[House Report 118-145]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-145
_______________________________________________________________________
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2024
----------
R E P O R T
of the
COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES
together with
DISSENTING VIEWS
[to accompany h.r. 4664]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 17, 2023.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-145
_______________________________________________________________________
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2024
__________
R E P O R T
of the
COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES
together with
DISSENTING VIEWS
[to accompany h.r. 4664]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 17, 2023.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
52-870 WASHINGTON : 2023
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-145
======================================================================
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2024
_______
July 17, 2023.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Womack, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4664]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for Financial Services and General Government
for the fiscal year ending September 30, 2024.
INDEX TO BILL AND REPORT
Page Number
Bill Report
Title I--Department of the Treasury........................ 2
5
Title II--Executive Office of the President and Funds
Appropriated to the President.......................... 33
21
Title III--The Judiciary................................... 51
31
Title IV--District of Columbia............................. 61
36
Title V--Independent Agencies.............................. 73
40
Administrative Conference of the United States..... 73
40
Consumer Financial Protection Bureau............... 73
41
Consumer Product Safety Commission................. 89
41
Election Assistance Commission..................... 91
42
Federal Communications Commission.................. 91
43
Federal Deposit Insurance Corporation.............. 94
46
Federal Election Commission........................ 94
46
Federal Labor Relations Authority.................. 94
47
Federal Permitting Improvement Steering Council.... 95
47
Federal Trade Commission........................... 95
47
General Services Administration.................... 98
50
Harry S Truman Scholarship Foundation.............. 110
61
Merit Systems Protection Board..................... 111
61
Morris K. Udall and Stewart L. Udall Foundation.... 111
62
National Archives and Records Administration....... 113
63
National Credit Union Administration............... 114
65
Office of Government Ethics........................ 114
65
Office of Personnel Management..................... 115
66
Office of Special Counsel.......................... 118
68
Privacy and Civil Liberties Oversight Board........ 119
69
Public Buildings Reform Board...................... 119
69
Securities and Exchange Commission................. 119
69
Selective Service System........................... 125
72
Small Business Administration...................... 125
72
United States Postal Service....................... 132
77
United States Tax Court............................ 133
80
Title VI--General Provisions--This Act..................... 135
81
Title VII--General Provisions--Government-wide:
Departments, Agencies, and Corporations................ 156
84
Title VIII--General Provisions, District of Columbia....... 202
88
Title IX--Additional General Provisions.................... 217
90
House of Representatives Report Requirements...............
90
Introduction
The fiscal year 2024 allocation is $11,311,000,000 in
addition to $14,013,000,000 in reallocated funds, for a
discretionary spending total of $25,324,000,000. This is
$1,867,300,000 below the fiscal year 2023 enacted level and
$6,232,084,000 below the President's budget request for fiscal
year 2024.
The Committee report refers to certain organizations,
offices, and institutions as follows: the Government
Accountability Office as GAO; the Office of Management and
Budget as OMB; the Office of Personnel Management as OPM; the
Internal Revenue Service as IRS; the General Services
Administration as GSA; and full-time equivalent as FTE.
References to ``the Committee'' means the Committee on
Appropriations of the House of Representatives, unless
otherwise noted. In addition, any reference to the ``budget
request'' or ``the request'' should be interpreted to mean the
Budget of the U.S. Government, fiscal year 2024, that was
submitted to Congress on March 9, 2023.
Highlights of the Bill
The Financial Services and General Government bill has
jurisdiction over a broad and varied range of government
functions and services encompassing both the Executive and
Judicial branches. These appropriations support the Department
of the Treasury, the Executive Office of the President, Federal
Payments to the District of Columbia, and the Federal
Judiciary. The bill also provides resources for over a dozen
independent agencies and commissions, each of which serves the
public with a distinct mission.
The fiscal year 2024 FSGG bill promotes fiscal
responsibility by reducing non-defense discretionary levels,
rescinding unobligated Inflation Reduction Act (IRA) funding,
bringing oversight to the Consumer Financial Protection Bureau
and reducing spending in unauthorized programs.
Oversight and Management
The Committee strongly believes in the need for careful
oversight of government expenditure of taxpayer dollars and is
committed to providing the necessary oversight to reduce waste,
fraud, and inefficiency in the operations and programs funded
by the Financial Services and General Government bill.
To this end, the Committee does not support the
administration's request to fund climate change initiatives,
staff diversity and inclusion offices, train Federal employees
on critical race theory, expand agencies' regulatory agendas,
and buy a Federal fleet of electric vehicles. The Committee
strongly believes agencies under its jurisdiction should
maintain focus on assisting small businesses, providing high
levels of customer service, investing in rural and low-income
communities, countering illicit finance, cyber threats, and
fentanyl trafficking, and maintaining a strong judicial system.
Within 30 days of enactment of this Act, the Committee
requires Federal agencies to reinstate and apply their pre-
pandemic telework policies, practices, and levels in effect as
of December 31, 2019, or they cannot obligate or expend funding
for fiscal year 2024. The FSGG bill provides increases for
agencies' relocation, building improvements, rental payments,
and critical infrastructure, and therefore expects employees to
return to the office to provide value to the American taypayer.
The Committee includes a provision requiring OMB to remind
all Federal agencies of the compliance obligations detailed in
title VII of this Act.
Reprogramming and Operating Plan Procedures
Section 608 and Section 739 of this Act detail department
and agency responsibilities and procedures relating to
reprogramming of funds among programs, projects, and
activities. Each department and agency funded in this Act shall
follow the directions set forth in this Act and its
accompanying report and shall not reallocate resources or
reorganize activities except as provided herein. The Committee
expects that agencies or entities that fulfill the requirements
of Section 608 will also be in compliance with the requirements
of Section 739.
Section 608 requires agencies and entities funded by this
Act to receive prior approval from the Committees on
Appropriations of the House of Representatives and the Senate
for any 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 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. In addition, prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations.
Not later than 60 days after the date of enactment of this
Act, each agency shall submit a report to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2024. The amount appropriated for
agencies shall be reduced by $100,000 per day for each day
after the required date that the report has not been submitted
to the Committees.
Reprogramming procedures shall apply to funds provided in
this bill, unobligated balances from previous appropriations
Acts that are available for obligation or expenditure in fiscal
year 2024, and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2024.
To assess a reprogramming request, the Committee requires
the following information, at minimum: a thorough justification
for the reprogramming, the impact of the reprogramming on
budget requirements for future fiscal years, and the impact of
the reprogramming on carryover funding. These requirements also
apply to significant reorganizations or restructurings of
programs, projects, or activities, even if such a
reorganization or restructuring does not involve reprogramming
of funding. The Committee also expects prompt notification of
any reprogramming that does not meet the above criteria but
might have significant impacts on budgetary requirements for
future fiscal years.
The Committee directs that, for purposes of this report and
the Act, the term ``consult'' means a pre-decisional engagement
between a relevant Federal agency and the Committee during
which the Committee is provided a meaningful opportunity to
provide facts and opinions to inform: (1) the use of funds; (2)
the development, content, or conduct of a program or activity;
or (3) a decision to be taken.
Except in emergency situations, reprogramming requests
should be submitted no later than June 30, 2024. Moreover, the
Committee notes that when an agency or entity submits a
reprogramming or transfer request to the Committees on
Appropriations and does not receive identical responses from
the House and Senate, it is the responsibility of the
Department or agency to reconcile the House and Senate
differences before proceeding and, if reconciliation is not
possible, to consider the request to reprogram funds
unapproved.
Other Matters and Directives
Reports.--The Committee stresses that all reports are
required to be completed in compliance with the timeframe
outlined for each respective directive. Furthermore, the
Committee expects that the specifications and conditions
associated with funding appropriated by this Act shall be
accomplished in the manner as directed in the report.
Budget Justifications.--Budget justifications are the
primary tool used by the Committees on Appropriations to
evaluate the resource requirements and fiscal needs of
agencies. The Committee is aware that the format and
presentation of budget materials is largely left to the agency
within presentation objectives set forth by OMB. In fact, OMB
Circular A-11, part 1 specifically instructs agencies to
consult with Congressional committees beforehand. The Committee
expects that all agencies funded under this Act will heed this
directive.
The Committee continues the direction that justifications
submitted with the fiscal year 2025 budget request by agencies
funded under this Act contain the customary level of detailed
data and explanatory statements to support the appropriations
requests at the level of detail contained in the funding table
included at the end of this report. Among other items, agencies
shall provide a detailed discussion of proposed new
initiatives, proposed changes in the agency's financial plan
from prior year enactment, detailed data on all programs, and
comprehensive information on any office or agency
restructurings. At a minimum, each agency must also provide
adequate justification for funding and staffing changes for
each individual office and materials that compare programs,
projects, and activities that are proposed for fiscal year 2025
to the fiscal year 2024 enacted levels.
American Flag Purchases.--The Committee once again urges
all Federal agencies to only purchase flags that contain 100
percent American-made materials even though the All American
Flag Act requires the Federal Government to purchase flags made
of only 50 percent American-made materials.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $273,882,000
Budget request, fiscal year 2024...................... 332,199,000
Recommended in the bill............................... 248,109,000
Bill compared with:
Appropriation, fiscal year 2023................... -25,773,000
Budget request, fiscal year 2024.................. -84,090,000
The Departmental Offices support the Secretary of the
Treasury as the chief operating executive of the Department and
in their role in determining the tax, economic, and financial
management policies of the Federal Government. The Secretary's
responsibilities funded by the Salaries and Expenses
appropriation include: recommending and implementing domestic
and international economic and tax policy; providing
recommendations regarding fiscal policy; governing the fiscal
operations of the government; managing the public debt;
managing development of financial policy; representing the U.S.
on international monetary, trade, and investment issues;
overseeing Treasury Department international operations;
directing the administrative operations of the Treasury
Department; and providing executive oversight of the bureaus
within the Treasury Department.
COMMITTEE RECOMMENDATION
The Committee recommends $248,109,000 for Departmental
Offices, Salaries and Expenses.
Treasury Forfeiture Fund.--The Department is directed to
continue to submit a detailed table each month reporting the
interest earned, forfeiture revenue collected, unobligated
balances, recoveries, expenses to date, and expenses estimated
for the remainder of the fiscal year.
Financial Literacy for Students.--The Committee is
encouraged by the Department's work to help promote financial
literacy, particularly among the school-age population. As of
January 2023, 33 states have a high-school personal finance
requirement. The Committee strongly encourages the Department
to partner with entities offering financial literacy programs,
where appropriate, to broaden the scope of the Financial
Literacy Education Commission to reach more students to
encourage economic inclusion and lasting financial resilience.
Cybersecurity in the Financial Services Sector.--The
Committee encourages the Office of Cybersecurity and Critical
Infrastructure Protection (OCCIP) to improve resilience to
cyberattacks by expanding risk assessment and mitigation
capabilities as a part of its role as a Sector Risk Management
Agency. OCCIP is further encouraged to engage in efforts to map
third-party dependencies in the financial sector, provide
analysis of domestic and international cybersecurity threats
and vulnerabilities, and support bilateral and multilateral
engagement on financial sector cybersecurity in strategically
important regions, including Eastern Europe and East Asia.
Outbound Investment.--In fiscal year 2023, the Department
established a program to address national security concerns
arising from outbound investments from the United States into
advanced technologies that are critical to U.S. national
security. The Department realigned $7,000,000 from the
Committee on Foreign Investment in the United States to
implement and administer the program. The Committee looks
forward to an update on its progress and the timing of final
policy determinations, including an opportunity for public
comment.
Relation of Government Sponsored Enterprise Charters and
Senior Preferred Stock Purchase Agreements.--The Committee is
aware of concerns regarding the Federal National Mortgage
Association and Federal Home Loan Mortgage Corporation's
efforts to develop new activities and operations beyond the
authorities vested in their charter, including a pilot program
to serve as a title insurer by self-insuring title-related
risks. The Committee believes that the terms of the Senior
Preferred Stock Purchase Agreements that provide ongoing
capital support for the government sponsored enterprises should
be construed to restrict the activities of the Government
Sponsored Entities to their core mission under the Charter Acts
and that deviation from these missions such as by serving as a
title insurer could carry unreasonable risks for home buyers
and to the Department of Treasury's rights under the Senior
Preferred Stock Purchase Agreements. Therefore, the Committee
directs the Department within 120 days to provide a report to
the Committee outlining any pilots, initiatives or other
proposals shared with mortgage originators by the Government
Sponsored Enterprises from fiscal year 2022 to present.
Further, the Committee encourages the Department to address the
issue of the Government Sponsored Entities undertaking actions
that expand activities beyond the core secondary market
activities outlined in the Charter Acts.
COVID-19 Expenditure Report.--The Committee remains
concerned regarding the expenditure of COVID-19 relief money
appropriated and directs the Department within 60 days of
enactment of this Act to provide a COVID-19 expenditure report
to the Committee.
U.S. Dollar Dominance.--The Committee is concerned by
recent data showing the decline in global reserves of the
United States dollar. The Department is directed to brief the
Committee within 60 days of enactment of this Act on the steps
the Department is taking to ensure the dominance of the U.S.
dollar as the world reserve currency in the future.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2023....................... $21,000,000
Budget request, fiscal year 2024...................... 21,000,000
Recommended in the bill............................... 21,000,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. - - -
The Committee on Foreign Investment in the United States
(CFIUS) was established in 1975 to monitor the impact of
foreign investment in the United States and to coordinate and
implement Federal policy on such investment. The Foreign
Investment Risk Review Modernization Act of 2018 (FIRRMA)
expanded the jurisdiction of CFIUS to address growing national
security concerns over foreign exploitation of certain national
security structures that traditionally have fallen outside of
the Committee's jurisdiction, and modernized CFIUS processes to
better enable timely and effective reviews of covered
transactions. FIRRMA also established the CFIUS Fund to support
these expanded functions and responsibilities, and to collect
filing fees.
COMMITTEE RECOMMENDATION
The Committee recommends $21,000,000 for the CFIUS Fund. In
addition, $25,570,000 is included under the Salaries and
Expenses appropriation for CFIUS activities.
Spending Plan.--The Department is directed to provide a
detailed accounting of planned expenditures of the Department
and member agencies prior to obligating or transferring amounts
available in the CFIUS Fund. The Committee expects funding
provided to be used for CFIUS program activities in fiscal year
2024.
CFIUS Member Agencies.--Given the significant rise in CFIUS
case volume and the corresponding analysis required by CFIUS
Committee members, CFIUS is directed to submit to the Committee
the number of non-career, political appointees responsible for
CFIUS work across the nine voting member agencies and a
detailed description of the transfer of funds to each member
agency.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $216,059,000
Budget request, fiscal year 2024...................... 244,000,000
Recommended in the bill............................... 206,842,000
Bill compared with:
Appropriation, fiscal year 2023................... -9,217,000
Budget request, fiscal year 2024.................. -37,158,000
Economic and trade sanctions issued and enforced by the
Office of Terrorism and Financial Intelligence's (TFI) Office
of Foreign Assets Control (OFAC) protect the financial system
from being polluted with criminal and illicit activities and
counteract national security threats from drug lords,
terrorists, human rights abusers, weapons of mass destruction
proliferators, and rogue nations, among others. In addition to
the enforcement of sanctions, TFI also produces vital analysis
of foreign intelligence and counterintelligence across all
elements of the national security community.
COMMITTEE RECOMMENDATION
The Committee recommends $206,842,000 for TFI.
Terrorist Destruction of Energy Facilities in Central
America.--The Committee is concerned that widespread theft of
electricity and illegal connections to the grid, particularly
in Guatemala, directly undermine the function and cause
significant interruption of the electric grid in communities
from which many Central American migrants originate. While the
Biden Administration's Strategy for Addressing the Root Causes
of Migration in Central America pledges to support distributed
generation, increased electricity reliability, and grid
sustainability, the Administration has done nothing to address
this illegal activity that also degrades citizen security and
drives migration. Financial sanctions are a key tool for
asserting U.S. policy by depriving criminals of access to the
international financial system to move their illicit proceeds.
The Committee directs OFAC to investigate and submit a
preliminary report, not later than 90 days after enactment of
this Act, on individuals and entities involved in or providing
material support to those causing a significant interruption or
impairment of a function of an energy facility involved in the
transmission or distribution of electricity in Guatemala. A
final report shall be submitted not less than 180 days after
enactment of this Act.
Strengthening Sanctions Enforcement.--The Secretary of the
Treasury shall consult with the House and Senate Committees on
Appropriations regarding ways to increase sanctions enforcement
through the OFAC, including assessment of incentives that might
encourage greater penalty collection, and what methods are
likely to raise revenue for the Department.
Russian Sanctions.--The Committee is concerned that high-
ranking Russian officials and oligarchs are evading sanctions
by transferring assets to family members, thereby weakening the
sanctions regime on those responsible for Russia's continued
aggression in Ukraine and human rights abuses. The Committee
urges OFAC to review the transfer of Russian assets and apply
sanctions to personal relatives where appropriate. Such
sanctions should be tied to gross human rights abuses such as
illegal detainment of prisoners of war and other freedom-
fighters.
Report on Illicit Finance in the Northern Triangle.--The
Committee is alarmed by reports of significant financial crimes
in the Northern Triangle that are impacting U.S. national
security, and directs the Department, including TFI to
prioritize combatting illicit finance in the region. The
Department shall carry out a study on the extent and effect of
illicit finance risk relating to the Governments of the
Northern Triangle and Northern Triangle firms, including
financial institutions; an assessment of the illicit finance
risks emanating from the region; those risks allowed, directly
or indirectly, by the governments, including those enabled by
weak regulatory or administrative controls of the government,
and the ways in which increasing trade and investment exposes
the international financial system to increased risk relating
to illicit finance. The report shall also include a strategy to
counter illicit finance in the region. Not later than one year
after enactment of this Act, the report will be shared with the
Committee in unclassified form, and may include a classified
annex.
Sanctions Enforcement in Africa.--The Committee is
concerned that corruption continues to be an impediment to
social, economic, and political development in nations such as
Sudan, South Sudan, the Central African Republic, and the
Democratic Republic of Congo. The Committee supports the use of
funds to enhance regional expertise and capacity to promote the
effectiveness of sanctions regimes and international arms
embargoes designed to curtail the flow of funding that is
fueling wars and contributing to regional destabilization.
CYBERSECURITY ENHANCEMENT ACCOUNT
Appropriation, fiscal year 2023....................... $100,000,000
Budget request, fiscal year 2024...................... 215,000,000
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2023................... +50,000,000
Budget request, fiscal year 2024.................. -65,000,000
The Cybersecurity Enhancement Account (CEA) is a dedicated
account designed to identify and support Department-wide
investments for critical IT improvements, including the systems
identified as High Value Assets.
COMMITTEE RECOMMENDATION
The Committee recommends $150,000,000 for the CEA. The
recommendation includes an increase for Zero Trust Architecture
implementation and cloud enterprise cybersecurity enhancements.
Quarterly Reports.--Within 60 days of enactment of this
Act, the Department is directed to submit a plan for the
obligation of funds by quarter for each CEA investment. The
plan shall include prior year unobligated balances and
delineate planned obligations by source year of appropriation.
The plan shall also include anticipated unobligated balances at
the close of the fiscal year and the planned obligation of
carryover in future years, by quarter, until all funds are
obligated. The Department is directed to submit quarterly
updates on this plan.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2023....................... $11,118,000
Budget request, fiscal year 2024...................... 30,881,000
Recommended in the bill............................... 14,600,000
Bill compared with:
Appropriation, fiscal year 2023................... +3,482,000
Budget request, fiscal year 2024.................. -16,281,000
The Department-wide Systems and Capital Investments
Programs account funds capital investments that support the
missions of all Treasury bureaus and programs.
COMMITTEE RECOMMENDATION
The Committee recommends $14,600,000 for Department-wide
Systems and Capital Investments Programs. The recommendation
includes an increase for anticipated office moves and critical
renovations and maintenance of the outer shell of the Main
Treasury and Freedman's Bank Building facilities.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $48,878,000
Budget request, fiscal year 2024...................... 49,180,000
Recommended in the bill............................... 43,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -5,878,000
Budget request, fiscal year 2024.................. -6,180,000
The Office of Inspector General (OIG) provides agency-wide
audit and investigative functions to identify and correct
operational and administrative deficiencies that create
conditions for fraud, waste, and mismanagement. The audit
function provides contract, program, and financial statement
audit services. Contract audits provide professional advice to
agency contracting officials on accounting and financial
matters relative to negotiation, award, administration,
repricing, and settlement of contracts. Program audits review
and evaluate all facets of agency operations. Financial
statement audits assess whether financial statements fairly
present the agency's financial condition and results of
operations, the adequacy of accounting controls, and compliance
with laws and regulations. The investigative function provides
for the detection and investigation of improper and illegal
activities involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $43,000,000 for the OIG to conduct
audits of the Department's highest risk programs and continue
its investigative work to prevent, detect, and investigate
complaints of fraud, waste, and abuse impacting Treasury
programs and operations.
The Committee remains concerned about cyber-based threats
and unauthorized access to Treasury networks and systems. The
Committee encourages the Inspector General to conduct oversight
of high-risk areas within the Department and provide
recommendations on whether sufficient protections exist within
the Department.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $174,250,000
Budget request, fiscal year 2024...................... 187,368,000
Recommended in the bill............................... 170,250,000
Bill compared with:
Appropriation, fiscal year 2023................... -4,000,000
Budget request, fiscal year 2024.................. -17,118,000
The Office of Treasury Inspector General for Tax
Administration (TIGTA) conducts audits, investigations, and
evaluations to assess the operations and programs of the
Internal Revenue Service (IRS) and its related entities, the
IRS Oversight Board, and the Office of Chief Counsel. The
purpose of those audits and investigations is as follows: (1)
to promote the economic, efficient, and effective
administration of the Nation's tax laws and to detect and deter
fraud and abuse in IRS programs and operations; and (2) to
recommend actions to resolve fraud and other serious problems,
abuses, and deficiencies in these programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $170,250,000 for TIGTA.
The Committee appreciates TIGTA's work in assessing IRS'
information technology. The Committee encourages TIGTA to
ensure that the IRS takes further steps to improve its
information technology program.
Countering ERTC Fraud.--The Committee remains concerned
over frequent fraudulent claims to the Employee Retention Tax
Credit (ERTC) offered by the IRS. The Committee directs TIGTA
to submit a report within 160 days after enactment detailing
the level of erroneous credits provided to applicants, the
level of those funds recovered, and measures taken by the IRS
to identify and deny ineligible ERTC applications.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $190,193,000
Budget request, fiscal year 2024...................... 228,908,000
Recommended in the bill............................... 166,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -24,193,000
Budget request, fiscal year 2024.................. -62,908,000
The mission of the Financial Crimes Enforcement Network
(FinCEN) is to safeguard the financial system from illicit use;
combat money laundering; and promote national security through
the collection, analysis, and dissemination of financial
intelligence and strategic use of financial authorities. FinCEN
supports Federal, State, local, and international law
enforcement agency investigations of money laundering and other
financial crimes, and fosters interagency and global
cooperation against domestic and international financial
crimes.
COMMITTEE RECOMMENDATION
The Committee recommends $166,000,000 for FinCEN.
Countering the Financing of Online Child Sexual
Exploitation (CSE).--The Committee is concerned with increased
online child sexual exploitation being monetized through the
U.S. financial sector. The Committee recommends $5,000,000 to
improve FinCEN's ability for oversight and Title 31
investigations involving child sexual exploitation and child
sexual abuse material. The Committee encourages FinCEN to
ensure the U.S. financial sector is adequately complying with
existing regulatory requirements mandated through the ``Anti-
Money Laundering Requirement'' of the USA PATRIOT Act: 31
United States Code (U.S.C.) Sec. 5318(h)(1), 31 Code of Federal
Regulatins (CFR) Sec. 1028.210, and 31 CFR Sec. 1020.210 to
prevent the facilitation of online child exploitation and sex
trafficking through the U.S. financial sector. Such efforts are
consistent with FinCEN's anti-money laundering priorities
published in June 2021, which listed combatting human
trafficking and human smuggling as a top priority, including
combatting crimes against children.
Business Email Compromise.--Email compromise fraud schemes
generally entail criminal attempts to compromise the email
accounts of victims to send fraudulent payment instructions to
financial institutions or business associates in order to
misappropriate funds or to assist in financial fraud. The
Committee appreciates the report by FinCEN on business email
compromise in the real estate sector and encourages FinCEN to
continue its work on business email compromise detection,
mitigation, prevention and reporting.
