set by the
Committee, open market operations authorized under
section 14, and interest rates established by the
Committee pursuant to section 19(b)(12), and such
description shall include, at a minimum, for each rule,
a mathematical formula that models how monetary policy
instruments will be adjusted based on changes in
quantitative inputs;
``(C) a description of any additional strategy or
strategies, if any such exist, used by the Committee,
separate from or supplementary to any rule or rules
described in subparagraph (B), to affect monetary
policy;
``(D) a detailed explanation of--
``(i) any deviation in the rule or rules
described in subparagraph (B) in the current
report from any rule or rules described in
subparagraph (B) in the most recent quarterly
report; and
``(ii) any deviation in the strategy or
strategies described in subparagraph (C) in the
current report from any strategy or strategies
described in subparagraph (C) in the most
recent quarterly report;
``(E) a description of any instruments used to
execute monetary policy by employees of the Federal
Reserve System at the direction of the Committee, and
how such instruments have been used;
``(F) a description of the outlook for monetary
policy over the short term, medium term, and long term;
and
``(G) projections of inflation and economic growth
over the short term, medium term, and long term.
``(3) Dissent.--A member of the Committee described in
section 12A(a) may--
``(A) dissent from the report submitted under
paragraph (1) in whole or in part;
``(B) write a dissent expressing the views of the
member, which shall be included as part of the report
submitted to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives; and
``(C) sign a dissent written by another member of
the Committee to express support for views contained in
such dissent.''.
SEC. 962. TESTIMONY; VOTES; STAFF.
(a) Testimony; Votes.--Section 10 of the Federal Reserve Act is
amended--
(1) in paragraph (11), as redesignated by section 999F(v)
of this title, by inserting at the end the following: ``In the
event that no member of the Board is serving as Vice Chairman
for Supervision at the time such appearance is required, the
Chairman of the Board of Governors shall appear before each
Committee in the place of the Vice Chairman for Supervision.'';
and
(2) by adding at the end the following:
``(12)(A) The Board of Governors of the Federal Reserve
System shall, on a nondelegable basis, vote on whether to issue
any civil money penalty assessment order or settle any other
enforcement action if the issuance of such order or settlement
of such action involves the payment of not less than $1,000,000
in compensation, penalties, fines, or other payments.
``(B) The results of the vote of each member of the Board
under subparagraph (A) shall promptly be made publicly
available on the website of the Board.''.
(b) Delegation of Authorities; Staff.--Section 11 of the Federal
Reserve Act (12 U.S.C. 248) is amended--
(1) in subsection (k), by inserting ``and except as
otherwise provided in section 10(12)(A),'' after ``credit
policies,''; and
(2) in subsection (l), by inserting ``Of amounts made
available for employees of the Board of Governors under this
subsection, each member of the Board of Governors may employ
not more than 4 individuals, with such individuals selected by
such member and the salaries of such individuals set by such
member.'' after the period at the end.
SEC. 963. TRANSPARENCY AT THE FEDERAL OPEN MARKET COMMITTEE.
Section 12A of the Federal Reserve Act (12 U.S.C. 263) is amended
by adding at the end the following:
``(d) Not later than 3 years after the date on which a meeting of
the Committee is held, the Committee shall publish the transcript of
the meeting.''.
SEC. 964. INTEREST RATES ON BALANCES MAINTAINED AT A FEDERAL RESERVE
BANK BY DEPOSITORY INSTITUTIONS.
Section 19(b)(12)(A) of the Federal Reserve Act (12 U.S.C.
461(b)(12)(A)) is amended by inserting ``established by the Federal
Open Market Committee'' after ``rate or rates''.
SEC. 965. COMMISSION FOR RESTRUCTURING THE FEDERAL RESERVE SYSTEM.
(a) Establishment.--There is established an independent commission
to be known as the ``Federal Reserve System Restructuring Commission''
(referred to in this section as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 7
members as follows:
(A) 2 members appointed by the Speaker of the House
of Representatives.
(B) 2 members appointed by the majority leader of
the Senate.
(C) 1 member appointed by the minority leader of
the House of Representatives.
(D) 1 member appointed by the minority leader of
the Senate.
(E) 1 member appointed by the President.
(2) Chairman.--Once the members of the Commission have been
appointed, the members shall designate 1 of the members to be
Chairman of the Commission.
(3) Vacancies.--Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(c) Duties.--
(1) Study.--
(A) In general.--The Commission shall conduct a
study on whether it is appropriate to restructure the
Federal Reserve districts, including an analysis on
potential benefits and costs of restructuring.
(B) Considerations.--In determining whether such
restructuring is appropriate, the Commission shall
specifically consider the impact of restructuring with
respect to--
(i) maximizing operational effectiveness
within the Federal Reserve System while
minimizing operational costs;
(ii) maximizing the effectiveness of
supervisory and regulatory functions while
minimizing potential for regulatory capture;
and
(iii) monetary policy decision-making.
(C) Proposals.--The Commission shall--
(i) consider various proposals to
restructure the existing Federal Reserve
districts, including proposals to--
(I) increase the number of existing
Federal Reserve districts, including a
proposal to divide the Federal Reserve
district in which the Federal Reserve
Bank of San Francisco is contained into
2 or more separate districts while
retaining the existing structure for
the remaining Federal Reserve
districts;
(II) decrease the number of
existing Federal Reserve districts;
(III) restructure the existing
Federal Reserve districts without
increasing or decreasing the number of
existing Federal Reserve districts; and
(IV) reassign specific functions
and duties, including supervisory and
regulatory functions, to different
Federal Reserve banks within the
Federal Reserve System, including
functions and duties performed by the
Board; and
(ii) determine which of the proposals
considered under clause (i) are the optimal
approaches to restructuring the existing
Federal Reserve districts pursuant to
subclauses (I), (II), (III), and (IV) of clause
(i).
(2) Recommendation.--The Commission shall, based on the
proposals considered under paragraph (1)(C), develop a
recommendation on the optimal organization of the Federal
Reserve System that--
(A) maximizes--
(i) the operational effectiveness within
the Federal Reserve System while minimizing
operational costs; and
(ii) the effectiveness of supervisory and
regulatory functions while minimizing potential
for regulatory capture; and
(B) takes into account the impact of restructuring
on monetary policy decision-making.
(3) Report.--Not later than 18 months after the date of
enactment of this title, the Commission shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives, and also furnish copies to the President and
the Board of Governors of the Federal Reserve System, a report
that includes--
(A) the recommendation described in paragraph (2);
(B) a description of the proposals considered under
paragraph (1)(C)(i);
(C) a description of the proposals determined to be
optimal under paragraph (1)(C)(ii);
(D) an analysis of the benefits and costs of each
of the proposals described in subparagraph (B),
including, with respect to each proposal, an analysis
of--
(i) the operational benefits and costs to
the Federal Reserve System;
(ii) the impact on supervision of financial
institutions and nonbank financial institutions
supervised by the Federal Reserve banks; and
(iii) the impact on monetary policy
decision-making;
(E) an analysis of--
(i) any specific benefits and costs
resulting from the increase in total number of
Federal Reserve districts; and
(ii) any specific benefits and costs
resulting from the decrease in total number of
Federal Reserve districts, including an
evaluation of savings to the Federal Reserve
System through streamlining and elimination of
duplicated functions;
(F) a determination of--
(i) whether the benefits of restructuring
the existing Federal Reserve districts without
increasing or decreasing the number of existing
Federal Reserve districts outweigh the costs;
(ii) whether the benefits of increasing or
decreasing the number of existing Federal
Reserve districts outweigh the costs;
(iii) whether the benefits of reassigning
functions and duties to different Federal
Reserve banks within the Federal Reserve System
outweigh the costs; and
(iv) the optimal number of Federal Reserve
districts in order for the Federal Reserve
System to fulfill its statutory role in the
most efficient and cost-effective manner; and
(G) a description of the methodology used by the
Commission to reach the conclusions for the report.
(d) Powers of the Commission.--The Commission may lease space and
acquire personal property to the extent funds are available.
(e) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Except as provided in subparagraph
(B), each member of the Commission who is not an
officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel
time) during which such member is engaged in the
performance of the duties of the Commission. All
members of the Commission who are officers or employees
of the United States shall serve without compensation
in addition to that received for their services as
officers or employees of the United States.
(B) Compensation of chairman.--The Chairman of the
Commission shall be compensated at a rate equal to the
daily equivalent of the minimum annual rate of basic
pay payable for level III of the Executive Schedule
under section 5314, of title 5, United States Code.
(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Director and staff.--
(A) Director of staff.--The Commission shall
appoint a Director, who shall be paid at the rate of
basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(B) Staff.--
(i) In general.--Subject to clauses (ii)
and (iii), the Director, with the approval of
the Commission, may appoint and fix the pay of
additional personnel.
(ii) Applicability.--The Director may make
such appointments without regard to the
provisions of title 5, United States Code,
governing appointments in the competitive
service, and any personnel so appointed may be
paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of
that title relating to classification and
General Schedule pay rates, except that an
individual so appointed may not receive pay in
excess of the annual rate of basic pay
prescribed for level V of the Executive
Schedule under section 5316 of that title.
(iii) Detail of government employees.--
(I) In general.--Upon request of
the Director, the head of any Federal
department or agency, including the
Comptroller General of the United
States, may detail any of the personnel
of that department or agency to the
Commission to assist the Commission in
carrying out its duties under this
section.
(II) Limitations.--
(aa) Detail of employees
from federal reserve system.--
Not more than \1/5\ of the
personnel employed by or
detailed to the Commission may
be on detail from the Federal
Reserve System.
(bb) Detail of employees
from other federal agencies.--
Not more than \1/5\ of the
personnel employed by or
detailed to the Commission may
be on detail from any Federal
department or agency other than
the Federal Reserve System.
(iv) Experts and consultants.--The
Commission may procure by contract the
temporary or intermittent services of experts
or consultants pursuant to section 3109(b) of
title 5, United States Code, at rates for
individuals which do not to exceed the daily
equivalent of the annual rate of basic pay for
a comparable position paid under the General
Schedule.
(C) Rule of construction.--Any individual employed
by the Commission under this paragraph, including any
expert or consultant under contract pursuant to
subparagraph (B)(iv), shall be considered staff for the
duration of such employment of such individual for the
purposes of this section.
(f) Prohibition Against Restricting Communications.--No person may
restrict an employee of the Federal Reserve System from communicating
with a member or staff of the Commission, and no person may take (or
threaten to take) an unfavorable personnel action, or withhold (or
threaten to withhold) a favorable personnel action, as a reprisal for
such communication.
(g) Confidential Information.--No member or staff of the Commission
shall request, either in writing or verbally, that any employee of the
Federal Reserve System provide--
(1) nonpublic information or documents concerning or
related to monetary policy deliberations; or
(2) confidential supervisory information.
(h) Disclosure of Nonpublic Information.--Any member or staff of
the Commission that obtains nonpublic information from the Federal
Reserve System or any employee of the Federal Reserve System shall
maintain the confidentiality of such information.
(i) Audit.--
(1) In general.--The Comptroller General of the United
States shall annually audit the financial transactions of the
Commission in accordance with the United States generally
accepted government auditing standards, as may be prescribed by
the Comptroller General of the United States.
(2) Location of audit.--An audit under paragraph (1) shall
be conducted at any place where accounts of the Commission are
normally kept.
(3) Access.--
(A) In general.--The representatives of the
Government Accountability Office shall have access, in
accordance with section 716(c) of title 31, United
States Code, to--
(i) the Chairman of the Commission, members
of the Commission, and staff of the Commission;
and
(ii) all books, accounts, documents,
papers, records (including electronic records),
reports, files, property, or other information
belonging to or under the control of or used or
employed by the Commission pertaining to its
financial transactions and necessary to
facilitate the audit.
(B) Verification of transactions.--Representatives
of the Government Accountability Office shall be
afforded full facilities for verifying transactions
with the balances or securities held by depositories,
fiscal agents, and custodians.
(4) Custody of documents and property.--All books,
accounts, documents, papers, records, reports, files, property,
or other information described in paragraph (3)(A)(ii) shall
remain in possession and custody of the Commission.
(5) Copies.--The Comptroller General of the United States
may make copies of any books, accounts, documents, papers,
records, reports, files, property, or other information
described in paragraph (3)(A)(ii) without cost to the
Comptroller General.
(6) Services.--In conducting an audit under this
subsection, the Comptroller General of the United States may
employ by contract, without regard to section 3709 of the
Revised Statutes (41 U.S.C. 6101), professional services of
firms and organizations of certified public accountants for
temporary periods or for special purposes.
(7) Reimbursement.--
(A) In general.--Upon the request of the
Comptroller General of the United States, the Chairman
of the Commission shall transfer to the Government
Accountability Office from funds made available to the
Commission the amount requested by the Comptroller
General to cover the full costs of any audit and report
conducted by the Comptroller General.
(B) Credit.--The Comptroller General of the United
States shall credit funds transferred under
subparagraph (A) to the account established for
salaries and expenses of the Government Accountability
Office, and such amount shall be available upon receipt
and without fiscal year limitation to cover the full
costs of the audit and report.
(8) Report.--The Comptroller General of the United States
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives, and also furnish copies to the
President and the Commission, a report of each annual audit
conducted under this subsection, including--
(A) the scope of the audit;
(B) the statement of assets and liabilities and
surplus or deficit;
(C) the statement of income and expenses;
(D) the statement of sources and application of
funds;
(E) such comments and information as the
Comptroller General determines is necessary to inform
the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of
the House of Representatives of the financial
operations and condition of the Commission; and
(F) such recommendations that the Comptroller
General may deem advisable.
(j) Termination.--The Commission shall terminate not later than on
December 31, 2020.
(k) Funding.--
(1) In general.--Beginning on the first quarter of the
fiscal year after the date on which the Commission is
established, and in each quarter of a fiscal year thereafter,
the Board of Governors of the Federal Reserve System shall
transfer to the Commission, from the combined earnings of the
Federal Reserve System, the amount determined by the Chairman
of the Commission to be reasonably necessary to carry out the
authorities of the Commission pursuant to this section, taking
into account such other sums made available to the Commission
in preceding quarters, to be available without fiscal year
limitation and not subject to appropriation.
(2) Reviewability.--Notwithstanding any other provision in
this section, the funds derived from the Federal Reserve System
pursuant to this subsection shall not be subject to review by
the Committee on Appropriations of the Senate or the Committee
on Appropriations of the House of Representatives.
(l) Federal Reserve Districts.--The first undesignated paragraph of
section 2 of the Federal Reserve Act (38 Stat. 251, chapter 6) is
amended by inserting ``, except as otherwise provided under section 965
of the Financial Regulatory Improvement Act of 2015'' after
``organized''.
SEC. 966. GAO STUDY ON SUPERVISION.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the effectiveness of supervision by the Board of
Governors of the Federal Reserve System and each Federal Reserve bank
of--
(1) bank holding companies subject to the requirements of
section 165 of the Financial Stability Act of 2010 (12 U.S.C.
5365) on the date of enactment of this title; and
(2) nonbank financial companies subject to a determination
under subsection (a) or (b) of section 113 of the Financial
Stability Act of 2010 (12 U.S.C. 5323).
(b) Report.--Not later than 18 months after the date of enactment
of this title, the Comptroller General of the United States shall
submit to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives a report based on the study required under subsection
(a) that includes--
(1) an analysis of--
(A) the effectiveness of the delegation of
functions by the Board of Governors of the Federal
Reserve System in accordance with section 11(k) of the
Federal Reserve Act (12 U.S.C. 248(k));
(B) the effectiveness of supervision delegated to
each Federal Reserve bank by the Board of Governors of
the Federal Reserve System, including whether and how
the relationships between each Federal Reserve bank and
the institutions that each Federal Reserve bank
supervises impact the effectiveness of supervision;
(C) the propriety of the relationship between each
Federal Reserve bank and the institutions that each
Federal Reserve bank supervises, including any
potential conflicts of interest, and whether and how
such relationships impact the effectiveness of
supervision;
(D) the role played by the Large Institution
Supervision Coordinating Committee of the Board of
Governors of the Federal Reserve System, the
interactions between the Committee and the Federal
Reserve banks, and the effectiveness of the Committee;
and
(E) any other factors that could negatively
influence the effectiveness of supervision by any
Federal Reserve bank or the Board of Governors of the
Federal Reserve System;
(2) an evaluation of whether additional steps should be
taken by the Board of Governors of the Federal Reserve System,
each Federal Reserve bank, or Congress to improve the
effectiveness of supervision at each Federal Reserve bank and
the Board of Governors of the Federal Reserve System; and
(3) recommendations to improve the effectiveness of
supervision at each Federal Reserve bank and the Board of
Governors of the Federal Reserve System.
(c) Evaluation.--As part of the study required under subsection
(a), the Comptroller General of the United States shall separately
evaluate the effectiveness of supervision at the Board of Governors of
the Federal Reserve System and at each Federal Reserve bank.
SEC. 967. FEDERAL RESERVE STUDY ON NONBANK SUPERVISION.
(a) In General.--Not later than 180 days after the date of
enactment of this title, and not less than once every 2 years
thereafter, the Board of Governors of the Federal Reserve System shall
submit to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives a report regarding how the Board plans to supervise and
regulate nonbank financial companies subject to a determination under
subsection (a) or (b) of section 113 of the Financial Stability Act of
2010 (12 U.S.C. 5323) that includes, with respect to nonbank financial
companies--
(1) a specific supervisory and regulatory framework,
differentiating among nonbank financial companies on an
individual basis or by category, taking into consideration the
capital structure, riskiness, complexity (including the
financial activities of any subsidiaries), size, and any other
risk-related factors that the Board of Governors of the Federal
Reserve System determines is appropriate;
(2) an assessment of the relevant experience and expertise
of staff of the Federal Reserve System assigned to such
supervision and regulation;
(3) a description of--
(A) the method for evaluating safety and soundness;
(B) the frequency of examinations;
(C) the criteria that will be examined; and
(D) coordination with Federal and State regulators,
including efforts to minimize duplicative supervision
and regulation, if appropriate; and
(4) an explanation of how the approach to supervision and
regulation of nonbank financial companies differs from
supervision and regulation of bank holding companies and member
banks.
(b) Sunset.--This section shall terminate on the date that is 10
years after the date of enactment of this title.
SEC. 968. FEDERAL RESERVE BANK GOVERNANCE.
(a) In General.--Section 4 of the Federal Reserve Act is amended--
(1) in paragraph (4) (12 U.S.C. 341)--
(A) by striking ``power--'' and inserting ``power,
except as provided in paragraph (25)--''; and
(B) by inserting ``except that the first vice
president of the Federal Reserve Bank of New York shall
be appointed by the Class B and Class C directors of
the bank, with the approval of the Board of Governors
of the Federal Reserve System, for a term of 5 years,''
after ``as the president,''; and
(2) by adding at the end the following:
``(25) Selection of the president of the federal reserve
bank of new york.--Notwithstanding any other provision of this
section, the president of the Federal Reserve Bank of New York
shall be appointed by the President, by and with the advice and
consent of the Senate, for terms of 5 years.
``(26) Testimony.--The president of the Federal Reserve
Bank of New York, on an annual basis, shall provide testimony
to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of enactment of this title and apply to
appointments for the president of the Federal Reserve Bank of New York
made on and after that effective date.
Subtitle F--Improved Access to Capital and Tailored Regulation in the
Financial Markets
SEC. 971. HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended--
(1) in section 12(g) (15 U.S.C. 78l(g))--
(A) in paragraph (1)(B), by inserting ``, a savings
and loan holding company (as defined in section 10(a)
of the Home Owners' Loan Act (12 U.S.C. 1467a(a))),''
after ``is a bank''; and
(B) in paragraph (4), by inserting ``, a savings
and loan holding company (as defined in section 10(a)
of the Home Owners' Loan Act (12 U.S.C. 1467a(a))),''
after ``case of a bank''; and
(2) in section 15(d)(1) (15 U.S.C. 78o(d)(1)), by striking
``case of bank'' and inserting ``case of a bank, a savings and
loan holding company (as defined in section 10(a) of the Home
Owners' Loan Act (12 U.S.C. 1467a(a))),''.
SEC. 972. INCREASED THRESHOLD FOR DISCLOSURES RELATING TO COMPENSATORY
BENEFIT PLANS.
Not later than 60 days after the date of enactment of this title,
the Securities and Exchange Commission shall revise section 230.701(e)
of title 17, Code of Federal Regulations, to increase from $5,000,000
to $10,000,000 the aggregate sales price or amount of securities sold
during any consecutive 12-month period in excess of which the issuer is
required under such section to deliver an additional disclosure to
investors. The Securities and Exchange Commission shall index for
inflation such aggregate sales price or amount every 5 years to reflect
the change in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics, rounding to the nearest
$1,000,000.
SEC. 973. REPEAL OF INDEMNIFICATION REQUIREMENTS.
(a) Derivatives Clearing Organizations.--Section 5b(k)(5) of the
Commodity Exchange Act (7 U.S.C. 7a-1(k)(5)) is amended to read as
follows:
``(5) Confidentiality agreement.--Before the Commission may
share information with any entity described in paragraph (4),
the Commission shall receive a written agreement from each
entity stating that the entity shall abide by the
confidentiality requirements described in section 8 relating to
the information on swap transactions that is provided.''.
(b) Swap Data Repositories.--Section 21(d) of the Commodity
Exchange Act (7 U.S.C. 24a(d)) is amended to read as follows:
``(d) Confidentiality Agreement.--Before the swap data repository
may share information with any entity described in subsection (c)(7),
the swap data repository shall receive a written agreement from each
entity stating that the entity shall abide by the confidentiality
requirements described in section 8 relating to the information on swap
transactions that is provided.''.
(c) Security-based Swap Data Repositories.--Section 13(n)(5) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(n)(5)) is amended--
(1) in subparagraph (G)--
(A) in the matter preceding clause (i), by striking
``all'' and inserting ``security-based swap''; and
(B) in clause (v)--
(i) in subclause (II), by striking ``;
and'' and inserting a semicolon;
(ii) in subclause (III), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(IV) other foreign
authorities.''; and
(2) by striking subparagraph (H) and inserting the
following:
``(H) Confidentiality agreement.--Before the
security-based swap data repository may share
information with any entity described in subparagraph
(G), the security-based swap data repository shall
receive a written agreement from each entity stating
that the entity shall abide by the confidentiality
requirements described in section 24 relating to the
information on security-based swap transactions that is
provided.''.
(d) Effective Date.--The amendments made by this section shall take
effect as if enacted as part of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Public Law 111-203).
SEC. 974. IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES.
Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1))
is amended by adding at the end the following: ``An issuer that was an
emerging growth company at the time it submitted a confidential
registration statement or, in lieu thereof, a publicly filed
registration statement for review under this subsection but ceases to
be an emerging growth company thereafter shall continue to be treated
as an emerging growth company for the purposes of this subsection
through the earlier of the date on which the issuer consummates its
initial public offering pursuant to such registration statement or the
end of the 1-year period beginning on the date on which the company
ceases to be an emerging growth company.''.
Subtitle G--Taxpayer Protections and Market Access for Mortgage Finance
SEC. 981. DEFINITIONS.
In this title:
(1) Agency.--The term ``Agency'' means the Federal Housing
Finance Agency.
(2) Back-end risk sharing.--The term ``back-end risk
sharing'' means any risk-sharing transaction that allows an
enterprise to share single-family mortgage credit risk that is
on the balance sheet of the enterprise with the private sector.
(3) Board of directors.--The term ``Board of Directors''
means the Board of Directors established under section
985(c)(1).
(4) Common securitization solutions.--The term ``Common
Securitization Solutions'' or ``CSS'' means Common
Securitization Solutions, LLC, the joint venture formed by the
enterprises in October 2013, or any successor to Common
Securitization Solutions, LLC, that is a joint venture of the
enterprises.
(5) Contractual and disclosure framework.--The term
``contractual and disclosure framework'' means a contractual
and disclosure framework for securitization of mortgage loans
by an entity other than an enterprise.
(6) Enterprise.--The term ``enterprise'' has the meaning
given that term in section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4502).
(7) First loss position; front-end risk sharing; risk-
sharing transaction.--The terms ``first loss position'',
``front-end risk sharing'', and ``risk-sharing transaction''
have the meanings given those terms in section 1328(a) of the
Federal Housing Enterprises Financial Safety and Soundness Act
of 1992, as added by section 986(b)(1).
(8) Guarantee fee.--The term ``guarantee fee''--
(A) means a fee in connection with any guarantee of
the timely payment of principal and interest on
securities, notes, and other obligations based on or
backed by mortgages on residential real properties
designed principally for occupancy of from 1 to 4
families; and
(B) includes--
(i) the guaranty fee charged by the Federal
National Mortgage Association with respect to
mortgage-backed securities; and
(ii) the management and guarantee fee
charged by the Federal Home Loan Mortgage
Corporation with respect to participation
certificates.
(9) Platform.--The term ``Platform'' means the
securitization platform first described by the paper issued by
the Agency on October 4, 2012 entitled ``Building a New
Infrastructure for the Secondary Mortgage Market'', and updated
in subsequent documents released by the Agency, including
annual strategic plans for the conservatorship of the
enterprises and annual conservatorship scorecards.
(10) Private successor.--The term ``private successor''
means the private, nonprofit entity referred to in section
985(g) to which CSS transitions the Platform and the
contractual and disclosure framework, including any associated
intellectual property, technology, systems, and infrastructure,
in accordance with this title.
(11) Second loss position.--The term ``second loss
position'' means, with respect to a risk-sharing transaction,
the position to which any credit losses on a security resulting
from the nonperformance of underlying mortgage loans will
accrue and be absorbed after a first loss position, to the full
extent of a holder's interest in such position.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(13) Senior preferred stock purchase agreement.--The term
``Senior Preferred Stock Purchase Agreement'' means--
(A) the Amended and Restated Senior Preferred Stock
Purchase Agreement, dated September 26, 2008, as such
Agreement has been amended on May 6, 2009, December 24,
2009, and August 17, 2012, respectively, and as such
Agreement may be further amended and restated, entered
into between the Department of the Treasury and each
enterprise, as applicable; and
(B) any provision of any certificate in connection
with such Agreement creating or designating the terms,
powers, preferences, privileges, limitations, or any
other conditions of the Variable Liquidation Preference
Senior Preferred Stock of an enterprise issued or sold
pursuant to such Agreement.
SEC. 982. PROHIBITING THE USE OF GUARANTEE FEES AS AN OFFSET.
(a) In General.--In the Senate and the House of Representatives,
for purposes of determining budgetary impacts to evaluate points of
order under the Congressional Budget Act of 1974, any previous budget
resolution, and any subsequent budget resolution, provisions contained
in any bill, resolution, amendment, motion, or conference report that
increase, or extend the increase of, any guarantee fee of an enterprise
shall not be scored with respect to the level of budget authority,
outlays, or revenues contained in such legislation.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any legislation that--
(1) includes a specific instruction to the Secretary on the
sale, transfer, relinquishment, liquidation, divestiture, or
other disposition of senior preferred stock acquired pursuant
to the Senior Preferred Stock Purchase Agreement; and
(2) provides for an increase, or extension of an increase,
of any guarantee fee of an enterprise to be used for the
purpose of financing reforms to the secondary mortgage market.
SEC. 983. LIMITATIONS ON SALE OF PREFERRED STOCK.
Notwithstanding any other provision of law or any provision of the
Senior Preferred Stock Purchase Agreement, the Secretary may not sell,
transfer, relinquish, liquidate, divest, or otherwise dispose of any
outstanding shares of senior preferred stock acquired pursuant to the
Senior Preferred Stock Purchase Agreement, until such time as Congress
has passed and the President has signed into law legislation that
includes a specific instruction to the Secretary regarding the sale,
transfer, relinquishment, liquidation, divestiture, or other
disposition of the senior preferred stock so acquired.
SEC. 984. SECONDARY MARKET ADVISORY COMMITTEE.
Not later than 90 days after the date of enactment of this title,
the Agency shall direct the enterprises and CSS to establish the
Secondary Market Advisory Committee, which shall--
(1) provide advice to the enterprises and CSS on decisions
relating to the development of secondary mortgage market
infrastructure; and
(2) include private market participants representing
multiple aspects of the mortgage market, including mortgage
lenders, poolers of mortgage-backed securities, and investors
of mortgage-backed securities.
