[Congressional Record (Bound Edition), Volume 160 (2014), Part 8]
[House]
[Pages 11947-11948]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 5016

                        Offered By: Mr. Fleming

       Amendment No. 1: At the end of the bill (before the short 
     title), insert the following:
       Sec. __.  None of the funds made available by this Act may 
     be used to implement guidance FIN-2014-G001 (relating to BSA 
     Expectations Regarding Marijuana-Related Businesses) issued 
     on February 14, 2014.

                               H.R. 5016

                         Offered By: Mr. Meehan

       Amendment No. 2: At the end of the bill, before the short 
     title, insert the following:
       Sec. ___.  None of the funds made available in this Act may 
     be used to modify or rebuild any portion of the White House 
     bowling alley, including using phenolic synthetic material.

                               H.R. 5016

                        Offered By: Mr. Capuano

       Amendment No. 3: Page 104, beginning on line 22, strike 
     section 626.

                               H.R. 5016

                         Offered By: Mr. Bachus

       Amendment No. 4: At the end of the bill (before the short 
     title), insert the following:
       Sec. __.  None of the funds made available by this Act may 
     be used to reinstall the Red Mountain sculpture on the plaza 
     of the Hugo Black Courthouse in Birmingham, Alabama.

                               H.R. 5016

                        Offered By: Mr. Sessions

       Amendment No. 5: Page 2, line 17, after the dollar amount, 
     insert ``(reduced by $1,750,000)''.
       Page 152, line 15, after the dollar amount, insert 
     ``(increased by $1,750,000)''.

                               H.R. 5016

                    Offered By: Mr. Price of Georgia

       Amendment No. 6: At the end of the bill (before the short 
     title), insert the following:

[[Page 11948]]

       Sec. __.  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).

                               H.R. 5016

                         Offered By: Mr. Lynch

       Amendment No. 7: Page 5, line 22, after the dollar amount, 
     insert ``(increased by $3,339,000)''.
       Page 67, line 16, after the dollar amount, insert 
     ``(reduced by $3,339,000)''.
       Page 68, line 10, after the dollar amount, insert 
     ``(reduced by $1,669,500)''.
       Page 68, line 15, after the dollar amount, insert 
     ``(reduced by $1,669,500)''.
       Page 71, line 3, after the dollar amount, insert ``(reduced 
     by $1,669,500)''.

                               H.R. 5016

                         Offered By: Ms. Waters

       Amendment No. 8: Page 85, line 19, insert after the dollar 
     amount insert the following: ``(increased by $300,000,000)''.
       Page 86, line 16, insert after the dollar amount insert the 
     following: ``(increased by $300,000,000)''.

                               H.R. 5016

                         Offered By: Ms. Waters

       Amendment No. 9: Page 104, after line 21, insert the 
     following:
       Sec. __.  Section 204 of the Investment Advisers Act of 
     1940 (15 U.S.C. 80b-4) is amended by adding at the end the 
     following new subsection:
       ``(e) Inspection and Examination Fees.--
       ``(1) In general.--The Commission shall collect an annual 
     fee from investment advisers that are subject to inspection 
     or examination by the Commission under this title to defray 
     the cost of such inspections and examinations.
       ``(2) Exemptions for certain state-regulated investment 
     advisers.--No fees shall be collected under this subsection 
     from any investment adviser that is prohibited from 
     registering with the Commission under section 203 by reason 
     of section 203A.
       ``(3) Fee amounts.--
       ``(A) Amount to be collected.--
       ``(i) In general.--The Commission shall seek to ensure that 
     the aggregate amount of fees collected under this subsection 
     with respect to a specific fiscal year are equal to the 
     estimated cost of the Commission in carrying out additional 
     inspections and examinations for such fiscal year.
       ``(ii) Additional inspections and examinations defined.--
     For purposes of this subparagraph and with respect to a 
     fiscal year, the term `additional inspections and 
     examinations' means those inspections and examinations of 
     investment advisers under this title for such fiscal year 
     that exceed the number of inspections and examinations of 
     investment advisers under this title conducted during fiscal 
     year 2012.
       ``(B) Fee calculation formula.--The Commission shall 
     establish by rulemaking a formula for determining the fee 
     amount to be assessed against individual investment advisers, 
     which shall take into account the following factors:
       ``(i) The anticipated costs of conducting inspections and 
     examinations of investment advisers under this title, 
     including the anticipated frequency of such inspections and 
     examinations.
       ``(ii) The investment adviser's size, including the assets 
     under management of the investment adviser.
       ``(iii) The number and type of clients of the investment 
     adviser, and the extent to which the adviser's clients pay 
     other fees established by the Commission, including 
     registration and transaction fees.
       ``(iv) Such other objective factors, such as risk 
     characteristics, as the Commission determines to be 
     appropriate.
       ``(C) Adjustment of formula.--Prior to the end of each 
     fiscal year, the Commission shall review the fee calculation 
     formula and, if, after allowing for a period of public 
     comment, the Commission determines that the formula needs to 
     be revised, the Commission shall revise such formula before 
     fees are assessed for the following fiscal year.
       ``(4) Public disclosures.--The Commission shall make the 
     following information publicly available, including on the 
     Web site of the Commission:
       ``(A) The formula used to determine the fee amount to be 
     assessed against individual investment advisers, and any 
     adjustment made to such formula.
       ``(B) The factors used to determine such formula, including 
     any additional objective factors used by the Commission 
     pursuant to paragraph (3)(B)(iv).
       ``(5) Audit.--
       ``(A) In general.--The Comptroller General of the United 
     States shall, every 2 years, conduct an audit of the use of 
     the fees collected by the Commission under this subsection, 
     the reviews of the formula used to calculate such fees, and 
     any adjustments made by the Commission to such formula.
       ``(B) Report.--After conducting each audit required under 
     subparagraph (A), the Comptroller General shall issue a 
     report on such audit to the Committee on Financial Services 
     of the House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate.
       ``(6) Treatment of fees.--
       ``(A) In general.--Funds derived from fees assessed under 
     this subsection shall be available to the Commission, without 
     further appropriation or fiscal year limitation, to pay any 
     costs associated with inspecting and examining investment 
     advisers that are subject to inspection and examination under 
     this title.
       ``(B) Funds not public funds.--Funds derived from fees 
     assessed under this subsection shall not be construed to be 
     Government or public funds or appropriated money. 
     Notwithstanding any other provision of law, funds derived 
     from fees assessed under this subsection shall not be subject 
     to apportionment for the purpose of chapter 15 of title 31, 
     United States Code, or under any other authority.
       ``(C) Funds supplemental to other amounts.--Funds derived 
     from fees assessed under this subsection shall supplement, 
     and be in addition to, any other amounts available to the 
     Commission, under a regular appropriation or otherwise, for 
     the purpose described in subparagraph (A).''.