Asia-Pacific Region.--The Committee recognizes the
importance of FinCEN's support to law enforcement cases in
Hawaii and the U.S. Pacific territories as part of the Bureau's
broader mission to combat money laundering and promote national
security. FinCEN is expected to keep the Committee apprised on
current trends and methods of money laundering in the Asia-
Pacific Region and ongoing efforts to counter this activity.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $372,485,000
Budget request, fiscal year 2024...................... 399,263,000
Recommended in the bill............................... 368,155,000
Bill compared with:
Appropriation, fiscal year 2023................... -4,330,000
Budget request, fiscal year 2024.................. -31,108,000
The mission of the Bureau of the Fiscal Service (Fiscal
Service) is to promote the financial integrity and operational
efficiency of the U.S. Government through accounting,
borrowing, collections, payments, and shared services. The
Fiscal Service is the Federal Government's central financial
agent. The Fiscal Service also develops and implements reliable
and efficient financial methods and systems to operate the
government's cash management, credit management, and debt
collection programs in order to maintain government accounts
and report on the status of the government's finances. In
addition, the Fiscal Service is the primary agency for
collecting Federal non-tax debt owed to the government and is
responsible for all public debt operations and the promotion of
the sale of U.S. securities.
COMMITTEE RECOMMENDATION
The Committee recommends $368,155,000 for the Fiscal
Service.
Cybersecurity in the Fiscal Service.--The Committee notes
with interest the enhanced cybersecurity needs of the Fiscal
Service and encourages the Department to account for the
heightened risk and need to protect the Bureau's work as it
relates to the Department's core mission. Strengthening the
cybersecurity capabilities of the Fiscal Service is essential
to our national security interests as well as to safeguarding
our ability to execute fiscal obligations, such as servicing
the national debt.
Transparency in Federal Spending.--Transparency and
accountability are critical to a democratic and fiscally
responsible government, and USASpending.gov is the primary
portal through which the public can review and understand
Federal spending. The Committee is pleased by ongoing
improvements to the website and expects the Fiscal Service to
continue to work with OMB and other Federal agencies that
receive appropriations to improve the accessibility,
searchability, and reliability of spending information on
USASpending.gov. The Committee further directs the Fiscal
Service to coordinate with OMB to publish all unclassified
vendor contracts and grant awards agreements for all Federal
agencies, as well as the relevant Notice of Funding Opportunity
(NOFO) and the office and employees responsible for issuing the
NOFO for each grant, online at USAspending.gov. The Committee
also directs the Fiscal Service to coordinate with OMB to
require all financial and award spending information be
reported reporting on at least a monthly basis, rather than a
quarterly basis. The Committee expects the Fiscal Service to
keep the Committee and the Committee on Oversight and
Accountability apprised of its progress in improving data
quality and accessibility of transparency regarding Federal
spending.
Matured Unredeemed Debt.--Fiscal Service is directed to
brief the Committee within 90 days of enactment of this Act on
its progress regarding the digitization of mature unredeemed
debt.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $148,863,000
Budget request, fiscal year 2024...................... 155,604,000
Recommended in the bill............................... 135,038,000
Bill compared with:
Appropriation, fiscal year 2023................... -13,825,000
Budget request, fiscal year 2024.................. -20,566,000
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
responsible for the enforcement of laws designed to eliminate
certain illicit activities and the regulation of lawful
activities relating to distilled spirits, beer, wine, and
nonbeverage alcohol products, and tobacco. TTB focuses on
collecting revenue, reducing taxpayer burden, improving service
while preventing diversion, and protecting the public and
preventing consumer deception in certain regulated commodities.
COMMITTEE RECOMMENDATION
The Committee recommends $135,038,000 for the TTB.
Trade Practice Enforcement and Education.--The American
beverage alcohol system continues to experience unprecedented
growth across the United States. The entry of new products and
businesses into the three-tier beverage alcohol system requires
a robust TTB with the capacity to enforce the provisions of the
Federal Alcohol Administration Act that keep the marketplace
safe, fair, and competitive. The recommendation includes
$5,000,000 for TTB to continue its education and enforcement
efforts for industry trade practice violations. The Committee
urges the TTB to increase its outreach to educate and inform
the industry on trade practice laws and regulations.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The United States Mint (the Mint) manufactures coins,
receives deposits of gold and silver bullion, and safeguards
the Federal Government's holdings of monetary metals. In 1997,
Congress established the United States Mint Public Enterprise
Fund (Public Law 104-52), which authorized the Mint to use
proceeds from the sale of coins to finance the costs of its
operations and consolidated all existing Mint accounts into a
single fund.
COMMITTEE RECOMMENDATION
The Committee recommends a spending level for capital
investments by the Mint for circulating coinage and protective
services of $50,000,000 for fiscal year 2024.
Mutilated Coin Redemption.--The Committee is concerned that
the United States Mint's proposed regulations governing
redemption of mutilated coins would unfairly restrict
participation in the program by private entities and local
governments that recover coins during recycling or solid waste
management activities. In the course of performing these
societally valued services, companies and local governments may
recover large amounts of bent, partial, defaced, or otherwise
mutilated coins. Making diligent efforts to recover coins
rather than destroying or disposing of them should be
encouraged, since it is illegal to destroy or damage U.S.
currency, including disposal. Without the Mint's redemption
program, entities that are recovering U.S. coinage are left
with no reasonable way to manage recovered coins. The Committee
expects that the United States Mint will work with these and
other parties who present valid coinage in compliance with the
existing regulations.
Coin Metal Modification.--In a GAO report from 2019,
entitled ``Financial Benefit of Switching to a $1 Coin Is
Unlikely,'' but Changing Coin Metal Content Could Result in
Cost Savings, GAO recommended that Congress consider amending
the law to provide the Secretary of the Treasury with the
authority to alter the metal composition of circulating coins.
The Committee supports changes to the metal content of coins if
it reduces costs incurred by the U.S. taxpayers, allows coins
to work interchangeably in most coin acceptors, and has a
minimal adverse impact on the public and stakeholders.
Community Development Financial Institutions Fund Program Account
Appropriation, fiscal year 2023....................... $324,000,000
Budget request, fiscal year 2024...................... 341,478,000
Recommended in the bill............................... 278,617,000
Bill compared with:
Appropriation, fiscal year 2023................... -45,383,000
Budget request, fiscal year 2024.................. -62,861,000
The Community Development Financial Institutions (CDFI)
Fund provides grants, loans, equity investments, and technical
assistance, on a competitive basis, to new and existing CDFIs
such as community development banks, community development
credit unions, and housing and microenterprise loan funds.
Recipients use the funds to support mortgages, small business,
and economic development lending in underserved and distressed
neighborhoods and the availability of financial services in
these neighborhoods. The CDFI Fund is also responsible for
implementation of the New Markets Tax Credits.
COMMITTEE RECOMMENDATION
The Committee recommends $278,617,000 for the CDFI Fund
program. Of the amounts recommended, $170,000,000 is for
financial and technical assistance grants, $30,000,000 is for
Native Initiatives, $35,000,000 is for the Bank Enterprise
Award Program, $5,000,000 is for the Healthy Food Financing
Initiative, $5,000,000 is for the Small Dollar Loan Program,
and $33,617,000 is for administrative expenses. In addition,
the Committee recommends a loan limit of $500,000,000 for the
Bond Guarantee Program.
The Committee notes that the CDFI Fund program received
$1.25 billion through the CDFI Rapid Response Program; $1.75
billion through the Equitable Recovery Program; and $2.1
billion in liquidity from the Paycheck Protection Program
Liquidity Facility. Further, the Committee notes the CDFI Fund
has yet to award grants from the fiscal year 2023 appropriation
and expects the CDFI Fund to provide data supporting increased
community and economic development in low- and moderate-income
areas until additional awards are made.
Updated CDFI Application.--The Committee is concerned about
proposed changes to the CDFI certification application that
would result in many rural banks losing their CDFI status
through stricter rules on interest rates, underwriting
standards, risk management tools, disclosure requirements, and
target markets. The Committee directs the CDFI Fund within 60
days of enactment to provide a briefing on the steps taken to
consider public comments on the revised application and the
timeline for finalizing application revisions.
Internal Revenue Service
The Committee bill recommends $11,237,612,000 for the IRS,
which is a decrease of $1,081,442,000 below the fiscal year
2023 enacted level, to administer the nation's tax systems.
User Fees.--The Committee directs the IRS to submit a user
fee spending plan within 60 days of enactment of this Act
detailing planned spending on its four appropriations accounts.
Specifically, the Committee would like to see how programs,
investments, and initiatives funded through each appropriations
account are supported by user fees.
Obligations and Employment.--Within 45 days of the end of
each quarter for calendar year 2024, the IRS is directed to
submit to the Committee an obligation and personnel report. The
report shall include information about the obligations made
during the previous quarter by appropriation, object class,
office, and activity; the estimated obligations for the
remainder of the fiscal year by appropriation, object class,
office, and activity; the number of FTE within each office
during the previous quarter; and the estimated number of FTE
within each office for the remainder of the fiscal year.
Cloud Adoption.--The Committee directs the IRS to report on
its cloud adoption in support of information technology (IT)
modernization, and ways in which it is deploying cloud across
its enterprise to enhance cybersecurity. Within 180 days of
enactment of this Act, the IRS is directed to report to the
Committee on existing and new obligations for commercial cloud
computing services in compliance with the Cyber Executive Order
and the 2023 Treasury Report on Cloud Use in Financial
Services.
A description of the Committee's recommendation by
appropriation is provided below.
TAXPAYER SERVICES
Appropriation, fiscal year 2023....................... $2,780,606,000
Budget request, fiscal year 2024...................... 3,422,449,000
Recommended in the bill............................... 2,780,606,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. -641,843,000
The Taxpayer Services appropriation provides for taxpayer
services, including forms and publications; processing of tax
returns and related documents; filing and account services;
taxpayer advocacy services; and assistance to taxpayers to
understand their tax obligations, correctly file their returns,
and pay taxes due in a timely manner.
COMMITTEE RECOMMENDATION
The Committee recommends $2,780,606,000 for Taxpayer
Services.
Backlog of Returns.--The Committee is aware at the end of
2022, the IRS had 10 million unprocessed tax returns and 15.1
million returns requiring manual processing. Additionally, in
2022, 173 million phone calls were placed to the IRS and only
13 percent were actually answered by a customer service
representative. The Committee is concerned the IRS has not
addressed its backlog and directs the IRS to compile a report
by the end of fiscal year 2023 on progress made over the past
five years to reduce backlogs, modernize systems (including but
not limited to: hardware, software, or software upgrades), and
reduce wait times for customer service support. Additionally,
the Committee requests the IRS to present a five-year plan to
reduce backlogs, modernize systems (including but not limited
to: hardware, software, or software upgrades), and reduce wait
times for customer service support.
2024 Filing Season.--According to the IRS, it dramatically
increased service in Filing Season 2023 as a result of
Inflation Reduction Act resources, marking a dramatic
improvement over the 2022 filing season due to a lack of
resources. The Committee strongly disagrees with the IRS's
assessment. The Committee notes $2.78 billion was provided in
fiscal year 2023 for Taxpayer Services and the IRS obligated
approximately $838,000, or less than one percent, from the IRA
for Taxpayer Services. Given the IRS's plans to obligate $1
million in fiscal year 2024, the Committee directs the IRS to
clearly detail how discretionary versus mandatory IRA funds are
being used to support the level of service in the 2024 Filing
Season.
ENFORCEMENT
Appropriation, fiscal year 2023....................... $5,437,622,000
Budget request, fiscal year 2024...................... 5,904,441,000
Recommended in the bill............................... 4,206,180,000
Bill compared with:
Appropriation, fiscal year 2023................... -1,231,442,000
Budget request, fiscal year 2024.................. -1,698,261,000
The Enforcement appropriation provides for the examination
of tax returns, both domestic and international; the
administrative and judicial settlement of taxpayer appeals of
examination findings; technical rulings; monitoring of employee
pension plans; determinations of qualifications of
organizations seeking tax-exempt status; examinations of tax
returns of exempt organizations; enforcement of statutes
relating to detection and investigation of criminal violations
of the internal revenue laws; identification of underreporting
of tax obligations; securing of unfiled tax returns; and
collecting of unpaid accounts.
COMMITTEE RECOMMENDATION
The Committee recommends $4,206,180,000 for Enforcement.
The Committee recommends not less than $60,257,000 to support
IRS activities for the Interagency Crime and Drug Enforcement
program.
OPERATIONS SUPPORT
Appropriation, fiscal year 2023....................... $4,100,826,000
Budget request, fiscal year 2024...................... 4,520,076,000
Recommended in the bill............................... 4,100,826,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. -419,250,000
The Operations Support appropriation provides for overall
planning and direction of the IRS, including shared service
support related to facilities services, rent payments,
printing, postage, and security. Specific activities include
headquarters management activities such as strategic planning,
communications and liaison, finance, human resources, Equal
Employment Opportunity and diversity, research, information
technology, and telecommunications.
COMMITTEE RECOMMENDATION
The Committee recommends $4,100,826,000 for Operations
Support.
Information Technology Reports.--Within 30 days of the end
of each quarter for calendar year 2024, the IRS is required to
submit a report on major information technology project
activities to the Committee and to GAO. The Committee expects
the reports to include detailed, plain English explanations of
the cumulative expenditures and schedule performance to date,
specified by fiscal year; the costs and schedules for the
previous three months; the anticipated costs and schedules for
the upcoming three months; and the total expected costs to
complete IRS's top five major information technology project
activities. In addition, the quarterly report should include
the date the project was started; the expected date of
completion; the percentage of work completed as compared to
planned work; the current and expected state of functionality;
any changes in schedule; and current risks unrelated to funding
amounts and mitigation strategies. The Committee directs the
Department of the Treasury to conduct a semi-annual review of
IRS's IT investments to ensure the cost, schedule, and scope of
the projects' goals are transparent.
In addition, the Committee directs GAO to review and
provide an annual report to the Committee evaluating the cost
and schedule of activities for all major IRS information
technology projects for the year, with a particular focus on
the projects included in IRS's quarterly reports.
Outcome Based Contracting.--The Committee is aware the IRS
has employed firm-fixed price managed services and outcome
based contracting methods for IT software implementation and
management that emphasize speed of adoption and rapid
modernization. Outcome based managed service contracts
establish clear governance to reduce mission creep and scope
changes. The Committee believes this contracting approach
provides the IRS with lower contract lifecycle costs and better
results. Therefore, the Committee encourages the IRS to
implement current and future IT software management and
software implementation requirements through this outcome based
contracting approach.
BUSINESS SYSTEMS MODERNIZATION
Appropriation, fiscal year 2023....................... - - -
Budget request, fiscal year 2024...................... 289,619,000
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2023................... +150,000,000
Budget request, fiscal year 2024.................. -139,619,000
The Business Systems Modernization (BSM) appropriation
provides funding to modernize key business systems of the IRS.
COMMITTEE RECOMMENDATION
The Committee recommends $150,000,000 for BSM. The
Committee continues to support the IRS in its efforts to
modernize its business systems, such as CADE 2, the Enterprise
Case Management System, and the Return Review Program.
Quarterly Reports.--The IRS is directed to continue to
submit quarterly reports to the Committees and GAO, no later
than 30 days following the end of each calendar quarter, on the
status of BSM-funded items in this bill. In addition, GAO is
directed to conduct an annual review of BSM-funded initiatives.
The Committee expects the reports to include detailed,
plain English summaries on the status of plans, costs, and
results for the IRS Integrated Modernization Business Plan
(Plan) including CADE 2, the Individual Master File, the
Enterprise Case Management System, and the Return Review
Program. The reports should include prior quarter results and
expenditures, upcoming quarter deliverables and costs, risks
and mitigation strategies associated with ongoing work, reasons
for any cost and schedule variances, total expenditures to date
by fiscal year, and estimated costs for completing each IT
investment or phase of the Plan.
Small Business Earned Tax Credit Processing.--The Committee
is concerned that the backlog of 941-X filings continues to
grow at an exponential rate. The Committee notes that the
delayed processing of payroll tax credits, particularly the
employee retention tax credit (ERTC), is creating significant
hardship for thousands of small businesses and their employees
across the country. The Committee further notes that businesses
are having to pay ERTC tax liabilities prior to receiving ERTC
funds, which exacerbates liquidity hardships. The Committee
strongly urges the IRS to modernize their processing systems
and move away from paper-based 941-X forms toward an electronic
filing system. The IRS is directed to brief the Committee on
its approach to ERTC processing and strategies to reduce the
backlog within 90 days after enactment of this Act.
Administrative Provisions--Internal Revenue Service
Section 101. The Committee continues a provision that
requires the IRS to maintain a training program to include
taxpayer rights, dealing courteously with taxpayers, cross-
cultural relations, and the impartial application of tax law.
Section 102. The Committee continues a provision that
requires the IRS to institute and enforce policies and
procedures that will safeguard the confidentiality of taxpayer
information and protect taxpayers against identity theft.
Section 103. The Committee continues a provision that makes
funds available for improved facilities and increased staffing
to provide efficient and effective 1-800 number help line
service for taxpayers.
Section 104. The Committee continues a provision that
requires the IRS to notify employers of any address change
request and to give special consideration to offers-in-
compromise for taxpayers who have been victims of payroll tax
preparer fraud.
Section 105. The Committee continues a provision that
prohibits the IRS from targeting U.S. citizens for exercising
their First Amendment rights.
Section 106. The Committee continues a provision that
prohibits the IRS from targeting groups based on their
ideological beliefs.
Section 107. The Committee continues a provision that
requires the IRS to comply with procedures and policies on
conference spending as recommended by the Treasury Inspector
General for Tax Administration.
Section 108. The Committee continues a provision that
prohibits funds for giving bonuses to employees or hiring
former employees without considering conduct and compliance
with Federal tax law.
Section 109. The Committee continues a provision that
prohibits funds to violate the confidentiality of tax returns.
Section 110. The Committee continues a provision that
provides direct hiring authorities for certain IRS positions.
Section 111. The Committee continues a provision that
extends current home to work transportation for the IRS
Commissioner for fiscal year 2024.
Section 112. The Committee includes a new provision
prohibiting the IRS from developing its own Free File software
before seeking Congressional approval.
Section 113. The Committee includes a new provision
prohibiting the IRS from purchasing firearms or ammunition
above specified levels.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
Section 114. The Committee continues a provision that
authorizes the Department to purchase uniforms, insurance for
motor vehicles that are overseas, and motor vehicles that are
overseas without regard to the general purchase price
limitations; to enter into contracts with the State Department
for health and medical services for Treasury employees who are
overseas; and to hire experts or consultants.
Section 115. The Committee continues a provision that
authorizes transfers, up to two percent, between ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Financial Crimes Enforcement Network'', ``Bureau
of the Fiscal Service'', and ``Alcohol and Tobacco Tax and
Trade Bureau'' appropriations under certain circumstances.
Section 116. The Committee continues a provision that
authorizes transfers, up to two percent, between the Internal
Revenue Service and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 117. The Committee continues a provision that
prohibits the Department of the Treasury from undertaking a
redesign of the one dollar Federal Reserve note.
Section 118. The Committee continues a provision that
provides for transfers from the Bureau of the Fiscal Service to
the Debt Collection Fund as necessary for the purposes of debt
collection.
Section 119. The Committee continues a provision requiring
Congressional approval for the construction and operation of a
museum by the United States Mint.
Section 120. The Committee continues a provision that
prohibits funds in this or any other Act from being used to
merge the United States Mint and the Bureau of Engraving and
Printing without the approval of the House and the Senate
committees of jurisdiction.
Section 121. The Committee continues a provision deeming
that funds for the Department of the Treasury's intelligence-
related activities are specifically authorized in fiscal year
2024 until enactment of the Intelligence Authorization Act for
fiscal year 2024.
Section 122. The Committee continues a provision permitting
the Bureau of Engraving and Printing to use $5,000 from the
Industrial Revolving Fund for reception and representation
expenses.
Section 123. The Committee continues a provision requiring
the Department to submit a Capital Investment Plan.
Section 124. The Committee continues a provision
prohibiting the Department from finalizing any regulation
related to the standards used to determine the tax-exempt
status of a 501(c)(4) organization.
Section 125. The Committee continues a provision requiring
a report on the Department's Franchise Fund.
Section 126. The Committee continues a provision requiring
quarterly reports of the Office of Financial Stability and the
Office of Financial Research.
Section 127. The Committee continues a provision providing
funding for the Special Inspector General for Pandemic
Recovery.
Section 128. The Committee includes a new provision
requiring the Secretary of the Treasury to produce a COVID-19
expenditure report to evaluate potential waste, fraud, and
abuse in COVID-19 programs.
Section 129. The Committee includes a new provision with
respect to the so-called people-to-people category of travel.
As set forth in title 31, section 515.565(b)(2) of the Code of
Federal Regulations, this category of travel contravenes the
explicit prohibition against tourist activities as provided in
section 910(b) of the Trade Sanctions Reform and Export
Enhancement Act of 2000. Because Cuba's tourism industry is run
mostly by the Cuban military, the people-to-people category of
travel is also inconsistent with the prohibition on financial
transactions with Cuban military, with its affiliated entities
as maintained on the State Department's Cuba Restricted List.
Furthermore, the stated purpose of people-to-people travel,
which is to promote the Cuban people's independence from Cuban
authorities, cannot be accomplished through itineraries that
mainly feature interactions with representatives of a
dictatorship that actively oppresses the Cuban people, nor can
it be accomplished through itineraries that do not require
meetings with pro-democracy activists or independent members of
Cuban civil society.
Section 130. The Committee includes a new provision that
requires a report on certain categories of travel to Cuba.
Section 131. The Committee includes a new provision
prohibiting the establishment of a United States Central Bank
Digital Currency and prohibits discontinuation of paper
currency as legal tender in the United States.
Section 132. The Committee includes a new provision
prohibiting funding for FinCEN to promulgate the beneficial
ownership reporting rules that do not reflect Congressional
intent.
Section 133. The Committee includes a new provision
prohibiting the Federal Housing Finance Agency from
implementing the single-family housing mortgage credit fee
pricing framework announced on January 19, 2023.
Section 134. The Committee includes a new provision
prohibiting funding for an outbound investment review program
until a report with specific information is provided to the
Committees of jurisdiction.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Funds appropriated in this title provide for the staff and
operations of the White House, along with other organizations
within the Executive Office of the President (EOP) that
formulate and coordinate policy on behalf of the President,
such as the National Security Council and the Office of
Management and Budget. The title also includes funding for the
Office of National Drug Control Policy and certain expenses of
the Vice President.
The White House
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $77,681,000
Budget request, fiscal year 2024...................... 81,058,000
Recommended in the bill............................... 55,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -22,681,000
Budget request, fiscal year 2024.................. -26,058,000
The White House Salaries and Expenses account supports
staff and administrative services necessary for the direct
support of the President.
COMMITTEE RECOMMENDATION
The Committee recommends $55,000,000 for the White House.
Transparency in the White House.--Within 7 days of
enactment, the White House must submit to Congress all reports
and investigative materials associated with the July 2, 2023,
discovery of cocaine within the White House, including, but not
limited to, all associated video security footage, internal
reports, documents, details related to the discovery of the
narcotics, and investigative materials compiled by White House
staff, employees of the administration, and the United States
Secret Service. The White House must submit this report to the
House Committee on Appropriations and the House Committee on
Oversight and Accountability.
Executive Residence at the White House
OPERATING EXPENSES
Appropriation, fiscal year 2023....................... $15,609,000
Budget request, fiscal year 2024...................... 16,088,000
Recommended in the bill............................... 14,050,000
Bill compared with:
Appropriation, fiscal year 2023................... -1,559,000
Budget request, fiscal year 2024.................. -2,038,000
The Executive Residence at the White House Operating
Expenses account provides for the care, maintenance, staffing,
and operations of the Executive Residence, including official
and ceremonial functions of the President.
COMMITTEE RECOMMENDATION
The Committee recommends $14,050,000 for the Operating
Expenses of the Executive Residence. The bill continues the
same restrictions on reimbursable expenses for use of the
Executive Residence as have been included in past years.
White House Repair and Restoration
Appropriation, fiscal year 2023....................... $2,500,000
Budget request, fiscal year 2024...................... 2,500,000
Recommended in the bill............................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. - - -
The White House Repair and Restoration account provides for
the repair, alteration, and improvement of the Executive
Residence at the White House.
COMMITTEE RECOMMENDATION
The Committee recommends $2,500,000 for White House Repair
and Restoration.
Council of Economic Advisers
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $4,903,000
Budget request, fiscal year 2024...................... 5,056,000
Recommended in the bill............................... 4,120,000
Bill compared with:
Appropriation, fiscal year 2023................... -783,000
Budget request, fiscal year 2024.................. -936,000
The Council of Economic Advisers analyzes the national
economy and its various segments, advises the President on
economic developments, recommends policies for economic growth
and stability, appraises economic programs and policies of the
Federal Government, and assists in preparation of the annual
Economic Report of the President.
COMMITTEE RECOMMENDATION
The Committee recommends $4,120,000 for the Council of
Economic Advisers.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $17,901,000
Budget request, fiscal year 2024...................... 18,441,000
Recommended in the bill............................... 12,500,000
Bill compared with:
Appropriation, fiscal year 2023................... -5,401,000
Budget request, fiscal year 2024.................. -5,941,000
The National Security Council and the Homeland Security
Council have been combined to form the National Security Staff,
which advises and assists the President on the integration of
domestic, foreign, military, intelligence, and economic aspects
of national security policy and serves as the principal means
of coordinating executive departments and agencies in the
development and implementation of national security and
homeland security policies.