SEC. 985. SECURITIZATION PLATFORM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) at the direction of the Agency, the enterprises have
established a joint venture called Common Securitization
Solutions intended to facilitate the issuance of mortgage-
backed securities through the Platform;
(2) at the direction of the Agency, the development of the
Platform is currently geared toward the issuance of mortgage-
backed securities by the enterprises;
(3) as soon as practicable, the capacity and functionality
of the Platform should be expanded to facilitate the issuance
of mortgage-backed securities by issuers other than the
enterprises, and CSS should undertake to develop the
contractual and disclosure framework for issuers other than the
enterprises;
(4) the property of the enterprises, including intellectual
property, technology, systems, and infrastructure (including
technology, systems, and infrastructure developed by the
enterprises for the Platform), as well as any other legacy
systems, infrastructure, processes, and the Platform itself are
valuable assets of the enterprises; and
(5) the enterprises should receive appropriate compensation
for the transfer of any such assets.
(b) Reports to Congress.--
(1) Annual report on development.--Not later than 1 year
after the date of enactment of this title, and every year
thereafter, the Agency shall submit to Congress a report on the
status of the development of the Platform and the contractual
and disclosure framework, which shall include--
(A) the projected timelines for--
(i) completing development of the Platform
to support the securitization needs of the
enterprises; and
(ii) completing development of the Platform
and the contractual and disclosure framework to
support the securitization needs of issuers
other than the enterprises; and
(B) the projected budget for the development of the
Platform and the contractual and disclosure framework.
(2) Report on transition.--Not later than 3 years after the
date of enactment of this title, the Agency shall develop a
plan, and submit to the Committee on Banking, Housing and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report on such plan, to
transition the Platform and the contractual and disclosure
framework from a joint venture owned by the enterprises into a
private, nonprofit entity that best facilitates a deep, liquid,
and resilient secondary mortgage market for mortgage-backed
securities.
(c) Board of Directors.--
(1) Establishment.--Not later than 6 months after the date
of enactment of this title, the Agency shall direct the
enterprises and CSS to re-constitute a CSS Board of Directors
that meets the composition requirements set forth in paragraphs
(2) and (3).
(2) Composition after 1 year.--Not later than 1 year after
the date of enactment of this title, as determined by the
Agency, the Board of Directors shall be comprised of 7
directors, 3 of whom--
(A) shall have demonstrated knowledge of, or
experience in, financial management, financial
services, risk management, information technology, or
housing finance; and
(B) are not simultaneously employed by an
enterprise or serving as a director of an enterprise.
(3) Composition after 18 months.--Not later than 18 months
after the date of enactment of this title, as determined by the
Agency, the Board of Directors shall be comprised of 9
directors, 5 of whom--
(A) shall have demonstrated knowledge of, or
experience in, financial management, financial
services, risk management, information technology, or
housing finance; and
(B) are not simultaneously employed by an
enterprise or serving as a director of an enterprise.
(d) Authorized and Prohibited Activities.--
(1) Authorized activities.--
(A) In general.--Not later than 2 years after the
date of enactment of this title, CSS shall--
(i) for an entity other than an enterprise,
develop standards for--
(I) becoming an approved issuer of
securities issued through the Platform;
(II) loans that may serve as
collateral for securities issued
through the Platform; and
(III) originating, servicing,
pooling, dispute resolution,
disclosure, and securitizing
residential mortgage loans that
collateralize securities issued through
the Platform; and
(ii) operate and maintain the Platform and
establish fees for use of the Platform.
(B) Issuing securities by approved issuers.--Not
later than 3 years after the date of enactment of this
title--
(i) CSS shall facilitate the issuance of
securities by any approved issuer other than an
enterprise through the Platform; and
(ii) issuances of securities facilitated
through the Platform shall not be limited to
those made by the enterprises.
(C) Exception.--The Director may delay the
requirement under subparagraph (B) for 2 1-year periods
if the Director and the Secretary of the Treasury--
(i) determine that facilitation of such
securities is not feasible within that period
of time and could adversely impact the housing
market; and
(ii) submit to Congress a report describing
the justification for the determination made in
clause (i).
(2) Prohibited activities.--CSS may not, through the
Platform or otherwise--
(A) guarantee any mortgage loans or mortgage-backed
securities;
(B) assume or hold mortgage loan credit risk;
(C) purchase any mortgage loans for cash on a
single loan basis for the purpose of securitization;
(D) own or hold any mortgage loans or mortgage-
backed securities for investment purposes;
(E) make or be a party to any representation and
warranty agreement on any mortgage loans; or
(F) take lender representation and warranty risk.
(3) Authorized and prohibited activities of the private
successor.--All authorized and prohibited activities of CSS
under this subsection shall transfer to the private successor
at the time of transition under subsection (g), and shall
transfer to any future successor to the private successor at
the time of any such transition.
(e) Regulation of CSS and the Private Successor.--The Agency shall
have general regulatory authority over CSS, the private successor, and
any successor to the private successor to ensure the safety and
soundness of CSS and such successors
(f) Funding by the FHFA and Transfer of Property.--
(1) Transfer of funds from the enterprises.--At a time
established by the Agency, the Agency shall transfer to CSS
such funds from the enterprises as the Agency, after
consultation with the Board of Directors, determines may be
reasonably necessary for CSS to begin carrying out the
activities and operations of the Platform.
(2) Transfer of property.--
(A) In general.--The Agency shall direct the
enterprises to transfer or sell to the Platform any
property, including intellectual property, technology,
systems, and infrastructure (including technology,
systems, and infrastructure developed by the
enterprises for the Platform), as well as any other
legacy systems, infrastructure, and processes that may
be necessary for the Platform to carry out the
functions and operations of the Platform.
(B) Contractual and other legal obligations.--As
may be necessary for the Agency and the enterprises to
comply with legal, contractual, or other obligations,
the Agency shall have the authority to require that any
transfer authorized under subparagraph (A) occurs as an
exchange for value, including through the provision of
appropriate compensation to the enterprises or other
entities responsible for creating, or contracting with,
the Platform.
(g) Transition From CSS.--
(1) In general.--Not later than 5 years after the date of
enactment of this title, the Agency shall oversee the
transition of ownership of the Platform and the contractual and
disclosure framework from the enterprises and CSS to a private,
nonprofit entity in accordance with the plan developed under
subsection (b)(2).
(2) Board of directors.--The private successor shall
determine the structure of the Board of Directors following the
transition under paragraph (1).
(3) Repayment of cost.--Not later than 10 years after the
date of the transition described in paragraph (1), the total
cost of the property transferred in accordance with subsection
(f)(2) at the time of the transition, as determined jointly by
the Agency and the Secretary, shall be repaid to the
enterprises.
(h) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Agency or CSS from first developing a common
securitization platform for use only by the enterprises, if all of the
provisions in this Act relating to the development of the Platform and
the contractual and disclosure framework are complied with in a timely
manner.
SEC. 986. MANDATORY RISK SHARING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) at the direction of the Agency, the enterprises have
executed a series of transactions in which the enterprises
share credit risk with the private sector;
(2) in the risk-sharing transactions to date, the
enterprises have shared credit risk on pools of residential
mortgage loans that back securities on which an enterprise
either already guarantees or does not yet guarantee the timely
payment of principal and interest;
(3) the risk that the enterprises have shared has been
either any loss suffered on the loans in the pool or any loss
in excess of some minimal level on loans in the pool;
(4) to date, the vast majority of risk-sharing transactions
have involved either back-end risk sharing or the transfer of
the second loss position; and
(5) the Agency should direct the enterprises to--
(A) engage in more front-end risk sharing in which
the first loss position is transferred; and
(B) retain data that can help inform policymakers
and the public about the impact to consumers, the
market, and the enterprises from such transactions.
(b) Mandatory Risk Sharing.--
(1) In general.--Subpart A of part 2 of subtitle A of the
Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4541 et seq.) is amended by adding at the
end the following:
``SEC. 1328. MANDATORY RISK-SHARING TRANSACTIONS.
``(a) Definitions.--In this section:
``(1) First loss position.--The term `first loss position'
means, with respect to a risk-sharing transaction, the position
to which any credit loss on a security resulting from the
nonperformance of underlying mortgage loans will accrue and be
absorbed, to the full extent of the holder's interest in such
position.
``(2) Front-end risk sharing.--The term `front-end risk
sharing' means any risk-sharing transaction that provides for
an enterprise to share credit risk on a pool of single-family
residential mortgage loans that back securities on which the
enterprise guarantees the timely payment of principal and
interest with the private sector before the enterprise provides
any such guarantee.
``(3) Risk-sharing transaction.--The term `risk-sharing
transaction' means any transaction that provides for an
enterprise to share credit risk on a pool of single-family
residential mortgage loans that back securities on which the
enterprise guarantees the timely payment of principal and
interest with the private sector.
``(b) Risk-sharing Transactions.--The Director shall require each
enterprise to develop and undertake risk-sharing transactions in which
the first loss position is transferred, as provided in subsection (c).
``(c) Required Percentage of Business.--
``(1) Requirement.--The Director shall require that each
enterprise engage in significant and increasing risk-sharing
transactions, including front-end risk sharing and risk-sharing
transactions in which the first loss position is transferred,
considering market conditions and the safety and soundness of
the enterprise.
``(2) Annual reporting requirement.--Not later than 1 year
after the date of enactment of this section, and every year
thereafter, the Agency shall submit to Congress a report, which
shall include--
``(A) for the 12-month period preceding the date on
which the report is submitted, an assessment of the
market responses to the risk-sharing transactions of
each of the enterprises, in aggregate, and by credit
risk-sharing mechanism, including--
``(i) impacts on borrower costs, yield
spreads, and the economics of the operations of
the enterprises; and
``(ii) the type and characteristics of the
underlying collateral and borrowers whose loans
are involved in risk-sharing transactions; and
``(B) a 5-year plan, which shall include, for each
of the 5 years following the year in which the report
is issued--
``(i) the projected percentage of the
unpaid principal balance of each enterprise
covered under the credit risk-sharing program;
``(ii) the projected percentage of new
business for each enterprise subject to
transactions in which the first loss position
is transferred, including the types of deal
structures;
``(iii) the projected depth of front-end
risk sharing per type of transaction for each
enterprise; and
``(iv) a description of the steps that the
Agency intends to take to broaden the eligible
investor base for credit risk-sharing
programs.''.
Subtitle H--Dodd-Frank Wall Street Reform and Consumer Protection Act
Technical Corrections
SEC. 991. TABLE OF CONTENTS; DEFINITIONAL CORRECTIONS.
(a) Table of Contents.--The table of contents for the Dodd-Frank
Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124
Stat. 1376) is amended by striking the items relating to sections 407
through 416 and inserting the following:
``Sec. 407. Exemption of and reporting by venture capital fund
advisers.
``Sec. 408. Exemption of and reporting by certain private fund
advisers.
``Sec. 409. Family offices.
``Sec. 410. State and Federal responsibilities; asset threshold for
Federal registration of investment
advisers.
``Sec. 411. Custody of client assets.
``Sec. 412. Comptroller General study on custody rule costs.
``Sec. 413. Adjusting the accredited investor standard.
``Sec. 414. Rule of construction relating to the Commodity Exchange
Act.
``Sec. 415. GAO study and report on accredited investors.
``Sec. 416. GAO study on self-regulatory organization for private
funds.
``Sec. 417. Commission study and report on short selling.
``Sec. 418. Qualified client standard.
``Sec. 419. Transition period.''.
(b) Definitions.--Section 2 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5301) is amended--
(1) in paragraph (1)--
(A) by striking ``section 3'' and inserting
``section 3(w)''; and
(B) by striking ``(12 U.S.C. 1813)'' and inserting
``(12 U.S.C. 1813(w))'';
(2) in paragraph (6), by striking ``1 et seq.'' and
inserting ``1a''; and
(3) in paragraph (18)(A)--
(A) by striking ```bank holding company',''; and
(B) by inserting ```includes','' before
```including',''.
SEC. 992. ANTITRUST SAVINGS CLAUSE CORRECTIONS.
Section 6 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5303) is amended, in the second sentence--
(1) by inserting ``(15 U.S.C. 12(a))'' after ``Clayton
Act''; and
(2) by striking ``Act, to'' and inserting ``Act (15 U.S.C.
45) to''.
SEC. 993. TITLE I CORRECTIONS.
The Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.) is
amended--
(1) in section 102(a)(6) (12 U.S.C. 5311(a)(6)), by
inserting ``(12 U.S.C. 1843(k))'' after ``of 1956'' each place
that term appears;
(2) in section 111 (12 U.S.C. 5321)--
(A) in subsection (b)--
(i) in paragraph (1)(G), by striking
``Chairperson'' and inserting ``Chairman''; and
(ii) in paragraph (2)(E), by striking
``such'' and inserting ``the''; and
(B) in subsection (c)(3), by striking ``that agency
or department head'' and inserting ``the head of that
member agency or department'';
(3) in section 112 (12 U.S.C. 5322)--
(A) in subsection (a)(2)--
(i) in subparagraph (D)--
(I) by striking ``to monitor'' and
inserting ``monitor''; and
(II) by striking ``to advise'' and
inserting ``advise'';
(ii) in subparagraph (J)--
(I) by striking ``that term is''
and inserting ``those terms are''; and
(II) by striking ``and settlement''
and inserting ``or settlement''; and
(iii) in subparagraph (L), by striking
``may''; and
(B) in subsection (d)(5)--
(i) in subparagraph (B), by striking
``subsection and'' and inserting ``subtitle
or''; and
(ii) in subparagraph (C), by striking
``subsection and'' and inserting ``subtitle
or'';
(4) in section 154(c) (12 U.S.C. 5344(c))--
(A) by striking ``Center.--'' and all that follows
through ``The Research'' and inserting ``Center.--The
Research''; and
(B) by redesignating subparagraphs (A) through (H)
as paragraphs (1) through (8), respectively, and
adjusting the margins accordingly;
(5) in section 155(a)(2) (12 U.S.C. 5345(a)(2)), by
striking ``(c),'' and inserting ``(c)'';
(6) in section 164 (12 U.S.C. 5364), by striking
``Institutions'' and inserting ``Institution'';
(7) in section 167(b)(1)(B)(ii) (12 U.S.C.
5367(b)(1)(B)(ii)), by striking ``to ensure'' and inserting
``ensure''; and
(8) in section 171(b)(4)(D) (12 U.S.C. 5371(b)(4)(D)), by
adding a period at the end.
SEC. 994. TITLE II CORRECTIONS.
Title II of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5381 et seq.) is amended--
(1) in section 210 (12 U.S.C. 5390)--
(A) in subsection (a)--
(i) in paragraph (1)(D), by striking
``wind-up'' and inserting ``wind up''; and
(ii) in paragraph (5)(C), by striking
``receiver seeking'' and inserting ``receiver)
seeking'';
(B) in subsection (b)(1), by striking ``11,725''
each place that term appears and inserting ``$11,725'';
(C) in subsection (m)(1)(B), by inserting ``of''
before ``the Bankruptcy Code''; and
(D) in subsection (o)(1)(D)(i)(I), by striking
``and (h)(5)(E)'' and inserting ``or (h)(5)(E)'';
(2) in section 211(d)(1)(C) (12 U.S.C. 5391(d)(1)(C)), by
striking ``orderly liquidation plan under section 210(n)(14)''
and inserting ``an orderly liquidation plan under section
210(n)(9)''; and
(3) in section 215(a)(5) (124 Stat. 1518), by striking
``amd'' and inserting ``and''.
SEC. 995. TITLE III CORRECTIONS.
(a) In General.--The Enhancing Financial Institution Safety and
Soundness Act of 2010 (12 U.S.C. 5401 et seq.) is amended--
(1) in section 327(b)(5) (12 U.S.C. 5437(b)(5)), by
striking ``in'' and inserting ``into'';
(2) in section 333(b)(2) (124 Stat. 1539), by inserting
``the second place that term appears'' before ``and
inserting''; and
(3) in section 369(5) (124 Stat. 1559)--
(A) in subparagraph (D)(i)--
(i) in subclause (III), by redesignating
items (aa), (bb), and (cc) as subitems (AA),
(BB), and (CC), respectively, and adjusting the
margins accordingly;
(ii) in subclause (IV), by redesignating
items (aa) and (bb) as subitems (AA) and (BB),
respectively, and adjusting the margins
accordingly;
(iii) in subclause (V), by redesignating
items (aa), (bb), and (cc) as subitems (AA),
(BB), and (CC), respectively, and adjusting the
margins accordingly; and
(iv) by redesignating subclauses (III),
(IV), and (V) as items (bb), (cc), and (dd),
respectively, and adjusting the margins
accordingly;
(B) in subparagraph (F)--
(i) in clause (ii), by adding ``and'' at
the end;
(ii) in clause (iii), by striking ``; and''
and inserting a semicolon; and
(iii) by striking clause (iv); and
(C) in subparagraph (G)(i), by inserting ``each
place such term appears'' before ``and inserting''.
(b) Effective Dates.--
(1) Section 333.--The amendment made by subsection (a)(2)
of this section shall take effect as if enacted as part of
subtitle C of the Enhancing Financial Institution Safety and
Soundness Act of 2010 (title III of Public Law 111-203; 124
Stat. 1538).
(2) Section 369.--The amendments made by subsection (a)(3)
of this section shall take effect as if enacted as part of
subtitle E of the Enhancing Financial Institution Safety and
Soundness Act of 2010 (title III of Public Law 111-203; 124
Stat. 1546).
SEC. 996. TITLE IV CORRECTION.
Section 414 of the Private Fund Investment Advisers Registration
Act of 2010 (title IV of Public Law 111-203; 124 Stat. 1578) is amended
in the section heading by striking ``commodities'' and inserting
``commodity''.
SEC. 997. TITLE VI CORRECTIONS.
(a) In General.--The Bank and Savings Association Holding Company
and Depository Institution Regulatory Improvements Act of 2010 (title
VI of Public Law 111-203; 124 Stat. 1596) is amended--
(1) in section 610 (124 Stat. 1611)--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b); and
(2) in section 618(a) (12 U.S.C. 1850a(a))--
(A) in paragraph (4)(B)(i), by inserting ``of
Governors'' after ``Board''; and
(B) in paragraph (6), by inserting ``(12 U.S.C.
1841)'' after ``Act of 1956''.
(b) Effective Date.--The amendments made by subsection (a)(1) of
this section shall take effect as if enacted as part of section 610 of
the Bank and Savings Association Holding Company and Depository
Institution Regulatory Improvements Act of 2010 (title VI of Public Law
111-203; 124 Stat. 1611).
SEC. 998. TITLE VII CORRECTIONS.
(a) In General.--The Wall Street Transparency and Accountability
Act of 2010 (15 U.S.C. 8301 et seq.) is amended--
(1) in section 719(c)(1)(B) (15 U.S.C. 8307(c)(1)(B)), by
adding a period at the end;
(2) in section 723(a)(1)(B) (124 Stat. 1675), by inserting
``, as added by section 107 of the Commodity Futures
Modernization Act of 2000 (Appendix E of Public Law 106-554;
114 Stat. 2763A-382),'' after ``subsection (i)'';
(3) in section 724(a) (124 Stat. 1682), by striking
``adding at the end'' and inserting ``inserting after
subsection (e)'';
(4) in section 734(b)(1) (124 Stat. 1718), by striking ``is
amended'' and all that follows through ``(B) in'' and inserting
``is amended in'';
(5) in section 741(b)(10) (124 Stat. 1732), by striking
``1a(19)(A)(iv)(II)'' each place that term appears and
inserting ``1a(18)(A)(iv)(II)''; and
(6) in section 749 (124 Stat. 1746)--
(A) in subsection (a)(2), by striking ``adding at
the end'' and inserting ``inserting after subsection
(f)''; and
(B) in subsection (h)(1)(B), by inserting ``the
second place that term appears'' before the semicolon.
(b) Effective Date.--The amendments made by paragraphs (3), (4),
(5), and (6) of subsection (a) shall take effect as if enacted as part
of part II of subtitle A of the Wall Street Transparency and
Accountability Act of 2010 (title VII of Public Law 111-203; 124 Stat.
1658).
SEC. 999. TITLE VIII CORRECTIONS.
The Payment, Clearing, and Settlement Supervision Act of 2010 (12
U.S.C. 5461 et seq.) is amended--
(1) in section 805(a)(2)(E) (12 U.S.C. 5464(a)(2)(E)), by
striking the quotation marks at the end;
(2) in section 806 (12 U.S.C. 5465)--
(A) in subsection (b), in the first sentence, by
striking ``(2)) after'' and inserting ``(2))) after'';
and
(B) in subsection (e)(1)(A)--
(i) by striking ``advance notice'' and
inserting ``advance''; and
(ii) by striking ``each Supervisory
Agency'' and inserting ``its Supervisory
Agency'';
(3) in section 807 (12 U.S.C. 5466)--
(A) in subsection (d)(1), by adding a period at the
end; and
(B) in subsection (f)(2), by inserting a comma
after ``under'' the second place that term appears;
(4) in section 808(b) (12 U.S.C. 5467(b)), by inserting a
comma after ``under'' the third place that term appears; and
(5) in section 813 (12 U.S.C. 5472), in the matter
preceding paragraph (1), by inserting ``that includes'' after
``Representatives''.
SEC. 999A. TITLE IX CORRECTIONS.
Section 939(h)(1) of the Investor Protection and Securities Reform
Act of 2010 (title IX of Public Law 111-203; 124 Stat. 1887) is
amended, in the matter preceding subparagraph (A)--
(1) by inserting ``The'' before ``Commission''; and
(2) by striking ``feasability'' and inserting
``feasibility''.
SEC. 999B. TITLE X CORRECTIONS.
(a) In General.--The Consumer Financial Protection Act of 2010 (12
U.S.C. 5481 et seq.) is amended--
(1) in section 1002(12)(G) (12 U.S.C. 5481(12)(G)), by
striking ``Home Owners'' and inserting ``Homeowners'';
(2) in section 1013(a)(1)(C) (12 U.S.C. 5493(a)(1)(C)), by
striking ``section 11(1) of the Federal Reserve Act (12 U.S.C.
248(1))'' and inserting ``subsection (l) of section 11 of the
Federal Reserve Act (12 U.S.C. 248(l)'';
(3) in section 1017(a)(5) (12 U.S.C. 5497(a)(5))--
(A) in subparagraph (A), in the last sentence by
striking ``716(c) of title 31, United States Code'' and
inserting ``716 of title 31, United States Code''; and
(B) in subparagraph (C), by striking ``section 3709
of the Revised Statutes of the United States (41 U.S.C.
5)'' and inserting ``section 6101 of title 41, United
States Code'';
(4) in section 1022(c)(9)(B) (12 U.S.C. 5512(c)(9)(B)), by
striking ``1978,'' and inserting ``1978'';
(5) in section 1025 (12 U.S.C. 5515)--
(A) in subsections (b), (c), and (d)--
(i) by inserting ``covered'' before
``persons'' each place that term appears; and
(ii) by inserting ``covered'' before
``person described in subsection (a)'' each
place that term appears;
(B) in subsection (d), by striking ``12 U.S.C.
1867(c)'' and inserting ``(12 U.S.C. 1867(c))''; and
(C) in subsection (e)(4)(F), by striking ``212 of
the Federal Credit Union Act (112 U.S.C. 1790a)'' and
inserting ``216 of the Federal Credit Union Act (12
U.S.C. 1790d)'';
(6) in section 1027(d)(1)(B) (12 U.S.C. 5517(d)(1)(B)), by
inserting a comma after ``(A)'';
(7) in section 1029(d) (12 U.S.C. 5519(d)), by striking the
period after ``Commission Act'';
(8) in section 1061 (12 U.S.C. 5581)--
(A) in subsection (b)(7)--
(i) by striking ``Secretary of the
Department of Housing and Urban Development''
each place that term appears and inserting
``Department of Housing and Urban
Development''; and
(ii) in subparagraph (A), by striking ``(12
U.S.C. 5102 et seq.)'' and inserting ``(12
U.S.C. 5101 et seq.)''; and
(B) in subsection (c)(2)(A), by striking
``procedures in'' and inserting ``procedures'';
(9) in section 1063 (12 U.S.C. 5583)--
(A) in subsection (f)(1)(B), by striking ``that'';
and
(B) in subsection (g)(1)(A)--
(i) by striking ``(12 U.S.C. 5102 et
seq.)'' and inserting ``(12 U.S.C. 5101 et
seq.)''; and
(ii) by striking ``seq)'' and inserting
``seq.)'';
(10) in section 1064(i)(1)(A)(iii) (12 U.S.C.
5584(i)(1)(A)(iii)), by inserting a period before ``If an'';
(11) in section 1073(c)(2) (12 U.S.C. 5601(c)(2))--
(A) in the paragraph heading, by inserting ``and
education'' after ``financial literacy''; and
(B) by striking ``its duties'' and inserting
``their duties'';
(12) in section 1076(b)(1) (12 U.S.C. 5602(b)(1)), by
inserting before the period at the end the following: ``, the
Bureau may, after notice and opportunity for comment, prescribe
regulations'';
(13) in section 1077(b)(4)(F) (124 Stat. 2076), by striking
``associates'' and inserting ``associate's'';
(14) in section 1084(1) (124 Stat. 2081)--
(A) by inserting ``paragraph (3) of section 903 (15
U.S.C. 1693a),'' before ``subsections (a) and (e) of
section 904'';
(B) by striking ``and in 918'' and inserting ``,
section 916(d) (15 U.S.C. 1693m(d)), section 918''; and
(C) by inserting a comma after ``2009)'';
(15) in section 1089 (124 Stat. 2092)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking
``and'' at the end; and
(ii) in subparagraph (B)(vi), by striking
the period at the end and inserting ``; and'';
and
(B) by redesignating paragraph (4) as subparagraph
(C) and adjusting the margins accordingly; and
(16) in section 1098(6) (124 Stat. 2104), by inserting
``the first place that term appears'' before ``and''.
(b) Effective Date.--The amendments made by paragraphs (14), (15),
and (16) of subsection (a) of this section shall take effect as if
enacted as part of subtitle H of the Consumer Financial Protection Act
of 2010 (title X of Public Law 111-203; 124 Stat. 2080).
SEC. 999C. TITLE XI CORRECTION.
Section 1105(d)(1) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5612(d)(1)) is amended by striking
``authority.--'' and all that follows through ``by the President'' and
inserting ``authority.--A request by the President''.
SEC. 999D. TITLE XII CORRECTION.
Section 1208(b) of the Improving Access to Mainstream Financial
Institutions Act of 2010 (12 U.S.C. 5626(b)) is amended by striking
``Fund for each'' and inserting ``Fund (as defined in section 103(10)
of the Riegle Community Development and Regulatory Improvement Act of
1994 (12 U.S.C. 4702(10))) for each''.
SEC. 999E. TITLE XIV CORRECTION.
Section 1451(c) of the Mortgage Reform and Anti-Predatory Lending
Act (12 U.S.C. 1701x-1(c)) is amended by striking ``pursuant''.
SEC. 999F. CONFORMING CORRECTIONS TO OTHER STATUTES.
(a) Alternative Mortgage Transaction Parity Act of 1982.--The
Alternative Mortgage Transaction Parity Act of 1982 (12 U.S.C. 3801 et
seq.) is amended--
(1) in section 802(a)(3) (12 U.S.C. 3801(a)(3)), by
striking ``the Director of the Office of Thrift Supervision''
and inserting ``the Bureau of Consumer Financial Protection'';
and
(2) in section 804(d)(1) (12 U.S.C. 3803(d)(1))--
(A) by striking ``identified'' and inserting
``issued''; and
(B) by striking the comma after ``Administration''.
(b) Bank Holding Company Acts.--
(1) Bank holding company act amendments of 1970.--Section
106(b)(1) of the Bank Holding Company Act Amendments of 1970
(12 U.S.C. 1972(1)) is amended, in the undesignated matter
following subparagraph (E)--
(A) by inserting ``Office of the'' before
``Comptroller of the''; and
(B) by striking ``Federal Deposit Insurance
Company'' and inserting ``Federal Deposit Insurance
Corporation''.
(2) Bank holding company act of 1956.--Section 13 of the
Bank Holding Company Act of 1956 (12 U.S.C. 1851) is amended--
(A) in subsection (d)(1)(E), by striking ``102 of
the Small Business Investment Act of 1958 (15 U.S.C.
662)'' and inserting ``103(3) of the Small Business
Investment Act of 1958 (15 U.S.C. 662(3))'';
(B) in subsection (f)(3)(A)(ii), by striking
``(d)(1)(g)(v)'' and inserting ``(d)(1)(G)(v)''; and
(C) in the matter preceding subparagraph (A) of
subsection (h)(1), by striking ``section 8 of the
International Banking Act of 1978'' and inserting
``section 8(a) of the International Banking Act of 1978
(12 U.S.C. 3106(a))''.
(c) Balanced Budget and Emergency Deficit Control Act.--Section
255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by striking ``Office of
Thrift Supervision (20-4108-0-3-373).''.
(d) Bretton Woods Agreements Act.--Section 68(a)(1) of the Bretton
Woods Agreements Act (22 U.S.C. 286tt(a)(1)) is amended by striking
``Fund ,'' and inserting ``Fund,''.
(e) CAN-SPAM Act of 2003.--Section 7(b)(1)(D) of the CAN-SPAM Act
of 2003 (15 U.S.C. 7706(b)(1)(D)) is amended by striking ``Director of
the Office of Thrift Supervision'' and inserting ``Comptroller of the
Currency or the Board of Directors of the Federal Deposit Insurance
Corporation, as applicable''.
(f) Children's Online Privacy Protection Act of 1998.--Section
1306(b)(2) of the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6505(b)(2)) is amended by striking ``Director of the Office of
Thrift Supervision'' and inserting ``Comptroller of the Currency or the
Board of Directors of the Federal Deposit Insurance Corporation, as
applicable''.
(g) Commodity Exchange Act.--The Commodity Exchange Act (7 U.S.C. 1
et seq.) is amended--
(1) in section 1a (7 U.S.C. 1a)--
(A) in paragraph (12)(A)(i)(II), by adding a
semicolon at the end;
(B) in paragraph (39)(A)(iv), by striking ``225''
and inserting ``25''; and
(C) in paragraph (47)(B)(viii)(II), by striking
``(15 U.S.C. 77b(a)(11))'' and inserting ``(15 U.S.C.
77b(a)(11)))'';
(2) in section 2 (7 U.S.C. 2)--
(A) in subsection (c)(2)(D)(ii)(I), by striking
``subparagraphs'' and inserting ``subparagraph''; and
(B) in subsection (h)--
(i) in paragraph (5)--
(I) in subparagraph (A)--
(aa) by striking ``Swaps''
and inserting ``Each swap'';
and
(bb) by striking ``no later
than 180 days after the
effective date of this
subsection.'' and inserting
``no later than--
``(i) 30 days after the issuance of the
interim final rule; or
``(ii) such other date as the Commission
determines appropriate.''; and
(II) in subparagraph (B), by
striking ``Swaps'' and inserting ``Each
swap'';
(ii) in paragraph (7)--
(I) in subparagraph (C)(i)(VII), by
inserting ``or a governmental plan''
after ``employee benefit plan''; and
(II) in subparagraph (D)(ii)(V), by
striking ``of that Act'' and inserting
``of that section''; and
(iii) in paragraph (8)(A)(ii), by inserting
``section'' before ``5h or'';
(3) in section 4 (7 U.S.C. 6)--
(A) in subsection (b)(1)(A), by striking
``commission'' each place that term appears and
inserting ``Commission''; and
(B) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) by inserting ``the Commission
shall not grant exemptions,'' after
``grant exemptions,''; and
(II) in clause (i)--
(aa) in subclause (I)--
(AA) by striking
``5(g), 5(h),''; and
(BB) by striking
``8e,''; and
(bb) in subclause (II), by
striking ``206(e)'' and
inserting ``206''; and
(ii) in subparagraph (B), by striking
``(D))'' and inserting ``(D)'';
(4) in section 4d(f)(2)(A) (7 U.S.C. 6d(f)(2)(A)), by
striking ``though'' and inserting ``through'';
(5) in section 4s (7 U.S.C. 6s)--
(A) in subsection (e)(3)--
(i) in subparagraph (B)(i)(II), by striking
``(11))'' and inserting ``(11)))''; and
(ii) in subparagraph (D)(ii), in the matter
preceding subclause (I), by striking ``non cash
collateral'' and inserting ``noncash
collateral'';
(B) in subsection (f)(1)(B)(i), by striking
``Commission'' and inserting ``prudential regulator'';
(C) in subsection (h)--
(i) in paragraph (2)(B), by inserting ``a''
before ``swap with''; and
(ii) in paragraph (5)(A)--
(I) in clause (i)--
(aa) by striking ``section
1a(18)'' and inserting
``section 1a(18)(A)''; and
(bb) in subclause (VII), by
striking ``act of'' and
inserting ``Act of''; and
(II) in clause (ii), by inserting
``in connection with the transaction''
after ``acting''; and
(D) in subsection (k)(3)(A)(ii), by striking ``the
code'' and inserting ``any code'';
(6) in section 5(d)(19)(A) (7 U.S.C. 7(d)(19)(A)), by
striking ``taking'' and inserting ``take'';
(7) in section 5b (7 U.S.C. 7a-1), by redesignating
subsection (k) as subsection (j);
(8) in section 5c(c) (7 U.S.C. 7a-2(c))--
(A) in paragraph (4)(B), by striking ``1a(10)'' and
inserting ``1a(9)''; and
(B) in paragraph (5)--
(i) in subparagraph (A), by striking ``this
subtitle'' and inserting ``this Act''; and
(ii) in subparagraph (C)(i), by striking
``1a(2)(i)'' and inserting ``1a(9)'';
(9) in section 5h (7 U.S.C. 7b-3)--
(A) in subsection (a)(1) , by striking ``a
facility'' and inserting ``a swap execution facility'';
and
(B) in subsection (f)(11)(A), by striking
``taking'' and inserting ``take'';
(10) in section 22(a)(1)(C)(ii) (7 U.S.C. 25(a)(1)(C)(ii)),
by striking ``or'' at the end; and
(11) in section 23 (7 U.S.C. 26)--
(A) in subsection (c)--
(i) in paragraph (1)(B)(i)(III), by
striking ``the Act'' each place that term
appears and inserting ``this Act''; and
(ii) in paragraph (2)(A)(i), by striking
``a appropriate'' and inserting ``an
appropriate''; and
(B) in subsection (f)(3), by striking ``7064'' and
inserting ``706''.
(h) Community Reinvestment Act of 1977.--The Community Reinvestment
Act of 1977 (12 U.S.C. 2901 et seq.) is amended--
(1) in section 803(1)(C) (12 U.S.C. 2902(1)(C)), by
striking the period at the end and inserting a semicolon; and
(2) in section 806 (12 U.S.C. 2905), by striking
``companies,,'' and inserting ``companies,''.
(i) Credit Repair Organizations Act.--Section 403(4) of the Credit
Repair Organizations Act (15 U.S.C. 1679a(4)) is amended by striking
``103(e)'' and inserting ``103(f)''.
(j) Depository Institution Management Interlocks Act.--Section
205(9) of the Depository Institution Management Interlocks Act (12
U.S.C. 3204(9)) is amended by striking ``Director of the Office of
Thrift Supervision'' and inserting ``appropriate Federal banking
agency''.
(k) Economic Growth and Regulatory Paperwork Reduction Act of
1996.--Section 2227(a)(1) of the Economic Growth and Regulatory
Paperwork Reduction Act of 1996 (12 U.S.C. 252(a)(1)) is amended by
striking ``the Director of the Office of Thrift Supervision,''.
(l) Electronic Fund Transfer Act.--The Electronic Fund Transfer Act
(15 U.S.C. 1693 et seq.) is amended--
(1) in section 903 (15 U.S.C. 1693a)--
(A) in paragraph (2), by striking ``103(i)'' and
inserting ``103(j)''; and
(B) by redesignating the first paragraph designated
as paragraph (4) (defining the term ``Board'') as
paragraph (3);
(2) in section 904(a) (15 U.S.C. 1693b(a))--
(A) by redesignating the second paragraph
designated as paragraph (1) (relating to consultation
with other agencies), the second paragraph designated
as paragraph (2) (relating to the preparation of an
analysis of economic impact), paragraph (3), and
paragraph (4) as subparagraphs (A), (B), (C), and (D),
respectively, and adjusting the margins accordingly;
(B) by striking ``In prescribing such regulations,
the Board shall:'' and inserting the following:
``(3) Regulations.--In prescribing regulations under this
subsection, the Bureau and the Board shall--'';
(C) in paragraph (3)(C), as so redesignated, by
striking ``the Board shall'';
(D) in paragraph (3)(D), as so redesignated--
(i) by inserting ``send promptly'' before
``any''; and
(ii) by striking ``shall be sent promptly
to Congress by the Board'' and inserting ``to
Congress'';
(3) in section 909(c) (15 U.S.C. 1693g(c)), by striking
``103(e)'' and inserting ``103(f)'';
(4) in section 918(a)(4) (15 U.S.C. 1693o(a)(4), by
striking ``Act and'' and inserting ``Act; and''; and
(5) in section 920(a)(4)(C) (15 U.S.C. 1693o-2(a)(4)(C)),
by striking ``the Director of the Office of Thrift
Supervision,''.
(m) Emergency Economic Stabilization Act of 2008.--Section 101(b)
of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211(b))
is amended by striking ``the Director of the Office of Thrift
Supervision,''.
(n) Equal Credit Opportunity Act.--The Equal Credit Opportunity Act
(15 U.S.C. 1691 et seq.) is amended--
(1) in section 703 (15 U.S.C. 1691b)--
(A) in each of subsections (c) and (d), by striking
``paragraph'' each place that term appears and
inserting ``subsection''; and
(B) in subsection (g), by adding a period at the
end;
(2) in section 704 (15 U.S.C. 1691c)--
(A) in subsection (a), by striking ``Consumer
Protection Financial Protection Act of 2010 with'' and
inserting ``Consumer Financial Protection Act of 2010,
compliance with''; and
(B) in subsection (c), in the second sentence, by
striking ``subchapter'' and inserting ``title'';
(3) in section 704B(e)(3) (15 U.S.C. 1691c-2(e)(3)), by
striking ``(1)(E)'' and inserting ``(2)(E)''; and
(4) in section 706(k) (15 U.S.C. 1691e(k)), by striking ``,
(2), or (3)'' and inserting ``or (2)''.
(o) Expedited Funds Availability Act.--The Expedited Funds
Availability Act (12 U.S.C. 4001 et seq.) is amended--
(1) in section 605(f)(2)(A) (12 U.S.C. 4004(f)(2)(A)), by
striking ``,,'' and inserting a semicolon; and
(2) in section 610(a)(2) (12 U.S.C. 4009(a)(2)), by
striking ``Director of the Office of Thrift Supervision'' and
inserting ``Comptroller of the Currency and the Board of
Directors of the Federal Deposit Insurance Corporation, as
appropriate,''.
(p) Fair Credit Reporting Act.--The Fair Credit Reporting Act (15
U.S.C. 1681 et seq.) is amended--
(1) in section 603 (15 U.S.C. 1681a)--
(A) in subsection (d)(2)(D), by striking ``(x)''
and inserting ``(y)'';
(B) in subsection (q)(5), by striking ``103(i)''
and inserting ``103(j)''; and
(C) in subsection (v), by striking ``Bureau'' and
inserting ``Federal Trade Commission'';
(2) in section 604 (15 U.S.C. 1681b)--
(A) in subsection (b)(2)(B)(i), by striking
``section 615(a)(3)'' and inserting ``section
615(a)(4)''; and
(B) in subsection (g)(5), by striking ``paragraph
(2).--'' and all that follows through ``The Bureau''
and inserting ``paragraph (2).--The Bureau'';
(3) in section 605(h)(2)(A) (15 U.S.C. 1681c(h)(2)(A))--
(A) by striking ``shall,,'' and inserting
``shall,''; and
(B) by striking ``Commission,,'' and inserting
``Commission,'';
(4) in paragraphs (1)(A), (1)(B)(i), (2)(A)(i), and (2)(B)
of section 605A(h) (15 U.S.C. 1681c-1(h))--
(A) by striking ``103(i)'' and inserting ``103(j)''
each place that term appears; and
(B) by striking ``open-end'' and inserting ``open
end'' each place that term appears;
(5) in section 609 (15 U.S.C. 1681g)--
(A) in subsection (c)(1)--
(i) in the paragraph heading, by striking
``commission'' and inserting ``bureau''; and
(ii) in subparagraph (B)(vi), by striking
``603(w)'' and inserting ``603(x)''; and
(B) by striking ``The Commission'' each place that
term appears and inserting ``The Bureau'';
(6) in section 611 (15 U.S.C. 1681i), by striking ``The
Commission'' each place that term appears and inserting ``The
Bureau'';
(7) in section 612 (15 U.S.C. 1681j)--
(A) in subsection (a)(1), by striking ``(w)'' and
inserting ``(x)''; and
(B) by striking ``The Commission'' each place that
term appears and inserting ``The Bureau''; and
(8) in section 621 (15 U.S.C. 1681s)--
(A) in subsection (a)(1), in the first sentence, by
striking ``, subsection (b)'';
(B) in subsection (e)(2), by inserting a period
after ``provisions of this title''; and
(C) in subsection (f)(2), by striking ``The
Commission'' and inserting ``The Bureau''.
(q) Federal Credit Union Act.--Section 206(g)(7)(D)(iv) of the
Federal Credit Union Act (12 U.S.C. 1786(g)(7)(D)(iv)) is amended by
striking the semicolon at the end and inserting a period.
(r) Federal Deposit Insurance Act.--The Federal Deposit Insurance
Act (12 U.S.C. 1811 et seq.) is amended--
(1) in section 3(q)(2)(C) (12 U.S.C. 1813(q)(2)(C)), by
adding ``and'' at the end;
(2) in section 7 (12 U.S.C. 1817)--
(A) in subsection (b)(2)--
(i) in subparagraph (A), by striking
``(D)'' and inserting ``(C)''; and
(ii) by redesignating subparagraphs (D) and
(E) as subparagraphs (C) and (D), respectively;
and
(B) in subsection (e)(2)(C), by adding a period at
the end;
(3) in section 8 (12 U.S.C. 1818)--
(A) in subsection (b)(3), by striking ``Act))'' and
inserting ``Act)''; and
(B) in subsection (t)--
(i) in paragraph (2)--
(I) in subparagraph (C), by
striking ``depositors or'' and
inserting ``depositors; or''; and
(II) in subparagraph (D), by
striking the semicolon at the end and
inserting a period; and
(ii) by redesignating the second paragraph
designated as paragraph (6), as added by
section 1090(1) of the Consumer Financial
Protection Act of 2010 (title X of Public Law
111-203; 124 Stat. 2093) (relating to referral
to the Bureau of Consumer Financial
Protection), as paragraph (7);
(4) in section 10(b)(3)(A) (12 U.S.C. 1820(b)(3)(A)), by
striking ``that Act'' and inserting ``the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5301 et
seq.)'';
(5) in section 11 (12 U.S.C. 1821)--
(A) in subsection (d)(2)(I)(ii), by striking ``and
section 21A(b)(4)''; and
(B) in subsection (m), in each of paragraphs (16)
and (18), by striking the comma after ``Comptroller of
the Currency'' each place it appears; and
(6) in section 26(a) (12 U.S.C. 1831c(a)), by striking
``Holding Company Act'' each place that term appears and
inserting ``Holding Company Act of 1956''.
(s) Federal Financial Institutions Examination Council Act of
1978.--Section 1003(1) of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3302(1)) is amended by
striking ``the Office of Thrift Supervision,''.
(t) Federal Fire Prevention and Control Act of 1974.--Section
31(a)(5)(B) of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2227(a)(5)(B)) is amended by striking ``the Federal Deposit
Insurance Corporation'' and all that follows through the period and
inserting ``or the Federal Deposit Insurance Corporation under the
affordable housing program under section 40 of the Federal Deposit
Insurance Act.''.
(u) Federal Home Loan Bank Act.--The Federal Home Loan Bank Act (12
U.S.C. 1421 et seq.) is amended--
(1) in section 10(h)(1) (12 U.S.C. 1430(h)(1)), by striking
``Director of the Office of Thrift Supervision'' and inserting
``Comptroller of the Currency or the Board of Directors of the
Federal Deposit Insurance Corporation, as applicable''; and
(2) in section 22(a) (12 U.S.C. 1442(a))--
(A) in the matter preceding paragraph (1), by
striking ``Currency'' and all that follows through
``Supervision'' and inserting ``Currency, the Chairman
of the Board of Governors of the Federal Reserve
System, the Chairperson of the Federal Deposit
Insurance Corporation, and the Chairman of the National
Credit Union Administration''; and
(B) in the undesignated matter following paragraph
(2), by striking ``Currency'' and all that follows
through ``Supervision'' and inserting ``Currency, the
Chairman of the Board of Governors of the Federal
Reserve System, and the Chairman of the National Credit
Union Administration''.
(v) Federal Reserve Act.--The Federal Reserve Act (12 U.S.C. 221 et
seq.) is amended--
(1) in section 10 (12 U.S.C. 247b), by redesignating
paragraph (12) as paragraph (11); and
(2) in section 11 (12 U.S.C. 248)--
(A) by redesignating subsection (s), as added by
section 1103(b) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (124 Stat. 2118) (relating
to Federal Reserve transparency and release of
information), as subsection (t), and moving subsection
(t), as so redesignated, so it appears after subsection
(s);
(B) in subsection (s)(2)(C), by striking
``supervised by the Board'' and inserting ``subject to
a final determination''; and
(C) in subsection (t), as so redesignated, in
paragraph (8)(B), by striking ``this section'' and
inserting ``this subsection''.
(w) Financial Institutions Reform, Recovery, and Enforcement Act of
1989.--The Financial Institutions Reform, Recovery, and Enforcement Act
of 1989 (Public Law 101-73; 103 Stat. 183) is amended--
(1) in section 1121(6) (12 U.S.C. 3350(6)), by striking
``the Office of Thrift Supervision,''; and
(2) in section 1206(a) (12 U.S.C. 1833b(a)), by striking
``and the Bureau of Consumer Financial Protection,'' and
inserting ``the Bureau of Consumer Financial Protection, and''.
(x) Gramm-Leach-Bliley Act.--The Gramm-Leach-Bliley Act (Public Law
106-102; 113 Stat. 1338) is amended--
(1) in section 132(a) (12 U.S.C. 1828b(a)), by striking
``the Director of the Office of Thrift Supervision,'';
(2) in section 206(a) (15 U.S.C. 78c note), by striking
``Except as provided in subsection (e), for'' and inserting
``For'';
(3) in section 502(e)(5) (15 U.S.C. 6802(e)(5)), by
inserting a comma after ``Protection'';
(4) in section 504(a)(2) (15 U.S.C. 6804(a)(2)), by
striking ``and, as appropriate, and with'' and inserting ``and,
as appropriate, with'';
(5) in section 509(2) (15 U.S.C. 6809(2))--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively; and
(6) in section 522(b)(1)(A)(iv) (15 U.S.C.
6822(b)(1)(A)(iv)), by striking ``Director of the Office of
Thrift Supervision'' and inserting ``Comptroller of the
Currency and the Board of Directors of the Federal Deposit
Insurance Corporation, as appropriate''.
(y) Helping Families Save Their Homes Act of 2009.--Section 104 of
the Helping Families Save Their Homes Act of 2009 (12 U.S.C. 1715z-25)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``and the Director of the
Office of Thrift Supervision, shall jointly''
and inserting ``shall'';
(ii) by striking ``Senate,'' and inserting
``Senate and'';
(iii) by striking ``and the Office of
Thrift Supervision''; and
(iv) by striking ``each such'' and
inserting ``such''; and
(B) in paragraph (1), by striking ``and the Office
of Thrift Supervision''; and
(2) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) in the first sentence--
(I) by striking ``and the Director
of the Office of Thrift Supervision,'';
and
(II) by striking ``or the
Director''; and
(ii) in the second sentence, by striking
``and the Director of the Office of Thrift
Supervision''; and
(B) in subparagraph (B), by striking ``and the
Director of the Office of Thrift Supervision''.
(z) Home Mortgage Disclosure Act of 1975.--The Home Mortgage
Disclosure Act of 1975 (12 U.S.C. 2801 et seq.) is amended--
(1) in section 304(j)(3) (12 U.S.C. 2803(j)(3)), by adding
a period at the end; and
(2) in section 305(b)(1)(A) (12 U.S.C. 2804(b)(1)(A))--
(A) in the matter preceding clause (i), by
inserting ``by'' before ``the appropriate Federal
banking agency''; and
(B) in clause (iii), by striking ``bank as,'' and
inserting ``bank, as''.
(aa) Home Owners' Loan Act.--The Home Owners' Loan Act (12 U.S.C.
1461 et seq.) is amended--
(1) in section 5 (12 U.S.C. 1464)--
(A) in subsection (d)(2)(E)(ii)--
(i) in the first sentence, by striking
``Except as provided in section 21A of the
Federal Home Loan Bank Act, the'' and inserting
``The''; and
(ii) by striking ``, at the Director's
discretion,'';
(B) in subsection (i)(6), by striking ``the Office
of Thrift Supervision or'';
(C) in subsection (m), by striking ``Director's''
each place that term appears and inserting
``appropriate Federal banking agency's'';
(D) in subsection (n)(9)(B), by striking
``Director's'' and inserting ``Comptroller's''; and
(E) in subsection (s)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``of such
Act)'' and all that follows through
``shall require'' and inserting ``of
such Act), the appropriate Federal
banking agency shall require''; and
(II) in subparagraph (B), by
striking ``other methods'' and all that
follows through ``determines'' and
inserting ``other methods as the
appropriate Federal banking agency
determines'';
(ii) in paragraph (2)--
(I) by striking ``determined'' and
all that follows through ``may,
consistent'' and inserting ``determined
by appropriate federal banking agency
case-by-case.--The appropriate Federal
banking agency may, consistent''; and
(II) by striking ``capital-to-
assets'' and all that follows through
``determines to be necessary'' and
inserting ``capital-to-assets as the
appropriate Federal banking agency
determines to be necessary''; and
(iii) in paragraph (3)--
(I) by striking ``agency, may'' and
inserting ``agency may''; and
(II) by striking ``the
Comptroller'' and inserting ``the
appropriate Federal banking agency'';
(2) in section 6(c) (12 U.S.C. 1465(c)), by striking
``sections'' and inserting ``section'';
(3) in section 10 (12 U.S.C. 1467a)--
(A) in subsection (b)(6), by striking ``time'' and
all that follows through ``release'' and inserting
``time, upon the motion or application of the Board,
release'';
(B) in subsection (c)(2)(H)--
(i) in the matter preceding clause (i)--
(I) by striking ``1841(p))'' and
inserting ``1841(p)))''; and
(II) by inserting ``(12 U.S.C.
1843(k))'' before ``if--''; and
(ii) in clause (i), by inserting ``of 1956
(12 U.S.C. 1843(l) and (m))'' after ``Company
Act''; and
(C) in subsection (e)(7)(B)(iii)--
(i) by striking ``Board of the Office of
Thrift Supervision'' and inserting ``Director
of the Office of Thrift Supervision''; and
(ii) by inserting ``(as defined in section
2 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301))''
after ``transfer date''; and
(4) in section 13 (12 U.S.C. 1468b), by striking ``the a''
and inserting ``a''.
(bb) Home Ownership and Equity Protection Act of 1994.--Section 158
of the Home Ownership and Equity Protection Act of 1994 (15 U.S.C. 1601
note) is amended by striking ``Bureau'' each place that term appears
and inserting ``Bureau of Consumer Financial Protection''.
(cc) Housing Act of 1948.--Section 502(c)(3) of the Housing Act of
1948 (12 U.S.C. 1701c(c)(3)) is amended by striking ``Federal Home Loan
Bank Agency'' and inserting ``Federal Housing Finance Agency''.
(dd) Housing and Urban Development Act of 1968.--Section 106(h)(5)
of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701x(h)(5)) is amended by striking ``authorised'' and inserting
``authorized''.
(ee) International Banking Act of 1978.--Section 15 of the
International Banking Act of 1978 (12 U.S.C. 3109) is amended--
(1) in each of subsections (a) and (b)--
(A) by striking ``, and Director of the Office of
Thrift Supervision'' each place that term appears; and
(B) by inserting ``and'' before ``Federal Deposit''
each place that term appears;
(2) in subsection (a), by striking ``Comptroller,
Corporation, or Director'' and inserting ``Comptroller, or
Corporation''; and
(3) in subsection (c)(4)--
(A) by inserting ``and'' before ``the Federal
Deposit''; and
(B) by striking ``, and the Director of the Office
of Thrift Supervision''.
(ff) International Lending Supervision Act of 1983.--Section 912 of
the International Lending Supervision Act of 1983 (12 U.S.C. 3911) is
amended--
(1) in the section heading, by striking ``and the office of
thrift supervision'';
(2) by striking subsection (b);
(3) by striking ``(a) In General.--''; and
(4) by striking ``4'' and inserting ``3''.
(gg) Interstate Land Sales Full Disclosure Act.--The Interstate
Land Sales Full Disclosure Act (15 U.S.C. 1701 et seq.) is amended--
(1) in section 1402(1) (15 U.S.C. 1701(1)) by striking
``Bureau of'' and all that follows through the semicolon at the
end and inserting ``Bureau of Consumer Financial Protection;'';
and
(2) in each of section 1411(b) (15 U.S.C. 1710(b)) and
subsections (b)(4) and (d) of section 1418a (15 U.S.C. 1717a),
by striking ``Secretary's'' each place that term appears and
inserting ``Director's''.
(hh) Investment Advisers Act of 1940.--Section 224 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-18c) is amended in the
section heading, by striking ``commodities'' and inserting
``commodity''.
(ii) Legal Certainty for Bank Products Act of 2000.--Section
403(b)(1) of the Legal Certainty for Bank Products Act of 2000 (7
U.S.C. 27a(b)(1)) is amended by striking ``that section'' and inserting
``section''.
(jj) Omnibus Appropriations Act, 2009.--Section 626(b) of the
Omnibus Appropriations Act, 2009 (12 U.S.C. 5538(b)) is amended, in
each of paragraphs (2) and (3), by inserting a comma after ``as
appropriate'' each place that term appears.
(kk) Public Law 93-495.--Section 111 of Public Law 93-495 (12
U.S.C. 250) is amended by striking ``the Director of the Office of
Thrift Supervision,''.
(ll) Revised Statutes of the United States.--Section 5136C(i) of
the Revised Statutes of the United States (12 U.S.C. 25b(i)) is amended
by striking ``Powers.--'' and all that follows through ``In
accordance'' and inserting ``Powers.--In accordance''.
(mm) Riegle Community Development and Regulatory Improvement Act of
1994.--Section 117(e) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4716(e)) is amended by
striking ``the Director of the Office of Thrift Supervision,''.
(nn) S.A.F.E. Mortgage Licensing Act of 2008.--Section 1514 of the
S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5113) is amended in
each of subsections (b)(5) and (c)(4)(C), by striking ``Secretary's''
each place that term appears and inserting ``Director's''.
(oo) Securities Exchange Act of 1934.--The Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.) is amended--
(1) in section 3C(g)(4)(B)(v) (15 U.S.C. 78c-
3(g)(4)(B)(v)), by striking ``of that Act'' and inserting ``of
that section'';
(2) in section 3D(d)(10)(A) (15 U.S.C. 78c-4(d)(10)(A)), by
striking ``taking'' and inserting ``take'';
(3) in section 3E(b)(1) (15 U.S.C. 78c-5(b)(1)), by
striking ``though'' and inserting ``through'';
(4) in section 4(g)(8)(A) (15 U.S.C. 78d(g)(8)(A)), by
striking ``(2)(A)(i)'' and inserting ``(2)(A)(ii)'';
(5) in section 15 (15 U.S.C. 78o)--
(A) in each of subparagraphs (B)(ii) and (C) of
subsection (b)(4), by striking ``dealer municipal
advisor,,'' and inserting ``dealer, municipal
advisor,'';
(B) by redesignating subsection (j) (relating to
the authority of the Commission) as subsection (p), and
moving that subsection so it follows subsection (o);
(C) by redesignating subsections (k) and (l)
(relating to standard of conduct and other matters,
respectively), as added by section 913(g)(1) of the
Investor Protection and Securities Reform Act of 2010
(title IX of Public Law 111-203; 124 Stat. 1828), as
subsections (q) and (r), respectively and moving those
subsections to the end; and
(D) in subsection (m), in the undesignated matter
following paragraph (2), by inserting ``the'' before
``same extent'';
(6) in section 15F(h) (15 U.S.C. 78o-10(h))--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``a''
after ``that acts as an advisor to''; and
(ii) in subparagraph (B), by inserting
``a'' after ``offers to enter into''; and
(B) in paragraph (5)(A)(i)--
(i) by inserting ``(A)'' after ``(18)'';
and
(ii) in subclause (VII), by striking ``act
of'' and inserting ``Act of'';
(7) in section 15G (15 U.S.C. 78o-11)--
(A) in subsection (b)(2), by inserting ``Director
of the'' before ``Federal Housing''; and
(B) in subsection (e)--
(i) in paragraph (4)--
(I) in subparagraph (A), by
striking ``subsection'' and inserting
``section''; and
(II) in subparagraph (C)--
(aa) by striking
``129C(c)(2)'' and inserting
``129C(b)(2)(A)''; and
(bb) by inserting ``(15
U.S.C. 1639c(b)(2)(A))'' after
``Lending Act''; and
(ii) in paragraph (5), by striking
``subsection'' and inserting ``section''; and
(8) in section 17A (15 U.S.C. 78q-1), by redesignating the
second subsection designated as subsection (g), as added by
section 929W of the Investor Protection and Securities Reform
Act of 2010 (title IX of Public Law 111-203; 124 Stat. 1869)
(relating to due diligence for the delivery of dividends,
interest, and other valuable property rights), as subsection
(n) and moving that subsection to the end.