COMMITTEE RECOMMENDATION
The Committee recommends $12,500,000 for the National
Security Council and Homeland Security Council.
Federal Disaster Recovery.--The Committee is concerned
about an effort to centralize Federal disaster recovery
activities in the National Security Council without adequate
input across the Federal interagency or state and local
stakeholder organizations. The National Security Council is
directed to brief the Committee within 60 days of enactment of
this Act on the roles and responsibilities of a Federal
recovery coordination office, as well as required resources.
Office of Administration
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $115,463,000
Budget request, fiscal year 2024...................... 118,546,000
Recommended in the bill............................... 106,500,000
Bill compared with:
Appropriation, fiscal year 2023................... -8,963,000
Budget request, fiscal year 2024.................. -12,046,000
The Office of Administration is responsible for providing
administrative services to the Executive Office of the
President. These services include financial, personnel,
procurement, information technology, records management, and
general office services.
COMMITTEE RECOMMENDATION
The Committee recommends $106,500,000 for the Office of
Administration. Of the recommended amount, not to exceed
$12,800,000 is available until expended for modernization of
information technology infrastructure within the Executive
Office of the President.
Office of Management and Budget
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $128,035,000
Budget request, fiscal year 2024...................... 137,489,000
Recommended in the bill............................... 116,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -12,035,000
Budget request, fiscal year 2024.................. -21,489,000
OMB assists the President in the discharge of budgetary,
economic, management, and other executive responsibilities.
COMMITTEE RECOMMENDATION
The Committee recommends $116,000,000 for OMB.
Budget Submission.--The Committee requires OMB to submit
the President's fiscal year 2025 budget request by the first
Monday in February as required by section 1105(a) of title 31,
United States Code and includes a restriction on the obligation
of funds until the budget is submitted. The Committee
encourages OMB to provide an appropriate number of printed
copies of the submission to Congressional committees, including
documents such as the Appendix, Historical Tables, and
Analytical Perspectives.
Personnel and Obligations Report.--The Committee continues
direction to OMB to provide the Committee with quarterly
reports on personnel and obligations consisting of on-board
staffing levels, estimated staffing levels by office for the
remainder of the fiscal year, total obligations incurred to
date, estimated total obligations for the remainder of the
fiscal year, and a narrative description of current hiring
initiatives.
Unobligated Balances Report.--OMB is directed to report to
the Committee within 45 days of the end of each fiscal quarter
on available balances at the start of the fiscal year, current
year obligations, and resulting unobligated balances for each
discretionary account within the jurisdiction of this Act.
Improper Payments.--The Committee encourages OMB to
continue working with agencies across the Federal Government to
ensure processes are in place to eliminate payments to deceased
persons. GAO found that Federal agencies have disbursed an
estimated $281 billion in improper payments, totaling $2.2
trillion over the past 20 years. OMB has not provided a report
to the Committee as requested by House Report 117-393 on how it
is reducing improper payments to deceased individuals and what
initiatives have proven to be most effective. OMB is directed
to brief the Committee within 30 days on its approach to
reducing improper payments.
Online Budget Repository.--The Committee repeats language
from House Report 117-79 requiring OMB to make available on a
website a list of each Federal agency with a link to its budget
justification materials.
Build America Buy America Act Implementation.--In February
2023, OMB issued a series of questions and a proposed rule (88
Federal Register 8374) that expands upon previous temporary
guidance issued to implement the Build America Buy America Act
(BABAA). The Committee is aware of significant concerns from
the stakeholder community that OMB's filing did not follow
appropriate administrative processes under the Administrative
Procedures Act. There has been no opportunity to provide
comment on portions of the proposed rule that address
implementation authorities, which OMB expanded beyond
authorities provided in the law. It is imperative that OMB
provide coordination between Federal agencies to ensure
consistency while properly executing BABAA to ensure maximum
job creation and benefit in the United States.
North American Industry Classification System.--The
Committee is aware that there is significant confusion in the
current system on the classification of procurements for
Information Technology Value-Added Resellers (ITVARS). OMB
shall report to Congress within 90 days of enactment of this
Act on the status of reviewing the North American Industry
Classification System (NAICS) and how creating a specific code
for ITVARS might help improve the current NAICS structure.
Food Safety Modernization Act.--The Food Safety
Modernization Act (Public Law 111-353), enacted in 2011, gave
the Food and Drug Administration (FDA) new authorities to
regulate how foods are grown, harvested, and processed and
required the FDA to issue various rulemakings and guidance
documents. The Committee directs OMB to work closely with the
FDA to meet the timelines for promulgation of rules and
regulations outlined in the FDA Food Safety Modernization Act.
The Committee requests a report every 180 days after the
enactment of this Act describing any rule or regulation that is
more than 60 days overdue and the reasons why each rule or
regulation is overdue.
Antideficiency Act Training.--The Antideficiency Act
prohibits Federal agencies from obligating or expending Federal
funds in advance or in excess of an appropriation, and from
accepting voluntary services. OMB Circular A-11 directs Federal
agency approving and certifying officials to have adequate and
current training in appropriations law and the budget process.
The Committee directs OMB to provide a report within 120 days
of enactment detailing Federal agency compliance with
Antideficiency Act training requirements including the
frequency of the trainings and whether they occur on an annual
basis.
Improvements to Federal Government Service Delivery.--The
Committee has concerns with how services are delivered across
the Federal Government and the negative impact the ``time tax''
has on Americans accessing these services. The Director of the
Office of Management and Budget should provide a briefing to
the Committees, within 90 days of enactment of this Act, on the
outcome metrics OMB has developed to track how Federal agencies
have reduced customer burdens and pain points and streamlined
their processes.
Administrative Pay-As-You-Go Act of 2023.--The Committee
directs OMB to provide a report within 60 days of enactment on
the implementation of the Pay-As-You-Go rule for executive
branch actions that increase federal spending.
Evidence-Based Policymaking.--The Committee instructs the
Office of Management and Budget to provide a briefing to the
Committee, within 90 days of enactment of the Act, on the
development of Federal agencies' comprehensive data inventory
and public data catalogue as required by Public Law 115-435.
The briefing should include OMB's guidance to Federal agencies
on how they should comply with the OPEN Government Data Act's
provisions and any required resources.
Intellectual Property Enforcement Coordinator
Appropriation, fiscal year 2023....................... $1,902,000
Budget request, fiscal year 2024...................... 1,960,000
Recommended in the bill............................... 1,838,000
Bill compared with:
Appropriation, fiscal year 2023................... -64,000
Budget request, fiscal year 2024.................. -122,000
The Office of the Intellectual Property Enforcement
Coordinator (IPEC) was created in 2008 to develop and
coordinate overall U.S. intellectual property policy and
strategy.
COMMITTEE RECOMMENDATION
The Committee recommends $1,838,000 for IPEC.
Office of the National Cyber Director
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $21,926,000
Budget request, fiscal year 2024...................... 22,586,000
Recommended in the bill............................... 21,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -926,000
Budget request, fiscal year 2024.................. -1,586,000
The Office of the National Cyber Director (ONCD) was
created in the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) to
advise the President on cybersecurity and related emerging
technology issues and to coordinate cybersecurity strategy and
policy, including Executive Branch development of an integrated
national cybersecurity.
COMMITTEE RECOMMENDATION
The Committee recommends $21,000,000 for the ONCD.
Cyber Coordination.--The Committee notes the increasing
regularity of damaging cyberattacks, including attacks against
critical U.S. infrastructure, and recognizes that Federal cyber
functions are distributed among numerous agencies and offices.
As part of the implementation of the National Cybersecurity
Strategy, the National Cyber Director shall develop an
overarching coordination policy for Federal Cybersecurity
Centers' activities and brief the Committee on such strategy
within 180 days of enactment of this Act.
National Cyber Workforce Strategy.--Not later than 120
days after enactment of this Act, the ONCD and the
Cybersecurity and Infrastructure Security Agency shall jointly
brief the Committee on interagency efforts with OMB and other
relevant agencies to develop a National Cyber Workforce
Strategy and any implementation efforts underway. The National
Cyber Workforce group is encouraged to examine existing
military transition programs that support the recruitment,
hiring, training, or education of military veterans to improve
their transition into Federal service upon discharge from
active duty and to maximize engagement with reservists in
civilian cyber workforce roles.
Office of National Drug Control Policy
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $21,500,000
Budget request, fiscal year 2024...................... 22,380,000
Recommended in the bill............................... 18,952,000
Bill compared with:
Appropriation, fiscal year 2023................... -2,548,000
Budget request, fiscal year 2024.................. -3,428,000
The Office of National Drug Control Policy (ONDCP) was
established by the Anti-Drug Abuse Act of 1988. As the
President's primary source of support for counter-drug policy
development and program oversight, ONDCP is responsible for
developing and updating a National Drug Control Strategy,
developing a National Drug Control Budget, and coordinating and
evaluating the implementation of Federal drug control
activities. In addition, ONDCP manages several counter-drug
programs, including the High Intensity Drug Trafficking Areas
(HIDTA) and Drug-Free Communities grant programs.
COMMITTEE RECOMMENDATION
The Committee recommends $18,952,000 for ONDCP Salaries and
Expenses.
Caribbean Border Counternarcotics Strategy.--The Committee
remains concerned about narcotics trafficking and related
violence in Puerto Rico and the U.S. Virgin Islands, home to
approximately 3.3 million American citizens, and their effect
on U.S. States, especially communities along the Eastern
seaboard. The Committee commends ONDCP for including a
Caribbean Border Counternarcotics Strategy as a companion to
the 2022 National Drug Control Strategy and expects that ONDCP
will continue to include a Caribbean Border Counternarcotics
Strategy in forthcoming versions of the National Drug Control
Strategy.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2023....................... $302,000,000
Budget request, fiscal year 2024...................... 290,200,000
Recommended in the bill............................... 296,600,000
Bill compared with:
Appropriation, fiscal year 2023................... -5,400,000
Budget request, fiscal year 2024.................. +6,400,000
The HIDTA Program provides resources to Federal, State,
local, and Tribal agencies in designated HIDTAs to combat the
production, transportation, and distribution of illegal drugs;
to seize assets derived from drug trafficking; to address
violence in drug-plagued communities; and to disrupt the drug
marketplace.
There are 33 HIDTAs operating in all 50 States plus the
District of Columbia, Puerto Rico, and the U.S. Virgin Islands.
Each HIDTA is managed by an Executive Board comprised of equal
numbers of Federal, State, local, and Tribal officials. Each
HIDTA Executive Board is responsible for designing and
implementing initiatives for the specific drug trafficking
threats in its region. Intelligence and information sharing are
key elements of all HIDTA programs.
COMMITTEE RECOMMENDATION
The Committee recommends $296,600,000 for the HIDTA
Program.
Combatting Illegal Opioids and Fentanyl.--Criminal networks
engaged in narcotics trafficking and distribution of illegal
opioids and fentanyl remain a national security concern. The
Committee is aware the HIDTA program seized over 44 million
dosage units of fentanyl in 2022, a more than 975 percent
increase from 2020, and that 71,238 people died from fentanyl
in the United States in 2021, up more than 20 percent from
2020. The Committee supports the HIDTA program's work to combat
fentanyl trafficking and overdose deaths and encourages ONDCP
to identify software solutions that could enable information
sharing and collaboration between the HIDTA program and
Federal, State, local, and Tribal law enforcement to uncover
drug traffickers and their networks. The Committee particularly
encourages ONDCP, in consultation with the HIDTA Directors, to
prioritize discretionary funds towards programs that support
fentanyl poisoning and overdose reduction and that enhance
opioid and fentanyl seizure and interdiction activities.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2023....................... $137,120,000
Budget request, fiscal year 2024...................... 148,950,000
Recommended in the bill............................... 135,450,000
Bill compared with:
Appropriation, fiscal year 2023................... -1,670,000
Budget request, fiscal year 2024.................. -13,500,000
COMMITTEE RECOMMENDATION
The Committee recommends $135,450,000 for Other Federal
Drug Control Programs. The recommended level for fiscal year
2024 is distributed among specific programs and activities as
follows:
Drug-Free Communities................................. $109,000,000
Drug Court Training and Technical Assistance.......... 3,000,000
Anti-Doping Activities................................ 14,000,000
World Anti-Doping Agency.............................. 3,000,000
Model Acts Program.................................... 1,250,000
Community-Based Coalition Enhancement Grants (CARA 5,200,000
Grants)..............................................
Unanticipated Needs
Appropriation, fiscal year 2023....................... $1,000,000
Budget request, fiscal year 2024...................... 1,000,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. - - -
The Unanticipated Needs account enables the President to
meet unanticipated exigencies in support of the national
interest, security, or defense.
COMMITTEE RECOMMENDATION
The Committee recommends $1,000,000 for Unanticipated
Needs.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2023....................... $13,700,000
Budget request, fiscal year 2024...................... 14,166,000
Recommended in the bill............................... 8,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -5,700,000
Budget request, fiscal year 2024.................. -6,166,000
The Information Technology Oversight and Reform account
supports efforts to make the Federal Government's investments
in information technology more efficient, secure, and
effective.
COMMITTEE RECOMMENDATION
The Committee recommends $8,000,000 for information
technology oversight activities.
Special Assistance to the President
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $6,076,000
Budget request, fiscal year 2024...................... 6,255,000
Recommended in the bill............................... 4,839,000
Bill compared with:
Appropriation, fiscal year 2023................... -1,237,000
Budget request, fiscal year 2024.................. -1,416,000
These funds support the executive functions of the Office
of the Vice President.
COMMITTEE RECOMMENDATION
The Committee recommends $4,839,000 for the Office of the
Vice President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2023....................... $321,000
Budget request, fiscal year 2024...................... 329,000
Recommended in the bill............................... 311,000
Bill compared with:
Appropriation, fiscal year 2023................... -10,000
Budget request, fiscal year 2024.................. -18,000
The Official Residence of the Vice President Operating
Expenses account supports the care and operation of the Vice
President's residence and supports equipment, furnishings,
dining facilities, and services required to perform and
discharge the Vice President's official duties, functions, and
obligations.
COMMITTEE RECOMMENDATION
The Committee recommends $311,000 for the Operating
Expenses of the Vice President's residence.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFER OF FUNDS)
Section 201. The Committee continues a provision permitting
the transfer of not to exceed 10 percent of funds among various
accounts within the EOP, with advance approval of the
Committee. The amount of an appropriation shall not be
increased by more than 50 percent.
Section 202. The Committee continues a provision requiring
the OMB Director to include a statement of budgetary impact
with any Executive Order or Presidential Memorandum issued or
rescinded during fiscal year 2024 where the regulatory cost
exceeds $100,000,000.
Section 203. The Committee continues a provision requiring
the OMB Director to issue a memorandum to all Federal
departments, agencies, and corporations directing compliance
with title VII of this Act.
Section 204. The Committee continues a provision requiring
OMB to permanently operate and maintain the system to make
publicly available, in an automated fashion, all documents
apportioning an appropriation including explanations of any
footnotes for apportioned amounts.
Section 205. The Committee includes a new provision
requiring the OMB Director to report to the Committee on the
available balances under certain COVID-19 related provisions of
law.
Section 206. The Committee includes a new provision
requiring that the President submit annual budget requests to
Congress on or before the first Monday in February as required
by section 1105(a) of title 31, United States Code, or the
total amount available for obligation will be reduced by
$52,000,000 until the budget is submitted.
Section 207. The Committee includes a new provision
prohibiting the Director of OMB from waiving the offset
requirements related to increases in direct spending.
TITLE III--THE JUDICIARY
The funds in title III are for the operation and
maintenance of United States Courts and include the salaries of
judges, probation and pretrial services officers, public
defenders, court clerks, law clerks, and other supporting
personnel, as well as security costs, information technology,
and other expenses of the Federal Judiciary. The Committee
recommends a total of $8,684,381,000 in discretionary funding
for the Judiciary in fiscal year 2024.
In addition to direct appropriations, the Judiciary
collects various fees and has certain multiyear funding
authorities. The Judiciary uses these non-appropriated funds to
offset its direct appropriation requirements.
Consistent with prior year practices and section 608 of
this Act, the Committee expects the Judiciary to submit a
financial plan, within 60 days of enactment of this Act,
allocating all sources of available funds including
appropriations, fee collections, and carryover balances. This
financial plan will be the baseline for purposes of
reprogramming notification.
Supreme Court of the United States
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $109,551,000
Budget request, fiscal year 2024...................... 127,036,000
Recommended in the bill............................... 124,201,000
Bill compared with:
Appropriation, fiscal year 2023................... +14,650,000
Budget request, fiscal year 2024.................. -2,862,000
COMMITTEE RECOMMENDATION
The Committee recommends $124,201,000 for fiscal year 2024
for the salaries and expenses of personnel and for the cost of
operating the Supreme Court, excluding the care of the building
and grounds. The Committee directs the Court to include with
its budget justification materials a report showing information
technology carryover balances and describing expenditures made
in the previous fiscal year and planned expenditures in the
budget year.
CARE OF THE BUILDING AND GROUNDS
Appropriation, fiscal year 2023....................... $29,246,000
Budget request, fiscal year 2024...................... 20,688,000
Recommended in the bill............................... 20,420,000
Bill compared with:
Appropriation, fiscal year 2023................... -8,826,000
Budget request, fiscal year 2024.................. -268,000
COMMITTEE RECOMMENDATION
The Committee recommends $20,420,000 for Care of Buildings
and Grounds, to remain available until expended. The Architect
of the Capitol has responsibility for these functions and
supervises the use of this appropriation.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $36,735,000
Budget request, fiscal year 2024...................... 39,682,000
Recommended in the bill............................... 38,991,000
Bill compared with:
Appropriation, fiscal year 2023................... +2,256,000
Budget request, fiscal year 2024.................. -691,000
COMMITTEE RECOMMENDATION
The Court of Appeals for the Federal Circuit has exclusive
national jurisdiction over a large number of diverse subject
areas, including government contracts, patents, trademarks,
Federal personnel, and veterans' benefits. The Committee
recommends $38,991,000 for the United States Court of Appeals
for the Federal Circuit.
United States Court of International Trade
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $21,260,000
Budget request, fiscal year 2024...................... 22,404,000
Recommended in the bill............................... 22,103,000
Bill compared with:
Appropriation, fiscal year 2023................... +843,000
Budget request, fiscal year 2024.................. -301,000
COMMITTEE RECOMMENDATION
The Court of International Trade has exclusive nationwide
jurisdiction over civil actions against the United States and
certain civil actions brought by the United States arising out
of import transactions and administration and enforcement of
the U.S. customs and international trade laws. The Committee
recommends $22,103,000 for the United States Court of
International Trade.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $5,905,055,000
Budget request, fiscal year 2024...................... 6,370,391,000
Recommended in the bill............................... 6,050,974,000
Bill compared with:
Appropriation, fiscal year 2023................... +145,919,000
Budget request, fiscal year 2024.................. -319,417,000
COMMITTEE RECOMMENDATION
The Committee recommends $6,050,974,000 for the operations
of the regional Courts of Appeals, District Courts, Bankruptcy
Courts, the Court of Federal Claims, and probation and pretrial
services offices.
In addition, the Committee recommends a reimbursement of
$9,975,000 from the Vaccine Injury Compensation Trust Fund to
cover expenses of the United States Court of Federal Claims
associated with processing cases under the National Childhood
Vaccine Injury Act of 1986.
DEFENDER SERVICES
Appropriation, fiscal year 2023....................... $1,382,680,000
Budget request, fiscal year 2024...................... 1,533,015,000
Recommended in the bill............................... 1,411,116,000
Bill compared with:
Appropriation, fiscal year 2023................... +28,436,000
Budget request, fiscal year 2024.................. -121,899,000
COMMITTEE RECOMMENDATION
This account provides funding for the operation of the
Federal Public Defender and Community Defender organizations
and for compensation and reimbursement of expenses of panel
attorneys appointed pursuant to the Criminal Justice Act for
representation in criminal cases. The Committee recommends
$1,411,116,000 for Defender Services.
FEES OF JURORS AND COMMISSIONERS
Appropriation, fiscal year 2023....................... $58,239,000
Budget request, fiscal year 2024...................... 59,902,000
Recommended in the bill............................... 59,902,000
Bill compared with:
Appropriation, fiscal year 2023................... +1,663,000
Budget request, fiscal year 2024.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends $59,902,000 for payments to jurors
and commissioners.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2023....................... $750,163,000
Budget request, fiscal year 2024...................... 783,465,000
Recommended in the bill............................... 782,727,000
Bill compared with:
Appropriation, fiscal year 2023................... +32,564,000
Budget request, fiscal year 2024.................. -738,000
COMMITTEE RECOMMENDATION
The Committee recommends $782,727,000 for Court Security to
provide for necessary expenses of security and protective
services in courtrooms and adjacent areas. The recommendation
will provide for the highest priority security needs identified
by the courts and the U.S. Marshals Service.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $102,673,000
Budget request, fiscal year 2024...................... 112,974,000
Recommended in the bill............................... 107,295,000
Bill compared with:
Appropriation, fiscal year 2023................... +4,622,000
Budget request, fiscal year 2024.................. -5,679,000
COMMITTEE RECOMMENDATION
The Administrative Office of the United States Courts (AO)
provides administrative and management support to the United
States Courts, including the probation and bankruptcy systems.
It also supports the Judicial Conference of the United States
in determining Federal Judiciary policies, in developing
methods to assist the courts to conduct business efficiently
and economically, and in enhancing the use of information
technology in the courts. The Committee recommends $107,295,000
for the AO.
Workplace Conduct.--The Committee looks forward to
receiving GAO's review of workplace misconduct in the Federal
Judiciary and recommendations for how this office can help
foster a better workplace environment for all Judicial
employees. The Committee directs the Administrative Office's
Office of Judicial Integrity to continue to inform Congress in
their annual Congressional budget on the challenges remaining
to provide an exemplary workplace for every judge and every
court employee. As the Judiciary collaborates with GAO and
other stakeholders on various workplace studies, the Committee
expects the Judiciary and the Federal Judicial Center to
provide regular and appropriate access to all necessary
information requested by GAO and the National Academy of Public
Administration so that their work can be completed in a timely
manner.
Federal Judicial Center
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $34,261,000
Budget request, fiscal year 2024...................... 35,082,000
Recommended in the bill............................... 34,174,000
Bill compared with:
Appropriation, fiscal year 2023................... -87,000
Budget request, fiscal year 2024.................. -908,000
COMMITTEE RECOMMENDATION
The Federal Judicial Center (FJC) improves the management
of Federal Judicial dockets and court administration through
education for judges and staff and through research,
evaluation, and planning assistance for the courts and the
Judicial Conference. The Committee recommends $34,174,000 for
the FJC.
Bankruptcy Judges Education.--The Committee recognizes the
importance of national security considerations in reviewing
bankruptcy and investment transactions, and encourages the FJC
to continue to educate bankruptcy judges on the role of the
Committee on Foreign Investment in the United States and on how
bankruptcy court decisions impact national security. Not later
than 180 days after the enactment of this Act, the FJC is
directed to brief the Committee on its plans to continue to
incorporate national security considerations into bankruptcy
judge educational activities.
Patent Litigation Education.--The Committee encourages the
FJC to educate judges on the rise in third-party funded patent
litigation and the importance of ensuring that there is
disclosure of interested parties including all beneficial
owners and investors involved in litigation. Not later than 180
days after the enactment of this Act, the FJC is directed to
report to the Committee on its plans to incorporate an
awareness of disclosure requirements into its educational
activities for patent litigation judges.
United States Sentencing Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $21,641,000
Budget request, fiscal year 2024...................... 23,150,000
Recommended in the bill............................... 22,503,000
Bill compared with:
Appropriation, fiscal year 2023................... +862,000
Budget request, fiscal year 2024.................. -647,000
COMMITTEE RECOMMENDATION
The purpose of the U.S. Sentencing Commission (Commission)
is to establish, review, and revise sentencing guidelines,
policies, and practices for the Federal criminal justice
system. The Commission is also required to monitor the
operation of the guidelines and to identify and report
necessary changes to Congress. The Committee recommends
$22,503,000 for the Commission.
Administrative Provisions--The Judiciary
(INCLUDING TRANSFER OF FUNDS)
Section 301. The Committee continues language to permit
funds for salaries and expenses to be available for employment
of experts and consultant services as authorized by 5 U.S.C.
3109.
Section 302. The Committee continues language that permits
up to five percent of any appropriation made available for
fiscal year 2024 to be transferred between Judiciary
appropriations provided that no appropriation shall be
decreased by more than five percent or increased by more than
ten percent by any such transfer except in certain
circumstances. In addition, the language provides that any such
transfer shall be treated as a reprogramming of funds under
sections 604 and 608 of the accompanying bill and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in those sections.
Section 303. The Committee continues language authorizing
not to exceed $11,000 to be used for official reception and
representation expenses incurred by the Judicial Conference of
the United States.
Section 304. The Committee continues language through
fiscal year 2024 regarding the delegation of authority to the
Judiciary for contracts for repairs of less than $100,000.
Section 305. The Committee continues language to authorize
a court security pilot program.