(pp) Telemarketing and Consumer Fraud and Abuse Prevention Act.--
Section 3(b) of the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6102(b)) is amended by inserting before the
period at the end the following: ``, provided, however, that nothing in
this section shall conflict with or supersede section 6 of the Federal
Trade Commission Act (15 U.S.C. 46)''.
(qq) Title 5.--Title 5, United States Code, is amended--
(1) in section 3132(a)(1)(D), by striking ``the Office of
Thrift Supervision,, the Resolution Trust Corporation,''; and
(2) in section 5314, by striking ``Director of the Office
of Thrift Supervision.''.
(rr) Title 31.--
(1) Amendments.--Title 31, United States Code, is amended--
(A) by striking section 309;
(B) in section 313--
(i) in subsection (j)(2), by striking
``Agency''; and
(ii) in subsection (r)(4), by striking
``the Office of Thrift Supervision,''; and
(C) in section 714(d)(3)(B) by striking ``a audit''
and inserting ``an audit''.
(2) Analysis.--The analysis for subchapter I of chapter 3
of title 31, United States Code, is amended by striking the
item relating to section 309.
(ss) Truth in Lending Act.--The Truth in Lending Act (15 U.S.C.
1601 et seq.) is amended--
(1) in section 103(dd)(2)(E)(v) (15 U.S.C.
1602(dd)(2)(E)(v)), as redesignated by section 909(a)(1) of
this Act, by striking ``Board'' and inserting ``Bureau'';
(2) in section 105 (15 U.S.C. 1604), by inserting
subsection (h), as added by section 1472(c) of the Mortgage
Reform and Anti-Predatory Lending Act (title XIV of Public Law
111-203; 124 Stat. 2190), before subsection (i), as added by
section 1100A(7) of the Consumer Financial Protection Act of
2010 (title X of Public Law 111-203; 124 Stat. 2108);
(3) in section 106(f)(2)(B)(i) (15 U.S.C.
1605(f)(2)(B)(i)), by striking ``103(w)'' and inserting
``103(x)'';
(4) in section 121(b) (15 U.S.C. 1631(b)), by striking
``103(f)'' and inserting ``103(g)'';
(5) in section 122(d)(5) (15 U.S.C. 1632(d)(5)), by
striking ``and the Bureau'';
(6) in section 125(e)(1) (15 U.S.C. 1635(e)(1)), by
striking ``103(w)'' and inserting ``103(x)'';
(7) in section 129 (15 U.S.C. 1639)--
(A) in subsection (q), by striking ``(l)(2)'' and
inserting ``(p)(2)''; and
(B) in subsection (u)(3), by striking ``Board''
each place that term appears and inserting ``Bureau'';
(8) in section 129C (15 U.S.C. 1639c)--
(A) in subsection (b)(2)(B), by striking the second
period at the end; and
(B) in subsection (c)(1)(B)(ii)(I), by striking ``a
original'' and inserting ``an original'';
(9) in section 140A (15 U.S.C. 1651), by striking ``the
Bureau and'';
(10) in section 148(d) (15 U.S.C. 1665c(d)), by striking
``Bureau'' and inserting ``Board'';
(11) in section 149 (15 U.S.C. 1665d)--
(A) by striking ``the Director of the Office of
Thrift Supervision,'' each place that term appears;
(B) by striking ``National Credit Union
Administration Bureau'' each place that term appears
and inserting ``National Credit Union Administration
Board''; and
(C) by striking ``Bureau of Directors of the
Federal Deposit Insurance Corporation'' each place that
term appears and inserting ``Board of Directors of the
Federal Deposit Insurance Corporation''; and
(12) in section 181(1) (15 U.S.C. 1667(1)), by striking
``103(g)'' and inserting ``103(h)''.
(tt) Truth in Savings Act.--The Truth in Savings Act (12 U.S.C.
4301 et seq.) is amended in each of sections 269(a)(4) (12 U.S.C.
4308(a)(4)), 270(a)(2) (12 U.S.C. 4309(a)(2)), and 274(6) (12 U.S.C.
4313(6)), by striking ``Administration Bureau'' each place that term
appears and inserting ``Administration Board''.
SEC. 999G. RULEMAKING DEADLINES.
(a) One-Year Extension.--The deadline for issuance of any rule or
regulation, conduct of any study, or submission of any report required
by the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203) or amendments made by that Act that has not been
met or is not met in final form by the date specified in that Act or
those amendments, shall be extended for 1 year.
(b) No Effect on Finalized Rules.--The extension provided under
subsection (a) shall have no effect on any rule required by the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203) or amendments made by that Act that have been issued in final form
before the date of enactment of this title.
SEC. 999H. EFFECTIVE DATES.
Except as otherwise specifically provided in this title--
(1) the amendments made by this title to a provision of the
Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203) shall take effect as if enacted on the
effective date of the provision, immediately after the
provision takes effect; and
(2) the amendments made by this title to a provision of law
amended by the Dodd-Frank Wall Street Reform and Consumer
Protection Act shall take effect as if enacted on the effective
date of the amendment to that provision of law made by the
Dodd-Frank Wall Street Reform and Consumer Protection Act,
immediately after the amendment made by the Dodd-Frank Wall
Street Reform and Consumer Protection Act takes effect.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2016''.
DIVISION B--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,045,562,000, to remain available until expended, including all such
amounts as are collected from permit processing fees, as authorized but
made subject to future appropriation by section 35(d)(3)(A)(i) of the
Mineral Leasing Act (30 U.S.C. 191), as amended, except that amounts
from permit processing fees may be used for any bureau-related expenses
associated with the processing of oil and gas applications for permits
to drill and related use authorizations; of which $3,000,000 shall be
available in fiscal year 2016 subject to a match by at least an equal
amount by the National Fish and Wildlife Foundation for cost-shared
projects supporting conservation of Bureau lands; and such funds shall
be advanced to the Foundation as a lump-sum grant without regard to
when expenses are incurred.
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2016, so as to result in a final appropriation estimated at
not more than $1,045,562,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $18,922,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$105,621,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 1181(f)).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315(b), 315(m)) and the
amount designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided, That not to
exceed $600,000 shall be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That, notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That, notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for processing
into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,203,545,000, to remain
available until September 30, 2017 except as otherwise provided herein:
Provided, That not to exceed $17,515,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533) (except for processing
petitions, developing and issuing proposed and final regulations, and
taking any other steps to implement actions described in subsection
(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$1,605,000 shall be used for any activity regarding the designation of
critical habitat, pursuant to subsection (a)(3), excluding litigation
support, for species listed pursuant to subsection (a)(1) prior to
October 1, 2012; of which not to exceed $1,501,000 shall be used for
any activity regarding petitions to list species that are indigenous to
the United States pursuant to subsections (b)(3)(A) and (b)(3)(B); and,
of which not to exceed $1,504,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533) for species that are not
indigenous to the United States.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$23,687,000, to remain available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, (16 U.S.C. 460l-4 et seq.), including administrative
expenses, and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the United States
Fish and Wildlife Service, $48,887,000, to be derived from the Land and
Water Conservation Fund and to remain available until expended:
Provided, That none of the funds appropriated for specific land
acquisition projects may be used to pay for any administrative
overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $42,417,000, to remain available
until expended, of which $20,600,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$21,817,000 is to be derived from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$35,145,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $3,660,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $10,061,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and federally recognized
Indian tribes under the provisions of the Fish and Wildlife Act of 1956
and the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished, $60,571,000,
to remain available until expended: Provided, That, of the amount
provided herein, $4,084,000 is for a competitive grant program for
federally recognized Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That $5,487,000 is
for a competitive grant program to implement approved plans for States,
territories, and other jurisdictions and at the discretion of affected
States, the regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation: Provided
further, That the Secretary shall, after deducting $9,571,000 and
administrative expenses, apportion the amount provided herein in the
following manner: (1) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to not more than one-half
of 1 percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1 percent
thereof: Provided further, That the Secretary shall apportion the
remaining amount in the following manner: (1) one-third of which is
based on the ratio to which the land area of such State bears to the
total land area of all such States; and (2) two-thirds of which is
based on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted equitably so
that no State shall be apportioned a sum which is less than 1 percent
of the amount available for apportionment under this paragraph for any
fiscal year or more than 5 percent of such amount: Provided further,
That the Federal share of planning grants shall not exceed 75 percent
of the total costs of such projects and the Federal share of
implementation grants shall not exceed 65 percent of the total costs of
such projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs: Provided
further, That any amount apportioned in 2016 to any State, territory,
or other jurisdiction that remains unobligated as of September 30,
2017, shall be reapportioned, together with funds appropriated in 2018,
in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,323,273,000, of which $9,923,000 for planning and
interagency coordination in support of Everglades restoration and
$96,961,000 for maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30, 2017.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $63,132,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (16 U.S.C. 470 et seq.), $61,410,000, to be derived
from the Historic Preservation Fund and to remain available until
September 30, 2017, of which $500,000 is for competitive grants for the
survey and nomination of properties to the National Register of
Historic Places and as National Historic Landmarks associated with
communities currently underrepresented, as determined by the Secretary,
and of which $5,000,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement: Provided, That such
competitive grants shall be made without imposing the matching
requirements in Section 102(a)(3) of the National Historic Preservation
Act (16 U.S.C. 470(a)(3)) to States and Tribes as defined in 16 U.S.C.
470w, Native Hawaiian organizations, local governments, including
Certified Local Governments, and nonprofit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, including modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989 (16
U.S.C. 410r-8), $192,937,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, for any
project initially funded in fiscal year 2016 with a future phase
indicated in the National Park Service 5-Year Line Item Construction
Plan, a single procurement may be issued which includes the full scope
of the project: Provided further, That the solicitation and contract
shall contain the clause availability of funds found at 48 CFR 52.232-
18: Provided further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fee Permanent appropriations
may be made available for the cost of adjustments and changes within
the original scope of effort for projects funded by the National Park
Service Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming thresholds,
prior to making any charges authorized by this section.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2016 by section 9
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
10a) is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Act of 1965 (16 U.S.C. 460l-4 through 11), including administrative
expenses, and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to the National
Park Service, $106,275,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of which
$55,000,000 is for the State assistance program and of which $8,000,000
shall be for the American Battlefield Protection Program grants as
authorized by section 7301 of the Omnibus Public Land Management Act of
2009 (Public Law 111-11).
centennial challenge
For expenses necessary to carry out the provisions of section
814(g) of Public Law 104-333 (16 U.S.C. 1f) relating to challenge cost
share agreements, $10,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 407(d) of Public Law
105-391, franchise fees credited to a sub-account shall be available
for expenditure by the Secretary, without further appropriation, for
use at any unit within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that the
benefitting unit anticipated franchise fee receipts over the term of
the contract at that unit exceed the amount of funds used to extinguish
or reduce liability. Franchise fees at the benefitting unit shall be
credited to the sub-account of the originating unit over a period not
to exceed the term of a single contract at the benefitting unit, in the
amount of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
Herein and hereafter any amounts deposited into the National Park
Service trust fund accounts (31 US.C. 1321(a)(l7)-(18)) shall be
invested by the Secretary of the Treasury in interest bearing
obligations of the United States to the extent such amounts are not, in
his judgment, required to meet current withdrawals: Provided, That
interest earned by such investments shall be available for obligation
without further appropriation, to the benefit of the project.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,058,503,000,
to remain available until September 30, 2017; of which $57,637,189
shall remain available until expended for satellite operations; and of
which $7,280,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee for
Geological Sciences; and payment of compensation and expenses of
persons employed by the Survey duly appointed to represent the United
States in the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or cooperative
agreements as defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey may enter
into contracts or cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations, without regard
to 41 U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171 of title
28, United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements, rights-of-
way and agreements for use for oil and gas, other minerals, energy, and
marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental
studies, as authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and for
matching grants or cooperative agreements, $170,857,000, of which
$74,235,000, is to remain available until September 30, 2017 and of
which $96,622,000 is to remain available until expended: Provided,
That this total appropriation shall be reduced by amounts collected by
the Secretary and credited to this appropriation from additions to
receipts resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities conducted
by the Bureau of Ocean Energy Management pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments, analysis,
and miscellaneous administrative activities: Provided further, That
the sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2016 appropriation estimated at not more than $74,235,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $124,772,000, of which $67,565,000 is to remain
available until September 30, 2017 and of which $57,207,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2016 appropriation estimated at not more than $67,565,000.
For an additional amount, $65,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2016, as provided
in this Act: Provided, That, to the extent that amounts realized from
such inspection fees exceed $65,000,000, the amounts realized in excess
of $65,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That, for fiscal year
2016, not less than 50 percent of the inspection fees expended by the
Bureau of Safety and Environmental Enforcement will be used to fund
personnel and mission-related costs to expand capacity and expedite the
orderly development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $14,899,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$122,747,000, to remain available until September 30, 2017: Provided,
That appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Bureau pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Bureau pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2016 appropriation estimated at not more than
$122,747,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $27,388,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That, pursuant to Public
Law 97-365, the Department of the Interior is authorized to use up to
20 percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,232,419,000, to remain available until
September 30, 2017, except as otherwise provided herein; of which not
to exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $74,791,000 shall be for welfare
assistance payments: Provided, That, in cases of designated Federal
disasters, the Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities affected
by the disaster: Provided further, That federally recognized Indian
tribes and tribal organizations of federally recognized Indian tribes
may use their tribal priority allocations for unmet welfare assistance
costs: Provided further, That not to exceed $617,370,000 for school
operations costs of Bureau-funded schools and other education programs
shall become available on July 1, 2016, and shall remain available
until September 30, 2017: Provided further, That not to exceed
$43,810,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, land
records improvement, and the Navajo-Hopi Settlement Program: Provided
further, That, notwithstanding any other provision of law, including
but not limited to the Indian Self-Determination Act of 1975 (25 U.S.C.
450f et seq.) and section 1128 of the Education Amendments of 1978 (25
U.S.C. 2008), not to exceed $64,395,000 within and only from such
amounts made available for school operations shall be available for
administrative cost grants associated with grants approved prior to
July 1, 2016: Provided further, That any forestry funds allocated to a
federally recognized tribe which remain unobligated as of September 30,
2017, may be transferred during fiscal year 2018 to an Indian forest
land assistance account established for the benefit of the holder of
the funds within the holder's trust fund account: Provided further,
That any such unobligated balances not so transferred shall expire on
September 30, 2018: Provided further, That, in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs for fiscal
year 2016, such sums as may be necessary, which shall be available for
obligation through September 30, 2017: Provided, That amounts
obligated but not expended by a tribe or tribal organization for
contract support costs for such agreements for the current fiscal year
shall be applied to contract support costs otherwise due for such
agreements for subsequent fiscal years: Provided further, That,
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483, $135,204,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of Dams
program pursuant to 25 U.S.C. 13 shall be made available on a
nonreimbursable basis: Provided further, That, for fiscal year 2016,
in implementing new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to grant schools
under Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost Principles
for Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That such grants shall not be subject
to section 12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work to be
performed: Provided further, That, in considering grant applications,
the Secretary shall consider whether such grantee would be deficient in
assuring that the construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and safety
standards as required by 25 U.S.C. 2005(b), with respect to
organizational and financial management capabilities: Provided
further, That, if the Secretary declines a grant application, the
Secretary shall follow the requirements contained in 25 U.S.C. 2504(f):
Provided further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2507(e): Provided further, That, in order to ensure
timely completion of construction projects, the Secretary may assume
control of a project and all funds related to the project, if, within
18 months of the date of enactment of this Act, any grantee receiving
funds appropriated in this Act or in any prior Act, has not completed
the planning and design phase of the project and commenced
construction: Provided further, That this appropriation may be
reimbursed from the Office of the Special Trustee for American Indians
appropriation for the appropriate share of construction costs for space
expansion needed in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, and 111-291, and for
implementation of other land and water rights settlements, $40,655,000,
to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $7,748,000, of
which $1,062,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed or insured, not to exceed $113,804,510.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education. Appropriations made
available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September 1,
1996, and to any school or school program that was reinstated in fiscal
year 2012. Funds made available under this Act may not be used to
establish a charter school at a Bureau-funded school (as that term is
defined in section 1141 of the Education Amendments of 1978 (25 U.S.C.
2021)), except that a charter school that is in existence on the date
of the enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during that
period, but only if the charter school pays to the Bureau a pro rata
share of funds to reimburse the Bureau for the use of the real and
personal property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of the State
in which the school is located if the charter school loses such
funding. Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter school's
operation and employees of a charter school shall not be treated as
Federal employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction or other facilities-related costs for such
assets that are not owned by the Bureau: Provided further, That the
term ``satellite school'' means a school location physically separated
from the existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior, including the collection and disbursement of royalties, fees,
and other mineral revenue proceeds, and for grants and cooperative
agreements, as authorized by law, $265,263,000, to remain available
until September 30, 2017; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines; and of which $12,000,000 for the
Office of Valuation Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $38,300,000 shall remain available until expended for the purpose
of mineral revenue management activities: Provided, That,
notwithstanding any other provision of law, $15,000 under this heading
shall be available for refunds of overpayments in connection with
certain Indian leases in which the Secretary concurred with the claimed
refund due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments.
administrative provisions
For fiscal year 2016, up to $400,000 of the payments authorized by
the Act of October 20, 1976 (31 U.S.C. 6901-6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That no payment shall be made pursuant to that Act to
otherwise eligible units of local government if the computed amount of
the payment is less than $100: Provided further, That the Secretary
may reduce the payment authorized by 31 U.S.C. 6901-6907 for an
individual county by the amount necessary to correct prior year
overpayments to that county: Provided further, That the amount needed
to correct a prior year underpayment to an individual county shall be
paid from any reductions for overpayments to other counties and the
amount necessary to cover any remaining underpayment is hereby
appropriated and shall be paid to individual counties.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $85,976,000, of
which: (1) $76,528,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $9,448,000 shall be available until September 30, 2017, for
salaries and expenses of the Office of Insular Affairs: Provided, That
all financial transactions of the territorial and local governments
herein provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the Secretary based
on the grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of
hazard mitigation grants provided pursuant to section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $3,318,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $63,800,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$50,047,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$139,029,000, to remain available until expended, of which not to
exceed $22,120,000 from this or any other Act, may be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs and Bureau of Indian
Education, ``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office of the
Secretary, ``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated during
fiscal year 2016, as authorized by the Indian Self-Determination Act of
1975 (25 U.S.C. 450 et seq.), shall remain available until expended by
the contractor or grantee: Provided further, That, notwithstanding any
other provision of law, the Secretary shall not be required to provide
a quarterly statement of performance for any Indian trust account that
has not had activity for at least 15 months and has a balance of $15 or
less: Provided further, That the Secretary shall issue an annual
account statement and maintain a record of any such accounts and shall
permit the balance in each such account to be withdrawn upon the
express written request of the account holder: Provided further, That
not to exceed $50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for this
purpose: Provided further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less than $500
unless the Office of the Special Trustee receives proof of ownership
from a Special Deposit Accounts claimant.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels management activities, and rural fire assistance by the
Department of the Interior, $908,745,000, to remain available until
expended, of which not to exceed $6,427,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That, of the funds provided, $170,000,000 is for
hazardous fuels management activities: Provided further, That, of the
funds provided, $18,970,000 is for burned area rehabilitation:
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That, notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the Department of
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That, using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous fuels
management and resilient landscapes activities, and for training and
monitoring associated with such hazardous fuels management and
resilient landscapes activities on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal land:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That, notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of hazardous fuels
management and resilient landscapes activities, may obtain maximum
practicable competition among: (1) local private, nonprofit, or
cooperative entities; (2) Youth Conservation Corps crews, Public Lands
Corps (Public Law 109-154), or related partnerships with State, local,
or nonprofit youth groups; (3) small or micro-businesses; or (4) other
entities that will hire or train locally a significant percentage,
defined as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That, in implementing this section,
the Secretary shall develop written guidance to field units to ensure
accountability and consistent application of the authorities provided
herein: Provided further, That funds appropriated under this heading
may be used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section
7 of such Act, in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate amount not
to exceed $50,000,000, between the Departments when such transfers
would facilitate and expedite wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emergency
response actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the Department
of State in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and, with the
concurrence of the Secretary of State, shall be available to support
forestry, wildland fire management, and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations.
For an additional amount, $200,000,000 for wildfire suppression
operations to meet the emergency and unpredictable aspects of wildland
firefighting including support, response, and emergency stabilization
activities, other emergency management activities, and funds necessary
to repay any transfers needed for these costs, to remain available
until expended: Provided, That such funds are also available for
transfer to other appropriations accounts to repay amounts previously
transferred for wildlife suppression: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,011,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
Public Law 101-337 (16 U.S.C. 19jj et seq.), $7,767,000, to remain
available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, and the consolidation of facilities
and operations throughout the Department, $57,100,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center: Provided further, That the Secretary may enter into
grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection
with their use for wildland fire operations, such reimbursement to be
credited to appropriations currently available at the time of receipt
thereof: Provided further, That, for wildland fire operations, no
funds shall be made available under this authority until the Secretary
determines that funds appropriated for ``wildland fire operations''
shall be exhausted within 30 days: Provided further, That all funds
used pursuant to this section must be replenished by a supplemental
appropriation, which must be requested as promptly as possible:
Provided further, That such replenishment funds shall be used to
reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles;
hire, maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Office of
the Special Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2016. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2016, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the
``Offshore Safety and Environmental Enforcement'' account, from the
designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2016 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2016. Fees for fiscal year 2016 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection
(b) within 60 days, with payment required within 30 days of billing.
The Secretary shall bill designated operators under subsection (c)
within 30 days of the end of the month in which the inspection
occurred, with payment required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines described in the report accompanying this Act.
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 304B of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254c) (except that the 5-year term
restriction in subsection (d) shall not apply), for the long-term care
and maintenance of excess wild free roaming horses and burros by such
organizations or entities on private land. Such cooperative agreements
and contracts may not exceed 10 years, subject to renewal at the
discretion of the Secretary.
reissuance of final rules
Sec. 110. Before the end of the 60-day period beginning on the
date of the enactment of this Act, the Secretary of the Interior shall
reissue the final rule published on December 28, 2011 (76 Fed. Reg.
81666 et seq.) and the final rule published on September 10, 2012 (77
Fed. 7 Reg. 55530 et seq.), without regard to any other provision of
statute or regulation that applies to issuance of such rules. Such
reissuances (including this section) shall not be subject to judicial
review.
mass marking of salmonids
Sec. 111. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
prohibition on use of funds
Sec. 112. (a) Any proposed new use of the Arizona & California
Railroad Company's Right of Way for conveyance of water shall not
proceed unless the Secretary of the Interior certifies that the
proposed new use is within the scope of the Right of Way as interpreted
by the Department's Office of the Solicitor's opinion, Memorandum M-
37025, issued on November 4, 2011.
(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
export groundwater for municipal use, for approval of any right-of-way
or similar authorization on the Mojave National Preserve or lands
managed by the Needles Field Office of the Bureau of Land Management,
or for carrying out any activities associated with such right-of-way or
similar approval.
republic of palau
Sec. 113. (a) In General.--Subject to subsection (c), the United
States Government, through the Secretary of the Interior shall provide
to the Government of Palau for fiscal year 2016 grants in amounts equal
to the annual amounts specified in subsections (a), (c), and (d) of
section 211 of the Compact of Free Association between the Government
of the United States of America and the Government of Palau (48 U.S.C.
1931 note) (referred to in this section as the ``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic of Palau
for fiscal year 2016 in amounts equal to the amounts provided in
subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more
than $5,000,000 from the trust fund established under section
211(f) of the Compact, amounts to be provided under subsections
(a) and (b) shall be withheld from the Government of Palau.
statewide variances
Sec. 114. On land under the jurisdiction of a State or federally
recognized Indian tribe, if State or tribal laws or regulations are in
place regarding the process generally understood to encompass hydraulic
fracturing or well stimulation for the purpose of production of natural
gas and oil, the Bureau of Land Management shall issue to that State or
Indian tribe a statewide variance for all wells from the requirements
of the final rule entitled ``Oil and Gas; Hydraulic Fracturing on
Federal and Indian Lands'' (80 Fed. Reg. 16128 (March 26, 2015)).
wild lands funding prohibition
Sec. 115. None of the funds made available in this Act or any
other Act may be used to implement, administer, or enforce Secretarial
Order No. 3310 issued by the Secretary of the Interior on December 22,
2010: Provided, That nothing in this section shall restrict the
Secretary's authorities under sections 201 and 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712).
volunteers in parks
Sec. 116. Section 4 of Public Law 91-357 (16 U.S.C. 18j), as
amended, is further amended by striking ``$5,000,000'' and inserting
``$10,000,000''.
contracts and agreements with indian affairs
Sec. 117. Notwithstanding any other provision of law, during
fiscal year 2016, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
extension of authorities
Sec. 118. Division II of Public Law 104-333 (16 U.S.C. 461 note),
as amended, is further amended in sections 208, 310, and 607 by
striking ``2015'' and inserting ``2021''.
sage-grouse
Sec. 119. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to write or issue
pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533)--
(1) a proposed rule for greater sage-grouse
(Centrocercus urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse;
(3) a final rule for the bi-state distinct
population segment of greater sage-grouse; or
(4) a final rule for Gunnison sage-grouse
(Centrocercus minimus).
offshore pay authority extension
Sec. 120. Section 117 of Division G of Public Law 113-76 is
amended by striking ``and 2015'' and inserting ``through 2016''.
onshore pay authority extension
Sec. 121. Section 123 of Division G of Public Law 113-76 is
amended by striking ``and 2015'' and inserting ``through 2016''.
national park service affiliated areas
Sec. 122. (a) Section 5 of Public Law 95-348 is amended by striking
``not to exceed $3,000,000'' and inserting ``such sums as may be
necessary for the purposes of this Section''.
(b) Section 204 of Public Law 93-486, as amended by section 1(3) of
Public Law 100-355, is further amended by striking ``, but not to
exceed $2,000,000''.
wildlife restoration extension of investment of unexpended amounts
Sec. 123. Section 3(b)(2)(C) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(b)(2)(C)) is amended by striking
``2016'' and inserting ``2017''.
department of the interior experienced services program
Sec. 124. (a) Notwithstanding any other provision of law relating
to Federal grants and cooperative agreements, the Secretary of the
Interior is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under Title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and consistent with
such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
national defense authorization act technical amendment
Sec. 125. Section 3096(2) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 is
amended by inserting ``for fiscal year 2015'' after ``$37,000,000''.
roosevelt campobello international park
Sec. 126. The annual budget request submitted by the Roosevelt
Campobello International Park Commission shall hereafter be directly
submitted to Congress unchanged by the National Park Service. The
Service may comment on the Commission's budget request with such
additions and subtractions that the Service may propose. There shall be
no diminution of the amount appropriated for the Commission, unless
specified by Congress in the annual appropriations bill or the report
to accompany the bill.
king cove road land exchange
Sec. 127. (a) Finding.--Congress finds that the land exchange
required under this section (including the designation of the road
corridor and the construction of the road along the road corridor) is
in the public interest.
(b) Definitions.--In this section:
(1) Federal land.--
(A) In general.--The term ``Federal land'' means
the approximately 206 acres of Federal land located
within the Refuge as depicted on the map entitled
``Project Area Map'' and dated September 2012.
(B) Inclusion.--The term ``Federal land'' includes
the 131 acres of Federal land in the Wilderness, which
shall be used for the road corridor along which the
road is to be constructed in accordance with subsection
(c)(2).
(2) Non-federal land.--The term ``non-Federal land'' means
the approximately 43,093 acres of land owned by the State as
depicted on the map entitled ``Project Area Map'' and dated
September 2012.
(3) Refuge.--The term ``Refuge'' means the Izembek National
Wildlife Refuge in the State.
(4) Road corridor.--The term ``road corridor'' means the
road corridor designated under subsection (c)(2)(A).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Alaska.
(7) Wilderness.--The term ``Wilderness'' means the Izembek
Wilderness designated by section 702(6) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 1132 note; Public
Law 96-487).
(c) Land Exchange Required.--
(1) In general.--If the State offers to convey to the
Secretary all right, title, and interest of the State in and to
the non-Federal land, the Secretary shall convey to the State
all right, title, and interest of the United States in and to
the Federal Land.
(2) Use of federal land.--The Federal land shall be
conveyed to the State for the purposes of--
(A) designating a road corridor through the Refuge;
and
(B) constructing a noncommercial single-lane gravel
road along the road corridor between the cities of King
Cove and Cold Bay in the State to provide access to
emergency medical services via the all-weather airport
in Cold Bay.
(3) Valuation, appraisals, and equalization.--
(A) In general.--The value of the Federal land and
the non-Federal land to be exchanged under this
section--
(i) shall be equal, as determined by
appraisals conducted in accordance with
subparagraph (B); or
(ii) if not equal, shall be equalized in
accordance with subparagraph (C).
(B) Appraisals.--
(i) In general.--As soon as practicable
after the date of enactment of this Act, the
Secretary and State shall select an appraiser
to conduct appraisals of the Federal land and
non-Federal land.
(ii) Requirements.--The appraisals required
under clause (i) shall be conducted in
accordance with nationally recognized appraisal
standards, including--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(II) the Uniform Standards of
Professional Appraisal Practice.
(C) Equalization.--
(i) Surplus of federal land.--If the final
appraised value of the Federal land exceeds the
final appraised value of the non-Federal land
to be conveyed under the land exchange under
this section, the value of the Federal land and
non-Federal land shall be equalized--
(I) by conveying additional non-
Federal land in the State to the
Secretary, subject to the approval of
the Secretary;
(II) by the State making a cash
payment to the United States; or
(III) by using a combination of the
methods described in subclauses (I) and
(II).
(ii) Surplus of non-federal land.--If the
final appraised value of the non-Federal land
exceeds the final appraised value of the
Federal land to be conveyed under the land
exchange under this section, the value of the
Federal land and non-Federal land shall be
equalized by the State adjusting the acreage of
the non-Federal land to be conveyed.
(iii) Amount of payment.--Notwithstanding
section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), the
Secretary may accept a payment under clause
(i)(II) in excess of 25 percent of the value of
the Federal land conveyed.
(4) Administration.--On completion of the exchange of
Federal land and non-Federal land under this section--
(A) the boundary of the Wilderness shall be
modified to exclude the Federal land; and
(B) the non-Federal land shall be--
(i) added to the Wilderness; and
(ii) administered in accordance with--
(I) the Wilderness Act (16 U.S.C.
1131 et seq.); and
(II) other applicable laws.
(5) Deadline.--The land exchange under this section shall
be completed not later than 90 days after the date of enactment
of this Act.
(d) Route of Road Corridor.--The route of the road corridor shall
follow the southern road alignment as described in the alternative
entitled ``Alternative 2-Land Exchange and Southern Road Alignment'' in
the final environmental impact statement entitled ``Izembek National
Wildlife Refuge Land Exchange/Road Corridor Final Environmental Impact
Statement'' and dated February 5, 2013.
(e) Requirements Relating to Road.--The requirements relating to
usage, barrier cables, and dimensions and the limitation on support
facilities under subsections (a) and (b) of section 6403 of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1180)
shall apply to the road constructed in the road corridor.
(f) Effect.--The exchange of Federal land and non-Federal land
under this section shall not constitute a major Federal action for
purposes of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
lesser prairie chicken
Sec. 128. None of the funds made available by this Act shall be
used to implement or enforce the threatened species listing of the
lesser prairie chicken under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $703,958,000, to remain available until September 30,
2017: Provided, That of the funds included under this heading,
$4,100,000 shall be for Research: National Priorities as specified in
the report accompanying this Act.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $9,000 for official reception and
representation expenses, $2,561,498,000, to remain available until
September 30, 2017: Provided, That of the funds included under this
heading, $15,000,000 shall be for Environmental Protection: National
Priorities as specified in the report accompanying this Act: Provided
further, That of the funds included under this heading, $432,493,000
shall be for Geographic Programs specified in the report accompanying
this Act.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $3,786,000, to remain available
until September 30, 2018.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2017.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $42,317,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611)
$1,106,809,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2015, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,106,809,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $8,459,000
shall be paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2017, and $16,217,000 shall be
paid to the ``Science and Technology'' appropriation to remain
available until September 30, 2017.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $91,485,000, to remain available until expended, of which
$66,116,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,078,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,027,937,000, to remain available until expended,
of which--
(1) $1,047,000,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title VI
of the Federal Water Pollution Control Act; and of which
$775,896,000 shall be for making capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act: Provided, That, for fiscal year 2016,
to the extent there are sufficient eligible project
applications and projects are consistent with State Intended
Use Plans, not less than 10 percent of the funds made available
under this title to each State for Clean Water State Revolving
Fund capitalization grants shall be used by the State for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That, for fiscal year 2016,
funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants may,
at the discretion of each State, be used for projects to
address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities:
Provided further, That, notwithstanding section 603(d)(7) of
the Federal Water Pollution Control Act, the limitation on the
amounts in a State water pollution control revolving fund that
may be used by a State to administer the fund shall not apply
to amounts included as principal in loans made by such fund in
fiscal year 2016 and prior years where such amounts represent
costs of administering the fund to the extent that such amounts
are or were deemed reasonable by the Administrator, accounted
for separately from other assets in the fund, and used for
eligible purposes of the fund, including administration:
Provided further, That, for fiscal year 2016, notwithstanding
the provisions of sections 201(h) and (l) of the Federal Water
Pollution Control Act, grants under Title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, the United States Virgin
Islands, and the District of Columbia may also be made for the
purpose of providing assistance: (1) solely for facility plans,
design activities, or plans, specifications, and estimates for
any proposed project for the construction of treatment works;
and (2) for the construction, repair, or replacement of
privately owned treatment works serving one or more principal
residences or small commercial establishments: Provided
further, That, for fiscal year 2016, notwithstanding the
provisions of sections 201(h) and (l) and section 518 of the
Federal Water Pollution Control Act, funds reserved by the
Administrator for grants under section 518(c) of the Federal
Water Pollution Control Act may also be used for grants to
provide assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That,
for fiscal year 2016, notwithstanding the limitation on amounts
in section 518(c) of the Federal Water Pollution Control Act
and section 1452(i) of the Safe Drinking Water Act, up to a
total of 2 percent of the funds appropriated under the Federal
Water Pollution Control Act or $30,000,000, whichever is
greater, and up to a total of 2 percent of the funds
appropriated under the Safe Drinking Water Act, or $20,000,000,
whichever is greater for State Revolving Funds under such Acts
may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of such Acts: Provided further,
That, for fiscal year 2016, notwithstanding the amounts
specified in section 205(c) of the Federal Water Pollution
Control Act, up to 1.5 percent of the aggregate funds
appropriated for the Clean Water State Revolving Fund program
under the Act less any sums reserved under section 518(c) of
the Act, may be reserved by the Administrator for grants made
under title II of the Clean Water Act for American Samoa, Guam,
the Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That, for fiscal year 2016,
notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of
the funds appropriated for the Drinking Water State Revolving
Fund programs under the Safe Drinking Water Act may be reserved
by the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That no less
than 10 percent but not more than 20 percent of the funds made
available under this title to each State for Clean Water State
Revolving Fund capitalization grants and not less than 20
percent but not more than 30 percent of the funds made
available under this title to each State for Drinking Water
State Revolving Fund capitalization grants shall be used by the
State to provide additional subsidy to eligible recipients in
the form of forgiveness of principal, negative interest loans,
or grants (or any combination of these), and shall be so used
by the State only where such funds are provided as initial
financing for an eligible recipient or to buy, refinance, or
restructure the debt obligations of eligible recipients only
where such debt was incurred on or after the date of enactment
of this Act;
(2) $10,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission; Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That, of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal,
and similar projects carried out by the State of Alaska that
are funded under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate
not less than 25 percent of the funds provided for projects in
regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA;
(5) $20,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $15,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions of the report
accompanying this Act; and
(7) $1,060,041,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities subject to
terms and conditions specified by the Administrator, of which:
$47,745,000 shall be for carrying out section 128 of CERCLA;
$9,646,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs;
$1,498,000 shall be for grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, which shall be in
addition to funds appropriated under the heading ``Leaking
Underground Storage Tank Trust Fund Program'' to carry out the
provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code other than section 9003(h)
of the Solid Waste Disposal Act; $17,848,000 of the funds
available for grants under section 106 of the Federal Water
Pollution Control Act shall be for State participation in
national- and State-level statistical surveys of water
resources and enhancements to State monitoring programs:
Provided, That, for fiscal year 2016 and hereafter,
notwithstanding other applicable provisions of law, the funds
appropriated for the Indian Environmental General Assistance
Program shall be available to federally recognized tribes for
solid waste and recovered materials collection, transportation,
backhaul, and disposal services.
Administrative Provisions--Environmental Protection Agency
(including transfer and rescission of funds)
For fiscal year 2016, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 112-177, the Pesticide
Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2016.
The Administrator is authorized to transfer up to $300,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities provided that the cost does not exceed $150,000 per project.
The Administrator of the Environmental Protection Agency shall base
agency policies and actions regarding air emission from forest biomass
including, but not limited to, air emissions from facilities that
combust forest biomass for energy, on the principle that forest biomass
emission do not increase overall carbon dioxide accumulations in the
atmosphere when USDA Forest Inventory and Analysis data show that
forest carbon stocks in the U.S. are stable or increasing on a national
scale, or when forest biomass is derived from mill residuals, harvest
residuals or forest management activities. Such policies and actions
shall not pre-empt existing authorities of States to determine how to
utilize biomass as a renewable energy source and shall not inhibit
States' authority to apply the same policies to forest biomass as other
renewable fuels in implementing Federal law.
For fiscal year 2016, and notwithstanding section 518(f) of the
Water Pollution Control Act, the Administrator is authorized to use the
amounts appropriated for any fiscal year under Section 319 of the Act
to make grants to federally recognized Indian tribes pursuant to
sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2016 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $291,904,000, to remain available until expended:
Provided, That, of the funds provided, $80,000,000 is for the forest
inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of
pests, pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $226,655,000, to remain
available until expended, as authorized by law; of which $59,800,000 is
to be derived from the Land and Water Conservation Fund.
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, $1,516,764,000, to remain available
until expended: Provided, That, of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That, of the funds provided, $359,805,000
shall be for forest products: Provided further, That, of the funds
provided, up to $81,941,000 is for the Integrated Resource Restoration
pilot program for Region 1, Region 3 and Region 4: Provided further,
That, of the funds provided for forest products, up to $65,560,000 may
be transferred to support the Integrated Resource Restoration pilot
program in the preceding proviso: Provided further, That the Secretary
of Agriculture may transfer to the Secretary of the Interior any
unobligated funds appropriated in a previous fiscal year for operation
of the Valles Caldera National Preserve.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $358,164,000, to remain available until expended, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for
construction, reconstruction, decommissioning of roads that are no
longer needed, including unauthorized roads that are not part of the
transportation system, and maintenance of forest roads and trails by
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101
and 205: Provided, That $25,000,000 shall be designated for urgently
needed road decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers, especially
in areas where Forest Service roads may be contributing to water
quality problems in streams and water bodies which support threatened,
endangered, or sensitive species or community water sources: Provided
further, That funds becoming available in fiscal year 2016 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated:
Provided further, That, of the funds provided for decommissioning of
roads, up to $14,743,000 may be transferred to the ``National Forest
System'' to support the Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, (16 U.S.C. 460l-4 et seq.),
including administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory authority
applicable to the Forest Service, $38,440,000, to be derived from the
Land and Water Conservation Fund and to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $950,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967,
(16 U.S.C. 484a), to remain available until expended (16 U.S.C. 460l-
516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available until expended, of which not to
exceed 6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96-487),
$2,500,000, to remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels management on or adjacent to such lands, emergency
rehabilitation of burned-over National Forest System lands and water,
and for State and volunteer fire assistance, $2,701,341,000, to remain
available until expended: Provided, That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for
such purposes: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire emergencies are
fully repaid by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law, $6,914,000
of funds appropriated under this appropriation shall be available for
the Forest Service in support of fire science research authorized by
the Joint Fire Science Program, including all Forest Service
authorities for the use of funds, such as contracts, grants, research
joint venture agreements, and cooperative agreements: Provided
further, That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available in
the utilization of these funds for Fire Science Research: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels management activities,
support to Federal emergency response, and wildfire suppression
activities of the Forest Service: Provided further, That, of the funds
provided, $375,000,000 is for hazardous fuels management activities,
$19,795,000 is for research activities and to make competitive research
grants pursuant to the Forest and Rangeland Renewable Resources
Research Act, (16 U.S.C. 1641 et seq.), $78,012,000 is for State fire
assistance, and $13,000,000 is for volunteer fire assistance under
section 10 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2106): Provided further, That amounts in this paragraph may be
transferred to the ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund forest and rangeland research,
the Joint Fire Science Program, vegetation and watershed management,
heritage site rehabilitation, and wildlife and fish habitat management
and restoration: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That up to $15,000,000 of the funds
provided herein may be used by the Secretary of Agriculture to enter
into procurement contracts or cooperative agreements or to issue grants
for hazardous fuels management activities and for training or
monitoring associated with such hazardous fuels management activities
on Federal land or on non-Federal land if the Secretary determines such
activities benefit resources on Federal land: Provided further, That
funds made available to implement the Community Forest Restoration Act,
Public Law 106-393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the Forest
Service under the ``State and Private Forestry'' appropriation:
Provided further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds appropriated for
wildland fire management, in an aggregate amount not to exceed
$50,000,000, between the Departments when such transfers would
facilitate and expedite wildland fire management programs and projects:
Provided further, That, of the funds provided for hazardous fuels
management, not to exceed $15,000,000 may be used to make grants, using
any authorities available to the Forest Service under the ``State and
Private Forestry'' appropriation, for the purpose of creating
incentives for increased use of biomass from National Forest System
lands: Provided further, That funds designated for wildfire
suppression shall be assessed for cost pools on the same basis as such
assessments are calculated against other agency programs: Provided
further, That, of the funds for hazardous fuels management, up to
$24,000,000 may be transferred to the ``National Forest System'' to
support the Integrated Resource Restoration pilot program.
For an additional amount, $854,578,000 for wildfire suppression
operations to meet the emergency and unpredictable aspects of wildland
firefighting including support, response, and emergency stabilization
activities, other emergency management activities, and funds necessary
to repay any transfers needed for these costs, to remain available
until expended: Provided, That such funds are also available for
transfer to other appropriations accounts to repay amounts previously
transferred for wildfire suppression: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
administrative provisions, forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the heading ``Wildland Fire Management'' will be
obligated within 30 days: Provided, That all funds used pursuant to
this paragraph must be replenished by a supplemental appropriation
which must be requested as promptly as possible.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), U.S.
private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107
(7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement accompanying this
Act.
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center. Nothing in this paragraph shall limit
the Forest Service portion of implementation costs to be paid to the
Department of Agriculture for the International Technology Service.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993, Public Law 103-82, as amended by Public Lands Corps
Healthy Forests Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That, of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a Federal or a non-Federal recipient for
a project at the same rate that the recipient has obtained the non-
Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $65,000,000,
shall be assessed for the purpose of performing fire, administrative
and other facilities maintenance and decommissioning. Such assessments
shall occur using a square foot rate charged on the same basis the
agency uses to assess programs for payment of rent, utilities, and
other support services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the requested funding transfers.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$3,539,523,000, together with payments received during the fiscal year
pursuant to 42 U.S.C. 238(b) and 238b, for services furnished by the
Indian Health Service: Provided, That funds made available to tribes
and tribal organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
shall be deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That,
$915,347,000 for Purchased/Referred Care, including $51,500,000 for the
Indian Catastrophic Health Emergency Fund, shall remain available until
expended: Provided further, That, of the funds provided, up to
$36,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That, of the funds provided,
$2,000,000 shall be for operational shortfalls at health clinics
previously authorized under the ``Administrative Provisions, Indian
Health Service'' heading. Provided further, That the amounts collected
by the Federal Government as authorized by sections 104 and 108 of the
Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during
the preceding fiscal year for breach of contracts shall be deposited to
the Fund authorized by section 108A of the Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding section
108A(c) of the Act (25 U.S.C. 1616a-1(c)), funds shall be available to
make new awards under the loan repayment and scholarship programs under
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided
further, That, notwithstanding any other provision of law, the amounts
made available within this account for the methamphetamine and suicide
prevention and treatment initiative, and for the domestic violence
prevention initiative, and to improve collections from public and
private insurance at Indian Health Service and tribally operated
facilities shall be allocated at the discretion of the Director of the
Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used for
annual contracts and grants that fall within 2 fiscal years, provided
the total obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Social
Security Act, except for those related to the planning, design, or
construction of new facilities: Provided further, That funding
contained herein for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health
Service, tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400, et seq.): Provided
further, That the Indian Health Care Improvement Fund may be used, as
needed, to carry out activities typically funded under the Indian
Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2016, such sums as may be necessary: Provided, That amounts
obligated but not expended by a tribe or tribal organization for
contract support costs for such agreements for the current fiscal year
shall be applied to contract support costs otherwise due for such
agreements for subsequent fiscal years: Provided further, That,
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $521,818,000, to
remain available until expended: Provided, That, notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided further,
That none of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department of
Housing and Urban Development: Provided further, That not to exceed
$2,700,000 from this account and the ``Indian Health Services'' account
may be used by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health Service and
the General Services Administration: Provided further, That not to
exceed $500,000 may be placed in a Demolition Fund, to remain available
until expended, and be used by the Indian Health Service for the
demolition of Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings that relate to the functions or activities of the Indian
Health Service: Provided, That, in accordance with the provisions of
the Indian Health Care Improvement Act, non-Indian patients may be
extended health care at all tribally administered or Indian Health
Service facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42 U.S.C.
2651-2653) shall be credited to the account of the facility providing
the service and shall be available without fiscal year limitation:
Provided further, That, notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public Law 86-
121, the Indian Sanitation Facilities Act and Public Law 93-638:
Provided further, That funds appropriated to the Indian Health Service
in this Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That none of the
funds made available to the Indian Health Service in this Act shall be
used for any assessments or charges by the Department of Health and
Human Services unless identified in the budget justification and
provided in this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided further,
That, notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
none of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That, with
respect to functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable basis,
including payments in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received from
those entities pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain available
until expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and
overhead associated with the provision of goods, services, or technical
assistance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $74,691,000, of which up to
$1,000 per eligible employee of the Agency for Toxic Substances and
Disease Registry shall remain available until expended for Individual
Learning Accounts: Provided, That, notwithstanding any other provision
of law, in lieu of performing a health assessment under section
104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities, including,
without limitation, biomedical testing, clinical evaluations, medical
monitoring, and referral to accredited healthcare providers: Provided
further, That, in performing any such health assessment or health
study, evaluation, or activity, the Administrator of ATSDR shall not be
bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided
further, That none of the funds appropriated under this heading shall
be available for ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2016, and
existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $3,000,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$10,700,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That,
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That,
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $7,341,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10:
Provided further, That $200,000 shall be transferred to the Office of
Inspector General of the Department of the Interior, to remain
available until expended, for audits and investigations of the Office
of Navajo and Hopi Indian Relocation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498 (20 U.S.C. 56 part A), $11,619,000, to remain available until
September 30, 2017.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $689,566,000, to remain available until September 30, 2017,
except as otherwise provided herein; of which not to exceed $48,387,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; and including such funds as may be necessary
to support American overseas research centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $129,975,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $122,500,000, to remain available until September 30, 2017, of
which not to exceed $3,578,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, with no extensions or renewals
beyond the 10 years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized, $16,000,000,
to remain available until expended: Provided, That contracts awarded
for environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $21,660,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $11,140,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$10,500,000, to remain available until September 30, 2017.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $146,021,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $146,021,000 to remain available
until expended, of which $135,121,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $10,900,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,500,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under Chapter 91 of
title 40, United States Code, $2,653,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study or education.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $2,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,080,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $7,948,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $52,385,000, of which
$865,000 shall remain available until September 30, 2018, for the
Museum's equipment replacement program; and of which $2,200,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $1,000,000, to remain
available until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available:
(1) for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional
action is not complete or other than to communicate to Members
of Congress as described in 18 U.S.C. 1913; or,
(2) for publicity or propaganda purposes for the
preparation, distribution or use of any communication designed
to support or defeat any proposed or pending regulation,
administrative action, or order issued by an executive branch
agency, except in presentation to the executive branch itself
or to Congress.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and
subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2017, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2016.
contract support costs, fiscal year 2016 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2016 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2016
with the Bureau of Indian Affairs or the Indian Health Service:
Provided, That such amounts provided by this Act are not available for
payment of claims for contract support costs for prior years, or for
repayments of payments for settlements or judgments awarding contract
support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be used
to make a grant to any other organization or individual to
conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity.
report on use of climate change funds
Sec. 416. Not later than 120 days after the date on which the
President's fiscal year 2017 budget request is submitted to the
Congress, the President shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives and the
Senate describing in detail all Federal agency funding, domestic and
international, for climate change programs, projects, and activities in
fiscal years 2015 and 2016, including an accounting of funding by
agency with each agency identifying climate change programs, projects,
and activities and associated costs by line item as presented in the
President's Budget Appendix, and including citations and linkages where
practicable to each strategic plan that is driving funding within each
climate change program, project, and activity listed in the report.
prohibition on federal implementation plans
Sec. 417. None of the funds made available by this Act, or any
other Act for any fiscal year, shall be used to develop, propose,
finalize, implement, or enforce section 111(d)(2) of the Clean Air Act
(42 U.S.C. 7411(d)(2)) in the case of States that have failed to submit
a satisfactory plan to implement section 111(d)(1) of that Act (42
U.S.C. 7411(d)(1)), in the case of any air pollutant being regulated as
part of any proposed or final rule to address carbon dioxide emissions
from existing sources that are fossil fuel-fired electric utility
generating units under section 111 of that Act (42 U.S.C. 7411),
including any final rule that succeeds--
(1) the proposed rule entitled ``Carbon Pollution Emission
Guidelines for Existing Stationary Sources: Electric Utility
Generating Units'' (79 Fed. Reg. 34830 (June 18, 2014)); or
(2) the supplemental proposed rule entitled ``Carbon
Pollution Emission Guidelines for Existing Stationary Sources:
EGUs in Indian Country and U.S. Territories; Multi-
Jurisdictional Partnerships'' (79 Fed. Reg. 65482 (November 4,
2014)).
prohibition on use of funds
Sec. 418. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 419. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
recreation fee
Sec. 420. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) is amended by striking ``September 30, 2016'' and
inserting ``September 30, 2017''.
waters of the united states
Sec. 421. None of the funds made available in this Act or any
other Act for any fiscal year may be used to develop, adopt, implement,
administer, or enforce any change to the regulations and guidance in
effect on October 1, 2012, pertaining to the definition of waters under
the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C.
Sec. 1251, et seq.), including the provisions of the rules dated
November 13, 1986 and August 25, 1993, relating to said jurisdiction,
and the guidance documents dated January 15, 2003 and December 2, 2008,
relating to said jurisdiction.
modification of authorities
Sec. 422. (a) Section 8162(m)(3) of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) is
amended by striking ``September 30, 2015'' and inserting ``September
30, 2016''.
(b) For fiscal year 2016, the authority provided by the provisos
under the heading ``Dwight D. Eisenhower Memorial Commission--Capital
Construction'' in division E of Public Law 112-74 shall not be in
effect.
use of american iron and steel
Sec. 423. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
(f) This section does not apply with respect to a project if a
State agency approves the engineering plans and specifications for the
project, in that agency's capacity to approve such plans and
specifications prior to a project requesting bids, prior to the date of
the enactment of this Act.
national ambient air quality standard funding limitation
Sec. 424. None of the funds made available by this Act, or any
other Act for any fiscal year, shall be used to develop, adopt,
implement, administer, or enforce a national primary or secondary
ambient air quality standard for ozone that is lower than the standard
established under section 50.15 of title 40, Code of Federal
Regulations (as in effect on January 1, 2015), until at least 85
percent of the counties that, as of January 30, 2015, were in
nonattainment areas under the standard established under section 50.15
of title 40, Code of Federal Regulations (as in effect on January 1,
2015), achieve full compliance with that standard.
funding prohibition
Sec. 425. None of the funds made available by this or any other
Act may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or any other law.
contracting authorities
Sec. 426. Section 412 of Division E of Public Law 112-74 is
amended by striking ``fiscal year 2015,'' and inserting ``fiscal year
2017,''.
chesapeake bay initiative
Sec. 427. Section 502(c) of the Chesapeake Bay Initiative Act of
1998 (Public Law 105-312; 16 U.S.C. 461 note) is amended by striking
``2015'' and inserting ``2017''.
prohibition of sewage dumping into the great lakes
Sec. 428. (a) Section 402 of the Federal Water Pollution Control
Act (33 U.S.C. 1342) is amended by adding at the end the following:
``(s) Prohibition on Sewage Dumping Into the Great Lakes.--
``(1) Definitions.--In this subsection:
``(A) Bypass.--The term `bypass' means an
intentional diversion of waste streams to bypass any
portion of a treatment facility which results in a
discharge into the Great Lakes.
``(B) Discharge.--
``(i) In general.--The term `discharge'
means a direct or indirect discharge of
untreated sewage or partially treated sewage
from a treatment works into the Great Lakes or
a tributary of the Great Lakes.
``(ii) Inclusions.--The term `discharge'
includes a bypass and a combined sewer
overflow.
``(C) Great lakes.--The term `Great Lakes' has the
meaning given the term in section 118(a)(3).
``(D) Partially treated sewage.--The term
`partially treated sewage' means any sewage, sewage and
storm water, or sewage and wastewater, from domestic or
industrial sources that--
``(i) is not treated to national secondary
treatment standards for wastewater; or
``(ii) is treated to a level less than the
level required by the applicable national
pollutant discharge elimination system permit.
``(E) Treatment facility.--The term `treatment
facility' includes all wastewater treatment units used
by a publicly owned treatment works to meet secondary
treatment standards or higher, as required to attain
water quality standards, under any operating
conditions.
``(F) Treatment works.--The term `treatment works'
has the meaning given the term in section 212.
``(2) Prohibition.--A publicly owned treatment works is
prohibited from performing a bypass unless--
``(A)(i) the bypass is unavoidable to prevent loss
of life, personal injury, or severe property damage;
``(ii) there is not a feasible alternative to the
bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or
maintenance during normal periods of equipment
downtime; and
``(iii) the treatment works provides notice of the
bypass in accordance with this subsection; or
``(B) the bypass does not cause effluent
limitations to be exceeded, and the bypass is for
essential maintenance to ensure efficient operation of
the treatment facility.
``(3) Limitation.--The requirement of paragraph (2)(A)(ii)
is not satisfied if--
``(A) adequate back-up equipment should have been
installed in the exercise of reasonable engineering
judgment to prevent the bypass; and
``(B) the bypass occurred during normal periods of
equipment downtime or preventive maintenance.
``(4) Immediate notice requirements.--
``(A) In general.--The Administrator shall work
with States having publicly owned treatment works
subject to the requirements of this subsection to
create immediate notice requirements in the event of
discharge that provide for the method, contents, and
requirements for public availability of the notice.
``(B) Minimum requirements.--
``(i) In general.--At a minimum, the
contents of the notice shall include--
``(I) the exact dates and times of
the discharge;
``(II) the volume of the discharge;
and
``(III) a description of any public
access areas impacted.
``(ii) Consistency.--Minimum requirements
shall be consistent for all States.
``(C) Additional requirements.--The Administrator
and States described in subparagraph (A) shall
include--
``(i) follow-up notice requirements that
provide a more full description of each event,
the cause, and plans to prevent reoccurrence;
and
``(ii) annual publication requirements that
list each treatment works from which the
Administrator or the State receive a follow-up
notice.
``(D) Timing.--The notice and publication
requirements described in this paragraph shall be
implemented not later than 2 years after the date of
enactment of this subsection.
``(5) Sewage blending.--Bypasses prohibited by this section
include bypasses resulting in discharges from a publicly owned
treatment works that consist of effluent routed around
treatment units and thereafter blended together with effluent
from treatment units prior to discharge.
``(6) Implementation.--As soon as practicable, the
Administrator shall establish procedures to ensure that permits
issued under this section (or under a State permit program
approved under this section) to a publicly owned treatment
works include requirements to implement this subsection.