Section 306. The Committee includes a new provision that
reduces administrative burdens associated with private panel
attorney payments.
Section 307. Language is included extending temporary
judgeships in Alabama Northern, Arizona, California Central,
Florida Southern, Hawaii, Kansas, Missouri Eastern, New Mexico,
North Carolina Western, and Texas Eastern.
TITLE IV--DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
Appropriation, fiscal year 2023....................... $40,000,000
Budget request, fiscal year 2024...................... 40,000,000
Recommended in the bill............................... 40,000,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. - - -
The Resident Tuition Support program, also known as the
D.C. Tuition Assistance Grant program, provides up to $10,000
annually for undergraduate District students to address the
difference between in-state and out-of-state tuition rates and
makes it possible for them to attend eligible four-year public
universities and colleges nationwide. Grants of up to $2,500
per year are available for students to attend private
universities and colleges in the D.C. metropolitan area,
private Historically Black Colleges and Universities
nationwide, and public two-year community colleges nationwide.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $40,000,000
for the Resident Tuition Support program. The District of
Columbia can contribute local funds to this program and is
authorized to prioritize applications based on income and need
if there is demand for the program beyond the available level
of Federal funds.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
Appropriation, fiscal year 2023....................... $30,000,000
Budget request, fiscal year 2024...................... 48,000,000
Recommended in the bill............................... 28,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -2,000,000
Budget request, fiscal year 2024.................. -20,000,000
The District of Columbia is the seat of the Federal
Government. The Federal Payment for Emergency Planning and
Security Costs is provided to help address the impact of the
Federal Government's presence in the District of Columbia.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $28,000,000
for emergency planning and security costs and additional costs
incurred by the District of Columbia.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
Appropriation, fiscal year 2023....................... $291,068,000
Budget request, fiscal year 2024...................... 315,563,000
Recommended in the bill............................... 301,210,000
Bill compared with:
Appropriation, fiscal year 2023................... +10,142,000
Budget request, fiscal year 2024.................. -14,353,000
Under the National Capital Revitalization and Self-
Government Improvement Act of 1997, the Federal Government is
required to finance the District of Columbia Courts. This
Federal payment to the District of Columbia Courts funds the
operations of the District of Columbia Court of Appeals,
Superior Court, Court System, and Capital Improvement Program.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $301,210,000
for operation of the District of Columbia Courts.
The amount recommended by the Committee includes
$15,655,000 for the Court of Appeals, $144,035,000 for the
Superior Court, $90,210,000 for the Court System, and
$51,310,000 for capital improvements to courthouse facilities.
Funds for capital improvements are provided to improve life
safety compliance, conduct general repair projects and
upgrades, and move the various court offices into owned space
and out of leased space.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
(INCLUDING RESCISSION OF FUNDS)
Appropriation, fiscal year 2023....................... $46,005,000
Budget request, fiscal year 2024...................... 46,005,000
Recommended in the bill............................... 46,005,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. - - -
The District of Columbia Courts appoint and compensate
attorneys to represent persons who are financially unable to
obtain such representation.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $46,005,000
for Defender Services in the District of Columbia Courts. The
Committee notes the inclusion of a permanent rescission of
$25,000,000 in unobligated balances for Defender Services.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
Appropriation, fiscal year 2023....................... $285,016,000
Budget request, fiscal year 2024...................... 296,878,000
Recommended in the bill............................... 287,271,000
Bill compared with:
Appropriation, fiscal year 2023................... +2,255,000
Budget request, fiscal year 2024.................. -9,607,000
The Court Services and Offender Supervision Agency (CSOSA)
for the District of Columbia is an independent Federal agency
created by the National Capital Revitalization and Self-
Government Improvement Act of 1997. CSOSA acquired operational
responsibilities for the former District agencies in charge of
probation and parole and houses the Pretrial Services Agency
for the District of Columbia within its framework.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $287,271,000
for CSOSA. Of the amounts provided, $202,289,000 is for
Community Supervision and Sex Offender Registration and
$84,982,000 is for pretrial services. The recommendation
includes $4,253,000 to remain available until September 30,
2026, for the costs associated with relocation under
replacement leases for headquarters offices, field offices, and
related facilities for CSOSA and $2,503,000, to remain
available until September 30, 2026, for the costs associated
with a replacement lease and relocation of the Pretrial
Services Agency.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
Appropriation, fiscal year 2023....................... $53,629,000
Budget request, fiscal year 2024...................... 59,551,000
Recommended in the bill............................... 57,329,000
Bill compared with:
Appropriation, fiscal year 2023................... +3,700,000
Budget request, fiscal year 2024.................. -2,222,000
The Public Defender Service (PDS) for the District of
Columbia is an independent organization authorized by the
National Capital Revitalization and Self-Government Improvement
Act of 1997. PDS's purpose is to provide legal representation
services within the District of Columbia justice system.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $57,329,000
for PDS for the District of Columbia.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
Appropriation, fiscal year 2023....................... $2,450,000
Budget request, fiscal year 2024...................... 2,450,000
Recommended in the bill............................... 2,150,000
Bill compared with:
Appropriation, fiscal year 2023................... -300,000
Budget request, fiscal year 2024.................. -300,000
The Criminal Justice Coordinating Council (CJCC) provides a
forum for District of Columbia and Federal law enforcement to
identify criminal justice issues and solutions and improve the
coordination of their efforts. In addition, the CJCC developed
and maintains the Justice Integrated Information System, which
provides for the seamless sharing of information with Federal
and local law enforcement.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $2,150,000 to
the Criminal Justice Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
Appropriation, fiscal year 2023....................... $630,000
Budget request, fiscal year 2024...................... 898,000
Recommended in the bill............................... 630,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. -268,000
This appropriation provides funding for two judicial
commissions. The first is the Judicial Nomination Commission
(JNC), which recommends a panel of three candidates to the
President for each judicial vacancy in the District of Columbia
Court of Appeals and Superior Court. From the panel selected by
the JNC, the President nominates a person for each vacancy and
submits his or her name for confirmation to the Senate. The
second commission is the Commission on Judicial Disabilities
and Tenure (CJDT), which has jurisdiction over all judges of
the Court of Appeals and Superior Court to determine whether a
judge's conduct warrants disciplinary action and whether
involuntary retirement of a judge for health reasons is
warranted. In addition, the CJDT conducts evaluations of judges
seeking reappointment and judges who retire and wish to
continue service as a senior judge.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $330,000 for
the CJDT and $300,000 for the JNC.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
Appropriation, fiscal year 2023....................... $52,500,000
Budget request, fiscal year 2024...................... 52,500,000
Recommended in the bill............................... 52,500,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $52,500,000
for school improvement. Based on the statutory funding formula,
$8,750,000 is provided for District of Columbia Public Schools,
$17,500,000 is provided for Public Charter Schools, and
$26,250,000 is provided for Opportunity Scholarships.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
Appropriation, fiscal year 2023....................... $600,000
Budget request, fiscal year 2024...................... 600,000
Recommended in the bill............................... 600,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. - - -
The Major General David F. Wherley, Jr. District of
Columbia National Guard Retention and College Access Program
pays the costs of a tuition assistance program for guard
members.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $600,000 for
the Major General David F. Wherley, Jr. District of Columbia
National Retention and College Access Program. The Committee
acknowledges the unique role of the D.C. National Guard in
addressing emergencies that may occur as a result of the
presence of the Federal Government.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
Appropriation, fiscal year 2023....................... $4,000,000
Budget request, fiscal year 2024...................... 5,000,000
Recommended in the bill............................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. -1,000,000
Approximately two percent of the population of the District
of Columbia has been diagnosed with HIV/AIDS. This percentage
surpasses the generally accepted definition of an epidemic,
which is one percent of the population.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $4,000,000
for testing, education, and treatment of HIV/AIDS.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
Appropriation, fiscal year 2023....................... $8,000,000
Budget request, fiscal year 2024...................... 8,000,000
Recommended in the bill............................... 8,000,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. - - -
The Federal payment to the District of Columbia Water and
Sewer Authority supports the D.C. Clean Rivers Project, which
is designed to reduce combined sewer overflows to the Anacostia
and Potomac Rivers and Rock Creek.
District of Columbia Funds
The Committee continues to appropriate local funds to the
District of Columbia in accordance with and required by Article
I, Section 8, clause 17 and Article I, Section 9, clause 7 of
the Constitution. The bill provides local funds for the
operation of the District of Columbia as submitted by the
District of Columbia Council and the Mayor.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $8,000,000
for implementation of the D.C. Clean Rivers project.
TITLE V--INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $3,465,000
Budget request, fiscal year 2024...................... 3,523,000
Recommended in the bill............................... 3,523,000
Bill compared with:
Appropriation, fiscal year 2023................... +58,000
Budget request, fiscal year 2024.................. - - -
The Administrative Conference of the United States (ACUS)
is an independent agency that studies Federal administrative
procedures and processes to recommend improvements to the
President, Congress, and other agencies.
COMMITTEE RECOMMENDATION
The Committee recommends $3,523,000 for ACUS.
Consumer Financial Protection Bureau
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... - - -
Budget request, fiscal year 2024...................... - - -
Recommended in the bill............................... $635,000,000
Bill compared with:
Appropriation, fiscal year 2023................... +635,000,000
Budget request, fiscal year 2024.................. +635,000,000
The Consumer Financial Protection Bureau (CFPB) was
established under title X of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (Public Law 111-203) as a bureau
under the Federal Reserve System. The Act consolidated
authorities previously shared by seven Federal agencies under
Federal consumer protection laws in the CFPB and provided CFPB
with additional authorities to conduct rulemaking, supervision,
and enforcement with respect to Federal consumer financial
laws.
COMMITTEE RECOMMENDATION
The Committee recommends $635,000,000 for the CFBP.
Five-Member Commission.--The CFPB has oversight over a wide
range of consumer financial products. As such, the CFPB's
activities have the potential to significantly affect
consumers' access to credit and the operations of both banks
and non-banks. The Committee believes the Dodd-Frank Wall
Street Reform and Consumer Protection Act provides inadequate
checks on the CFPB's powers. The Committee's experience
overseeing the Federal Communications Commission, the Federal
Trade Commission, the Securities and Exchange Commission, the
Consumer Product Safety Commission, and other Federal agencies
with powers to protect consumers and investors leads the
Committee to conclude that a five-member commission is more
suitable for guiding the CFPB than a single director. A
commission ensures that multiple disciplines, experiences, and
perspectives are brought to bear on CFPB rules, policies, and
enforcement actions. The appointment and removal process and
staggered terms of commissioners can provide checks and
balances on an agency's operations and priorities, as well as a
measure of continuity that a single director cannot.
ADMINISTRATIVE PROVISIONS--CONSUMER FINANCIAL PROTECTION BUREAU
Section 501. The Committee includes a new provision
bringing the CFPB into the regular appropriations process.
Section 502. The Committee includes a new provision making
the CFPB an independent agency led by a commission.
Section 503. The Committee includes a new provision
prohibiting funds from being used to implement Section 1071 of
the Dodd-Frank Act.
Consumer Product Safety Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $152,500,000
Budget request, fiscal year 2024...................... 212,600,000
Recommended in the bill............................... 139,050,000
Bill compared with:
Appropriation, fiscal year 2023................... -13,450,000
Budget request, fiscal year 2024.................. -73,550,000
The Consumer Product Safety Act of 1972 established the
Consumer Product Safety Commission (CPSC), an independent
Federal regulatory agency, to reduce the risk of injury
associated with consumer products.
COMMITTEE RECOMMENDATION
The Committee recommends $139,050,000 for the CPSC. The
recommendation includes $2,500,000 for the Virginia Graeme
Baker Grant Program and the associated administrative costs to
reduce the number of injuries and deaths associated with pools
and spas. The recommendation includes $2,000,000 for the
Nicholas and Zachary Burt Memorial Grant Program and the
associated administrative costs to ensure that families are
protected from carbon monoxide poisoning.
Pool Safely.--Drownings and near-drownings in pools and
spas pose a significant public health risk to our Nation's
children. Drowning is a public health crisis, and it remains
the leading cause of unintentional death for children ages one
to four. The Committee commends the CPSC for establishing the
national and grassroots ``Pool Safely'' campaign, a safety
information and education program designed to reduce child
drownings and near drowning injuries and maintain a zero-
fatality rate for drain entrapments. This multifaceted
initiative includes consumer and industry education efforts,
press events, partnerships, outreach, and advertising.
ADMINISTRATIVE PROVISIONS--CONSUMER PRODUCT SAFETY COMMISSION
Section 510. The Committee continues a provision
prohibiting funds to finalize, implement, or enforce the
proposed rule on recreational off-highway vehicles until a
study is completed by the National Academy of Sciences.
Section 511. The Committee includes a new provision
prohibiting funds made available by this Act from being used by
the CPSC to prohibit the use or sale of gas-powered stoves,
cooktops, ranges, or ovens in the United States.
Election Assistance Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $28,000,000
Budget request, fiscal year 2024...................... 33,807,000
Recommended in the bill............................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -8,000,000
Budget request, fiscal year 2024.................. -13,807,000
The Election Assistance Commission (EAC) is a bipartisan
Federal commission that helps election officials administer and
voters participate in elections. Established by the Help
America Vote Act of 2002 (HAVA), the EAC distributes,
administers, and audits HAVA funds, serves as the Nation's
clearinghouse for information on election administration,
conducts the Election Administration and Voting Survey and
other studies, develops the Voluntary Voting System Guidelines,
accredits testing laboratories and certifies voting systems,
and administers the National Mail Voter Registration Form in
accordance with the National Voter Registration Act of 1993.
COMMITTEE RECOMMENDATION
The Committee recommends $20,000,000 for the Salaries and
Expenses of the EAC, of which $1,500,000 shall be made
available to the National Institute of Standards and Technology
(NIST) for election reform activities authorized under HAVA.
Federal Communications Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $390,192,000
Budget request, fiscal year 2024...................... 410,743,000
Recommended in the bill............................... 381,950,000
Bill compared with:
Appropriation, fiscal year 2023................... -8,242,000
Budget request, fiscal year 2024.................. -28,793,000
The mission of the Federal Communications Commission (FCC)
is to implement and enforce the Communications Act of 1934 and
assure the availability of high-quality communications services
for all Americans.
COMMITTEE RECOMMENDATION
The Committee recommends $381,950,000 for the Salaries and
Expenses of the FCC, to be derived from offsetting collections.
The Committee also includes a cap of $136,167,000 for the
administration of spectrum auctions.
Broadband Maps.--The FCC has begun releasing versions of a
new locations-based National Broadband Map and requested
consumers, State, local and Tribal government entities, and
other stakeholders to help verify the accuracy of the data in
order to identify unserved and underserved locations in
communities, which are most in need of funding for high-speed
broadband internet infrastructure investments. The National
Telecommunications and Information Administration (NTIA) will
use a version of the National Broadband Map--as modified by the
FCC to address accuracy issues identified by stakeholders--to
distribute approximately $42 billion provided by Congress to
States and Territories to build broadband infrastructure in
unserved and underserved eligible areas. States and Territories
are then directed to use the National Broadband Map as the
basis, with limited updates from a challenge process to ensure
accuracy, to award funds for broadband deployments projects.
The FCC is directed to brief the Committee within 90 days of
enactment of this Act, regarding the FCC's approach to
resolving filed challenges to the National Broadband Map, any
ongoing accuracy issues with the National Broadband Map, and
plans for ensuring future accuracy.
Rip and Replace Report.--The Committee is aware the FCC's
ongoing process to address certain Chinese communications
equipment and services through the Secure and Trusted
Communications Network Act of 2019. This Rip and Replace
program is intended to ensure the removal of equipment on the
Covered List that poses a national security threat; it is
essential to remove this untrusted telecommunications
equipment, including that made by Huawei and ZTE, from our
networks to protect American interests, privacy, and
intellectual property. These companies are subject to the whims
of the Chinese Communist Party and are known to have engaged in
espionage, intellectual property theft, and failures to provide
key security. The Committee requests a briefing from the FCC on
the status of Chinese technology and equipment eligible for the
Rip and Replace program, including information on the number of
at-risk networks, the number of grant requests outstanding, and
key security vulnerabilities the FCC has identified through the
program within 60 days of enactment of this Act.
Supply Chain Reimbursement Program.--In the disbursement of
Supply Chain Reimbursement Program funds, the FCC has a
statutory obligation to disburse funds first to approved
applicants that have 2,000,000 or fewer customers for removal
and replacement of covered communications equipment. The
Committee further recommends the FCC to prioritize those
carriers with the eligible telecommunications carrier
designation. The FCC's program is intended to support these
networks funded under its High-Cost universal service program
in the hardest to serve.
5G Fund.--The Committee continues to recognize the need to
address the digital divide, including the need to bring mobile
5G services to unserved and underserved communities. The
Committee is concerned that the current $9 billion budget for
the 5G Fund for Rural America will not be sufficient to support
nationwide 5G services. The Committee directs the FCC to
allocate sufficient resources in the Universal Service Fund
(USF) to establish a greater 5G Fund budget needed to preserve
and expand mobile 5G connectivity nationwide and update the 5G
Fund framework to reflect changes in technology and service
since the FCC established the 5G Fund.
Eligible Telecommunications Carrier Designation.--The
Committee believes the eligible telecommunications carrier
(ETC) requirement continues to play an important role in
safeguarding against waste, fraud, and abuse, and ensuring that
Federal high-cost USF support goes to reliable network
providers that are capable of offering high quality broadband
and voice, including 9-1-1 service. In the context of the high-
cost USF program specifically, where significant amounts of
ratepayer resources are distributed to a single provider in a
given area, as the recent Rural Digital Opportunity Fund proved
quite clearly, the ETC requirement promotes local
accountability and makes sure states have a role in determining
which carrier will become the provider of last resort in the
rural areas of each state. Moreover, states are uniquely
qualified to examine closely the qualifications of would-be
recipients of USF and to carry out the ETC-designation role
given their proximity to and familiarity with each state's
rural areas and operators.
Enhanced Flight Vision Systems.--The Committee notes that
operations of a 95GHz radar for use in Enhanced Flight Vision
Systems (EFVS) would provide great public benefit by decreasing
the number of flight delays and aborted or delayed landings due
to low visibility conditions. The Committee encourages the FCC
to take prompt action to make EFVS technology available to the
American public.
USF Edge-Provider.--The Committee directs the FCC to brief
the Committee within 120 days of enactment of this Act on the
demands associated with provider data transmitted over rural
broadband networks, including an estimate on the quantity of
edge provider data transmitted and all costs associated with
the process.
E-rate for School Cybersecurity.--The Committee is
concerned about the increasing number of ransomware and other
cyberattacks on schools and libraries around the country. The
FCC's E-Rate program funds broadband connectivity for those
institutions but the program's cybersecurity provisions have
become grossly outdated. The FCC has initiated a proceeding
seeking public comment on potential changes to the E-Rate
program's support for cybersecurity products and services.
Within 90 days of enactment of this Act and in advance of the
FCC's publication of its 2024 Eligible Services List, the FCC
is directed to conclude its proceeding by modernizing the E-
Rate program to permit schools and libraries to use E-Rate
funds for the cybersecurity protections recommended by the
Department of Homeland Security's Cybersecurity and
Infrastructure Security Agency, subject to the program's
existing overall cap. Within 30 days of enactment of this Act,
the FCC is directed to submit a report to the Committee on its
efforts to ensure that schools and libraries have additional
flexibility under the E-Rate program to purchase cybersecurity
products and services that will help protect their networks and
confidential student and employee data from cyberattacks.
Universal Service Fund Comment Period.--In recognition of
the ongoing rapidly changing communications industry landscape,
the Committee believes it is imperative that: (1) the FCC seek
public comment this fiscal year on any reform proposals that
have been submitted to the commission or otherwise previously
considered that would promote the sustainability and viability
of the USF and resolve inequities in the current contributions
structure (the ``Reform Objectives''); and (2) the FCC act as
soon as possible following review of that record to adopt
reforms that will achieve the Reform Objectives.
Affordable Connectivity Program Report.--The Committee
commends FCC for its role in implementing both the Emergency
Broadband Benefit and its permanent successor the Affordable
Connectivity Program (ACP). ACP in particular was appropriated
$14.2 billion by Congress. Over 18 million households are
participating in ACT. The Committee requests a report on the
progress of ACP within 30 days of enactment of this Act, which
should include unobligated funding levels as well as household
enrollment data and state uptake.
Rural Broadband Access.--The Committee believes that
deployment of broadband in rural and economically disadvantaged
areas is a driver of economic development, jobs, and new
educational opportunities. The Committee supports the FCC's
efforts to judiciously allocate the USF to these areas.
Spectrum Authority.--The Committee recognizes that making
additional mid-band spectrum available for commercial use is
crucial for the United States' leadership in the 5G race. As
such, within 30 days of enactment of the Act, the Commission is
directed to brief the Committees of jurisdiction on their
authority to allow temporary use of spectrum.
ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION
Section 520. The Committee continues a provision extending
an exemption from the Antideficiency Act for the USF.
Section 521. The Committee continues a provision
prohibiting the FCC from changing rules governing the USF
regarding single connection or primary line restrictions.
Section 522. The Committee includes a new provision on the
Lifeline Minimum Service Standard.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
Appropriation, fiscal year 2023....................... $47,500,000
Budget request, fiscal year 2024...................... 49,839,000
Recommended in the bill............................... 46,500,000
Bill compared with:
Appropriation, fiscal year 2023................... -1,000,000
Budget request, fiscal year 2024.................. -3,339,000
Funding for the OIG at the Federal Deposit Insurance
Corporation (FDIC) is provided pursuant to 31 U.S.C.
1105(a)(25), which requires a separate appropriation for each
OIG established under section 11(2) of the Inspector General
Act of 1978.
COMMITTEE RECOMMENDATION
The Committee recommends $46,500,000 from the Deposit
Insurance Fund and the Federal Savings and Loan Insurance
Corporation Resolution Fund to finance the OIG.
Federal Election Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $81,674,000
Budget request, fiscal year 2024...................... 93,483,000
Recommended in the bill............................... 74,500,000
Bill compared with:
Appropriation, fiscal year 2023................... -7,174,000
Budget request, fiscal year 2024.................. -18,983,000
The Federal Election Commission (FEC) administers the
disclosure of campaign finance information, enforces
limitations on contributions and expenditures, and performs
other tasks related to Federal elections.
COMMITTEE RECOMMENDATION
The Committee recommends $74,500,000 for the Salaries and
Expenses of the FEC.
Federal Labor Relations Authority
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $29,400,000
Budget request, fiscal year 2024...................... 33,737,000
Recommended in the bill............................... 28,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -1,400,000
Budget request, fiscal year 2024.................. -5,737,000
Established by title VII of the Civil Service Reform Act of
1978, the Federal Labor Relations Authority (FLRA) serves as a
neutral arbiter in the labor activities of non-postal Federal
employees, Departments and agencies, and Federal unions on
matters outlined in the Act, including collective bargaining
and the settlement of disputes. Establishment of the FLRA
recognized the role of the Federal Government as an employer.
Under the Foreign Service Act of 1980, the FLRA also addresses
similar issues affecting Foreign Service personnel by providing
staff support for the Foreign Service Impasse Disputes Panel
and the Foreign Service Labor Relations Board.
COMMITTEE RECOMMENDATION
The Committee recommends $28,000,000 for the FLRA.
Federal Permitting Improvement Steering Council
Appropriation, fiscal year 2023....................... - - -
Budget request, fiscal year 2024...................... $10,000,000
Recommended in the bill............................... 9,775,000
Bill compared with:
Appropriation, fiscal year 2023................... +9,775,000
Budget request, fiscal year 2024.................. -225,000
This account funds the authorized activities of the
Environmental Review Improvement Fund and the Federal
Permitting Steering Council (FPISC). The FPISC leads ongoing
government-wide efforts to modernize the Federal permitting and
review process for major infrastructure projects and works with
Federal agency partners to implement and oversee adherence to
the statutory requirements set forth in the Fixing America's
Surface Transportation Act.
COMMITTEE RECOMMENDATION
The Committee recommends $9,775,000 for the FPISC.
Tribal Engagement.--The Committee supports the
establishment of a program to transfer funds directly to
Federally recognized tribes to facilitate participation in the
Federal review and authorization of FAST-41 projects. The
Committee directs the FPISC to begin disbursing funds to tribes
within 90 days of the enactment of this Act, if it has not done
so already, in order to facilitate Tribal engagement in timely,
transparent, efficient, and thorough environmental reviews for
FAST-41 covered projects.
Federal Trade Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $430,000,000
Budget request, fiscal year 2024...................... 590,000,000
Recommended in the bill............................... 376,530,000
Bill compared with:
Appropriation, fiscal year 2023................... -53,470,000
Budget request, fiscal year 2024.................. -213,470,000
The mission of the Federal Trade Commission (FTC) is to
enforce various Federal antitrust and consumer protection laws.
Appropriations for both the Antitrust Division of the
Department of Justice and the FTC are partially financed by
Hart-Scott-Rodino Act premerger filing fees. The FTC's
appropriation is also partially offset by Do-Not-Call registry
fees.
COMMITTEE RECOMMENDATION
The Committee recommends $376,530,000 for the Salaries and
Expenses of the FTC. The Congressional Budget Office estimates
$278,000,000 of collections from Hart-Scott-Rodino premerger
filing fees and $14,000,000 of collections from Do-Not-Call
fees, which partially offset the appropriation requirement for
this account.
Stopping Unethical Domestic Adoption Practices.--The
Committee is highly concerned by the proliferation of
unlicensed adoption intermediaries increasingly engaging in
fraudulent or deceptive practices concerning domestic private
adoption. The Committee is aware of the growing practice of
entities operating on a for-profit basis and charging
exorbitant fees (e.g., `finder's fee' or `matching fee') to
hopeful adoptive parents in exchange for matching services and/
or facilitating interstate adoption services. In many cases,
these brokers engage in illegal or deceptive advertising
practices potentially in violation of consumer protection laws.
The Committee directs the FTC to address this issue by
investigating unfair, deceptive, and fraudulent business
practices and to evaluate the necessary resources for the
enforcement of statutory violations in these matters. The FTC
shall provide a report to the Committee within 180 days of
enactment of this Act on the findings and enforcement actions
taken on this issue.
Marketing Claims.--The Committee is aware of ongoing
coordinated efforts by the FTC to review guidelines for
marketers with regard to environmental claims, including the
review of the FTC's Green Guides. The Committee directs the FTC
to engage in comprehensive efforts on this matter and to
provide a report to the Committee within 90 days of enactment
of this Act on the progress of the review.
Company Trade Secrets.--The Committee is concerned about
the sharing of company trade secrets as well as commercial and
financial information with third parties and external
stakeholders. The Committee would like to remind the FTC of the
numerous statutes that address this matter including 15 U.S.C.
Sec. 46(f), the Federal Trade Commission Act.
Contact Lenses.--The Committee continues to support the
longstanding regulation and oversight of the contact lens
marketplace, including enforcement of the Contact Lens Rule's
verification and prescription release requirements and
coordination with the Food and Drug Administration to protect
patient safety.
Unfair Practices Enforcement Cases.--The FTC is directed
to include in the budget a description of each enforcement
action brought using an administrative or judicial process for
``unfair or deceptive acts or practices'' under Section 5(a) of
the FTC Act. The description for each such enforcement action
shall include a summary of the budgetary resources used to
pursue the case. Each description shall also provide a brief
summary of the evidence and facts used by the FTC to prove that
the (1) practice causes or is likely to cause substantial
injury to consumers, (2) the injury is not reasonably avoidable
by the consumers themselves, and (3) the injury is not
outweighed by countervailing benefits to consumers or
competition.
HSR Aggregation.--The Committee recognizes the importance
of the Hart-Scott-Rodino Improvements Act (HSR) to protect
consumers from anticompetitive behavior. The Committee cautions
the FTC against using the Act in a way that was not intended by
Congress, specifically with respect to aggregation requirements
for HSR filings that would apply to registered investment
companies. Mutual funds, including those managed by a common
investment adviser, are by law separate entities with
independent investment objectives and strategies that are
wholly owned by respective fund shareholders. Requiring the
aggregation of holdings across multiple funds that share a
common adviser and other entities will lead to arbitrary
investment caps, increased costs to funds due to additional HSR
filings, and index fund tracking errors due to the required
pause in carrying out transactions, among other detrimental
effects. This will impair the ability of funds to meet their
shareholders' investment objectives, including saving for
retirement and education. Further, aggregation will harm US
issuers who rely on investments by funds and other
institutional investors to raise capital. An aggregation
requirement is inconsistent with how the HSR Act is
fundamentally intended to apply to transactions for investment-
only purposes. The Committee expects the FTC to respect
congressional intent with respect to HSR rulemakings.
Direct Selling.--The committee is aware the FTC has
proposed complicated and comprehensive rulemakings that would
have significant impact on entrepreneurs and industry. The
Committee is concerned that the FTC's proposed rules will
unnecessarily hamper entrepreneurs and place an undue burden on
the industry. The Committee expects the FTC to ensure that any
final rule avoids broadly sweeping in direct selling companies
as the FTC indicated it would be ``too blunt an instrument''
for the industry and that broad coverage of the rule for direct
sellers provided ``no countervailing benefit to consumers.''
ADMINISTRATIVE PROVISIONS--FEDERAL TRADE COMMISSION
Section 530. The Committee includes a new provision to
prohibit funds for the implementation and enforcement of the
Motor Vehicle Dealers Trade Regulation Rule.
Section 531. The Committee includes a new provision
prohibiting further regulatory action on the Earning Claims and
Business Opportunity rulemakings until a clear statement of
need is made or other industry analysis is conducted.
Section 532. The Committee includes a new provision
prohibiting the July 9, 2021, Statement of the Commission on
the Withdrawal of the Statement of Enforcement Principles
Regarding ``Unfair Methods of Competition''.
Section 533. The Committee includes a new provision
prohibiting the October 25, 2021, Statement of the Commission
on Use of Prior Approval Provisions in Merger Orders.
General Services Administration
The Committee continues several reporting requirements for
General Services Administration (GSA) for fiscal year 2024 and
includes new reporting requirements.
Takings and Exchanges.--Using existing statutory
authorities, GSA has been working to dispose of properties that
no longer meet the needs of Federal agencies in exchange for
assets of like value. Some of these exchanges are very complex
in nature and involve multi-year, multi-party, and multi-
billion-dollar contracts. GSA also has the statutory authority
to take properties. The Committee believes that, in some
instances, employing such authorities can result in savings to
the taxpayer when appropriately executed. In order to provide
increased transparency and remain informed, the Administrator
is directed to report to the Committee not later than 30 days
after the end of each quarter on the use of these authorities.
The report shall include a description of all takings and
exchange actions that occurred or were considered during the
most recently completed quarter of the fiscal year, including
the costs, benefits, and risks for each action. The report
shall also include the planned or considered use of takings and
exchange authorities during the remainder of the fiscal year,
including the costs, benefits, and risks of each action.
Spending Report.--Within 50 days of the end of each
quarter, GSA is directed to submit a spending report to the
Committee. The reports shall include actual obligations
incurred and estimated obligations for the remainder of the
fiscal year for each appropriation in the Federal Buildings
Fund and regular discretionary appropriations. The reports must
also include obligations by object class, program, project, and
activity.
State of the Portfolio.--Within 45 days of enactment of
this Act, the Administrator shall submit to the Committee a
report on the state of the Public Buildings Service real estate
portfolio for fiscal year 2023. The content included in the
report shall be comparable to the tabular information provided
in past State of the Portfolio reports, including, but not
limited to, the number of leases; the number of buildings;
amount of square feet, revenue, expenses by type, and vacant
space; top customers by square feet and annual rent; and
completed new construction, completed major repairs and
alterations, and disposals, in total and by region where
appropriate. The report should include an estimate on
unoccupied space in federally owned buildings and privately
owned buildings with Federal leases.
Future of Federal Office Space.--As required by the
explanatory statement for Public Law 117-328, GSA has not
provided periodic briefings to the Committee on how the Federal
Government can reduce its office space requirements based on
the lessons learned from the use of telework during the COVID-
19 pandemic. The Committee is concerned that GSA has not
adequately planned for the optimal size of the Federal real
estate inventory post-pandemic. Given that over half of Federal
leases are expiring in the next five years, GSA is directed to
report to the Committee within 60 days of enactment of this
Act, and quarterly thereafter, on specific, detailed plans for
Federal office space that remains unoccupied and what
workspaces will return to pre-pandemic occupancy rates or
should be consolidated in Federally-owned buildings and Federal
leases in privately owned buildings.
Login.gov Compliance with Digital Identity Standards.--
According to the GSA OIG, GSA officials misled their Federal
agency customers by claiming that login.gov was compliant with
Federal digital identity guidelines published by NIST. The
Committee is concerned that GSA knowingly billed their
customers over $10 million for login.gov even though the system
did not include a biometric comparison. In addition, GSA
received $187 million from the Technology Modernization Fund
for the login.gov program to increase cybersecurity and
identification and improve identity verification. Within 30
days after the enactment of this Act, GSA must brief the
Committee on how GSA has incorporated the OIG recommendations
in the login.gov program and how GSA used the funds. GSA is
directed to submit a report to the Committee, within 90 days of
enactment of this Act, on these items, as well as its plans to
revamp the login.gov program and include biometric comparison
capabilities that meet the NIST guidelines.
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2023.......... $10,013,150,000
Limitation on availability, budget request, fiscal 10,902,187,000
year 2024............................................
Recommended in the bill............................... 9,297,817,000
Bill compared with:
Availability limitation, fiscal year 2023......... -715,333,000
Availability limitation, fiscal year 2024 request. -1,604,370,000
The Federal Buildings Fund (FBF) finances the activities of
the Public Buildings Service (PBS), which provides space and
services for Federal agencies in a relationship similar to that
of landlord and tenant. The FBF, established in 1975, replaces
direct appropriations with income derived from rent
assessments, which approximate commercial rates for comparable
space and services. The Committee makes funds available through
a process of placing limitations on obligations from the FBF as
a way of allocating funds for various FBF activities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on the availability
of funds of $9,297,817,000 for the FBF.
Historically, prior to obligating funds for prospectus-
level construction, alterations, or leases, GSA has waited for
the project to be authorized through a resolution approved by
the Committee on Transportation and Infrastructure in the House
and the Committee on Environment and Public Works in the Senate
as required by title 40 of the United States Code and in
accordance with the proviso included in the FBF appropriations
limiting the obligation of funds to prospectus-level projects
approved by the authorizing committees. The Committee supports
this process and believes that prospectus-level projects
warrant a thorough review from both the Appropriations
Committee and the authorizing committees. The Committee expects
GSA to continue to follow this process.
Improving Building Resiliency.--GSA is instructed to brief
the Committee within 60 days of enactment of this Act on the
criteria GSA promulgated and issued for Federal resiliency and
sustainability standards for public buildings as directed by
Public Law 117-328.
Executive Office for Immigration Review (EOIR) Court
Space.--The Committee is concerned with the lack of necessary
facilities for immigration judges on the U.S.-Mexico border. In
Federal locations along the U.S.-Mexico border, the Committee
encourages GSA to identify and prioritize the acquisition of
available space for use by EOIR as courtrooms, including
courtrooms where the cases of detained aliens subject to the
Migrant Protection Protocols may be heard. GSA should consult
with the Immigration and Customs Enforcement Office of the
Principal Legal Advisor to explore ways to co-locate Federal
agencies involved in the immigration court process. The
Committee directs GSA to submit a report on its efforts within
90 days of enactment of this Act that includes the resources
necessary to carry out this request.
Ground Source Heat Pumps at Federal Facilities.--The
Committee encourages GSA to consider the full lifecycle cost
and emissions reduction benefits of ground source heat pumps.
The Committee directs GSA to brief the Committee on the current
status of its technology acceleration program for GSA
facilities, as directed by the Energy Independence and Security
Act of 2007. The briefing should include an update on GSA's
review of cost-effective lighting and ground source heat pumps,
as directed by the Act, and the possible inclusion of these
technologies.
Automated External Defibrillators in Public Buildings.--
Sudden cardiac arrest is a leading cause of death for
Americans, and early intervention and timely use of an
automated external defibrillator (AED) significantly improves
the chances of survival. In 2001, Congress required the
creation of a public access defibrillator program that included
voluntary guidelines for deployment of AEDs in Federal
buildings. However, GSA does not systematically require AED
placement as a condition of occupancy of Federal buildings. The
Committee encourages GSA to consider including AED placement
requirements in future revisions to its P100 facilities
standards for public buildings. Such requirements should
harmonize with the existing guidelines published by the
Department of Health and Human Services.
CONSTRUCTION AND ACQUISITION
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2023.......... $807,809,000
Limitation on availability, budget request, fiscal 239,235,000
year 2024............................................
Recommended in the bill............................... 28,290,000
Bill compared with:
Availability limitation, fiscal year 2023......... -779,519,000
Availability limitation, fiscal year 2024 request. -210,945,000
The construction and acquisition fund finances the project
cost of design, construction, and management and inspection
costs of new Federal facilities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $28,290,000 for
the following projects:
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
PR................................ Clemente Ruiz- 28,290,000
Nazario U.S.
Courthouse.
------------------------------------------------------------------------
Mexico-American Border Infrastructure Coordinators.--Mexico
is the second largest importer of all goods into the U.S., in
addition to being the second largest recipient of all goods
exported by the U.S. The Committee is concerned that a lack of
coordination between Customs and Border Protection, GSA, the
Department of Transportation, and other relevant Federal
agencies is hampering freight infrastructure development at the
southwest border, critical to maintaining this bilateral trade
relationship. In fiscal year 2020, the Committee directed GSA
to designate a border infrastructure coordinator in each region
along the southwest border and report to the Committee on its
efforts and any additional resources necessary to establish
these positions. The Committee looks forward to receiving an
update on these efforts within 90 days of enactment of this Act
and directs GSA to continue funding these coordinators in
fiscal year 2024.
Land Ports of Entry Study.--The Committee directs GSA to
submit a preliminary report, not later than 90 days after
enactment of this Act, on the status of obligated funds and
prioritization of funds for modernizing land ports of entry as
obligated in the Infrastructure Investment and Jobs Act (Public
Law 117-58).
Renovation of Tomochichi U.S. Courthouse.--The Committee is
concerned about the progress of the repair and alteration of
the Tomochichi U.S. Courthouse in Savannah, Georgia. The
Committee directs GSA to provide a status update of the ongoing
renovation within 30 days of enactment and as necessary
thereafter to ensure the improvements are completed in a timely
manner without further harm.
Courthouse Feasibility Study.--The Committee recognizes
that Riverside County, California has seen substantial growth
over the past twenty years and recognizes that the George E.
Brown, Jr. Federal Building and United States Courthouse
currently lacks sufficient space for additional judges and
support staff as reflected in the Courthouse receiving a
significant Urgency Evaluation score. The Committee commends
the decision by the United States Judicial Conference to
approve a GSA phase I feasibility study of the George E. Brown
Courthouse and looks forward to a thorough and punctual review
process that will help address the urgent space needs of the
court. The Committee directs GSA, 180 days after enactment of
this Act, to provide the Committee with a briefing on the
status of the study.
Flexible Workspace Services.--The Committee has not yet
received GSA's report on the agency's implementation of its
flexible coworking services contracts, as required in House
Report 117-393. GSA is directed to brief the Committee within
30 days of enactment of this Act on their preliminary findings.
Unused Southwest Border Barrier Material.--GSA is directed
to provide to the Committee, not later than 60 days after
enactment of this Act, a report of all unused materials, such
as steel bollards, purchased for construction of barriers on
the southwest border that remain unused and subject to the
control of the Federal government, including the Department of
Homeland Security and the U.S. Army Corps of Engineers. The
report shall include a description of the types and amounts of
unused materials; an analysis of possession of such materials
among Federal agencies and the associated cost to store such
materials; a description of the planned use of such materials;
and an analysis of whether such materials should be declared
surplus property available to be donated to a state or public
agency, nonprofit organization, or available for public
auction, including an explanation of the determination for any
materials that are not declared surplus property.
REPAIRS AND ALTERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2023.......... $662,280,000
Limitation on availability, budget request, fiscal 1,865,268,000
year 2024............................................
Recommended in the bill............................... 568,848,000
Bill compared with:
Availability limitation, fiscal year 2023......... -93,432,000
Availability limitation, fiscal year 2024 request. -1,296,420,000
The repairs and alterations activity funds the project cost
of design, construction, management and inspection for the
repair, alteration, and modernization of existing real estate
assets in addition to various special programs.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $568,848,000 to
remain available until expended for repairs and alterations.
Major Repairs and Alterations.--The Committee recommends
$106,405,000 for repairs and alterations projects that exceed
the prospectus threshold. The funds are provided to address
GSA's highest priority facility needs as detailed in the budget
submission.
KY................................ Paducah, KY Federal $40,479,000
Building and U.S.
Courthouse.
OK................................ Holloway U.S. $65,926,000
Courthouse and U.S.
Post Office.
Basic Repairs and Alterations.--The Committee recommends
$388,710,000 for non-recurring repairs and alterations projects
between $10,000 and the current prospectus threshold of
$3,613,000.
Special Emphasis Programs.--The Committee recommends
$73,733,000 for special emphasis programs. This funding
includes:
Consolidation Activities.............................. $11,733,000
Fire Protection and Life Safety Program............... $32,000,000
Judicial Capital Security Program..................... $30,000,000
Major Repair and Alteration of Washington, DC Regional
Office Building.--The Committee notes there are significant
cost increases and scope changes with GSA's proposal to
renovate the Regional Office Building (ROB) at 301 7th Street,
SW in Washington, DC. The Committee understands the modernized
ROB will now house employees of the Federal Emergency
Management Agency's Headquarters and the Department of Homeland
Security's (DHS) Management Office. The renovation will require
additional funds than the amount originally authorized and
appropriated in previous fiscal years. GSA and DHS are directed
to provide a joint briefing to the Committee within 60 days of
enactment of this Act on the additional design and construction
costs to modernize the ROB. GSA should pause further action on
issuing a design-build construction award for the ROB
renovation until the Committee is briefed on available options
to fully address concerns related to escalating modernization
costs.
RENTAL OF SPACE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2023.......... $5,561,680,000
Limitation on availability, budget request, fiscal 5,724,298,000
year 2024............................................
Recommended in the bill............................... 5,719,298,000
Bill compared with:
Availability limitation, fiscal year 2023......... +157,618,000
Availability limitation, fiscal year 2024 request. -5,000,000
The rental of space program funds lease payments made to
privately-owned buildings, temporary space for Federal
employees during major repair and alteration projects, and
relocations from Federal buildings due to forced moves and
relocations as a result of health and safety conditions.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $5,719,298,000 for
rental of space. The Committee expects GSA to continue its
efforts to reduce its leased inventory.
U.S. Space Command Headquarters Leases.--The Committee is
concerned about the waste of taxpayer dollars associated with
GSA leases for the United States Space Command headquarters
facilities. Therefore, the Committee directs the Administrator,
in coordination with the Secretary of the Air Force, to provide
a report within 90 days of enactment of this Act regarding all
lease agreements associated with the United States Space
Command headquarters. The report shall include, at a minimum,
the leasing agency requirements, the Occupancy Agreement, the
Lease Agreement, and the timeline with all events for each
lease.
BUILDING OPERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2023.......... $2,981,381,000
Limitation on availability, budget request, fiscal 3,073,386,000
year 2024............................................
Recommended in the bill............................... 2,981,381,000
Bill compared with:
Availability limitation, fiscal year 2023......... - - -
Availability limitation, fiscal year 2024 request. -92,005,000
The building operations account funds services that Federal
agencies in GSA-owned buildings and occasionally in GSA-leased
buildings, when not provided by the lessor, directly benefit
from, such as building security; cleaning; utilities; window
washing; snow removal; pest control; and maintenance of
heating, air conditioning, ventilating, plumbing, sewage,
electrical, elevator, escalator, and fire protection systems.
In addition, this account funds all the personnel and
administrative expenses for carrying out construction and
acquisition, repair and alteration, and leasing activities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $2,981,381,000 for
building operations and maintenance. Not later than 60 days
after enactment of this Act, the Administrator shall submit to
the Committee a spend plan, by region, regarding the use of
these funds.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
Appropriation, fiscal year 2023....................... $71,186,000
Budget request, fiscal year 2024...................... 74,389,000
Recommended in the bill............................... 68,720,000
Bill compared with:
Appropriation, fiscal year 2023................... -2,466,000
Budget request, fiscal year 2024.................. -5,669,000
The Office of Government-Wide Policy provides Federal
agencies with guidelines, best practices, and performance
measures for complying with all the laws, regulations, and
executive orders related to acquisition and procurement,
personal and real property management, travel and
transportation management, electronic customer service
delivery, and use of Federal advisory committees.
COMMITTEE RECOMMENDATION
The Committee recommends $68,720,000 for the Office of
Government-wide Policy.
Chinese Technology and Equipment in Federal Government
Buildings and Leases.--The Committee is aware of GSA's ongoing
process to identify equipment in certain Federal properties and
Federally-leased properties that is on the Federal
Communications Commission Covered List (List of Equipment and
Services Covered by Section 2 of the Secure Networks Act),
which leaves Federal agencies unnecessarily exposed to cyber
vulnerabilities and foreign espionage. It is essential to our
national security that all Chinese technology or equipment,
including that made by Huawei, ZTE, Hikvision, Hytera, and
Dahua, installed in or on Federal Government property or
Federally-leased properties is removed and replaced
expeditiously. These companies are known to be backed, owned,
or operated by the Chinese Communist Party. The Committee
requests an inventory from GSA on the status of Chinese
technology and equipment on Federal property or privately-owned
buildings with Federal leases within 60 days of enactment of
this Act.
First Aid Kit Enhancements.--The Committee is aware that
first aid products endorsed by the Department of Defense's
Committee on Tactical Combat Casualty Care (CoTCC) help to
reduce death or trauma as a result of bleeding. To improve
outcomes in crisis situations, the Committee encourages GSA to
incorporate CoTCC-supported dressings in first aid kits in
Federal buildings, Federal courthouses, and Federal law
enforcement vehicles.
System for Award Management.--The Committee is aware of
challenges with the implementation of GSA's System for Award
Management (SAM) modernization, including delays in issuing
unique entity identifiers to registrants. Within 60 days of
enactment of this Act, GSA is instructed to report to the
Committee on the steps being taken to resolve these issues, the
cost overruns experienced in this program, and a strategic plan
for SAM's future. This report should include a comparison of
the initial cost estimates for the changes to the SAM
registration process and the actual costs realized to date. It
should also include the baseline costs of any contracts let for
the implementation of this program compared to the amounts
spent since award of these contracts, and any other contracts
related to improving SAM. The report should include a
delineation of the steps GSA is taking to repair the problems
that have been identified, and a timeline for completing these
repairs. Finally, the report should lay out GSA's strategic
plan for the future of SAM, including plans to ensure
competition in the acquisition of support services and to
perform fraud screening.
Per Diem Rate Review.--Given the substantial changes in
population following the COVID-19 pandemic, the Committee
encourages GSA to review per diem rates and determine if
metropolitan statistical areas should be used as boundary areas
instead of county lines. GSA should particularly focus on non-
standard per diem rates in cities that have significantly
increased in population since fiscal year 2021, such as Austin,
Charlotte, Dallas, Miami, and Phoenix.
OPERATING EXPENSES
Appropriation, fiscal year 2023....................... $54,478,000
Budget request, fiscal year 2024...................... 58,733,000
Recommended in the bill............................... 50,955,000
Bill compared with:
Appropriation, fiscal year 2023................... -3,523,000
Budget request, fiscal year 2024.................. -7,778,000
This account provides appropriations for activities that
are not feasible for a user fee arrangement. Included under
this heading are personal property utilization and donation
activities of the Federal Acquisition Service; real property
utilization and disposal activities of the PBS; select
management and administration activities including support of
government-wide emergency management activities; and top-level,
agency-wide management communication activities.
COMMITTEE RECOMMENDATION
The Committee recommends $50,955,000 for Operating
Expenses. Within the amount provided, $27,380,000 is for Real
and Personal Property Management and Disposal and $23,575,000
is for the Office of the Administrator.
CIVILIAN BOARD OF CONTRACT APPEALS
Appropriation, fiscal year 2023....................... $10,352,000
Budget request, fiscal year 2024...................... 10,597,000
Recommended in the bill............................... 9,580,000
Bill compared with:
Appropriation, fiscal year 2023................... -772,000
Budget request, fiscal year 2024.................. -1,017,000
This account provides appropriations for the Civilian Board
of Contract Appeals (CBCA). The CBCA is charged with
facilitating the prompt, efficient, and inexpensive resolution
of disputes through the use of alternate dispute resolution.
COMMITTEE RECOMMENDATION
The Committee recommends $9,580,000 for the CBCA.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2023....................... $74,583,000
Budget request, fiscal year 2024...................... 78,618,000
Recommended in the bill............................... 69,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -5,583,000
Budget request, fiscal year 2024.................. -9,618,000
The GSA IG provides agency-wide audit and investigative
functions to identify and correct GSA management and
administrative deficiencies that create conditions for existing
or potential instances of fraud, waste, and mismanagement. The
audit function provides internal and contract audits. Internal
audits review and evaluate all facets of GSA operations and
programs, test internal control systems, and develop
information to improve operating efficiencies and enhance
customer services. Contract audits provide professional advice
to GSA contracting officials on accounting and financial
matters relative to the negotiation, award, administration,
repricing, and settlement of contracts. The investigative
function provides for the detection and investigation of
improper and illegal activities involving GSA programs,
personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $69,000,000 for the GSA IG.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
Appropriation, fiscal year 2023....................... $5,200,000
Budget request, fiscal year 2024...................... 5,500,000
Recommended in the bill............................... 5,500,000
Bill compared with:
Appropriation, fiscal year 2023................... +300,000
Budget request, fiscal year 2024.................. - - -
This appropriation provides pensions, office staff, and
related expenses for former Presidents Jimmy Carter, William
Clinton, George W. Bush, Barack Obama, and Donald Trump.