``(7) Increase in maximum civil penalty for violations
occurring after january 1, 2035.--Notwithstanding section 309,
in the case of a violation of this subsection occurring on or
after January 1, 2035, or any violation of a permit limitation
or condition implementing this subsection occurring after that
date, the maximum civil penalty that shall be assessed for the
violation shall be $100,000 per day for each day the violation
occurs.
``(8) Applicability.--This subsection shall apply to a
bypass occurring after the last day of the 1-year period
beginning on the date of enactment of this subsection.''.
(b) Great Lakes Cleanup Fund.--(1) Title V of the Federal Water
Pollution Control Act (33 U.S.C. 1361 et seq.) is amended--
(A) by redesignating section 519 (33 U.S.C. 1251 note) as
section 520; and
(B) by inserting after section 518 (33 U.S.C. 1377) the
following:
``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.
``(a) Definitions.--In this section:
``(1) Fund.--The term `Fund' means the Great Lakes Cleanup
Fund established by subsection (b).
``(2) Great lakes; great lakes states.--The terms `Great
Lakes' and `Great Lakes States' have the meanings given the
terms in section 118(a)(3).
``(b) Establishment of Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Great Lakes
Cleanup Fund' (referred to in this section as the `Fund').
``(c) Transfers to Fund.--Effective January 1, 2035, there are
authorized to be appropriated to the Fund amounts equivalent to the
penalties collected for violations of section 402(s).
``(d) Administration of Fund.--The Administrator shall administer
the Fund.
``(e) Use of Funds.--The Administrator shall--
``(1) make the amounts in the Fund available to the Great
Lakes States for use in carrying out programs and activities
for improving wastewater discharges into the Great Lakes,
including habitat protection and wetland restoration; and
``(2) allocate those amounts among the Great Lakes States
based on the proportion that--
``(A) the amount attributable to a Great Lakes
State for penalties collected for violations of section
402(s); bears to
``(B) the total amount of those penalties
attributable to all Great Lakes States.
``(f) Priority.--In selecting programs and activities to be funded
using amounts made available under this section, a Great Lakes State
shall give priority consideration to programs and activities that
address violations of section 402(s) resulting in the collection of
penalties.''.
(2) Section 607 of the Federal Water Pollution Control Act (33
U.S.C. 1387) is amended--
(A) by striking ``There is'' and inserting ``(a) In
General.--There is''; and
(B) by adding at the end the following:
``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this
title, amounts made available from the Great Lakes Cleanup Fund under
section 519 shall be treated as funds authorized to be appropriated to
carry out this title and as funds made available under this title,
except that the funds shall be made available to the Great Lakes States
in accordance with section 519.''.
stewardship contracting amendments
Sec. 429. Section 604(d) of the Healthy Forest Restoration Act of
2003 (16 U.S.C. 6591), as amended by the Agricultural Act of 2014
(Public Law 113-79), is further amended--
(a) in paragraph (5), by adding at the end the following:
``Notwithstanding the Materials Act of 1947 (30 U.S.C. 602(a)), the
Director may enter into an agreement or contract under subsection
(b).''; and
(b) in paragraph (7), by striking ``and the Director''.
extension of grazing permits
Sec. 430. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the
Forest Service on any lands not subject to administration under section
402 of Federal Lands Policy and Management Act (43 U.S.C. 1752), shall
remain in effect for fiscal year 2016.
financial assurance
Sec. 431. None of the funds made available by this Act may be used
to develop, propose, finalize, implement, enforce, or administer any
regulation that would establish new financial responsibility
requirements pursuant to section 108(b) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9608(b)).
nepa guidance
Sec. 432. None of the funds made available in this Act may be used
by any Federal agency to develop, adopt, implement, enforce, or
administer guidance or regulations published in (1) 79 Fed. Reg. 77,802
dated December 24, 2014; and (2) 79 Fed. Reg. 76,986, dated December
23, 2014.
good neighbor authority
Sec. 433. Section 8206(b)(2) of the Agricultural Act of 2014 (16
USC 2113a(b)(2)) is amended by adding at the end of the following:
``(C) Forest development roads.--
``(i) In general.--Notwithstanding
subsection (a)(3)(B), existing roads shall be
repaired or reconstructed to a satisfactory
condition to perform authorized restoration
services including removal of timber.''.
TITLE V--WILDFIRE DISASTER FUNDING
SEC. 501. WILDFIRE DISASTER FUNDING AUTHORITY.
(a) Disaster Funding.--Section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)) is
amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``and'' at the
end and inserting ``plus'';
(B) in subclause (II), by striking the period at
the end and inserting ``; less''; and
(C) by adding the following:
``(III) the additional new budget
authority provided in an appropriation
Act for wildfire suppression operations
pursuant to subparagraph (E) for the
preceding fiscal year.''; and
(2) by adding at the end the following:
``(v) Beginning in fiscal year 2018, and
for each fiscal year thereafter, the
calculation of the `average funding provided
for disaster relief over the previous 10 years'
shall include, for each year within that
average, the additional new budget authority
provided in an appropriation Act for wildfire
suppression operations pursuant to subparagraph
(E) for the preceding fiscal year.''.
(b) Wildfire Suppression.--Section 251(b)(2) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is
amended by adding at the end the following:
``(E) Wildfire suppression.--
``(i) Definitions.--In this subparagraph:
``(I) Additional new budget
authority.--The term `additional new
budget authority' means the amount
provided for a fiscal year in an
appropriation Act that is--
``(aa) in excess of 100
percent of the average costs
for wildfire suppression
operations over the previous 10
years; and
``(bb) specified to pay for
the costs of wildfire
suppression operations.
``(II) Wildfire suppression
operations.--The term `wildfire
suppression operations' means the
emergency and unpredictable aspects of
wildland firefighting, including--
``(aa) support, response,
and emergency stabilization
activities;
``(bb) other emergency
management activities; and
``(cc) the funds necessary
to repay any transfers needed
for the costs of wildfire
suppression operations.
``(ii) Additional new budget authority.--If
a bill or joint resolution making
appropriations for a fiscal year is enacted
that specifies an amount for wildfire
suppression operations in the Wildland Fire
Management accounts at the Department of
Agriculture or the Department of the Interior,
then the adjustments for that fiscal year shall
be the amount of additional new budget
authority provided in that Act for wildfire
suppression operations for that fiscal year,
but shall not exceed--
``(I) for fiscal year 2016,
$1,460,000,000 in additional new budget
authority;
``(II) for fiscal year 2017,
$1,557,000,000 in additional new budget
authority;
``(III) for fiscal year 2018,
$1,778,000,000 in additional new budget
authority;
``(IV) for fiscal year 2019,
$2,030,000,000 in additional new budget
authority;
``(V) for fiscal year 2020,
$2,319,000,000 in additional new budget
authority; and
``(VI) for fiscal year 2021,
$2,650,000,000 in additional new budget
authority.
``(iii) Average cost calculation.--The
average costs for wildfire suppression
operations over the previous 10 years shall be
calculated annually and reported in the budget
of the President submitted under section
1105(a) of title 31, United States Code, for
each fiscal year.''.
SEC. 502. REPORTING REQUIREMENTS.
(a) Supplemental Appropriations.--If the Secretary of the Interior
or the Secretary of Agriculture determines that supplemental
appropriations are necessary for a fiscal year for wildfire suppression
operations, a request for the supplemental appropriations shall
promptly be submitted to Congress.
(b) Notice of Need for Additional Funds.--Prior to the obligation
of any of the additional new budget authority for wildfire suppression
operations specified for purposes of section 251(b)(2)(E)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(E)(ii)), the Secretary of the Interior or the Secretary of
Agriculture, as applicable, shall submit to the Committees on
Appropriations and the Budget of the House of Representatives and the
Committees on Appropriations and the Budget of the Senate written
notification that describes--
(1) that the amount for wildfire suppression operations to
meet the terms of section 251(b)(2)(E) of that Act for that
fiscal year will be exhausted imminently; and
(2) the need for additional new budget authority for
wildfire suppression operations.
(c) Accounting, Reports and Accountability.--
(1) Accounting and reporting requirements.--For each fiscal
year, the Secretary of the Interior and the Secretary of
Agriculture shall account for and report on the amounts used
from the additional new budget authority for wildfire
suppression operations provided to the Secretary of the
Interior or Secretary of Agriculture, as applicable, in an
appropriations Act pursuant to section 251(b)(2)(E)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)(E)(ii)).
(2) Annual report.--
(A) In general.--Not later than 180 days after the
end of the fiscal year for which additional new budget
authority is used, pursuant to section 251(b)(2)(E)(ii)
of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(E)(ii)), the Secretary
of the Interior or the Secretary of Agriculture, as
applicable, shall--
(i) prepare an annual report with respect
to the additional new budget authority;
(ii) submit to the Committees on
Appropriations, the Budget, and Natural
Resources of the House of Representatives and
the Committees on Appropriations, the Budget,
and Energy and Natural Resources of the Senate
the annual report prepared under clause (i);
and
(iii) make the report prepared under clause
(i) available to the public.
(B) Components.--The annual report prepared under
subparagraph (A) shall--
(i) document risk-based factors that
influenced management decisions with respect to
wildfire suppression operations;
(ii) analyze a statistically significant
sample of large fires, including an analysis
for each fire of--
(I) cost drivers;
(II) the effectiveness of risk
management techniques and whether fire
operations strategy tracked the risk
assessment;
(III) any resulting ecological or
other benefits to the landscape;
(IV) the impact of investments in
wildfire suppression operations
preparedness;
(V) effectiveness of wildfire
suppression operations, including an
analysis of resources lost versus
dollars invested;
(VI) effectiveness of any fuel
treatments on fire behavior and
suppression expenditures;
(VII) suggested corrective actions;
and
(VIII) any other factors the
Secretary of the Interior or Secretary
of Agriculture determines to be
appropriate;
(iii) include an accounting of overall fire
management and spending by the Department of
the Interior or the Department of Agriculture,
which shall be analyzed by fire size, cost,
regional location, and other factors;
(iv) describe any lessons learned in the
conduct of wildfire suppression operations; and
(v) include any other elements that the
Secretary of the Interior or the Secretary of
Agriculture determines to be necessary.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2016''.
DIVISION C--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA''), and the Second Chance Act of
2007, $2,936,244,000, plus reimbursements, shall be available. Of the
amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,492,000,000 as follows:
(A) $737,000,000 for adult employment and training
activities, of which $25,000,000 shall be available for
the period July 1, 2016, through June 30, 2017, and of
which $712,000,000 shall be available for the period
October 1, 2016, through June 30, 2017;
(B) $790,000,000 for youth activities, which shall
be available for the period April 1, 2016, through June
30, 2017; and
(C) $965,000,000 for dislocated worker employment
and training activities, of which $105,000,000 shall be
available for the period July 1, 2016, through June 30,
2017, and of which $860,000,000 shall be available for
the period October 1, 2016, through June 30, 2017:
Provided, That pursuant to section 128(a)(1) of the WIOA, the amount
available to the Governor for statewide workforce investment activities
shall not exceed 15 percent of the amount allotted to the State from
each of the appropriations under the preceding subparagraphs; and
(2) for national programs, $444,244,000 as follows:
(A) $200,000,000 for the dislocated workers
assistance national reserve, which shall be available
for the period October 1, 2016 through September 30,
2017: Provided, That funds provided to carry out
section 132(a)(2)(A) of the WIOA may be used to provide
assistance to a State for statewide or local use in
order to address cases where there have been worker
dislocations across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c)
of the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide
assistance to new entrants in the workforce and
incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the
funds provided under this subparagraph, the Secretary
of Labor (referred to in this title as ``Secretary'')
may reserve not more than 10 percent of such funds to
provide technical assistance and carry out additional
activities related to the transition to the WIOA:
Provided further, That, of the funds provided under
this subparagraph, $19,000,000 shall be made available
for applications submitted in accordance with section
170 of the WIOA for training and employment assistance
for workers dislocated from coal mines and coal-fired
power plants;
(B) $40,500,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2016, through June 30, 2017;
(C) $23,750,000, which shall be available for the
period October 1, 2015, through September 30, 2016, for
necessary expenses for the Office of Disability
Employment Policy to develop policy and initiatives
furthering the objective of eliminating barriers to the
training and employment of people with disabilities,
including funds for competitive grants: Provided,
That, not later than 180 days after the date of
enactment of this Act, the Office of Disability
Employment Policy in the Department of Labor shall be
placed in the Employment and Training Administration,
and the functions and duties previously assigned to the
Assistant Secretary for Disability Employment Policy
shall hereafter be assigned to the Assistant Secretary
for Employment and Training.
(D) $73,000,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$67,306,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $5,200,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $494,000 for other
discretionary purposes, which shall be available for
the period July 1, 2016, through June 30, 2017:
Provided, That notwithstanding any other provision of
law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance
services or discouraging grantees from providing such
services;
(E) $79,689,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2016, through June
30, 2017;
(F) $1,000,000 for technical assistance activities
under section 168 of the WIOA, which shall be available
for the period July 1, 2016 through June 30, 2017;
(G) $22,305,000 for ex-offender activities, under
the authority of section 169 of the WIOA and section
212 of the Second Chance Act of 2007, which shall be
available for the period April 1, 2016, through June
30, 2017: Provided, That such funds shall be for
competitive grants to national and regional
intermediaries for activities that prepare adult and
young ex-offenders and school dropouts for employment,
with a priority for projects serving high crime, high-
poverty areas and communities that have recently
experienced significant unrest;
(H) $4,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2016 through June 30, 2017.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIOA, $1,683,155,000, plus reimbursements,
as follows:
(1) $1,578,008,000 for Job Corps Operations, which shall be
available for the period July 1, 2016, through June 30, 2017;
(2) $74,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2016, through June 30, 2019, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, That any funds transferred pursuant to the preceding
proviso shall not be available for obligation after June 30,
2017: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer; and
(3) $31,147,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2015 through September 30, 2016:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $400,000,000, which shall be available for
the period July 1, 2016 through June 30, 2017, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2016 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) and section 233(b) of the Trade Adjustment
Assistance Extension Act of 2011, $664,200,000, together with such
amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15,
2016.
state unemployment insurance and employment service operations
For authorized administrative expenses, $86,428,000, together with
not to exceed $3,413,133,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,705,550,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $80,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and to provide reemployment
services and referrals to training as appropriate, and
$3,000,000 for continued support of the Unemployment Insurance
Integrity Center of Excellence), the administration of
unemployment insurance for Federal employees and for ex-service
members as authorized under 5 U.S.C. 8501-8523, and the
administration of trade readjustment allowances, reemployment
trade adjustment assistance, and alternative trade adjustment
assistance under the Trade Act of 1974 and under sections
231(a) and 233(b) of the Trade Adjustment Assistance Extension
Act of 2011, and shall be available for obligation by the
States through December 31, 2016, except that funds used for
automation acquisitions shall be available for Federal
obligation through December 31, 2016, and for State obligation
through September 30, 2018, or, if the automation acquisition
is being carried out through consortia of States, for State
obligation through September 30, 2021, and for expenditure
through September 30, 2022, and funds for competitive grants
awarded to States for improved operations and to conduct in-
person assessments and reviews and provide reemployment
services and referrals shall be available for Federal
obligation through December 31, 2016, and for obligation by the
States through September 30, 2018, and funds used for
unemployment insurance workloads experienced by the States
through September 30, 2016, shall be available for Federal
obligation through December 31, 2016;
(2) $12,892,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $614,000,000 from the Trust Fund, together with
$20,775,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2016 through June 30, 2017;
(4) $19,000,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, and the provision of technical
assistance and staff training under the Wagner-Peyser Act;
(5) $61,691,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $47,691,000 shall be available for the
Federal administration of such activities, and $14,000,000
shall be available for grants to States for the administration
of such activities; and
(6) $65,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act, including
$7,500,000 for grants relating to occupational licensing, and
shall be available for Federal obligation for the period July
1, 2016 through June 30, 2017:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2016 is projected by the
Department of Labor to exceed 2,957,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to make
payments on behalf of States to the entity operating the State
Information Data Exchange System: Provided further, That funds
appropriated in this Act which are used to establish a national one-
stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts,
grants, or agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States under such
grants, subject to the conditions applicable to the grants: Provided
further, That funds appropriated under this Act for activities
authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment
Insurance and Employment Service automation efforts, notwithstanding
cost allocation principles prescribed under the Office of Management
and Budget Circular A-87: Provided further, That the Secretary, at the
request of a State participating in a consortium with other States, may
reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium in order
to carry out activities that benefit the administration of the
unemployment compensation law of the State making the request:
Provided further, That the Secretary may collect fees for the costs
associated with additional data collection, analyses, and reporting
services relating to the National Agricultural Workers Survey requested
by State and local governments, public and private institutions of
higher education, and nonprofit organizations and may utilize such
sums, in accordance with the provisions of 29 U.S.C. 9a, for the
National Agricultural Workers Survey infrastructure, methodology, and
data to meet the information collection and reporting needs of such
entities, which shall be credited to this appropriation and shall
remain available until September 30, 2017, for such purposes.
In addition, $20,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall be
available for in-person reemployment and eligibility assessments and
unemployment insurance improper payment reviews and to provide
reemployment services and referrals to training as appropriate, which
shall be available for Federal obligations through December 31, 2016,
and for State obligation through September 30, 2018.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and
to the ``Federal Unemployment Benefits and Allowances'' account, such
sums as may be necessary, which shall be available for obligation
through September 30, 2017.
program administration
For expenses of administering employment and training programs,
$97,733,000, together with not to exceed $46,284,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $168,930,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2016, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2016 shall be
available for obligations for administrative expenses in excess of
$431,799,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2016, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2017, for
obligation for administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations in excess
of the amounts provided in this paragraph may be incurred for
unforeseen and extraordinary pretermination expenses or extraordinary
multiemployer program related expenses after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $210,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $36,000,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $96,000,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $107,500,000, together with $2,177,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War Claims Act
(50 U.S.C. App. 2004); obligations incurred under the War Hazards
Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the
additional compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $210,000,000, together
with such amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other benefits
for any period subsequent to August 15 of the current year, for deposit
into and to assume the attributes of the Employees' Compensation Fund
established under 5 U.S.C. 8147(a): Provided, That amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary to
reimburse an employer, who is not the employer at the time of injury,
for portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated on
September 30, 2015, shall remain available until expended for the
payment of compensation, benefits, and expenses: Provided further,
That in addition there shall be transferred to this appropriation from
the Postal Service and from any other corporation or instrumentality
required under 5 U.S.C. 8147(c) to pay an amount for its fair share of
the cost of administration, such sums as the Secretary determines to be
the cost of administration for employees of such fair share entities
through September 30, 2016: Provided further, That of those funds
transferred to this account from the fair share entities to pay the
cost of administration of the Federal Employees' Compensation Act,
$62,170,000 shall be made available to the Secretary as follows--
(1) for enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$21,140,000;
(2) for automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) for periodic roll disability management and medical
review, $16,668,000;
(4) for program integrity, $1,394,000; and
(5) the remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $69,302,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2017, $19,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $58,552,000, to remain
available until expended: Provided, That the Secretary may require
that any person filing a claim for benefits under the Act provide as
part of such claim such identifying information (including Social
Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (the ``Fund''), to remain available until expended, for payment of
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2016 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $35,244,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$30,279,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $327,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $524,476,000, including not to exceed $98,746,000 which
shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2016, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $10,149,000 shall be available for Susan Harwood training
grants: Provided further, That not less than $3,500,000 shall be
available for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $356,878,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$8,229,975 for state assistance grants: Provided, That notwithstanding
31 U.S.C. 3302, not to exceed $750,000 may be collected by the National
Mine Health and Safety Academy for room, board, tuition, and the sale
of training materials, otherwise authorized by law to be collected, to
be available for mine safety and health education and training
activities: Provided further, That notwithstanding 31 U.S.C. 3302, the
Mine Safety and Health Administration is authorized to collect and
retain up to $2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities: Provided further, That
the Secretary is authorized to accept lands, buildings, equipment, and
other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or
private: Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs with
States, industry, and safety associations: Provided further, That the
Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization: Provided further, That any funds available to
the Department of Labor may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $515,494,000,
together with not to exceed $63,700,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $258,727,000, together with not
to exceed $293,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
funds available to the Bureau of International Labor Affairs may be
used to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs, by or
through contracts, grants, subgrants and other arrangements: Provided
further, That $7,236,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2017: Provided
further, That funds available for program evaluation may be transferred
to any other appropriate account in the Department for such purpose:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer: Provided further, That the funds available to the
Women's Bureau may be used for grants to serve and promote the
interests of women in the workforce.
veterans employment and training
Not to exceed $231,872,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which:
(1) $175,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such title
and local veterans' employment representatives under section
4104(b) of such title, and for the expenses described in
section 4102A(b)(5)(C), which shall be available for obligation
by the States through December 31, 2016, and not to exceed 3
percent for the necessary Federal expenditures for data systems
and contract support to allow for the tracking of participant
and performance information: Provided, That, in addition, such
funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in
military treatment facilities or warrior transition units, and
to the spouses or other family caregivers of such wounded, ill,
or injured members;
(2) $14,000,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $39,458,000 is for Federal administration of chapters
41, 42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $38,109,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2016, to
provide services under such section: Provided further, That services
provided under section 2023 may include, in addition to services to the
individuals described in subsection (e) of such section, services to
veterans recently released from incarceration who are at risk of
homelessness.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $12,898,000.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$73,721,000, together with not to exceed $5,590,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of
the funds made available to the Department of Labor for grants under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose
other than competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school within a
local educational agency in the occupations and industries for which
employers are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training: Provided, That
$13,000,000 of such funds shall be used in fiscal year 2016 to process
permanent foreign labor certifications under section 212(a)(5)(A) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)): Provided
further, That the funding limitation under this section shall not apply
to funding provided pursuant to solicitations for grant applications
issued before January 15, 2014.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(including transfer of funds)
Sec. 106. Notwithstanding section 102, the Secretary may transfer
funds made available to the Employment and Training Administration by
this Act, either directly or through a set-aside, for technical
assistance services to grantees to ``Program Administration'' when it
is determined that those services will be more efficiently performed by
Federal employees: Provided, That this section shall not apply to
section 171 of the WIOA.
(including transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.5 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2017: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment
for Older Americans'', ``State Unemployment Insurance and Employment
Service Operations'', ``Employee Benefits Security Administration'',
``Office of Workers' Compensation Programs'', ``Wage and Hour
Division'', ``Office of Federal Contract Compliance Programs'',
``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'',
funding made available to the ``Bureau of International Affairs'' and
``Women's Bureau'' within the ``Departmental Management, Salaries and
Expenses'' account, and ``Veterans Employment and Training''.
Sec. 108. Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) is amended by adding the following text to such section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster, as defined
herein, to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies
or contracts;
``(B) who receives on average weekly compensation of not
less than $591.00 per week or any minimum weekly amount
established by the Secretary, whichever is greater, over the
number of weeks such employee is engaged in any of the
activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses
arising from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) Notwithstanding any other provision of section 18, in the
event of a major disaster, this Act exclusively shall govern the
payment of overtime to all employees described in paragraph (1) above,
and shall supersede any other Federal, State, or local law, regulation,
or order.
``(3) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(4) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform any of the
activities described in clauses (i) through (v) of paragraph
(1)(C) relating to a major disaster, and is employed by an
employer that maintains worker compensation insurance coverage
or protection for its employees, if required by applicable law,
and withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of percent or more of the outstanding
shares of any class of voting securities of one or more
companies, directly or indirectly, controls, is controlled by,
or is under common control with, another company.''.
Sec. 109. Notwithstanding any other provision of law, beginning
October 1, 2015, the Secretary of Labor, in consultation with the
Secretary of Agriculture may select an entity to operate a Civilian
Conservation Center on a competitive basis in accordance with section
147 of the WIOA, if the Secretary of Labor determines such Center has
had consistently low performance under the performance accountability
system in effect for the Job Corps program prior to July 1, 2016, or
with respect to expected levels of performance established under
section 159(c) of such Act beginning July 1, 2016.
Sec. 110. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the proposed Definition
of the Term ``Fiduciary''; Conflict of Interest Rule--Retirement
Investment Advice regulation published by the Department of Labor in
the Federal Register on April 20, 2015 (80 Fed. Reg. 21928 et seq.).
Sec. 111. The determination of prevailing wage for the purposes of
the H-2B program shall be the greater of--(1) the actual wage level
paid by the employer to other employees with similar experience and
qualifications for such position in the same location; or (2) the
prevailing wage level for the occupational classification of the
position in the geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time of filing
the petition. In the determination of prevailing wage for the purposes
of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data
are available unless the Secretary determines that the methodology and
data in the provided survey are not statistically supported.
Sec. 112. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 113. None of the funds in this Act shall be used to implement
20 CFR 655.70 and 20 CFR 655.71.
Sec. 114. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for which
the employer is seeking the services of the nonimmigrants
without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor
market by--
(i) listing job orders in local newspapers
on 2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better
qualified United States worker who--
(i) applies for the job; and
(ii) will be available at the time and
place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the United
States during the 120-day period specified in paragraph (1) to
be staggering the date of need in violation of section
655.20(d) of title 20, Code of Federal Regulations, or any
other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 115. (a) Subject to the requirement under subsection (b), none
of the funds appropriated or otherwise made available by this Act may
be used to promulgate or implement any rule, standard, or policy
amending part 1910, 1915, or 1926 of title 29, Code of Federal
Regulations (as in effect on the day before the date of enactment of
this Act), related to occupational exposure to respirable crystalline
silica, including the proposed rulemaking by the Occupational Safety
and Health Administration of the Department of Labor issued on
September 12, 2013 (78 Fed. Reg. 56274), until--
(1) a review is conducted after the date of enactment of
this Act by a small business advocacy review panel, pursuant to
the Small Business Regulatory Enforcement Fairness Act of 1996
(5 U.S.C. 601 note), and the panel delivers a report on the
review to the Assistant Secretary of Labor for Occupational
Safety and Health;
(2) the Secretary, acting through the Assistant Secretary
of Labor for Occupational Safety and Health, commissions an
independent study, to be conducted by the National Academy of
Sciences, examining--
(A) the epidemiological justification of the
Occupational Safety and Health Administration for
proposing to reduce the occupational exposure limits to
respirable crystalline silica, established by such
Administration and in effect on the day before the date
of enactment of this Act, including consideration of
the prevalence or lack of disease and mortality
associated with such occupational exposure limits;
(B) the ability of sampling methods to collect
samples of respirable crystalline silica and
laboratories to measure such samples (in a manner that
meets the criteria for accuracy and precision contained
in the most recent publication of the NIOSH Manual of
Analytical Methods, published by the National Institute
for Occupational Safety and Health) to determine
occupational exposures to respirable crystalline silica
that are less than or equal to the occupational
exposure limits and action levels for respirable
crystalline silica proposed by the Occupational Safety
and Health Administration as of the day before the date
of enactment of this Act;
(C) the ability of regulated industries to comply
with such occupational exposure limits or action
levels;
(D) the steady decline in silicosis related
mortality rates based on data maintained by the Centers
for Disease Control and Prevention;
(E) the ability of various types of personal
protective equipment to protect employees from
occupational exposure to respirable crystalline silica;
and
(F) the costs of the different types of such
personal protective equipment as compared to the costs
of engineering and work practice controls related to
such equipment; and
(3) the Secretary, acting through such Assistant Secretary,
submits to the Committee on Appropriations, and the Committee
on Health, Education, Labor, and Pensions, of the Senate, a
report containing the results of the independent study
conducted under paragraph (2).
(b) Notwithstanding the funding limitation under subsection (a),
from the funds appropriated to the Occupational Safety and Health
Administration for safety and health standards, $800,000 shall be made
available to conduct the independent study under subsection (a)(2) and
submit the report under subsection (a)(3), which report shall be
submitted by not later than 1 year after the date of enactment of this
Act.