COMMITTEE RECOMMENDATION
The Committee recommends $5,500,000 for allowances and
office staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2023....................... $90,000,000
Budget request, fiscal year 2024...................... 90,000,000
Recommended in the bill............................... 55,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -35,000,000
Budget request, fiscal year 2024.................. -35,000,000
The Federal Citizen Services Fund provides for the salaries
and expenses of GSA's Office of Citizen Services and Innovative
Technologies. The Fund enables citizen access and engagement
with government through an array of operational programs and
direct citizen-facing services. The Fund also provides
electronic or other methods of access to and understanding of
Federal information, benefits, and services to citizens,
businesses, local governments, and the media.
COMMITTEE RECOMMENDATION
The Committee recommends $55,000,000 for the Federal
Citizen Services Fund.
PRE-ELECTION PRESIDENTIAL TRANSITION
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2023....................... - - -
Budget request, fiscal year 2024...................... $10,413,000
Recommended in the bill............................... 10,413,000
Bill compared with:
Appropriation, fiscal year 2023................... +10,413,000
Budget request, fiscal year 2024.................. - - -
The Committee recommends $10,413,000 for the Pre-Election
Presidential Transition appropriation. In accordance with the
Presidential Transition Act of 1963, GSA will provide suitable
office space for Pre-Election transition activities, acquire
communication services and information technology equipment,
provide for printing and supplies associated with the
presidential transition.
TECHNOLOGY MODERNIZATION FUND
Appropriation, fiscal year 2023....................... $50,000,000
Budget request, fiscal year 2024...................... 200,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2023................... -50,000,000
Budget request, fiscal year 2024.................. -200,000,000
This account provides appropriations for the Technology
Modernization Fund (TMF) which is a full cost recovery fund
that finances the transition of IT systems for Federal agencies
to modern IT platforms.
COMMITTEE RECOMMENDATION
The Committee recommendation does not include funding for
the TMF. The Committee notes that the TMF received
$1,000,000,000 in the American Rescue Plan Act of 2022 (Public
Law 117-2). As of the first quarter of 2023, more than
$350,000,000 remains unobligated.
As the TMF approaches the 5-year mark, the Committee
directs GSA and the TMF Board within 60 days of enactment of
this Act to provide a full accounting of TMF project
repayments.
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
Appropriation, fiscal year 2023....................... - - -
Budget request, fiscal year 2024...................... $16,000,000
Recommended in the bill............................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2023................... +4,000,000
Budget request, fiscal year 2024.................. -12,000,000
This account provides appropriations for the purposes of
carrying out actions pursuant to the recommendations of the
Public Buildings Reform Board consistent with Public Law 114-
287.
COMMITTEE RECOMMENDATION
The Committee recommends $4,000,000 for the Asset Proceeds
and Space Management Fund.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2023....................... $5,900,000
Budget request, fiscal year 2024...................... 11,300,000
Recommended in the bill............................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -1,900,000
Budget request, fiscal year 2024.................. -7,300,000
This account is a revolving fund that finances GSA's
administrative services. Examples of these core support
services include: IT management; budget and financial
management; legal services; human resources; equal employment
opportunity services; procurement and contracting oversight;
emergency planning and response; and facilities management of
GSA-occupied space. The Working Capital Fund offices also
provide external administrative services such as human resource
management for other Federal agencies, including small boards
and commissions on a reimbursable basis.
COMMITTEE RECOMMENDATION
The Committee recommends $4,000,000 for the Working Capital
Fund.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 540. The Committee continues a provision providing
authority for the use of funds for the hire of motor vehicles.
Section 541. The Committee continues a provision providing
that funds made available for activities of the Federal
Buildings Fund may be transferred between appropriations with
advance approval of the Committees on Appropriations of the
House and the Senate.
Section 542. The Committee continues a provision requiring
funds proposed for developing courthouse construction requests
to meet appropriate standards and the priorities of the
Judicial Conference.
Section 543. The Committee continues a provision providing
that no funds may be used to increase the amount of occupiable
square feet, provide cleaning services, security enhancements,
or any other service usually provided, to any agency which does
not pay the assessed rent.
Section 544. The Committee continues a provision that
permits GSA to pay small claims (up to $250,000) made against
the Federal Government.
Section 545. The Committee continues a provision requiring
the Administrator to ensure that the delineated area of
procurement for all lease agreements is identical to the
delineated area included in the prospectus unless prior notice
is given to the committees of jurisdiction.
Section 546. The Committee continues a provision requiring
a spend plan for certain accounts and programs.
Section 547. The Committee includes a new provision
prohibiting GSA, or any other Department or agency, from
leasing temporary or permanent facilities for use by the United
States Space Command for headquarters operations until the GSA
Administrator, in coordination with the Secretary of the Air
Force, submits a report to Congress on U.S. Space Command
leased facilities.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $3,000,000
Budget request, fiscal year 2024...................... 3,000,000
Recommended in the bill............................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2023................... -500,000
Budget request, fiscal year 2024.................. -500,000
The Harry S Truman Scholarship Foundation is an independent
agency established by Congress in 1975 (Public Law 93-642) to
encourage exceptional college students to pursue careers in
public service through the Truman Scholarship program. The
Truman Scholarship is a merit-based award available to college
juniors who plan to pursue careers in government or elsewhere
in public service.
COMMITTEE RECOMMENDATION
The Committee recommends $2,500,000 for the Harry S Truman
Scholarship Foundation.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2023....................... $52,000,000
Budget request, fiscal year 2024...................... 61,533,000
Recommended in the bill............................... 49,345,000
Bill compared with:
Appropriation, fiscal year 2023................... -2,655,000
Budget request, fiscal year 2024.................. -12,188,000
The Merit Systems Protection Board (MSPB) is an
independent, quasi-judicial agency established to protect the
civil service merit system. The MSPB adjudicates appeals
primarily involving personnel actions, certain Federal employee
complaints, and retirement benefits issues. The MSPB reports to
the President whether merit systems are sufficiently free of
prohibited employment practices.
COMMITTEE RECOMMENDATION
The Committee recommends $47,000,000 for the MSPB. The
recommendation includes a transfer of $2,345,000 from the Civil
Service Retirement and Disability Fund.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2023....................... $1,800,000
Budget request, fiscal year 2024...................... 2,000,000
Recommended in the bill............................... 1,800,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. -200,000
The General Fund payment to the Morris K. Udall and Stewart
L. Udall Trust Fund is invested in Treasury securities with
maturities suitable to meet the needs of the Fund. Interest
earnings from the investments are used to carry out the
activities of the Morris K. Udall and Stewart L. Udall
Foundation. The Foundation awards scholarships, fellowships,
and grants, and funds activities of the Udall Center. The
Foundation also supports training programs for professionals in
healthcare policy and public policy, such as the Native Nations
Institute (NNI). NNI, based at the University of Arizona,
provides Native Americans with leadership and management
training and analyzes policies relevant to tribes.
COMMITTEE RECOMMENDATION
The Committee recommends $1,800,0000 for the Morris K.
Udall and Stewart L. Udall Trust Fund.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
Appropriation, fiscal year 2023....................... $3,943,000
Budget request, fiscal year 2024...................... 4,044,000
Recommended in the bill............................... 3,296,000
Bill compared with:
Appropriation, fiscal year 2023................... -647,000
Budget request, fiscal year 2024.................. -748,000
The John S. McCain III National Center for Environmental
Conflict Resolution is a Federal program established by Public
Law 105-156 to assist parties in resolving environmental,
natural resource, and public lands conflicts. The National
Center is part of the Morris K. Udall and Stewart L. Udall
Foundation and serves as an impartial, nonpartisan institution
providing professional expertise, services, and resources to
all parties involved in such disputes. The National Center
helps parties determine whether collaborative problem solving
is appropriate for specific environmental conflicts, how and
when to bring all the parties together for discussion, and
whether a third-party facilitator or mediator might be helpful
in assisting the parties in their efforts to reach consensus or
to resolve the conflict. In addition, the National Center
maintains a roster of qualified facilitators and mediators with
substantial experience in environmental conflict resolution and
can help parties in selecting an appropriate neutral
professional.
COMMITTEE RECOMMENDATION
The Committee recommends $3,296,000 for the Environmental
Dispute Resolution Fund.
National Archives and Records Administration
OPERATING EXPENSES
Appropriation, fiscal year 2023....................... $427,520,000
Budget request, fiscal year 2024...................... 443,213,000
Recommended in the bill............................... 427,250,000
Bill compared with:
Appropriation, fiscal year 2023................... -270,000
Budget request, fiscal year 2024.................. -15,963,000
The National Archives and Records Administration (NARA) is
an independent agency established in 1934 to identify, access,
protect, preserve, and make available for use the important
documents and records of all three branches of the Federal
Government. Today, NARA's responsibilities also include
publishing the Federal Register, mediating Freedom of
Information Act disputes, and coordinating controlled
unclassified information.
COMMITTEE RECOMMENDATION
The Committee recommends $427,250,000 for NARA to support
basic operations, services to the public, operation of Public
Libraries, and declassification review.
NARA is also directed to provide to the Committee, within
90 days of enactment of this Act, with comprehensive financial
projections--including revenue and operational cost estimates--
for the Federal Records Centers Program for the next five years
and legislative recommendations for the future of the program.
National Personnel Records Center (NPRC).--The Committee is
aware that veterans have waited up to 18 months for access to
certain military records required by various Federal and
civilian agencies. The Committee directs the NPRC to comply
with the fiscal year 2023 National Defense Authorization Act
that requires NARA to maintain the ``staffing levels and
telework arrangement that enable the maximum processing of
records requests possible in order to achieve the performance
goal of responding to 90 percent of all requests in 20 days or
less . . . ''. Additionally, NARA shall report to the Committee
within 90 days after enactment of this Act on the current
status of staffing at the NPRC, any backlog of records
requests, and the steps it is taking to eliminate the backlog.
In addition, the Committee directs NARA to prioritize and
quickly address any backlogs in digitalizing paper-based
military personnel files and processing veterans' paperwork,
which is necessary for veterans' claims to be processed.
Transition to Electronic Records.--The Committee supports
efforts by OMB and NARA to implement the government's
transition to electronic records, including the issuance of OMB
NARA Memorandum M-23-07. The Committee urges NARA to work with
agencies to minimize any delays to the deadlines specified in
M-23-07.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2023....................... $5,980,000
Budget request, fiscal year 2024...................... 6,400,000
Recommended in the bill............................... 6,400,000
Bill compared with:
Appropriation, fiscal year 2023................... +420,000
Budget request, fiscal year 2024.................. - - -
The NARA OIG provides audits and investigations and serves
as an independent, internal advocate to promote economy,
efficiency, and effectiveness within NARA.
COMMITTEE RECOMMENDATION
The Committee recommends $6,400,000 for the NARA OIG.
REPAIRS AND RESTORATION
Appropriation, fiscal year 2023....................... $22,224,000
Budget request, fiscal year 2024...................... 8,000,000
Recommended in the bill.............................. 8,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -14,224,000
Budget request, fiscal year 2024................. - - -
The NARA Repairs and Restoration account provides for the
repair, alteration, and improvement of Archives facilities and
Presidential libraries nationwide. It enables NARA to maintain
its facilities in proper condition for visitors, researchers,
and employees, as well as to ensure the structural integrity of
its buildings.
COMMITTEE RECOMMENDATION
The Committee recommends $8,000,000 for Repairs and
Restoration.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM
Appropriation, fiscal year 2023....................... $12,000,000
Budget request, fiscal year 2024...................... 10,000,000
Recommended in the bill............................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -2,000,000
Budget request, fiscal year 2024.................. - - -
The National Historical Publications and Records Commission
(NHPRC) program provides for grants to preserve and publish
records that document American history. Administered within
NARA, the NHPRC helps State, local, and private institutions
preserve non-Federal records; helps historical organizations
publish the papers of major figures in American history; and
helps archivists and records managers improve their techniques,
training, and ability to serve a range of information to users.
COMMITTEE RECOMMENDATION
The Committee recommends $10,000,000 for NHPRC grants.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriation, fiscal year 2023....................... $3,500,000
Budget request, fiscal year 2024...................... 4,000,000
Recommended in the bill............................... 3,500,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. -500,000
The Community Development Revolving Loan Fund Program
(CDRLF) was established in 1979 to assist officially designated
low-income credit unions in providing basic financial services
to low-income communities. Low-interest loans and deposits are
made available to assist these credit unions. Loans or deposits
are normally repaid in five years, although shorter repayment
periods may be considered. Technical assistance grants are also
available to low-income credit unions. Earnings generated from
the CDRLF are available to fund technical assistance grants in
addition to funds provided in appropriations acts. Grants are
available for improving operations as well as addressing safety
and soundness issues.
COMMITTEE RECOMMENDATION
The Committee recommends $3,500,000 for the National Credit
Union Administration's (NCUA) CDRLF for technical assistance
grants.
CDRLF Oversight.--To ensure proper oversight capabilities
are in place for CDRLF grant and loan recipients, the NCUA is
directed to brief the Committee within 90 days of enactment of
this Act on how the program is overseen including how the NCUA
ensures grant and loan dollars are used according to the rules
of the program.
Office of Government Ethics
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $24,500,000
Budget request, fiscal year 2024...................... 23,037,000
Recommended in the bill............................... 22,377,000
Bill compared with:
Appropriation, fiscal year 2023................... -2,123,000
Budget request, fiscal year 2024.................. -660,000
The Office of Government Ethics (OGE), established by the
Ethics in Government Act of 1978, partners with other executive
branch Departments and agencies to foster high ethical
standards. OGE issues and monitors rules, regulations, and
memoranda pertaining to the prevention and resolution of
conflicts of interest, post-employment restrictions, standards
of conduct, and financial disclosure for executive branch
employees. OGE is also responsible for creating and running an
electronic financial disclosure system under the Stop Trading
on Congressional Knowledge (STOCK) Act.
COMMITTEE RECOMMENDATION
The Committee recommends $22,377,000 for the OGE.
Office of Government Ethics Compliance Review.--The
Committee is concerned about senior executive branch employees
owning stocks in companies regulated by their employing agency.
The Office of Government Ethics (OGE) is directed to brief the
Committee within 60 days of enactment of this Act on the steps
OGE is taking on ethical compliance across Federal agencies
regarding employees owning stocks that may create a conflict.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF TRUST FUNDS)
Appropriation, fiscal year 2023....................... $385,708,000
Budget request, fiscal year 2024...................... 461,764,000
Recommended in the bill............................... 339,648,000
Bill compared with:
Appropriation, fiscal year 2023................... -46,060,000
Budget request, fiscal year 2024.................. -122,116,000
The Office of Personnel Management (OPM) is the Federal
agency responsible for management of Federal human resources
policy and oversight of the merit civil service system. OPM
provides a government-wide policy framework for personnel
matters, advises and assists agencies (often on a reimbursable
basis), and ensures that agency operations are consistent with
requirements of law. OPM oversees the examination of applicants
for employment; issues regulations and policies on hiring,
classification and pay, training, and investigations; and
manages many other aspects of personnel management. The agency
also operates a reimbursable training program for the Federal
Government's managers and executives. In addition, OPM is
responsible for administering the retirement, health benefits,
and life insurance programs covering most Federal employees,
retired Federal employees, and their survivors.
COMMITTEE RECOMMENDATION
The Committee recommends $164,934,000 for OPM's General
Fund. The Committee also recommends $174,714,000 for
administrative expenses to be transferred from the appropriate
trust funds.
The Committee reminds OPM of its obligation to engage in
prior consultation with and notify the Committee of any
reorganizations, restructurings, new programs, or elimination
of programs as described in title VI of this Act.
Low Staffing at Bureau of Prisons (BOP) Facilities.--The
Committee is concerned with the consistently low staffing
levels at BOP facilities. Low staffing levels forces the BOP to
utilize augmentation staffing, which makes the facilities less
safe and restricts their ability to offer reentry programming
and implement the First Step Act. OPM is directed to analyze
how the General Schedule levels for BOP employees can be
modified or reformed to address concerns about pay-related
matters, and to report on these efforts no later than 90 days
after enactment of this Act.
Direct Hire Authority at BOP Facilities.--The Committee is
concerned with the long process for hiring BOP employees,
particularly when facing a facility-wide staffing crisis. Six
BOP facilities were recently granted direct hire authority to
address their staffing crises, and all six facilities have
successfully improved their staffing levels. Based on this
success, OPM is directed to develop procedures to grant direct
hiring authority to all BOP facilities to address the Bureau-
wide staffing crisis, and to report on these efforts no later
than 90 days after enactment of this Act.
Cybersecurity Workforce.--OPM is directed to expand efforts
to teach Federal personnel responsible for hiring, retention,
and employee development programs government-wide to more
effectively utilize existing hiring authorities, compensation
flexibilities, employee development programs, and other
resources for Federal cyber workforce development.
Retirement Services.--The Committee is concerned with the
lengthy delays to process retirement and survivor claims and
update health insurance benefits, as well as other critical
changes that impact retirement benefits. These delays cause
hardships for Federal annuitants and their families. OPM is
directed to brief the Committee quarterly on OPM's efforts and
progress to reduce these delays. OPM is directed to post on its
website monthly reports indicating the length of time it takes
to process initial retirement claims, applications for survivor
benefits, annuitant health benefit adjustments, and other
Federal Employee Health Benefits and Federal Employee Group
Life Insurance adjustments. Additionally, OPM is expected to
keep the Committee informed on the measures OPM is taking to
decrease the processing delays and improve customer service
levels, including the average time it takes a caller to reach
an OPM operator and the number and percentage of unanswered
calls.
Federal Financial Systems.--The Committee continues to
support OPM's efforts to modernize and replace the Federal
Financial Systems, which is the core centralized accounting
system used to manage OPM's trust funds. OPM is directed to
continue to brief the Committee as outlined in House Report
116-456.
Quarterly Briefings on Modernization.--The Committee is
concerned with OPM's modernization efforts and requests the
continuation of quarterly briefings to the Committees. Each
briefing should include the total IT modernization budget
broken out by project; obligations and unobligated balances by
project; and the progress, anticipated completion date, and
significant concerns for each project.
OPM IT Working Capital Fund.--In fiscal year 2022 OPM
created the Information Technology Working Capital Fund (IT-
WCF) utilizing the authority provided to Federal agencies by
the Modernizing Government Technology Act (Public Law 115-91).
The IT-WCF provides sustained funding to improve and replace
OPM's legacy systems and enhance their cybersecurity posture.
Within 90 days after enactment of this Act, OPM is directed to
brief the Committee on the IT-WCF's balance, oversight and
management, and projects funded through the IT-WCF.
Federal Executive Boards (FEBs).--The Committee opposes
OPM's plan to make FEB funding mandatory for agencies by
requiring them to pay specific sums set by OMB into the OPM
revolving fund, which is intended for voluntary, fee for
service transactions.
Improper Payments.--The Committee is concerned that the OPM
lacks a plan to establish a mechanism to monitor, identify, and
remove ineligible family members who are already enrolled in
Federal Employee Health Benefits (FEHB) plans. The OPM IG has
cited in their October 2022 report on Top Management Challenges
for FY 2023, that this oversight resulted in estimated improper
payments for the program of up to $3 billion. Within 90 days of
enactment of this Act, OPM is directed to brief the Committee
on their plan to monitor, identify, and ensure the eligibility
of family members on FEHB plans.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2023....................... $36,395,000
Budget request, fiscal year 2024...................... 45,784,000
Recommended in the bill............................... 33,233,000
Bill compared with:
Appropriation, fiscal year 2023................... -3,162,000
Budget request, fiscal year 2024.................. -12,551,000
This appropriation provides for the OIG's agency-wide
audit, investigative, evaluation, and inspection functions,
which identify management and administrative deficiencies,
fraud, waste, and mismanagement. The OIG performs internal
agency audits and insurance audits and offers contract audit
services. Internal audits review and evaluate all facets of
agency operations, including financial statements. Evaluation
and inspection services provide detailed technical evaluations
of agency operations. Insurance audits review the operations of
health and life insurance carriers, health care providers, and
insurance subscribers. Contract auditors provide professional
advice to agency contracting officials on accounting and
financial matters regarding the negotiation, award,
administration, repricing, and settlement of contracts. The
investigative function provides for the detection and
investigation of improper and illegal activities involving
programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends a general fund appropriation of
$5,150,000 for the OIG. In addition, the recommendation
includes $28,083,000 from the appropriate trust funds.
Office of Special Counsel
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $31,904,000
Budget request, fiscal year 2024...................... 33,759,000
Recommended in the bill............................... 31,904,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. -1,855,000
The Office of Special Counsel (OSC): (1) investigates
Federal employee allegations of prohibited personnel practices
(including reprisal for whistleblowing) and, when appropriate,
prosecutes before the Merit Systems Protection Board; (2)
provides a channel for whistleblowing by Federal employees; and
(3) enforces the Hatch Act. The OSC may transmit whistleblower
allegations to the agency head concerned and require an agency
investigation and a report to Congress and the President when
appropriate. Additionally, OSC is responsible for the
enforcement of the civilian employment and reemployment rights
of military service members under the Uniformed Services
Employment and Re-employment Rights Act.
COMMITTEE RECOMMENDATION
The Committee recommends $31,904,000 for the OSC.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $10,600,000
Budget request, fiscal year 2024...................... 14,385,000
Recommended in the bill............................... 13,700,000
Bill compared with:
Appropriation, fiscal year 2023................... +3,100,000
Budget request, fiscal year 2024.................. -685,000
The Privacy and Civil Liberties Oversight Board (the Board)
is an independent agency within the Executive Branch whose
purpose is to (1) analyze and review actions the Executive
Branch takes to protect the nation from terrorism, ensuring
that the need for such actions is balanced with the need to
protect privacy and civil liberties; and (2) ensure that
liberty concerns are appropriately considered in the
development and implementation of laws, regulations, and
policies related to efforts to protect the nation against
terrorism. The Board consists of four part-time members and a
full-time chairman.
COMMITTEE RECOMMENDATION
The Committee recommends $13,700,000 for the Board.
Public Buildings Reform Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $4,000,000
Budget request, fiscal year 2024...................... 4,000,000
Recommended in the bill............................... 3,605,000
Bill compared with:
Appropriation, fiscal year 2023................... -395,000
Budget request, fiscal year 2024.................. -395,000
The Public Buildings Reform Board was created under the
Federal Assets Sale and Transfer Act of 2016 to identify
opportunities for the Government to significantly reduce its
inventory of civilian real property and reduce cost to the
Government.
COMMITTEE RECOMMENDATION
The Committee recommends $3,605,000 funds for the Public
Buildings Reform Board.
Securities and Exchange Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $2,209,770,000
Budget request, fiscal year 2024...................... 2,475,488,000
Recommended in the bill............................... 2,039,321,000
Bill compared with:
Appropriation, fiscal year 2023................... -170,449,000
Budget request, fiscal year 2024.................. -436,167,000
The primary mission of the Securities and Exchange
Commission (SEC) is to protect investors, maintain the
integrity of the securities markets, and assure adequate
information on the capital markets is made available to market
participants and policymakers. To facilitate this, the SEC
monitors the capital markets, ensures full disclosure of all
appropriate financial information, regulates the Nation's
securities markets, and takes action to prevent fraud and
malpractice in the securities and financial markets.
COMMITTEE RECOMMENDATION
The Committee recommends $1,999,663,000 for SEC Salaries
and Expenses, to be fully derived from offsetting fee
collections. In addition, the Committee recommends $25,243,000
for costs associated with the SEC's District of Columbia
headquarters facilities and $14,415,000 for costs associated
with the SEC's Atlanta regional office, to be fully derived
from offsetting fee collections. The Committee expects the SEC
to keep the Committee informed of any notable developments.
Digital Asset Accounting Standards.--The SEC issued Staff
Accounting Bulletin 121 (SAB 121), new regulatory guidance
relating to the accounting treatment of digital assets for
public companies. The SEC is directed to consult with the
prudential regulators to determine how SAB 121 affects insured
depository institutions and revise SAB 121 to conform with
existing prudential standards on insured depository
institutions for the custody of digital assets.
Economic Analysis.--The Committee encourages the SEC to
consider an SEC Memorandum published on March 16, 2012, on
``Current Guidance on Economic Analysis in SEC Rulemakings''.
The Committee notes that this Memorandum restates statutory
obligations to conduct regulatory economic analysis. The
Committee is concerned that the separation of analysis of
overlapping rulemakings has minimized projected economic costs.
Before finalizing rules classified by the Office of Management
and Budget as Significant Economic Rulemakings, the Committee
directs the SEC to conduct a full economic analysis on the
aggregate impact of the SEC's proposed and final rulemakings
since 2021.