This title may be cited as the ``Department of Labor Appropriations
Act, 2016''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Services
Act (referred to in this Act as the ``PHS Act'') with respect to
primary health care and the Native Hawaiian Health Care Act of 1988,
$1,630,100,000 (in addition to the $3,600,000,000 previously
appropriated to the Community Health Center Fund for fiscal year 2016):
Provided, That $1,491,522,000 is appropriated from the general fund,
and $138,478,000, to remain available until expended, is derived from
available unobligated balances of amounts transferred from the
Community Health Center Fund in prior fiscal years: Provided further,
That no part of the unobligated balances from amounts appropriated in
42 U.S.C. 254b-2(b)(1) for prior fiscal years shall be available to the
Secretary of Health and Human Services for obligation in fiscal year
2016 except as provided for in this Act: Provided further, That no
more than $100,000 shall be available until expended for carrying out
the provisions of section 224(o) of the PHS Act: Provided further,
That no more than $99,893,000 shall be available until expended for
carrying out the provisions of Public Law 104-73 and for expenses
incurred by the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made under
such law: Provided further, That of funds provided for the Health
Centers program, as defined by section 330 of the PHS Act, by this Act
or any other Act for fiscal year 2016, not less than $50,000,000 shall
be obligated in fiscal year 2016 to support new access points, grants
to expand medical services, behavioral health, oral health, pharmacy,
or vision services, and not less than $40,000,000 shall be obligated in
fiscal year 2016 for construction and capital improvement costs:
Provided further, That the time limitation in section 330(e)(3) of the
PHS Act shall not apply in fiscal year 2016.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, section 1128E of the Social Security
Act, and the Health Care Quality Improvement Act of 1986, $720,970,000:
Provided, That sections 747(c)(2), 751(j)(2), 762(k), and the
proportional funding amounts in paragraphs (1) through (4) of section
756(e) of the PHS Act shall not apply to funds made available under
this heading: Provided further, That for any program operating under
section 751 of the PHS Act on or before January 1, 2009, the Secretary
may hereafter waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period
of a grant under such section: Provided further, That no funds shall
be available for section 340G-1 of the PHS Act: Provided further, That
fees collected for the disclosure of information under section 427(b)
of the Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to
recover the full costs of operating the programs authorized by such
sections and shall remain available until expended for the National
Practitioner Data Bank: Provided further, That funds transferred to
this account to carry out section 846 and subpart 3 of part D of title
III of the PHS Act may be used to make prior year adjustments to awards
made under such sections: Provided further, That from amounts made
available under this heading for the Public Health Training Centers
Program, 50 percent of such amounts shall be transferred and made
available for the Preventive Medicine Residency Program.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health, title V of the Social Security
Act, and section 712 of the American Jobs Creation Act of 2004,
$828,014,000: Provided, That notwithstanding sections 502(a)(1) and
502(b)(1) of the Social Security Act, not more than $50,000,000 shall
be available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and $10,276,000
shall be available for projects described in subparagraphs (A) through
(F) of section 501(a)(3) of such Act: Provided further, That
notwithstanding section 502(c) of the Social Security Act, not less
than $555,000,000 shall be available for the State Block Grant Awards.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,293,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2018, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $103,193,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided, That the Secretary may collect a fee of 0.1 percent
of each purchase of 340B drugs from entities participating in the Drug
Pricing Program pursuant to section 340B of the PHS Act to pay for the
operating costs of such program: Provided further, That fees pursuant
to the 340B Drug Pricing Program shall be collected by the Secretary
based on sales data that shall be submitted by drug manufacturers and
shall be credited to this account, to remain available until expended.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$150,571,000, of which $41,609,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, $14,942,000
shall be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology and up to $1,000,000 shall be to carry out section
1820(g)(6) of the Social Security Act, with funds provided for grants
under section 1820(g)(6) available for the purchase and implementation
of telehealth services, including pilots and demonstrations on the use
of electronic health records to coordinate rural veterans care between
rural providers and the Department of Veterans Affairs electronic
health record system: Provided further, That notwithstanding section
338J(k) of the PHS Act, $9,511,000 shall be available for State Offices
of Rural Health.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $257,832,000:
Provided, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $151,000,000: Provided, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Care Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$7,500,000 shall be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to immunization and respiratory diseases, $573,105,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,090,609,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $388,590,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$595,272,000: Provided, That funds appropriated under this account may
be available for making grants under section 1509 of the PHS Act for
not less than 21 States, tribes, or tribal organizations: Provided
further, That of the funds available under this heading, $8,500,000
shall be available to continue and expand community specific extension
and outreach programs to combat obesity in counties with the highest
levels of obesity: Provided further, That the proportional funding
requirements under section 1503(a) of the PHS Act shall not apply to
funds made available under this Act.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $132,781,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $471,061,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $132,286,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $187,947,000: Provided, That
of the funds provided under this heading, $37,500,000 shall be
available for an evidence-based opioid drug overdose prevention
program.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety
and Health Act, with respect to occupational safety and health,
$305,887,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be
available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law 106-
554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $411,758,000, of which $128,421,000 for
international HIV/AIDS shall remain available through September 30,
2017: Provided, That funds may be used for purchase and insurance of
official motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $1,340,118,000, of which $534,343,000 shall remain
available until expended for the Strategic National Stockpile:
Provided, That in the event the Director of the CDC activates the
Emergency Operations Center, the Director of the CDC may detail staff
without reimbursement for up to 120 days to support the work of the CDC
Emergency Operations Center, so long as the Director provides a notice
to the Committees on Appropriations of the House of Representatives and
the Senate within 15 days of the use of this authority and a full
report within 30 days after use of this authority which includes the
number of staff and funding level broken down by the originating center
and number of days detailed.
buildings and facilities
For acquisition of real property, equipment, construction,
demolition, and renovation of facilities, $10,000,000, which shall
remain available until September 30, 2020: Provided, That funds
previously set-aside by CDC for repair and upgrade of the Lake Lynn
Experimental Mine and Laboratory shall be used to acquire a replacement
mine safety research facility: Provided further, That funds made
available by prior appropriations Acts for CDC for construction and
renovation of facilities may also be used, in fiscal year 2016, for the
construction of a replacement freezer building in the Fort Collins,
Colorado, area.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $107,892,000: Provided,
That paragraphs (1) through (3) of subsection (b) of section 2821 of
the PHS Act shall not apply to funds appropriated under this heading
and in all other accounts of the CDC: Provided further, That funds
appropriated under this heading and in all other accounts of CDC may be
used to support the hire, maintenance, and operation of aircraft in
direct support of activities throughout CDC and to ensure the agency is
prepared to address public health preparedness emergencies: Provided
further, That employees of CDC or the Public Health Service, both
civilian and commissioned officers, detailed to States, municipalities,
or other organizations under authority of section 214 of the PHS Act,
or in overseas assignments, shall be treated as non-Federal employees
for reporting purposes only and shall not be included within any
personnel ceiling applicable to the Agency, Service, or HHS during the
period of detail or assignment: Provided further, That CDC may use up
to $10,000 from amounts appropriated to CDC in this Act for official
reception and representation expenses when specifically approved by the
Director of CDC: Provided further, That in addition, such sums as may
be derived from authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided further, That
with respect to the previous proviso, authorized user fees from the
Vessel Sanitation Program and the Respirator Certification Program
shall be available through September 30, 2017: Provided further, That
of the funds made available under this heading and in all other
accounts of CDC, up to $1,000 per eligible employee of CDC shall be
made available until expended for Individual Learning Accounts.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $5,204,058,000, of which up to $16,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,135,519,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $415,169,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $1,825,162,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $1,694,758,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $4,710,342,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,511,431,000, of which
$940,000,000 shall be from funds available under section 241 of the PHS
Act: Provided, That not less than $300,000,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,345,355,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $709,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $695,900,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $1,548,494,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$544,274,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $424,860,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $147,508,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $469,355,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,069,086,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,520,260,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $526,166,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$344,299,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $130,162,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$287,379,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $70,944,000.
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $699,319,000: Provided, That up to
$25,835,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $499,746,000 is provided to the Clinical and Translational
Sciences Awards program.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $402,251,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2017: Provided
further, That in fiscal year 2016, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of
the National Institutes of Health (referred to in this title as
``NIH'').
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $860,937,000, of which up to $30,000,000 may be used to
carry out section 212 of this Act: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited to the
NIH Management Fund shall remain available for one fiscal year after
the fiscal year in which they are deposited: Provided further, That
$165,000,000 shall be for longitudinal studies related to environmental
influences on child health and development as a follow-on to the
National Children's Study, and may be transferred to and merged with
the accounts for the various Institutes and Centers to support
activities related to this goal: Provided further, That NIH shall
submit a spend plan and research strategy to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 90 days after the date of enactment of this Act: Provided
further, That $544,077,000 shall be available for the Common Fund
established under section 402A(c)(1) of the PHS Act: Provided further,
That of the funds provided, $10,000 shall be for official reception and
representation expenses when specifically approved by the Director of
the NIH: Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000 to make
grants for construction or renovation of facilities as provided for in
section 2354(a)(5)(B) of the PHS Act: Provided further, That
$50,000,000 shall be used to carry out section 404I of the PHS Act (42
U.S.C. 283k), relating to biomedical and behavioral research
facilities: Of the amount provided to the NIH, the Director of NIH
shall enter into an agreement with the National Academy of Sciences, as
part of the studies conducted under section 489 of the PHSA, to conduct
a comprehensive study on policies affecting the next generation of
researchers in the United States: Provided further, That the Director
may direct up to 1 percent of the total made available in this or any
other Act to all NIH appropriations to activities that the Director may
so designate: Provided further, That no such appropriation shall be
decreased by more than 1 percent by any such transfers and that the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of title 26, United States
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the
PHS Act (relating to pediatric research), as authorized in the
Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction or demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including
the acquisition of real property, $128,863,000, to remain available
through September 30, 2020.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,021,301,000: Provided, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section 1971 of
the PHS Act: Provided further, That in addition to amounts provided
herein, $21,039,000 shall be available under section 241 of the PHS Act
to carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That section 520E(b)(2) of the PHS Act shall not
apply to funds appropriated in this Act for fiscal year 2016: Provided
further, That of the amount appropriated under this heading,
$45,887,000 shall be for the National Child Traumatic Stress Initiative
as described in section 582 of the PHS Act: Provided further, That
notwithstanding section 565(b)(1) of the PHS Act, technical assistance
may be provided to a public entity to establish or operate a system of
comprehensive community mental health services to children with a
serious emotional disturbance, without regard to whether the public
entity receives a grant under section 561(a) of such Act: Provided
further, That States shall expend at least 5 percent of the amount each
receives for carrying out section 1911 of the PHS Act to support
evidence-based programs that address the needs of individuals with
early serious mental illness, including psychotic disorders, regardless
of the age of the individual at onset: Provided further, That none of
the funds provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act.
substance abuse treatment
For carrying out titles III, V, and XIX of the PHS Act with respect
to substance abuse treatment and section 1922(a) of the PHS Act with
respect to substance abuse prevention, $1,972,916,000: Provided, That
in addition to amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund section
1935(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart II of part B of title XIX; and (2)
$2,000,000 to evaluate substance abuse treatment programs: Provided
further, That none of the funds provided for section 1921 of the PHS
Act shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $182,731,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $137,869,000: Provided, That in
addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may
be collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act
for carrying out section 501(m) of the PHS Act shall remain available
through September 30, 2017: Provided further, That funds made
available under this heading may be used to supplement program support
funding provided under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$236,001,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2016: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2017.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $243,545,410,000, to remain available until
expended.
For making, after May 31, 2016, payments to States under title XIX
or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act for the last quarter of fiscal year 2016 for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2017, $115,582,502,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$283,171,800,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare and Medicaid
Services, not to exceed $3,027,590,000, to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section 302
of the Tax Relief and Health Care Act of 2006; and such sums as may be
collected from authorized user fees and the sale of data, which shall
be credited to this account and remain available until September 30,
2021: Provided, That all funds derived in accordance with 31 U.S.C.
9701 from organizations established under title XIII of the PHS Act
shall be credited to and available for carrying out the purposes of
this appropriation: Provided further, That the Secretary is directed
to collect fees in fiscal year 2016 from Medicare Advantage
organizations pursuant to section 1857(e)(2) of the Social Security Act
and from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $706,000,000, to remain available through
September 30, 2017, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $474,175,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for Medicare
Advantage under Part C and the Medicare Prescription Drug Program under
Part D of the Social Security Act and for activities described in
section 1893(b) of such Act, of which $77,275,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3)
of such Act, of which $77,275,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program integrity
activities, and of which $77,275,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2016 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs for the
funds provided by this appropriation: Provided further, That of the
amount provided under this heading, $311,000,000 is provided to meet
the terms of section 251(b)(2)(C)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, and $395,000,000 is
additional new budget authority specified for purposes of section
251(b)(2)(C) of such Act.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $2,944,906,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2017, $1,300,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low Income Home Energy Assistance Act of 1981, $3,390,304,000:
Provided, That all but $491,000,000 of this amount shall be allocated
as though the total appropriation for such payments for fiscal year
2016 was less than $1,975,000,000: Provided further, That
notwithstanding section 2609A(a), of the amounts appropriated under
section 2602(b), not more than $2,988,000 of such amounts may be
reserved by the Secretary for technical assistance, training, and
monitoring of program activities for compliance with internal controls,
policies and procedures and may, in addition to the authorities
provided in section 2609A(a)(1), use such funds through contracts with
private entities that do not qualify as nonprofit organizations.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), section 203 of the Trafficking Victims Protection
Reauthorization Act of 2005, and the Torture Victims Relief Act of
1998, $1,405,367,000, of which $1,378,877,000 shall remain available
through September 30, 2018 for carrying out such sections 414, 501,
462, and 235: Provided, That amounts available under this heading to
carry out such section 203 and the TVPA shall also be available for
research and evaluation with respect to activities under those
authorities: Provided further, That the limitation in section 205 of
this Act regarding transfers increasing any appropriation shall apply
to transfers to appropriations under this heading by substituting ``10
percent'' for ``3 percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
2014 (``CCDBG Act''), $2,585,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That, in addition to the amounts required
to be reserved by the States under section 658G of the CCDBG Act,
$119,098,000 shall be for activities that improve the quality of infant
and toddler care: Provided further, That technical assistance under
section 658I(a)(3) of such Act may be provided directly, or through the
use of contracts, grants, cooperative agreements, or interagency
agreements: Provided further, That the reservation of funds specified
in paragraphs (4) and (5) of section 658O(a) of such Act shall also be
applied to funds appropriated in this or any other Act, including
section 418 of the Social Security Act (42 U.S.C. 618), to carry out
such section 418.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 303 and 313 of the Family Violence Prevention
and Services Act, the Native American Programs Act of 1974, title II of
the Child Abuse Prevention and Treatment and Adoption Reform Act of
1978 (adoption opportunities), part B-1 of title IV and sections 413,
429, 473A, 477(i), 1110, 1114A, and 1115 of the Social Security Act;
for making payments under the Community Services Block Grant Act
(``CSBG Act''), sections 473B and 477(i) of the Social Security Act,
and the Assets for Independence Act; for necessary administrative
expenses to carry out titles I, IV, V, X, XI, XIV, XVI, and XX of the
Social Security Act, the Act of July 5, 1960, the Low Income Home
Energy Assistance Act of 1981, title IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance
Act of 1980; and for the administration of prior year obligations made
by the Administration for Children and Families under the Developmental
Disabilities Assistance and Bill of Rights Act and the Help America
Vote Act of 2002, $10,388,620,000, of which $37,943,000, to remain
available through September 30, 2017, shall be for grants to States for
adoption and legal guardianship incentive payments, as defined by
section 473A of the Social Security Act and may be made for adoptions
completed before September 30, 2015: Provided, That $8,698,095,000
shall be for making payments under the Head Start Act: Provided
further, That of the amount in the previous proviso, $8,073,095,000
shall be available for payments under section 640 of the Head Start
Act: Provided further, That of the amount provided for making payments
under the Head Start Act, $25,000,000 shall be available for allocation
by the Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of such Act under the Designation
Renewal System, established under the authority of sections 641(c)(7),
645A(b)(12) and 645A(d) of such Act: Provided further, That
notwithstanding such section 640, of the amount provided for making
payments under the Head Start Act, and in addition to funds otherwise
available under such section 640 for such purposes, $600,000,000 shall
be available for Early Head Start programs as described in section 645A
of such Act, for conversion of Head Start services to Early Head Start
services as described in section 645(a)(5)(A) of such Act, for
discretionary grants for high quality infant and toddler care through
Early Head Start-Child Care Partnerships, to entities defined as
eligible under section 645A(d) of such Act, for training and technical
assistance for such activities, and for up to $14,000,000 in Federal
costs of administration and evaluation, and, notwithstanding section
645A(c)(2) of such Act, these funds are available to serve children
under age 4: Provided further, That funds described in the preceding
two provisos shall not be included in the calculation of ``base grant''
in subsequent fiscal years, as such term is used in section
640(a)(7)(A) of such Act: Provided further, That $674,000,000 shall be
for making payments under the CSBG Act: Provided further, That not
more than $350,000 shall be reserved under section 674(b)(3) of the
CSBG Act, all of which shall be solely for carrying out section
678(b)(2) of such Act: Provided further, That section 303(a)(2)(A)(i)
of the Family Violence Prevention and Services Act shall not apply to
amounts provided herein: Provided further, That $1,864,000 shall be
for a human services case management system for federally declared
disasters, to include a comprehensive national case management contract
and Federal costs of administering the system: Provided further, That
up to $2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $59,765,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $5,298,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2017,
$2,300,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the OAA,
titles III and XXIX of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B of the
Social Security Act, the Developmental Disabilities Assistance and Bill
of Rights Act, parts 2 and 5 of subtitle D of title II of the Help
America Vote Act of 2002, the Assistive Technology Act of 1998, titles
II and VII (and section 14 with respect to such titles) of the
Rehabilitation Act of 1973, and for Department-wide coordination of
policy and program activities that assist individuals with
disabilities, $1,831,089,000, together with $30,000,000 to be
transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That
amounts appropriated under this heading may be used for grants to
States under section 361 of the OAA only for disease prevention and
health promotion programs and activities which have been demonstrated
through rigorous evaluation to be evidence-based and effective:
Provided further, That notwithstanding any other provision of this Act,
funds made available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in accordance
with such section.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$301,500,000, together with $46,762,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of the
funds made available under this heading, $20,000,000 shall be for
making competitive contracts and grants to public and private entities
to fund medically accurate and age appropriate programs that reduce
teen pregnancy and for the Federal costs associated with administering
and evaluating such contracts and grants, of which not more than 10
percent of the available funds shall be for training and technical
assistance, evaluation, outreach, and additional program support
activities, and of the remaining amount 75 percent shall be for
replicating programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk factors
underlying teenage pregnancy, or other associated risk factors, and 25
percent shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and innovative
strategies for preventing teenage pregnancy: Provided further, That of
the funds made available under this heading, $1,750,000 is for
strengthening the Department's acquisition workforce capacity and
capabilities: Provided further, That with respect to the previous
proviso, such funds shall be available for training, recruiting,
retaining, and hiring members of the acquisition workforce as defined
by 41 U.S.C. 1703, for information technology in support of acquisition
workforce effectiveness and for management solutions to improve
acquisition management: Provided further, That of the funds made
available under this heading, $20,000,000 shall be for making
competitive grants to provide abstinence education (as defined by
section 510(b)(2)(A)-(H) of the Social Security Act) to adolescents,
and for Federal costs of administering the grant: Provided further,
That grants made under the authority of section 510(b)(2)(A)-(H) of the
Social Security Act shall be made only to public and private entities
that agree that, with respect to an adolescent to whom the entities
provide abstinence education under such grant, the entities will not
provide to that adolescent any other education regarding sexual
conduct, except that, in the case of an entity expressly required by
law to provide health information or services the adolescent shall not
be precluded from seeking health information or services from the
entity in a different setting than the setting in which abstinence
education was provided: Provided further, That funds provided in this
Act for embryo adoption activities may be used to provide to
individuals adopting embryos, through grants and other mechanisms,
medical and administrative services deemed necessary for such
adoptions: Provided further, That such services shall be provided
consistent with 42 CFR 59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings and
Appeals, $97,381,000, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$71,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $900,362,000, of which $473,000,000 shall remain
available through September 30, 2017, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds provided
under this heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds available for
such purpose: Provided further, That products purchased with funds
provided under this heading may, at the discretion of the Secretary, be
deposited in the Strategic National Stockpile pursuant to section 319F-
2 of the PHS Act: Provided further, That $5,000,000 of the amounts
made available to support emergency operations shall remain available
through September 30, 2018.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $255,000,000, to
remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $71,915,000; of which $39,906,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for
the construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the execution of a contract awarded in fiscal year 2016
under section 338B of such Act.
Sec. 207. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2016:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such
personnel under section 5304 of title 5, United States Code if
such personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter I
of chapter 63 of title 5, United States Code, or section 903 of
the Foreign Service Act of 1980, to individuals serving in the
Foreign Service.
Sec. 213. Funds which are available for Individual Learning
Accounts for employees of CDC and the Agency for Toxic Substances and
Disease Registry (``ATSDR'') may be transferred to appropriate accounts
of CDC, to be available only for Individual Learning Accounts:
Provided, That such funds may be used for any individual full-time
equivalent employee while such employee is employed either by CDC or
ATSDR.
(transfer of funds)
Sec. 214. The Director of the NIH, jointly with the Director of
the Office of AIDS Research, may transfer up to 3 percent among
institutes and centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 215. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 216. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds available under
section 402(b)(7) or 402(b)(12) of the PHS Act to enter into
transactions (other than contracts, cooperative agreements, or grants)
to carry out research identified pursuant to such section 402(b)(7)
(pertaining to the Common Fund) or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 217. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 218. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 219. Section 461(b)(1) of the Public Health Service Act (42
U.S.C. 285k(b)(1)) is amended--
(1) in subparagraph (B), by striking ``and behavioral
research'' and all that follows through the period and
inserting ``or behavioral research and are located in a State
that is at or below the median of all States with respect to
the aggregate NIH funding received by entities in that
State.''; and
(2) by adding at the end the following:
``(D) Entities that are designated as Primarily
Undergraduate Institutions and that are not eligible
for funding under the Individuals with Disabilities
Education Act, but that have been eligible for
participation in the National Science Foundation
Experimental Program to Stimulate Competitive Research
(EPSCoR) program for the past 2 consecutive years, may
apply to an entity that currently holds an IDeA
Networks of Biomedical Research Excellence award for
inclusion in their Network.''.
Sec. 220. Public Law 110-161, division G, title II, section 223 is
amended by inserting, after ``shall be available'' and before ``until
expended'', ``to the Office of the Director, National Institutes of
Health''; striking, after ``may be available for'' and before ``,
subject to approval'', ``such purposes, for capital acquisition
necessary to the operation of the Department, including facilities
infrastructure and information technology infrastructure'', and
inserting ``all necessary expenses related to carrying out section 301
and title IV of the Public Health Service Act''.
Sec. 221. In addition to amounts provided herein, payments made
for research organisms or substances, authorized under section 301(a)
of the PHS Act, shall be retained and credited to the appropriations
accounts of the Institutes and Centers of the NIH making the substance
or organism available under section 301(a). Amounts credited to the
account under this authority shall be available for obligation through
September 30, 2017.
Sec. 222. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 223. (a) The Secretary shall establish a publicly accessible
Web site to provide information regarding the uses of funds made
available under section 4002 of the Patient Protection and Affordable
Care Act of 2010 (``ACA'').
(b) With respect to funds provided under section 4002 of the ACA,
the Secretary shall include on the Web site established under
subsection (a) at a minimum the following information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity
receiving funds, the operating division or office that will
administer the funds, and the planned uses of the funds, to be
posted not later than the day after the transfer is made.
(2) Identification (along with a link to the full text) of
each funding opportunity announcement, request for proposals,
or other announcement or solicitation of proposals for grants,
cooperative agreements, or contracts intended to be awarded
using such funds, to be posted not later than the day after the
announcement or solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such
funds, including the purpose of the award and the identity of
the recipient, to be posted not later than 5 days after the
award is made.
(4) A report detailing the uses of all funds transferred
under section 4002(c) during the fiscal year, to be posted not
later than 90 days after the end of the fiscal year.
(c) With respect to awards made in fiscal years 2013 through 2016,
the Secretary shall also include on the Web site established under
subsection (a), semi-annual reports from each entity awarded a grant,
cooperative agreement, or contract from such funds with a value of
$25,000 or more, summarizing the activities undertaken and identifying
any sub-grants or sub-contracts awarded (including the purpose of the
award and the identity of the recipient), to be posted not later than
30 days after the end of each 6-month period.
(d) In carrying out this section, the Secretary shall--
(1) present the information required in subsection (b)(1)
on a single webpage or on a single database;
(2) ensure that all information required in this section is
directly accessible from the single webpage or database; and
(3) ensure that all information required in this section is
able to be organized by program or State.
(transfer of funds)
Sec. 224. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the report accompanying this Act.
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 225. (a) The Secretary shall publish in the fiscal year 2017
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received in
discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from
the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 226. The Secretary shall publish, as part of the fiscal year
2017 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare and Medicaid Services specifically for
Health Insurance Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2017. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the report accompanying this Act.
Sec. 227. The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate detailed,
monthly enrollment figures from the Exchanges established under the
Patient Protection and Affordable Care Act of 2010 pertaining to
enrollments during the open enrollment period: Provided, That the
Committees on Appropriations of the House of Representatives and the
Senate must be notified and provided with the enrollment figures at
least 2 business days in advance of any public release of the
information.
Sec. 228. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare and Medicaid Services--
Program Management'' account, may be used for payments under section
1342(b)(1) of Public Law 111-148 (relating to risk corridors).
Sec. 229. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare and Medicaid Services--
Program Management'' account, may be used to support the operation of
an Exchange established under section 1311 of Public Law 111-148.
Sec. 230. None of the funds appropriated in this Act may be used
to issue, promulgate, or otherwise implement the 2015 Dietary
Guidelines for Americans edition unless the information and guidelines
in the report are solely nutritional and dietary in nature; and based
only on a preponderance of nutritional and dietary scientific evidence
and not extraneous information.
(rescission)
Sec. 231. The following unobligated balances of amounts
appropriated prior to fiscal year 2007 for ``Department of Health and
Human Services, Health Resources and Services Administration'' are
hereby rescinded:
(1) $281,003 appropriated to carry out section 1610(b) of
the PHS Act;
(2) $3,611 appropriated to carry out section 1602(c) of the
PHS Act;
(3) $105,576 appropriated in section 167 of division H of
Public Law 108-199; and
(4) $55,793 appropriated to carry out the National Cord
Blood Stem Cell Bank Program.
(rescission)
Sec. 232. Of the funds made available under prior year
Appropriation Acts for the Centers for Disease Control and Prevention
for Individual Learning Accounts, $12,592,000 are hereby rescinded.
(rescission)
Sec. 233. Of the unobligated balances available from prior
appropriations Acts under the heading ``Department of Health and Human
Services--Administration for Children and Families--Refugee and Entrant
Assistance'' for carrying out section 462 of the Homeland Security Act
of 2002 and section 235 of William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008, $250,000,000 are hereby
rescinded.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2016''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (referred to in this Act as ``ESEA'') and section 418A of
the Higher Education Act of 1965 (referred to in this Act as ``HEA''),
$15,455,802,000, of which $4,575,641,000 shall become available on July
1, 2016, and shall remain available through September 30, 2017, and of
which $10,841,177,000 shall become available on October 1, 2016, and
shall remain available through September 30, 2017, for academic year
2016-2017: Provided, That $6,459,401,000 shall be for basic grants
under section 1124 of the ESEA: Provided further, That up to
$3,984,000 of these funds shall be available to the Secretary of
Education (referred to in this title as ``Secretary'') on October 1,
2015, to obtain annually updated local educational agency-level census
poverty data from the Bureau of the Census: Provided further, That
$1,362,301,000 shall be for concentration grants under section 1124A of
the ESEA: Provided further, That $3,369,050,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$3,369,050,000 shall be for education finance incentive grants under
section 1125A of the ESEA: Provided further, That funds available
under sections 1124, 1124A, 1125 and 1125A of the ESEA may be used to
provide homeless children and youths with services not ordinarily
provided to other students under those sections, including supporting
the liaison designated pursuant to section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act, and providing transportation
pursuant to section 722(g)(1)(J)(iii) of such Act: Provided further,
That $450,000,000 shall be available for school improvement grants
under section 1003(g) of the ESEA, which shall be allocated by the
Secretary through the formula described in section 1003(g)(2) and shall
be used consistent with the requirements of section 1003(g), except
that State and local educational agencies may use such funds to serve
any school eligible to receive assistance under part A of title I that
has not made adequate yearly progress for at least 2 years or is in the
State's lowest quintile of performance based on proficiency rates and,
in the case of secondary schools, priority shall be given to those
schools with graduation rates below 60 percent: Provided further, That
notwithstanding section 1003(g)(5)(C) of the ESEA, the Secretary may
permit a State educational agency to establish an award period of up to
5 years for each participating local educational agency: Provided
further, That funds available for school improvement grants for fiscal
year 2014 and thereafter may be used by a local educational agency to
implement a whole-school reform strategy for a school using an
evidence-based strategy that ensures whole-school reform is undertaken
in partnership with a strategy developer offering a whole-school reform
program that is based on at least a moderate level of evidence that the
program will have a statistically significant effect on student
outcomes, including at least one well-designed and well-implemented
experimental or quasi-experimental study: Provided further, That funds
available for school improvement grants may be used by a local
educational agency to implement an alternative State-determined school
improvement strategy that has been established by a State educational
agency with the approval of the Secretary: Provided further, That a
local educational agency that is determined to be eligible for services
under subpart 1 or 2 of part B of title VI of the ESEA may modify not
more than one element of a school improvement grant model: Provided
further, That notwithstanding section 1003(g)(5)(A), each State
educational agency may establish a maximum subgrant size of not more
than $2,000,000 for each participating school applicable to such funds:
Provided further, That the Secretary may reserve up to 5 percent of
the funds available for section 1003(g) of the ESEA to carry out
activities to build State and local educational agency capacity to
implement effectively the school improvement grants program: Provided
further, That $35,000,000 shall be for carrying out section 418A of the
HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the ESEA, $1,288,603,000,
of which $1,151,233,000 shall be for basic support payments under
section 8003(b), $48,316,000 shall be for payments for children with
disabilities under section 8003(d), $17,406,000 shall be for
construction under section 8007(b) and be available for obligation
through September 30, 2017, $66,813,000 shall be for Federal property
payments under section 8002, and $4,835,000, to remain available until
expended, shall be for facilities maintenance under section 8008:
Provided, That for purposes of computing the amount of a payment for an
eligible local educational agency under section 8003(a) for school year
2015-2016, children enrolled in a school of such agency that would
otherwise be eligible for payment under section 8003(a)(1)(B) of such
Act, but due to the deployment of both parents or legal guardians, or a
parent or legal guardian having sole custody of such children, or due
to the death of a military parent or legal guardian while on active
duty (so long as such children reside on Federal property as described
in section 8003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section, provided
such students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by parts
A and B of title II, part B of title IV, parts A and B of title VI, and
parts B and C of title VII of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical Assistance Act
of 2002; the Compact of Free Association Amendments Act of 2003; and
the Civil Rights Act of 1964, $4,134,746,000, of which $2,326,181,000
shall become available on July 1, 2016, and remain available through
September 30, 2017, and of which $1,681,441,000 shall become available
on October 1, 2016, and shall remain available through September 30,
2017, for academic year 2016-2017: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation, and modernization of any elementary school,
secondary school, or structure related to an elementary school or
secondary school, run by the Department of Education of the State of
Hawaii, that serves a predominantly Native Hawaiian student body:
Provided further, That funds made available to carry out part C of
title VII of the ESEA shall be awarded on a competitive basis, and also
may be used for construction: Provided further, That $40,000,000 shall
be available to carry out section 203 of the Educational Technical
Assistance Act of 2002 and the Secretary shall make such arrangements
as determined to be necessary to ensure that the Bureau of Indian
Education has access to services provided under this section: Provided
further, That $16,699,000 shall be available to carry out the
Supplemental Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided further,
That the Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That up to 5.0
percent of the funds for subpart 1 of part A of title II of the ESEA
shall be reserved by the Secretary for competitive awards for teacher
or principal recruitment and training or professional enhancement
activities, including for civic education instruction, to national not-
for-profit organizations, of which up to 8 percent may only be used for
research, dissemination, evaluation, and technical assistance for
competitive awards carried out under this proviso: Provided further,
That $141,299,000 shall be to carry out part B of title II of the ESEA.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the ESEA, $123,939,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I, part D
of title II, parts B, C, and D of title V of the ESEA, $694,616,000:
Provided, That $225,000,000 of the funds for subpart 1 of part D of
title V of the ESEA shall be for competitive grants to local
educational agencies, including charter schools that are local
educational agencies, or States, or partnerships of: (1) a local
educational agency, a State, or both; and (2) at least one nonprofit
organization to develop and implement performance-based compensation
systems for teachers, principals, and other personnel in high-need
schools: Provided further, That such performance-based compensation
systems must consider gains in student academic achievement as well as
classroom evaluations conducted multiple times during each school year
among other factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided further,
That recipients of such grants shall demonstrate that such performance-
based compensation systems are developed with the input of teachers and
school leaders in the schools and local educational agencies to be
served by the grant: Provided further, That recipients of such grants
may use such funds to develop or improve systems and tools (which may
be developed and used for the entire local educational agency or only
for schools served under the grant) that would enhance the quality and
success of the compensation system, such as high-quality teacher
evaluations and tools to measure growth in student achievement:
Provided further, That applications for such grants shall include a
plan to sustain financially the activities conducted and systems
developed under the grant once the grant period has expired: Provided
further, That up to 5 percent of such funds for competitive grants
shall be available for technical assistance, training, peer review of
applications, program outreach, and evaluation activities: Provided
further, That of the funds available for part B of title V of the ESEA,
the Secretary shall use up to $9,000,000 to carry out activities under
section 5205(b) and shall use not less than $13,000,000 for subpart 2:
Provided further, That of the funds available for subpart 1 of part B
of title V of the ESEA, and notwithstanding section 5205(a), the
Secretary shall reserve up to $85,000,000 to make multiple awards to
nonprofit charter management organizations and other entities that are
not for-profit entities for the replication and expansion of successful
charter school models and shall reserve not less than $11,000,000 to
carry out the activities described in section 5205(a), including
improving quality and oversight of charter schools and providing
technical assistance and grants to authorized public chartering
agencies in order to increase the number of high-performing charter
schools: Provided further, That funds available for part B of title V
of the ESEA may be used for grants that support preschool education in
charter schools: Provided further, That each application submitted
pursuant to section 5203(a) shall describe a plan to monitor and hold
accountable authorized public chartering agencies through such
activities as providing technical assistance or establishing a
professional development program, which may include evaluation,
planning, training, and systems development for staff of authorized
public chartering agencies to improve the capacity of such agencies in
the State to authorize, monitor, and hold accountable charter schools:
Provided further, That each application submitted pursuant to section
5203(a) shall contain assurances that State law, regulations, or other
policies require that: (1) each authorized charter school in the State
operate under a legally binding charter or performance contract between
itself and the school's authorized public chartering agency that
describes the rights and responsibilities of the school and the public
chartering agency; conduct annual, timely, and independent audits of
the school's financial statements that are filed with the school's
authorized public chartering agency; and demonstrate improved student
academic achievement; and (2) authorized public chartering agencies use
increases in student academic achievement for all groups of students
described in section 1111(b)(2)(C)(v) of the ESEA as one of the most
important factors when determining to renew or revoke a school's
charter.
Safe Schools and Citizenship Education
For carrying out activities authorized by part A of title IV and
subparts 1 and 2 of part D of title V of the ESEA, $120,314,000:
Provided, That $60,000,000 shall be available for subpart 2 of part A
of title IV, of which up to $5,000,000, to remain available until
expended, shall be for the Project School Emergency Response to
Violence (``Project SERV'') program to provide education-related
services to local educational agencies and institutions of higher
education in which the learning environment has been disrupted due to a
violent or traumatic crisis: Provided further, That $37,000,000 shall
be available through December 31, 2016 for Promise Neighborhoods.
English Language Acquisition
For carrying out part A of title III of the ESEA, $712,021,000,
which shall become available on July 1, 2016, and shall remain
available through September 30, 2017, except that 6.5 percent of such
amount shall be available on October 1, 2015, and shall remain
available through September 30, 2017, to carry out activities under
section 3111(c)(1)(C): Provided, That the Secretary shall use
estimates of the American Community Survey child counts for the most
recent 3-year period available to calculate allocations under such
part.
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$12,636,817,000, of which $3,131,259,000 shall become available on July
1, 2016, and shall remain available through September 30, 2017, and of
which $9,283,383,000 shall become available on October 1, 2016, and
shall remain available through September 30, 2017, for academic year
2016-2017: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2015, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2015: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611(d), from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso
to local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in calculating
the awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That, notwithstanding the
provision in section 612(a)(18)(B) regarding the fiscal year in which a
State's allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the Secretary may
apply the reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed five, until the entire
reduction is applied: Provided further, That the Secretary may, in any
fiscal year in which a State's allocation under section 611 is reduced
in accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section 611(d) in
the absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may be used
to provide technical assistance to States to improve the capacity of
the States to meet the data collection requirements of sections 616 and
618 and to administer and carry out other services and activities to
improve data collection, coordination, quality, and use under parts B
and C of the IDEA: Provided further, That the level of effort a local
educational agency must meet under section 613(a)(2)(A)(iii) of the
IDEA, in the year after it fails to maintain effort is the level of
effort that would have been required in the absence of that failure and
not the LEA's reduced level of expenditures: Provided further, That
the Secretary may use funds made available for the State Personnel
Development Grants program under part D, subpart 1 of IDEA to evaluate
program performance under such subpart.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,487,864,000, of which $3,391,770,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the Rehabilitation Act,
including activities aimed at improving the education and post-school
outcomes of children receiving Supplemental Security Income (``SSI'')
and their families that may result in long-term improvement in the SSI
child recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the funds to
other public and private, nonprofit entities: Provided further, That
any funds made available subsequent to reallotment for innovative
activities aimed at improving the outcomes of individuals with
disabilities shall remain available until September 30, 2017.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $24,931,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $69,016,000:
Provided, That from the total amount available, the Institute may at
its discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $120,275,000: Provided, That from the total amount available,
the University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 and the Adult
Education and Family Literacy Act (``AEFLA''), $1,669,731,000, of which
$878,731,000 shall become available on July 1, 2016, and shall remain
available through September 30, 2017, and of which $791,000,000 shall
become available on October 1, 2016, and shall remain available through
September 30, 2017: Provided, That of the amounts made available for
AEFLA, $7,712,000 shall be for national leadership activities under
section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,129,352,000, which shall remain available
through September 30, 2017.
The maximum Pell Grant for which a student shall be eligible during
award year 2016-2017 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,361,700,000, to remain available through
September 30, 2017: Provided, That the Secretary shall, no later than
December 31, 2015, allocate no less than 50 percent of new student loan
borrower accounts among eligible not-for-profit student loan servicers,
excluding those eligible as title IV additional servicers.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, and VII of the HEA, the Mutual Educational and Cultural
Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and
Technical Education Act of 2006, $1,783,510,000: Provided, That
notwithstanding any other provision of law, funds made available in
this Act to carry out title VI of the HEA and section 102(b)(6) of the
Mutual Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be used for
program evaluation, national outreach, and information dissemination
activities: Provided further, That up to 1.5 percent of the funds made
available under chapter 2 of subpart 2 of part A of title IV of the HEA
may be used for evaluation.
Howard University
For partial support of Howard University, $219,500,000, of which
not less than $3,350,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $19,096,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2017: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $303,593,000:
Provided further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities without
regard to the limitations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $562,978,000, which shall remain available through
September 30, 2017: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to further
develop such systems: Provided further, That up to $6,000,000 of the
funds available to carry out section 208 of the Educational Technical
Assistance Act may be used for awards to public or private
organizations or agencies to support activities to improve data
coordination, quality, and use at the local, State, and national
levels: Provided further, That $137,235,000 shall be for carrying out
activities authorized by the National Assessment of Educational
Progress Authorization Act.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $391,326,000, of which up to $1,000,000, to
remain available until expended, shall be for relocation of, and
renovation of buildings occupied by, Department staff.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $100,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $57,791,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 305. The Outlying Areas may consolidate funds received under
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the
ESEA.
Sec. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall
be applied by substituting ``2016'' for ``2009''.
Sec. 307. The Secretary, in consultation with the Director of the
Institute of Education Sciences, may reserve funds under section 9601
of the ESEA (subject to the limitations in subsections (b) and (c) of
that section) in order to carry out activities authorized under
paragraphs (1) and (2) of subsection (a) of that section with respect
to any ESEA program funded in this Act and without respect to the
source of funds for those activities: Provided, That high-quality
evaluations of ESEA programs shall be prioritized, before using funds
for any other evaluation activities: Provided further, That any funds
reserved under this section shall be available from July 1, 2016
through September 30, 2017: Provided further, That not later than 10
days prior to the initial obligation of funds reserved under this
section, the Secretary, in consultation with the Director, shall submit
an evaluation plan to the Senate Committees on Appropriations and
Health, Education, Labor, and Pensions and the House Committees on
Appropriations and Education and the Workforce which identifies the
source and amount of funds reserved under this section, the impact on
program grantees if funds are withheld, the programs to be evaluated
with such funds, how ESEA programs will be regularly evaluated, and how
findings from evaluations completed under this section will be widely
disseminated.
Sec. 308. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2016 or any prior fiscal year may use the
income from that fund to award scholarships to students, subject to the
limitation in section 331(c)(3)(B)(i) of the HEA. The use of such
income for such purposes, prior to the enactment of this Act, shall be
considered to have been an allowable use of that income, subject to
that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
(rescission)
Sec. 309. Of the unobligated balances available from Public Law
113-235 under the heading ``Student Financial Assistance'' for carrying
out subpart 1 of part A of title IV of the HEA, $300,000,000 are hereby
rescinded.
Sec. 310. None of the funds made available by this Act may be used
to--
(1) implement, administer, or enforce sections 600.10(c),
600.20(d), 668.6 and 668.7 of title 34, Code of Federal
Regulations (relating to gainful employment) as added or
amended by the final regulations published by the Department of
Education on October 31, 2014 (79 Fed. Reg. 64889 et seq.), or
promulgate any new regulation with respect to the definition or
application of the term ``gainful employment'' in the Higher
Education Act of 1965;
(2) implement, administer, or enforce sections 600.4(a)(3),
600.5(a)(4), 600.6(a)(3), 600.9, or 668.43(b) of title 34, Code
of Federal Regulations (relating to state authorization), as
added or amended by the final regulations published by the
Department of Education in the Federal Register on October 29,
2010 (75 Fed. Reg. 66832 et seq.) or promulgate any new
regulation with respect to the State authorization for
institutions of higher education to operate within a State;
(3) implement, administer, or enforce the definition of the
term ``credit hour'' in section 600.2 of title 34, Code of
Federal Regulations, as added by the final regulations
published by the Department of Education in the Federal
Register on October 29, 2010 (75 Fed. Reg. 66946) and clauses
(i)(A), (ii), and (iii) of subsection (k)(2) of section 668.8
of such title, as amended by such final regulations (75 Fed.
Reg. 66949 et seq.), or promulgate any new regulation with
respect to the definition of the term ``credit hour'' for any
purpose under the Higher Education Act;
(4) carry out, develop, refine, promulgate, publish,
implement, administer, or enforce a postsecondary institution
ratings system or any other performance system to rate
institutions of higher education (as defined in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002); or
(5) promulgate, implement, administer, or enforce the
proposed rule establishing a teacher preparation program
accountability system as published by the Department of
Education in the Federal Register on December 3, 2014 (79 Fed.
Reg. 71819 et seq.), or any new regulation with respect to a
teacher preparation program accountability system:
Provided, That this section shall no longer apply upon enactment of a
law that extends by not less than 2 fiscal years the authorization or
duration of one or more programs under the Higher Education Act of
1965.
Sec. 311. None of the funds in this Act may be used to (including
as a condition of any waiver provided under section 9401 of the ESEA)--
(1) mandate, direct, or control a State, local educational
agency, or school's curriculum, program of instruction,
instructional content, specific academic standards or
assessments;
(2) incentivize a State, local educational agency, or
school to adopt any specific instructional content, academic
standards, academic assessments, curriculum, or program of
instruction, including by providing any priority, preference,
or special consideration during the application process for any
grant, contract, or cooperative agreement that is based on the
adoption of any specific instructional content, academic
standards, academic assessments, curriculum, or program of
instruction; or
(3) make financial support available in a manner that is
conditioned upon a State, local educational agency, or school's
adoption of any specific instructional content, academic
standards, academic assessments, curriculum, or program of
instruction (such as the Common Core State Standards developed
under the Common Core State Standards Initiative, any other
standards common to a significant number of States, or any
specific assessment, instructional content, or curriculum
aligned to such standards).
Sec. 312. Career Pathways Programs.--
(1) Subsection (d) of section 484 of the HEA is amended by
replacing (d)(2) with the following:
``(2) Eligible career pathway program.--In this subsection,
the term `eligible career pathway program' means a program that
combines rigorous and high-quality education, training, and
other services that--
``(A) aligns with the skill needs of industries in
the economy of the State or regional economy involved;
``(B) prepares an individual to be successful in
any of a full range of secondary or postsecondary
education options, including apprenticeships registered
under the Act of August 16, 1937 (commonly known as the
`National Apprenticeship Act'; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.) (referred to individually in
this Act as an `apprenticeship', except in section
171);
``(C) includes counseling to support an individual
in achieving the individual's education and career
goals;
``(D) includes, as appropriate, education offered
concurrently with and in the same context as workforce
preparation activities and training for a specific
occupation or occupational cluster;
``(E) organizes education, training, and other
services to meet the particular needs of an individual
in a manner that accelerates the educational and career
advancement of the individual to the extent
practicable;
``(F) enables an individual to attain a secondary
school diploma or its recognized equivalent, and at
least 1 recognized postsecondary credential; and
``(G) helps an individual enter or advance within a
specific occupation or occupational cluster.''.
(2) Subsection (b) of section 401 of the HEA is amended by
striking the addition to (b)(2)(A)(ii) made by subsection
309(b) of division G of Public Law 113-235.
This title may be cited as the ``Department of Education
Appropriations Act, 2016''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established by Public Law 92-28,
$5,362,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $614,075,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(6), 501(a)(4)(C),
and 501(a)(4)(F) of the 1990 Act: Provided, That of the amounts
provided under this heading: (1) up to 1 percent of program grant funds
may be used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $16,038,000 shall be available to
provide assistance to State commissions on national and community
service, under section 126(a) of the 1990 Act and notwithstanding
section 501(a)(5)(B) of the 1990 Act; (3) $30,000,000 shall be
available to carry out subtitle E of the 1990 Act; and (4) $3,800,000
shall be available for expenses authorized under section 501(a)(4)(F)
of the 1990 Act, which, notwithstanding the provisions of section 198P
shall be awarded by CNCS on a competitive basis: Provided further,
That for the purposes of carrying out the 1990 Act, satisfying the
requirements in section 122(c)(1)(D) may include a determination of
need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $145,000,000, to remain
available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ``Operating Expenses'' allocated
to grants under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $80,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,250,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2016, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement
of 24 percent for the first 3 years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA''); and
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''),
as authorized by the Communications Act of 1934, an amount which shall
be available within limitations specified by that Act, for the fiscal
year 2018, $445,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds made available to
CPB by this Act shall be available or used to aid or support any
program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply any
political test or qualification in selecting, appointing, promoting, or
taking any other personnel action with respect to officers, agents, and
employees of CPB: Provided further, That none of the funds made
available to CPB by this Act shall be used to support the Television
Future Fund or any similar purpose: Provided further, That
notwithstanding any other provision of law, from amounts appropriated
under the Consolidated Appropriations Act, 2014 (Public Law 113-76) for
the Corporation for Public Broadcasting for fiscal year 2016, not to
exceed $40,000,000 may be available for allocation to provide funding
for the first phase of the multi-year project to replace and upgrade
the public television interconnection system without altering the
percentages of funds made available for allocation pursuant to
subclause (II) of section 396(k)(3)(A)(i) of the Communications Act of
1934 (47 U.S.C. 396(k)(3)(A)(i)) from the total of such amounts and
without altering the percentages of funds made available for allocation
pursuant to subclause (I), subclause (III) and subclause (IV) of that
section of that Act from any remaining amounts.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$47,823,000, including up to $400,000 to remain available through
September 30, 2017, for activities authorized by the Labor-Management
Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the
Director of the Service is authorized to accept and use on behalf of
the United States gifts of services and real, personal, or other
property in the aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $15,950,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$227,860,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $7,250,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,100,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,075,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $246,802,000: Provided, That no part of
this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
administrative provision
Sec. 406. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be
used to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in
an election to determine a representative for the purposes of
collective bargaining.
Sec. 407. None of the funds made available by this Act may be used
to implement or enforce any rule amending parts 101, 102, and 103 of
title 29, Code of Federal Regulations (relating to the filing and
processing of petitions pursuant to the representation of employees for
the purposes of collective bargaining with their employer), including
the final rule published by the National Labor Relations Board in the
Federal Register on December 15, 2014 (79 Fed. Reg. 74308).
Sec. 408. None of the funds in this or any other Act making
appropriations for the National Labor Relations Board or any other
Federal Agencies shall be used to investigate, issue, enforce or
litigate any administrative directive, regulation, representation issue
or unfair labor practice proceeding or any other administrative
complaint, charge, claim or proceeding that would change the
interpretation or application of a standard to determine whether
entities are ``joint employers'' in effect as of January 1, 2014. As
established in TLI, Inc. 271 NLRB 798 (1984) enforced 772 F.2d 894 (3d
Cir. 1985), Airborne Express, 338 NLRB 597 (2002), and The Southland
Corporation dba Speedee 7-Eleven, 170 NLRB 1332 (1968), a ``joint
employer'' under the National Labor Relations Act as of January 1, 2014
is defined as two or more separate and independent business entities
where one entity directly and immediately controls the essential terms
and conditions of employment of the other entity's employees, including
hiring, firing, discipline, supervision and direction.
Sec. 409. None of the funds in this Act may be used to implement,
create, apply or enforce through prosecution, adjudication, rulemaking,
or the issuing of any interpretation, opinion, certification, decision
or policy, any standard for initial bargaining unit determinations that
conflicts with the standard articulated in the majority opinion in
Wheeling Island Gaming Inc. and United Food and Commercial Workers
International Union, Local 23, 355 NLRB 127 (August 27, 2010)
(including but not limited to the majority opinion in footnote 2),
except for unit determinations currently governed by NLRB rule section
103.30 for employers currently covered by such rules. Further, no funds
in this Act shall be used to implement, create, apply or enforce
through prosecution, adjudication, rulemaking, or the issuing of any
interpretation, opinion, certification, decision or policy, any
standard for initial bargaining unit determinations that utilize the
overwhelming community of interest test except in accretion cases.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$12,600,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $11,100,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $29,000,000,
which shall include amounts becoming available in fiscal year 2016
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds the amount
available for payment of vested dual benefits: Provided, That the
total amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2017, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $111,225,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $8,437,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m), 217(g), 228(g), and 1131(b)(2) of the Social Security
Act, $20,400,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$46,110,777,000, to remain available until expended: Provided, That
any portion of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $101,000,000 shall
be available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2018.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2017, $14,500,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $10,044,945,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,300,000 shall be for the Social Security Advisory
Board: Provided further, That $11,900,000 may be used for necessary
expenses for the planning and design of the renovation and
modernization of SSA facilities, to remain available until expended:
Provided further, That unobligated balances of funds provided under
this paragraph at the end of fiscal year 2016 not needed for fiscal
year 2016 shall remain available until expended to invest in the Social
Security Administration information technology and telecommunications
hardware and software infrastructure, including related equipment and
non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided
further, That the Commissioner of Social Security shall notify the
Committees on Appropriations of the House of Representatives and the
Senate prior to making unobligated balances available under the
authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for expenditures
for official time for employees of the Social Security Administration
pursuant to 5 U.S.C. 7131, and for facilities or support services for
labor organizations pursuant to policies, regulations, or procedures
referred to in section 7135(b) of such title shall be made by the
Secretary of the Treasury, with interest, from amounts in the general
fund not otherwise appropriated, as soon as possible after such
expenditures are made.
In addition, for the costs associated with continuing disability
reviews under titles II and XVI of the Social Security Act and for the
cost associated with conducting redeterminations of eligibility under
title XVI of the Social Security Act, $1,439,000,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That, of
such amount, $273,000,000 is provided to meet the terms of section
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $1,166,000,000 is additional new
budget authority specified for purposes of section 251(b)(2)(B) of such
Act: Provided further, That the Commissioner shall provide to the
Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $136,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2016
exceed $136,000,000, the amounts shall be available in fiscal year 2017
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$28,829,000, together with not to exceed $74,521,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that
government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of,
a unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation
is enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2016, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2016, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2016 that are different than those
specified in this Act, the accompanying detailed table in the report
accompanying this Act, or the fiscal year 2016 budget request.
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000 in value and awarded by the Department on
a non-competitive basis during each quarter of fiscal year 2016, but
not to include grants awarded on a formula basis or directed by law.
Such report shall include the name of the contractor or grantee, the
amount of funding, the governmental purpose, including a justification
for issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds for
elements of a program other than making such purchases if the relevant
State or local health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk for, a
significant increase in hepatitis infections or an HIV outbreak due to
injection drug use, and such program is operating in accordance with
State and local law.
Sec. 521. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 522. None of the funds made available under this or any other
Act, or any prior Appropriations Act, may be provided to the
Association of Community Organizations for Reform Now (``ACORN''), or
any of its affiliates, subsidiaries, allied organizations, or
successors.
Sec. 523. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 524. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 525. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall--
(1) be designed to improve outcomes for disconnected youth;
(2) include communities that have recently experienced
civil unrest; and
(3) involve Federal programs targeted on disconnected
youth, or designed to prevent youth from disconnecting from
school or work, that provide education, training, employment,
and other related social services. Such Pilots shall be
governed by the provisions of section 526 of division H of
Public Law 113-76, except that in carrying out such Pilots
section 526 shall be applied by substituting ``Fiscal Year
2016'' for ``Fiscal Year 2014'' in the title of subsection (b)
and by substituting ``September 30, 2020'' for ``September 30,
2018'' each place it appears.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, and section
524 of division G of Public Law 113-235: Provided, That new pilots
that are being carried out with discretionary funds made available in
division G of Public Law 113-25 shall include communities that have
recently experienced civil unrest.
Sec. 526. Not later than 30 days after the end of each calendar
quarter, beginning with the first quarter of fiscal year 2013, the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a quarterly
report on the status of balances of appropriations: Provided, That for
balances that are unobligated and uncommitted, committed, and obligated
but unexpended, the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation (beginning
with fiscal year 2012, or, to the extent feasible, earlier fiscal
years) from which balances were derived.
Sec. 527. Section 2812(d)(2) of the Public Health Service Act (42
U.S.C. 300hh-11(d)(2)) is amended--
(1) by redesignating the three sentences as subparagraphs
(A), (B), and (C), respectively, and indenting accordingly;
(2) in subparagraph (A), as so redesignated, by striking
``An'' and inserting ``In general.--An'';
(3) in subparagraph (B), as so redesignated, by striking
``With'' and inserting ``Application to training programs.--
With'';
(4) in subparagraph (C), as so redesignated, by striking
``In'' and inserting ``Responsibility of labor secretary.--
In''; and
(5) by adding at the end the following new subparagraphs:
``(D) Computation of pay.--In the event of an
injury to such an intermittent disaster response
appointee, the position of the employee shall be deemed
to be `one which would have afforded employment for
substantially a whole year', for purposes of section
8114(d)(2) of such title.
``(E) Continuation of pay.--The weekly pay of such
an employee shall be deemed to be the hourly pay in
effect on the date of the injury multiplied by 40, for
purposes of computing benefits under section 8118 of
such title.''.
Sec. 528. None of the funds in this Act may be obligated or
expended in contravention of 8 U.S.C. 1183a.
(rescission)
Sec. 529. Of the funds made available for fiscal year 2016 under
section 3403 of Public Law 111-148, $15,000,000 are hereby rescinded.
(rescission)
Sec. 530. Of the funds made available for the Consumer Operated
and Oriented Plans under section 1322 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18042), $18,000,000 are hereby
rescinded.
(rescission)
Sec. 531. Amounts deposited or available in the Child Enrollment
Contingency Fund from appropriations to the Fund under section
2104(n)(2)(A)(i) of the Social Security Act and the income derived from
investment of those funds pursuant to 2104(n)(2)(C) of that Act, shall
not be available for obligation in this fiscal year.
(rescission)
Sec. 532. Of any available amounts appropriated under section 108
of Public Law 111-3, as amended, $3,970,478,000 are hereby rescinded.
(rescission)
Sec. 533. Of the unobligated balances available from the Community
Health Center Fund in prior fiscal years, $190,000,000 are hereby
rescinded.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2016''.
Calendar No. 251
114th CONGRESS
1st Session
S. 2132
_______________________________________________________________________
A BILL
Making appropriations for financial services and general government,
Department of the Interior, environment, and Departments of Labor,
Health and Human Services, and Education, and related programs for the
fiscal year ending September 30, 2016, and for other purposes.
_______________________________________________________________________
October 6, 2015
Read the second time and placed on the calendar