Reporting on Influence of Public Companies.--The Committee
is concerned that managers of large index funds which file
short-form disclosures on Schedule 13G instead of 13D may have
a control purpose or effect with some of their portfolio
companies which should preclude their ability to use Schedule
13G. The Committee notes that Schedule 13D allows regulators
and investors more information on concessions or direction
given or negotiated by large asset managers to their public
portfolio companies which will shed light onto the strategies
employed by these large asset managers to influence public
companies. The Committee directs the SEC to report to the
Committee within 120 days of enactment of this Act on large
asset managers' compliance with Section 13D and their ability
to control or influence their portfolio companies.
Private Fund Advisers Rule Analysis.--The Committee directs
the SEC to reconduct a full economic analysis for the Private
Fund Advisers proposal before finalization of the rule,
ensuring the analysis adequately considers the disparate impact
on underserved businesses and communities. The Committee notes
that more detailed analysis will not only improve the quality
of proposed rules, but also help increase public confidence in
the SEC's regulatory process.
Reforming the Registration Process for Registered Index
Linked Annuities.--The Committee is concerned that the current
registration process for registered index linked annuities
(RILAs) is cumbersome and requires significant information not
needed for other registered insurance products and is pleased
that the SEC is currently creating a tailored filing form for
RILAs as required by Congress that will address those concerns.
In this respect, when creating the new form, the Committee
encourages the SEC to permit the use of financial statements
that are prepared based upon state insurance accounting
standards.
Unpaid Arbitration Awards.--The Committee is concerned that
the Financial Industry Regulatory Authority (FINRA) has failed
to undertake steps to address unpaid arbitration awards by its
members. Within 180 days of enactment of this Act, the
Commission shall submit to Congress a report summarizing
FINRA's ongoing and planned efforts to reduce and eliminate the
occurrence of unpaid judgements.
ADMINISTRATIVE PROVISIONS--SECURITIES AND EXCHANGE COMMISSION
Section 550. The Committee includes a new provision
prohibiting the use of funds to finalize or enforce the
proposed Climate Disclosure rule titled ``The Enhancement and
Standardization of Climate-Related Disclosures for Investors''.
Section 551. The Committee includes a new provision
prohibiting the use of funds to implement or enforce the
proposed regulation titled ``Open-End Fund Liquidity Risk
Management Programs and Swing Pricing: Form N-Port Reporting''.
Section 552. The Committee includes a new provision
prohibiting the use of funds to finalize, implement, or enforce
the rulemakings entitled ``Regulation Best Execution'', ``Order
Competition Rule'', and ``Regulation NMS: Minimum Pricing
Increments, Access Fees, and Transparency of Better Priced
Order''.
Section 553. The Committee includes a new provision
prohibiting the use of funds by the SEC to compel a private
company to make a public offering through a change in the
definition of ``held of record''.
Section 554. The Committee includes a new provision
prohibiting the use of funds to finalize, implement, or enforce
the rulemaking entitled ``Safeguarding Advisory Client
Assets''.
Section 555. The Committee includes a new provision
prohibiting the collection of personally identifiable
information (PII) under the Consolidated Audit Trail (CAT) as
well as a report by the Government Accountability Office (GAO)
on the privacy concerns, constitutionality, and authority of
the SEC to collect PII.
Section 556. The Committee includes a new provision
prohibiting the use of funds to finalize, implement, or
enforce, the rulemaking entitled ``Amendments Regarding the
Definition of ``Exchange'' and Alternative Trading Systems
(ATSs) That Trade U.S. Treasury and Agency Securities, National
Market System (NMS) Stocks, and Other Securities''.
Selective Service System
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $31,700,000
Budget request, fiscal year 2024...................... 31,300,000
Recommended in the bill............................... 31,300,000
Bill compared with:
Appropriation, fiscal year 2023................... -400,000
Budget request, fiscal year 2024.................. - - -
The Selective Service System was established by the
Selective Service Act of 1948. The mission of the System is to
be prepared to supply manpower to the Armed Forces adequate to
ensure the security of the United States during a time of
national emergency. Since 1973, the Armed Forces have relied on
volunteers to fill military manpower requirements, but
selective service registration was reinstituted in July 1980.
COMMITTEE RECOMMENDATION
The Committee recommends $31,300,000 for the Selective
Service System.
Small Business Administration
The Small Business Administration (SBA) assists and
protects the interests of small businesses through programs
including loans, loan guarantees, counseling, and contracting
preferences.
The Committee recommends a total of $823,114,000 for SBA.
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $326,000,000
Budget request, fiscal year 2024...................... 394,277,000
Recommended in the bill............................... 278,378,000
Bill compared with:
Appropriation, fiscal year 2023................... -47,622,000
Budget request, fiscal year 2024.................. -115,899,000
COMMITTEE RECOMMENDATION
The Committee recommends $278,378,000 for SBA Salaries and
Expenses.
Veteran Certification.--The recommendation includes
$20,500,000, as requested, to support costs related to the
certification of veteran-owned small businesses and service-
disabled veteran-owned small businesses.
Assisting America's Rural Small Businesses.--The Committee
recognizes the importance of small businesses to rural
communities across the nation as a driver of goods and services
and as employers of rural Americans. The Committee encourages
the SBA to support rural small businesses and to enhance its
outreach and communication to small businesses that serve less
densely populated areas. Within 120 days of enactment of this
Act, the Committee directs the SBA to report to the Committee
on its efforts to reach underserved rural small businesses.
Small Business Administration Responsiveness.--The SBA
currently administers several types of programs to support
small businesses, including tools to enhance small businesses'
access to capital; contracting programs to increase small
businesses' opportunities in federal contracting; homeowners,
and businesses to aid in their recovery from natural disasters;
and small business management and technical assistance training
programs to assist in business formation and expansion.
Recently, there have been concerns about the agency's ability
to respond to constituents that utilize or seek to utilize its
services. Within 120 days of enactment of this Act, the SBA is
directed to brief the Committee on how it approaches customer
service, its response time for requests, and planned customer
service enhancements.
Oversight Report.--The Committee is concerned with the
oversight capabilities of the SBA as its government guaranteed
lending programs continue to grow, especially in the aftermath
of the Paycheck Protection Program, and other COVID-19 relief
measures, and given the recent finalized rule that removes the
moratorium on Small Business Lending Companies (SBLCs) that
operate within the SBA's 7(a) Loan Program that has been in
place since the early 1980s due to a lack of oversight at the
SBA. The Committee directs the SBA to provide a comprehensive
report within 120 days after enactment of this Act on the
oversight capabilities of the SBA in light of new non-
traditional lenders entering the SBA's programs. This report
should include an analysis of the subsidy rate over the next
seven fiscal years within each of its programs, especially the
7(a) Loan Program given the final rulemaking entitled ``Small
Business Lending Company (SBLC) Moratorium Rescission and
Removal of the Requirement for a Loan Authorization''.
COVID-19 Economic Injury Disaster Loans.--The Committee
recognizes that when the Coronavirus Economic Injury Disaster
Loan (COVID EIDL) program closed on May 6, 2022, there were a
significant number of applicants in process whose applications
for funding were hindered by processing delays at the Internal
Revenue Service. The Committee directs the SBA to gather data
on the number of COVID EIDL applicants who were in the process
of applying when program funds were exhausted. The SBA should
assess the number of applicants impacted by the IRS delays,
quantify their unfunded awards, and report to Congress on the
number and dollar amount of unfunded awards by state within 60
days of enactment of this Act.
COVID-19 Assistance and Foreign Based Small Businesses.--
With the SBA disbursing over $1 trillion in assistance over the
last three years to small businesses, it is imperative to
protect and safeguard American taxpayer dollars. Given this
exorbitant amount, the SBA is directed to report to the
Committee within 90 days of enactment of this Act, regarding
the amount of funding going to foreign-based small businesses.
Privacy Personnel Report.--The Committee directs the SBA to
provide a report on the actions taken to address GAO's
recommendation that the Administrator of SBA fully define and
document a process for ensuring that the senior agency official
for privacy or other designated privacy official involved in
assessing and addressing the hiring, training, and professional
development needs of the SBA with respect to privacy.
COVID-19 Fraud.--The Committee is concerned about the June
27, 2023 findings from the SBA Office of Inspector General,
alleging overwhelming potential fraud within the SBA's COVID-19
small business relief programs. The Committee recognizes that
current OIG estimates predict over $200 billion, 17 percent of
all COVID-19 EIDL and Paycheck Protection Program funds, have
been fraudulently obtained by nefarious actors. Given the
alarming rate of potential fraud identified by the OIG, the
Committee directs the SBA to determine precise amounts in
remaining fraudulent disbursements and provide a comprehensive
report on these findings to Congress within 90 days after
enactment of this Act. The Committee further directs the SBA to
include in the report a comprehensive response of oversight
efforts and changes to the fraud risk management systems as a
result of the OIG report.
Regulations Impact on Small Businesses.--Within 90 days of
enactment of this Act, the SBA is directed to report to the
Committee on the economic impact on small business concerns of
all rules issued by the SBA over the last two fiscal years.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
Appropriation, fiscal year 2023....................... $320,000,000
Budget request, fiscal year 2024...................... 334,000,000
Recommended in the bill............................... 299,250,000
Bill compared with:
Appropriation, fiscal year 2023................... -20,750,000
Budget request, fiscal year 2024.................. -34,750,000
SBA's Entrepreneurial Development (ED) programs support
non-credit business assistance to entrepreneurs. The
appropriation includes funding for a network of resource
partners located throughout the United States that provide
training, counseling, and technical assistance to small
business entrepreneurs.
COMMITTEE RECOMMENDATION
The Committee recommends $299,250,000 for ED. The Committee
recommendations, by program, are displayed in the following
table:
7(j) Technical Assistance Program (Contracting $3,500,000
Assistance)..........................................
Entrepreneurship Education............................ 1,250,000
Federal and State Technology (FAST) Partnership 6,000,000
Program..............................................
HUBZone Program....................................... 3,000,000
Microloan Technical Assistance........................ 41,000,000
National Women's Business Council..................... 1,500,000
Native American Outreach.............................. 5,000,000
PRIME Technical Assistance............................ 7,000,000
Regional Innovation Clusters.......................... 8,000,000
SCORE................................................. 17,000,000
Small Business Development Centers (SBDC)............. 140,000,000
State Trade & Export Promotion (STEP)................. 20,000,000
Veterans Outreach*.................................... 19,000,000
Women's Business Centers (WBC)........................ 27,000,000
Total, Entrepreneurial Development Programs....... $299,250,000
*Veterans Outreach includes funding for: Boots to Business, Veterans
Business Outreach Centers (VBOC), Veteran Women Igniting the Spirit of
Entrepreneurship (V-Wise), Entrepreneurship Bootcamp for Veterans with
Disabilities (EBV), and Boots to Business reboot.
The SBA shall not reduce these non-credit programs from the
amounts specified above and SBA shall not merge any of the non-
credit programs without advance written approval from the
Committee. The Committee strongly supports the development
programs listed in the table above and will carefully monitor
SBA's support of these programs.
Small Business Development Centers.--The Committee
recognizes the importance of the SBA's Small Business
Development Centers (SBDCs) and their critical role in the
health of the nation's smallest businesses by helping to
provide access capital needed for growth, providing advice on
regulations, preparing for changes in the economy and
technology, and responding when disaster strikes. The Committee
supports efforts by the SBA to fully utilize the country's
entire SBDC network.
Women's Business Centers.--The Committee supports the over
150 Women's Business Centers across the nation and their
efforts to assist the nation's smallest businesses with growth
expansion, and job creation.
SCORE.--With more than 200 SCORE chapters across America,
the Committee recognizes the value of mentorship within the
small business ecosystem. The Committee supports the efforts of
the SBA to ensure the nation's smallest businesses have access
to experienced business leaders from all industries.
Native American Outreach.--The Committee directs the SBA to
enhance its Native American Outreach activities and brief the
Committee within 180 days of enactment of this Act regarding
the specific steps it has taken to reach Native American
businesses.
Tribal Lending Initiative.--The Committee supports efforts
by the Office of Native American Affairs (ONAA) to address and
dismantle barriers experienced by Tribal small businesses and
fisheries seeking to access traditional SBA lending products,
and encourages SBA to establish a Tribal Lending Initiative to
address these challenges. Through this initiative, ONAA is
expected to update guidance for traditional SBA Lending
products and relief programs in consultation with Tribal
Nations, including removing barriers to existing SBA Lending
products, such as the acceptance of Tribally registered
business licenses and Tribal treaty fishery income
verification, the inability of many Tribal small businesses and
fisheries to obtain Federally verified income tax statements,
and complications related to collateral requirements. SBA is
directed to brief the Committee on its progress in establishing
and implementing a Tribal Lending Initiative not later than 60
days after the enactment of this Act.
Investment in Central Appalachia.--The Committee directs
the SBA to strengthen its outreach and prioritize discretionary
funding to distressed counties within the Central Appalachian
region, especially those affected by the 2022 flooding. Such
outreach should focus on helping communities and regions that
have been affected by job losses in coal mining, coal power
plant operations, and coal-related supply chain industries due
to the economic downturn of the coal industry.
Expanding Opportunities for Small Business Owners with
Disabilities.--The Committee notes the progress being made
within the Community Development Financial Institutions (CDFI)
Fund to better serve individuals with disabilities. To this
end, the Committee encourages the SBA to better integrate their
programs with business planning, technical assistance, and
business counseling services for small business owners with
disabilities. The Committee directs the SBA to submit a report
within 60 days after the enactment of this Act and twice a year
thereafter to the Committee that outlines the steps the SBA is
taking to ensure the SBDCs, WBCs, and SCORE chapters are
thoroughly prepared and serving entrepreneurs and innovators
with disabilities. The report should include, but should not be
limited to, a summary of the tools in place, as well as
measurable outcomes such as the number of businesses assisted
and jobs created.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2023....................... $32,020,000
Budget request, fiscal year 2024...................... 47,704,000
Recommended in the bill............................... 32,020,000
Bill compared with:
Appropriation, fiscal year 2023................... - - -
Budget request, fiscal year 2024.................. -15,684,000
The mission of the OIG is to provide independent, objective
oversight to improve the integrity, accountability, and
performance of SBA and its programs.
COMMITTEE RECOMMENDATION
The Committee recommends $32,020,000 for the SBA OIG.
OFFICE OF ADVOCACY
Appropriation, fiscal year 2023....................... $10,211,000
Budget request, fiscal year 2024...................... 10,600,000
Recommended in the bill............................... 9,466,000
Bill compared with:
Appropriation, fiscal year 2023................... -745,000
Budget request, fiscal year 2024.................. -1,134,000
The Office of Advocacy was established by Congress in 1976
to serve as the independent voice for small business within the
Federal Government.
COMMITTEE RECOMMENDATION
The Committee recommends $9,466,000 for the Office of
Advocacy. The Committee supports the Office's mission to reduce
regulatory burdens that Federal policies impose on small
businesses.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2023....................... $171,300,000
Budget request, fiscal year 2024...................... 168,000,000
Recommended in the bill............................... 169,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -2,300,000
Budget request, fiscal year 2024.................. +1,000,000
The SBA Business Loans Program serves as an important
source of capital for America's small businesses. The
recommendation supports the 7(a) Business Loan Program at a
level of $32,500,000,000; the 504 certified development company
program, which includes the 504 commercial real estate
refinance program, at a level of $12,500,000,000; the Secondary
Market Guarantee Program at a program level of $15,000,000,000;
and Small Business Investment Company debenture authority of
$5,000,000,000.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $169,000,000 for the
Business Loans Program Account. The recommendation includes
$6,000,000 for loans subsidy for the Microloan Program to
support a program level of $110,000,000.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2023....................... $179,000,000
Budget request, fiscal year 2024...................... 175,000,000
Recommended in the bill............................... *178,000,000
Bill compared with:
Appropriation, fiscal year 2023................... -1,000,000
Budget request, fiscal year 2024.................. +3,000,000
*The recommendation includes $143,000,000 in disaster relief funding.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $178,000,000 for the
Disaster Loans Program, of which $143,000,000 is designated as
being for disaster relief for major disasters.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
Section 560. The Committee continues a provision
authorizing transfers of up to five percent among SBA
appropriations, provided that transfers do not increase an
appropriation by more than 10 percent. The provision also
requires that transfers be treated as a reprogramming of funds.
Section 561. The Committee continues a provision
authorizing the transfer of not to exceed 3 percent of funding
available under the SBA ``Salaries and Expenses'' and
``Business Loans Program Account'' appropriations to the SBA
``Information Technology System Modernization and Working
Capital Fund''.
Section 562. The Committee includes a new provision to
prohibit funds to carry out enforcement actions for a disaster
loan recipient if that individual is unable to make monthly
payments if the loan recipient is eligible for duplication of
benefits relief but has not yet received Community Development
Block Grant Funds for which they are eligible.
Section 563. The Committee includes a new provision to
prohibit the SBA from further funding or transferring funds to
the COVID-19 era Community Navigators program.
Section 564. The Committee includes a new provision to
prohibit the SBA from funding climate change initiatives from
its Salaries and Expenses account.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
Appropriation, fiscal year 2023....................... $50,253,000
Budget request, fiscal year 2024...................... 75,528,000
Recommended in the bill............................... 35,424,000
Bill compared with:
Appropriation, fiscal year 2023................... -14,829,000
Budget request, fiscal year 2024.................. -40,104,000
The United States Postal Service (USPS) is funded almost
entirely by Postal ratepayers, rather than taxpayers. Funds
provided to USPS in the Payment to the Postal Service Fund
include appropriations for revenue forgone, including for
providing free mail for the blind and for overseas absentee
voting.
COMMITTEE RECOMMENDATION
The Committee recommends $35,424,000 for Payment to the
Postal Service Fund. The recommendation funds free mail for the
blind and overseas voting and includes a reconciliation
adjustment.
Previously, the annual appropriations Act has included a
provision requiring the Postal Service to deliver mail six days
per week. Section 202 of the Postal Service Reform Act of 2022
(PSRA) (Public Law 117-108) requires that the ``Postal Service
shall maintain an integrated network for the delivery of
market-dominant and competitive products'' and that ``Delivery
shall occur at least six days a week, except during weeks that
include a Federal holiday, in emergency situations, such as
natural disasters, or in geographic areas where the Postal
Service has established a policy of delivering mail fewer than
six days a week as of the date of enactment of the Postal
Service Reform Act of 2022.'' In lieu of continuing the
provision in the annual appropriations Act, the Committee
expects USPS shall maintain six-day delivery as specified in
the PSRA. Additionally, the Committee requests that the USPS
notify respective Members of Congress of planned postal
facility closings and/or consolidations in their district.
Discontinue Pilot Program.--The Committee is concerned
about the USPS pilot program that allows business checks to be
cashed for gift cards in postal offices. The Committee believes
the Postal Regulatory Commission should approve these type of
financial transactions at post offices. The Committee strongly
believes the pilot program should not be extended and the USPS
should focus on its core mission of providing the nation with
reliable, affordable, universal mail service.
Election Mail.--The Committee is concerned about the slow
counting of election ballots in recent elections and directs
the USPS to report to Congress within six months of enactment
of this Act, on current processes of election mail
prioritization.
Location of Cluster Box Units.--The Committee continues to
remain concerned about mail theft at external, residential
Cluster Box Units (CBUs) and the vandalizing of these units.
Therefore, the Committee directs USPS to update its handbooks
and guidance to ensure external CBUs in all newly developed
residential neighborhoods are located within the residential
area they serve in a manner that reduces mail theft and
vandalism while ensuring CBUs remain visible and accessible to
the residents. The Committee directs USPS to report to the
Committee on implementation of this directive 90 days after
enactment of this Act, and every 30 days thereafter.
Mail Theft.--The Committee continues to remain very
concerned about mail theft in the United States and the adverse
impact it is having on postal customers, including extended
disruptions of regular service and theft of personally
identifiable information. The Committee also recognizes that
the current process for victims of mail theft in some
localities places an undue burden on customers. Therefore, the
Committee directs USPS to implement a system to provide
customers impacted by two or more instances of mail theft from
external, residential CBUs the option to receive a temporary
Post Office Box at the nearest available USPS-owned and
operated facility, free of charge, until regular mail service
can be resumed to a secure CBU. The Committee directs USPS to
report to the Committee on implementation of this directive 90
days after enactment of this Act, and every 30 days thereafter.
In addition, the Committee directs the USPS to report to
the Committee no later than 60 days after the enactment of this
Act detailing actions it has taken to combat this rise in mail
theft from fiscal years 2020 through 2023. The report should
include the USPS' plan to prevent the theft of mail.
U.S. Postal Service Landscaping.--The Committee is
concerned that some U.S. Postal Service properties are not
being well-maintained. The Committee requests that the Postal
Service provide a written report within 180 days detailing how
the Postal Service ensures its properties are maintained and
landscaped. The report should describe a process by which
senior leadership of the Postal Service will provide adequate
oversight over postal facilities and properties nationwide to
ensure they do not fall into a state of disrepair due to
neglect or poor maintenance.
Accurate Address Listing.--The Committee directs USPS to
conduct an internal review on the numerous instances,
nationwide, where assigned zip-codes overlap municipal
jurisdictions resulting in multiple city listings or incorrect
listings. Given that the USPS recognizes the importance of
last-line city designations, the Committee directs the USPS to
provide a detailed report of their findings within 120 days of
enactment of this Act, including what solutions could be
utilized to ensure proper designations in the future, including
options to designate a single, unique zip code for
jurisdictions affected by this issue including, but not limited
to, Hollywood, Florida; Miami Lakes, Florida; and Eastvale,
California.
Mail Theft Notifications.--The Committee reminds the USPS
of the importance of notifying the affected public when it is
evident that mail has been stolen. Timely notifications can
help victims of mail theft take actions to prevent identity
theft, fraud, and other crimes. The Committee urges the USPS to
make these notifications a priority.
Postal Work Safety.--The Committee is concerned by the
increase in assaults and robberies committed against USPS
employees. The Committee directs the USPS to report to the
Committee no later than 60 days after enactment of this Act on
the actions taken by the USPS to protect its employees from
robberies and assaults during fiscal years 2020 to 2023. The
report should include any plan or strategies the USPS plans to
deploy in the future to keep its employees safe.
Processing Centers.--The Committee remains concerned about
the impact on the citizens of Virginia's Sixth Congressional
District as it relates to closed processing centers and looks
forward to the submission of the report required by House
Report 117-393 on this topic.
Emergency Suspension of Operations.--The Committee is
concerned with the effects that the immediate suspension of
operations at the Mountain City, GA, post office has had on its
surrounding community. The Committee urges USPS to promptly
notify the community of a rural post office when lease
termination--and a subsequent emergency suspension of
operations--is likely, with the goal of providing at least a
30-day advance notice. Additionally, the Committee urges USPS
to provide updates every 60 days following an emergency
suspension to this Committee and to the community of such post
office on the status and expected reopening of said post
office.
Protection of Private Information.--Millions of Americans
received free COVID-19 tests that were delivered by the USPS
after completing an online form. The Committee seeks assurance
by the USPS, that personally identifiable information is and
has always been protected by the USPS, and that no Privacy Act
protected information has been disclosed beyond necessary to
deliver the COVID-19 test kits. The Committee directs the
Postal Service to provide a report to the Committee within 90
days of enactment on how they protected this data.
First-Class Service Standards.--The Committee remains
concerned about service standards for market-dominant mail
products and looks forward to the report requested in House
Report 117-393.
USPS Recruitment and Retention.--The Committee is
concerned about the impact of workforce shortages on timely
delivery of mail. The USPS Inspector General reported that the
USPS continues to struggle with a high rate of non-career
postal employee turnover. Although the Postal Service has been
working to stabilize the non-career employee turnover rate, the
Inspector General reported the rate was 58.9 percent for fiscal
year 2022. The Committee directs the USPS to report to Congress
within 90 days of enactment of this Act on the progress it has
made on the IG's recommendations included in their April 2023
audit report titled, Postal Service's Non-Career Employee
Turnover Follow-Up.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2023....................... $271,000,000
Budget request, fiscal year 2024...................... 290,579,000
Recommended in the bill............................... 274,467,000
Bill compared with:
Appropriation, fiscal year 2023................... +3,467,000
Budget request, fiscal year 2024.................. -16,112,000
The USPS OIG conducts audits, reviews, and investigations
and keeps Congress informed on the efficiency and economy of
USPS programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $274,467,000 for the OIG, which
includes sufficient funds for the OIG to continue its
aggressive drug interdiction efforts.
United States Tax Court
SALARIES AND EXPENSES
Appropriation, fiscal year 2023....................... $57,300,000
Budget request, fiscal year 2024...................... 65,700,000
Recommended in the bill............................... 46,375,000
Bill compared with:
Appropriation, fiscal year 2023................... -10,925,000
Budget request, fiscal year 2024.................. -19,325,000
The United States Tax Court adjudicates controversies
involving deficiencies in income, estate, and gift taxes. The
Court also has jurisdiction to determine deficiencies in
certain excise taxes, to issue declaratory judgments in the
areas of qualifications of retirement plans and exemptions of
charitable organizations, and to decide certain cases involving
disclosure of tax information by the Commissioner of the IRS.
COMMITTEE RECOMMENDATION
The Committee recommends $46,375,000 for the U.S. Tax
Court.
TITLE VI--GENERAL PROVISIONS--THIS ACT
(INCLUDING RESCISSION OF FUNDS)
Section 601. The Committee continues a provision
prohibiting pay and other expenses for non-Federal parties in
regulatory or adjudicatory proceedings funded in this Act.
Section 602. The Committee continues a provision
prohibiting obligations beyond the current fiscal year and
prohibits transfers of funds unless expressly so provided
herein.
Section 603. The Committee continues a provision limiting
procurement contracts for consulting service expenditures to
contracts that are matters of public record and available for
public inspection.
Section 604. The Committee continues a provision
prohibiting transfer of funds in this Act without express
authority.
Section 605. The Committee continues a provision
prohibiting the use of funds to engage in activities that would
prohibit the enforcement of section 307 of the 1930 Tariff Act.
Section 606. The Committee continues a provision concerning
compliance with the Buy American Act.
Section 607. The Committee continues a provision
prohibiting the use of funds by any person or entity convicted
of violating the Buy American Act.
Section 608. The Committee continues a provision specifying
reprogramming procedures. The provision requires that agencies
or entities funded by this Act obtain prior approval from the
Committee for any 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 different from the budget
justifications submitted to the Committees on Appropriations or
the tables in the report accompanying this Act, whichever is
more detailed. The provision also directs agencies to consult
with the Committees prior to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities and directs the agencies funded by this Act to
submit operating plans for the Committee's review within 60
days of the bill's enactment.
Section 609. The Committee continues a provision providing
that fifty percent of unobligated balances may remain available
through September 30, 2025, for certain purposes.
Section 610. The Committee continues a provision
prohibiting funding for the EOP to request either a Federal
Bureau of Investigation background investigation or Internal
Revenue Service determination with respect to section 501(a) of
the Internal Revenue Code of 1986, except with the express
consent of the individual involved in an investigation or in
extraordinary circumstances involving national security.
Section 611. The Committee continues a provision regarding
cost accounting standards for contracts under the Federal
Employee Health Benefits Program.
Section 612. The Committee continues a provision regarding
non-foreign area cost-of-living allowances.
Section 613. The Committee continues a provision
prohibiting the expenditure of funds for abortions under the
Federal Employees Health Benefits Program.
Section 614. The Committee continues a provision that
provides an exemption from section 613 if the life of the
mother is in danger or the pregnancy is a result of an act of
rape or incest.
Section 615. The Committee continues a provision waiving
restrictions on the purchase of non-domestic articles,
materials, and supplies in the case of acquisition of
information technology by the Federal Government.
Section 616. The Committee continues a provision
prohibiting officers or employees of any regulatory agency or
commission funded by this Act from accepting travel payments or
reimbursements from a person or entity regulated by such agency
or commission.
Section 617. The Committee continues a provision requiring
certain agencies in this Act to consult with GSA before seeking
new office space or making alterations to existing office
space.
Section 618. The Committee continues a provision providing
for several appropriated mandatory accounts. These are accounts
where authorizing language requires the payment of funds.
Section 619. The Committee continues a provision that
prohibits funds for the Federal Trade Commission to complete
the draft report on food marketed to children.
Section 620. The Committee continues a provision requiring
that the head of any executive branch agency ensure that the
Chief Information Officer has authority to participate in the
budget planning process and approval of the information
technology budget.
Section 621. The Committee continues a provision
prohibiting funds in contravention of the Federal Records Act.
Section 622. The Committee continues a provision
prohibiting agencies from requiring Internet Service Providers
to disclose electronic communications information in a manner
that violates the Fourth Amendment.
Section 623. The Committee continues a provision
prohibiting funds to be used to deny inspectors general access
to records.
Section 624. The Committee continues a provision relating
to Universal Service Fund payments for wireless providers.
Section 625. The Committee continues a provision
prohibiting any funds made available in this Act from being
used to establish a computer network unless such network blocks
the viewing, downloading, and exchanging of pornography.
Section 626. The Committee continues a provision
prohibiting any funds made available in this Act from being
used to pay for award or incentive fees for contractors with
below satisfactory performance.
Section 627. The Committee continues a provision
prohibiting funds made available under this Act from being used
for certain travel and conference activities unless an agency
or entity determines that the travel is in the national
interest and advance notice is provided to the Appropriations
Committees.
Section 628. The Committee continues a provision
prohibiting funds made available under this Act from being used
to fund first-class or business-class travel in contravention
of Federal regulations.
Section 629. The Committee continues a provision providing
an additional $850,000 for the Inspectors General Council Fund
to expand and update the Federal-wide Inspectors General
website oversight.gov.
Section 630. The Committee continues a provision relating
to contracts for public relations services.
Section 631. The Committee continues a provision relating
to advertising and educational programming.
Section 632. The Committee continues a provision relating
to statements by grantees regarding projects or programs funded
by this agreement.
Section 633. The Committee continues a provision that
prohibits funds for the SEC to finalize, issue, or implement
any rule, regulation, or order requiring the disclosure of
political contributions, contributions to tax-exempt
organizations, or dues paid to trade associations in SEC
filings.
Section 634. The Committee continues a provision requiring
agencies funded in this Act to submit to the Committees
quarterly budget reports on obligations.
Section 635. The Committee includes a new provision
prohibiting the procurement of electric vehicles, electric
vehicle batteries, electric vehicle charging stations or
infrastructure.
Section 636. The Committee includes a new provision
prohibiting the implementation of section 205 of Executive
Order 14008 until a stable supply of domestic-mined critical
minerals can be achieved.
Section 637. The Committee includes a new provision
prohibiting the promotion or advancement of Critical Race
Theory.
Section 638. The Committee includes a new provision
prohibiting the implementation of Executive Orders 13985,
14035, and 14091.
Section 639. The Committee includes a new provision
prohibiting the use of funds to support, directly or
indirectly, the Wuhan Institute of Virology or any laboratory
owned or controlled by the governments of the People's Republic
of China, the Republic of Cuba, the Islamic Republic of Iran,
the Democratic People's Republic of Korea, the Russian
Federation, the Bolivarian Republic of Venezuela under the
regime of Nicolas Maduro Moros, or any other country determined
by the Secretary of State to be a foreign adversary.
Section 640. The Committee includes a new provision that
repeals the Federal Election Commission's prior approval
requirement for corporate member trade association Political
Action Committees.
Section 641. The Committee includes a new provision that
prohibits the use of funds to discriminate against a person who
speaks, or acts, in accordance with a sincerely held religious
belief, or moral conviction, that marriage is, or should be
recognized as, a union of one man and one woman.
Section 642. The Committee includes a new provision
rescinding certain unobligated balances of amounts appropriated
or otherwise made available in Public Law 117-169.
TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFERS OF FUNDS)
Section 701. The Committee continues a provision requiring
agencies to administer a policy designed to ensure that all of
its workplaces are free from the illegal use of controlled
substances.
Section 702. The Committee continues a provision
establishing price limitations on vehicles to be purchased by
the Federal Government with an exemption for the purchase of
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Section 703. The Committee continues a provision allowing
funds made available to agencies for travel to also be used for
quarters allowances and cost-of-living allowances.
Section 704. The Committee continues a provision
prohibiting the employment of noncitizens with certain
exceptions.
Section 705. The Committee continues a provision giving
agencies the authority to pay GSA bills for space renovation
and other services.
Section 706. The Committee continues a provision allowing
agencies to finance the costs of recycling and waste prevention
programs with proceeds from the sale of materials recovered
through such programs.
Section 707. The Committee continues a provision providing
that funds made available to corporations and agencies subject
to 31 U.S.C. 91 may pay rent and other service costs in the
District of Columbia.
Section 708. The Committee continues a provision
prohibiting interagency financing of groups absent prior
statutory approval.
Section 709. The Committee continues a provision
prohibiting the use of funds for enforcing regulations
disapproved in accordance with the applicable law of the United
States.
Section 710. The Committee continues a provision limiting
the amount of funds that can be used for redecoration of
offices under certain circumstances.
Section 711. The Committee continues a provision to allow
for interagency funding of national security and emergency
telecommunications initiatives.
Section 712. The Committee continues a provision requiring
agencies to certify that a Schedule C appointment was not
created solely or primarily to detail the employee to the White
House.
Section 713. The Committee continues and modifies a
provision prohibiting the payment of any employee who
prohibits, threatens, or prevents another employee from
communicating with Congress.
Section 714. The Committee continues a provision
prohibiting Federal training not directly related to the
performance of official duties.
Section 715. The Committee continues a provision
prohibiting, other than for normal and recognized executive-
legislative relationships, propaganda, publicity, and lobbying
by executive agency personnel in support or defeat of
legislative initiatives.
Section 716. The Committee continues a provision
prohibiting any Federal agency from disclosing an employee's
home address to any labor organization, absent employee
authorization or court order.
Section 717. The Committee continues a provision
prohibiting funds to be used to provide non-public information
such as mailing, telephone, or electronic mailing lists to any
person or organization outside the government without the
approval of the Committees on Appropriations.
Section 718. The Committee continues a provision
prohibiting the use of funds for propaganda and publicity
purposes not authorized by Congress.
Section 719. The Committee continues a provision directing
agency employees to use official time in an honest effort to
perform official duties.
Section 720. The Committee continues a provision
authorizing the use of funds to finance an appropriate share of
the Federal Accounting Standards Advisory Board.
Section 721. The Committee continues a provision
authorizing the transfer of funds to GSA to finance an
appropriate share of various government-wide boards and
councils and for Federal Government priority goals under
certain conditions.
Section 722. The Committee continues a provision that
permits breastfeeding in a Federal building or on Federal
property if the woman and child are authorized to be there.
Section 723. The Committee continues a provision that
permits interagency funding of the National Science and
Technology Council and provides for a report on the budget and
resources of the National Science and Technology Council.
Section 724. The Committee continues a provision requiring
documents involving the distribution of Federal funds to
indicate the agency providing the funds and the amount
provided.
Section 725. The Committee continues a provision
prohibiting the use of funds to monitor personal access or use
of Internet sites or to collect, review, or obtain any
personally identifiable information relating to access to or
use of an Internet site.
Section 726. The Committee continues a provision requiring
health plans participating in the Federal Employees Health
Benefits Program to provide contraceptive coverage and provides
exemptions to certain religious plans.
Section 727. The Committee continues language supporting
strict adherence to anti-doping activities.
Section 728. The Committee continues a provision allowing
funds for official travel to be used by departments and
agencies, if consistent with OMB Circular A-126, to participate
in the fractional aircraft ownership pilot program.
Section 729. The Committee continues a provision
prohibiting funds for the implementation of OPM regulations
limiting detailees to the legislative branch and placing
certain limitations on the Coast Guard Congressional Fellowship
program.
Section 730. The Committee continues a provision that
restricts the use of funds for Federal law enforcement training
facilities.
Section 731. The Committee continues a provision that
prohibits Executive Branch agencies from creating prepackaged
news stories that are broadcast or distributed in the United
States unless the story includes a clear notification within
the text or audio of such news story that the prepackaged news
story was prepared or funded by that executive branch agency.
This provision confirms the GAO opinion dated February 17, 2005
(B-304272).
Section 732. The Committee continues a provision
prohibiting use of funds in contravention of section 552a of
title 5, United States Code (the Privacy Act) and regulations
implementing that section.
Section 733. The Committee continues a provision
prohibiting funds from being used for any Federal Government
contract with any foreign incorporated entity which is treated
as an inverted domestic corporation.
Section 734. The Committee continues a provision requiring
agencies to pay a fee to OPM for processing retirement of
employees who separate under Voluntary Early Retirement
Authority or who receive Voluntary Separation Incentive
payments.
Section 735. The Committee continues a provision
prohibiting funds to require any entity submitting an offer for
a Federal contract to disclose political contributions.
Section 736. The Committee continues a provision
prohibiting funds for the painting of a portrait of an employee
of the Federal Government, including the President, the Vice
President, a Member of Congress, the head of an executive
branch agency, or the head of an office of the legislative
branch.
Section 737. The Committee continues a provision limiting
the pay increases of certain prevailing rate employees.
Section 738. The Committee continues a provision requiring
agencies to submit reports to Inspectors General concerning
expenditures for agency conferences.
Section 739. The Committee continues a provision
prohibiting funds to be used to increase, eliminate, or reduce
funding for a program or project unless such change is made
pursuant to reprogramming or transfer provisions.
Section 740. The Committee continues a provision
prohibiting agencies from using funds to implement regulations
changing the competitive areas under reductions-in-force for
Federal employees.
Section 741. The Committee continues a provision that
prohibits the use of funds to begin or announce a study or a
public-private competition regarding the conversion to
contractor performance of any function performed by civilian
Federal employees pursuant to OMB Circular A-76 or any other
administrative regulation, directive, or policy.
Section 742. The Committee continues a provision ensuring
contractors are not prevented from reporting waste, fraud, or
abuse by signing confidentiality agreements that would prohibit
such disclosure.
Section 743. The Committee continues a provision
prohibiting the expenditure of funds for the implementation of
certain nondisclosure agreements unless certain provisions are
included in the agreements.
Section 744. The Committee continues a provision
prohibiting the use of funds to enter into any agreement with
any corporation with certain unpaid Federal tax liabilities
unless an agency has considered suspension or debarment of the
corporation and made a determination that further action is not
necessary to protect the interests of the government.
Section 745. The Committee continues a provision
prohibiting the use of funds to enter into any agreement with
any corporation that was convicted of a felony criminal
violation within the preceding 24 months unless an agency has
considered suspension or debarment of the corporation and made
a determination that further action is not necessary to protect
the interests of the government.
Section 746. The Committee continues a provision
eliminating the automatic statutory pay increase for the Vice
President and certain senior political appointees.
Section 747. The Committee continues a provision related to
impoundment of resources.
Section 748. The Committee continues a provision requiring
that any executive branch agency notify the Committee if an
apportionment of an appropriation for such agency is not
approved in a timely and appropriate manner.
Section 749. The Committee continues a provision addressing
interagency funding for the United States Army Medical Research
and Development Command and the Congressionally Directed
Medical Research Programs and the National Institutes of Health
research programs.
Section 750. The Committee continues a provision addressing
accessibility to government electronic and information
technology for individuals with disabilities.
Section 751. The Committee continues a provision
authorizing the transfer of funds to GSA to finance an
appropriate share of various information technology projects
among Government-wide boards and councils under certain
conditions.
Section 752. The Committee continues a provision requiring
the retention of certain records pertaining to certain GAO
audits.
Section 753. The Committee includes a new provision
prohibiting funds to States, cities, or localities that allow
non-citizens to vote in Federal elections.
Section 754. The Committee includes a new provision
restricting funds to make investments under the Thrift Savings
Plan in certain mutual funds that make investment decisions
based primarily on environmental, social, or governance
criteria.
Section 755. The Committee includes a new provision
restricting funds for certain labeling of information.
Section 756. The Committee includes a new provision
prohibiting funds to recruit, hire, promote or retain any
person convicted of a child pornography or a sexual assault
charge, is a registered sex offender, or has been formally
disciplined for using Federal resources to access, use, or sell
child pornography.
Section 757. The Committee includes a new provision
prohibiting funds for insurance plans in the Federal Employees
Health Benefits program to cover the cost of surgical
procedures or puberty blockers or hormone therapy for purpose
of gender affirming care.
Section 758. The Committee includes a new provision
prohibiting the implementation of Executive Order 14019 with
certain exceptions.
Section 759. The Committee includes a new provision
prohibiting funding until Federal agencies return to specified
telework policies, practices, and levels.
Section 760. The Committee continues a provision concerning
the non-application of these general provisions to title IV and
to title VIII.
TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)
Section 801. The Committee continues a provision that
allows the use of local funds for making refunds or paying
judgments against the District of Columbia government.
Section 802. The Committee continues a provision that
prohibits the use of Federal funds for publicity or propaganda
designed to support or defeat legislation before Congress or
any State legislature.
Section 803. The Committee continues a provision that
establishes reprogramming procedures for Federal funds.
Section 804. The Committee continues a provision that
prohibits the use of Federal funds for the salaries and
expenses of a shadow U.S. Senator or U.S. Representative.
Section 805. The Committee continues a provision that
places restrictions on the use of District of Columbia
government vehicles.
Section 806. The Committee continues a provision that
prohibits the use of Federal funds for a petition or civil
action that seeks to require voting rights for the District of
Columbia in Congress.
Section 807. The Committee continues a provision that
prohibits the use of Federal funds in this Act to distribute,
for the purpose of preventing the spread of blood borne
pathogens, sterile needles or syringes in any location that has
been determined by local public health officials or local law
enforcement authorities to be inappropriate for such
distribution.
Section 808. The Committee continues a provision that
concerns a ``conscience clause'' on legislation that pertains
to contraceptive coverage by health insurance plans.
Section 809. The Committee continues a provision that
prohibits Federal funds to enact or carry out any law, rule, or
regulation to legalize or reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act or any
tetrahydrocannabinols derivative. In addition, section 809
prohibits Federal and local funds to enact any law, rule, or
regulation to legalize or reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act or any
tetrahydrocannabinols derivative for recreational purposes.
Section 810. The Committee continues a provision that
prohibits the use of funds for abortion except in the cases of
rape or incest or if necessary, to save the life of the mother.
Section 811. The Committee continues a provision that
requires the Chief Financial Officer (CFO) to submit a revised
operating budget no later than 30 calendar days after the
enactment of this Act for agencies the CFO certifies as
requiring a reallocation to address unanticipated program
needs.
Section 812. The Committee continues a provision that
requires the CFO to submit a revised operating budget for the
District of Columbia Public Schools, no later than 30 calendar
days after the enactment of this Act, which aligns schools'
budgets to actual enrollment.
Section 813. The Committee continues a provision that
allows for transfers of local funds between operating funds and
capital and enterprise funds.
Section 814. The Committee continues a provision that
prohibits the obligation of Federal funds beyond the current
fiscal year and transfers of funds unless expressly provided
herein.
Section 815. The Committee continues a provision that
provides that not to exceed 50 percent of unobligated balances
from Federal appropriations for salaries and expenses may
remain available for certain purposes. This provision applies
to the District of Columbia Courts, the Court Services and
Offender Supervision Agency, and the District of Columbia
Public Defender Service.
Section 816. The Committee continues a provision that
appropriates local funds during fiscal year 2025 if there is an
absence of a continuing resolution or regular appropriation for
the District of Columbia. Funds are provided under the same
authorities and conditions and in the same manner and extent as
provided for in fiscal year 2024.
Section 817. The Committee continues a provision that
provides the District of Columbia authority to transfer,
receive, and acquire lands and funding it deems necessary for
the construction and operation of interstate bridges over
navigable waters, including related infrastructure, for a
project to expand commuter and regional passenger rail service
and provide bike and pedestrian access crossings.
Section 818. The Committee continues a provision that
requires each Federal and District of Columbia government
agency appropriated Federal funding in this Act submit to the
Committees quarterly budget reports on obligations.
Section 819. The Committee includes a new provision
prohibiting funds to carry out the Reproductive Health Non-
Discrimination Amendment Act of 2014 (D.C. Law 20-261) or to
implement any rule or regulation promulgated to carry out such
Act.
Section 820. The Committee includes a new provision
repealing the Death with Dignity Act of 2016 and prohibit the
D.C. Council from passing laws related to physician-assisted
suicide in the future.
Section 821. The Committee includes a new provision
directing the District of Columbia to submit a report to the
Committees regarding how the District of Columbia has complied
with the Partial Birth Abortion Ban Act, including if
violations of the law have taken place. If violations have
taken place, the report should detail the number of violations
in the past five years, the District of Columbia's response to
the violations, whether the District of Columbia preserved each
child's remains for appropriate examination during the
investigation, and other pertinent information on violations.
Section 822. The Committee includes a new provision
requiring a report on maternity care access for District of
Columbia residents. The report should be organized by ward and
include the birth rate, the pregnancy-related death rate, the
maternal death rate, and other important factors.
Section 823. The Committee includes a new provision
prohibiting funds used by the District of Columbia to enact or
carry out any law which prohibits motorists from making right
turns on red, including D.C. Law 24-0214.
Section 824. The Committee includes a new provision
prohibiting funds used by the District of Columbia to carry out
DC Automated Traffic Enforcement.
Section 825. The Committee includes a new provision
repealing the inclusion of D.C. Public Charter Schools from the
exemption list in the District of Columbia's Corrections
Oversight Improvement Omnibus Amendment Act of 2022.
Section 826. The Committee includes a new provision
prohibiting the use of funds by the District of Columbia to
carry out the Comprehensive Policing and Justice Reform
Amendment Act of 2022.
Section 827. The Committee includes a new provision
allowing valid weapons carry permit holders to conceal carry in
areas goverened by the District of Columbia and Washington
Metropolitan Area Transit Authority.
Section 828. The Committee includes a new provision
reauthorizing the Scholarships for Opportunity and Results Act
through 2027 and amending the statutory funding formula to
reflect that one-half of total funding should go toward
Opportunity Scholarships, one-sixth of total funding should go
toward District of Columbia Public Schools, and one-third of
total funding should go toward District of Columbia Public
Charter Schools.
Section 829 specifies that references to ``this Act'' in
this title or title IV are treated as referring only to the
provisions of this title and title IV.
TITLE IX--ADDITIONAL GENERAL PROVISIONS
Spending Reduction Account
Section 901. The Committee includes a new provision
establishing a ``Spending Reduction Account'' in the bill.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives:
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
Rescission of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
------------------------------------------------------------------------
Department or Activity Amount
------------------------------------------------------------------------
Federal Payment for Defender Services in District of $25,000,000
Columbia Courts......................................
Inflation Reduction Act:
Internal Revenue Service Enforcement.............. 6,065,000,000
Internal Revenue Service Operations Support....... 4,101,000,000
General Services Administration................... 3,210,000,000
------------------------------------------------------------------------
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following list is submitted
describing the transfers of funds in the accompanying bill:
Under Title I--Department of the Treasury
Language is included under the Committee on Foreign
Investment in the United States allowing the transfer of funds
to a department or agency represented on the Committee upon the
advance notification.
Language is included under Department-Wide Systems and
Capital Investments allowing the transfer of funds to accounts
necessary to satisfy the requirement of the Department's
offices, bureaus, and other organizations.
Section 114 authorizes transfers, up to two percent,
between 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 appropriations under certain circumstances.
Section 115 authorizes transfers, up to two percent,
between the IRS and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 117 allows the transfer from the Bureau of the
Fiscal Service to the Debt Collection Fund as necessary to
cover the costs of debt collection.
Under Title II--Executive Office of the President and Funds
Appropriated to the President
Language is included under Federal Drug Control Programs,
High Intensity Drug Trafficking Areas Program, which allows for
the transfer of funds to Federal departments or agencies and
State and local entities.
Language is included under Other Federal Drug Control
Programs allowing the transfers of funds to other Federal
departments and agencies to carry out activities.
Language is included under Information Technology Oversight
and Reform allowing the transfer of funds to other agencies to
carry out projects.
Language is included under the Official Residence of the
Vice President, Operating Expenses, allowing the transfer of
funds to other Federal departments or agencies.
Section 201 permits the Executive Office of the President
to transfer up to 10 percent of certain appropriations, subject
to approval of the Committee.
Under Title III--the Judiciary
Language is included under Court Security allowing the
transfer of funds to the United States Marshals Service for
courthouse security.
Section 302 permits the Judiciary to transfer up to five
percent of any appropriation with certain limitations.
Under Title V--Independent Agencies
Language is included under the General Services
Administration allowing the transfer of funds within the
Federal Buildings Fund, under certain circumstances, upon the
advance approval of the Committees.
Language is included under the General Services
Administration, Federal Citizens Services Fund, allowing the
transfer of funds from the Federal Citizens Services Fund to
Federal agencies.
Language is included under the General Services
Administration, Pre-Election Presidential Transition, allowing
the transfer of funds from the Pre-Election Presidential
Transition Account to the Acquisition Services Fund or the
Federal Buildings fund.
Language is included under the General Services
Administration, Working Capital Fund, allowing the transfer of
funds from the Working Capital Fund to other Federal agencies.
Section 541 permits the General Services Administration to
transfer funds to the Federal Buildings Fund upon the advance
approval of the Committees.
Language is included under the Merit Systems Protection
Board, Salaries and Expenses, allowing the transfer from the
Civil Service Retirement and Disability Fund.
Language is included under the Morris K. Udall and Stewart
L. Udall Foundation, Morris K. Udall and Stewart L. Udall Trust
Fund, allowing the transfer of funds from the Office of
Inspector General of the Department of the Interior to the
Morris K. Udall and Stewart L. Udall Foundation for annual
independent financial audits.
Language is included under the Office of Personnel
Management, Salaries and Expenses, allowing the transfer of
certain trust funds to the Salaries and Expenses account for
administrative expenses, and allowing the transfer of up to
five percent of the appropriation into an information
technology working capital fund upon the advance approval of
the Committees.
Language is included under the Office of Personnel
Management, Office of Inspector General, allowing the transfer
of certain trust funds to the Office of Inspector General
account for administrative expenses.
Language is included under the Small Business
Administration, Business Loans Program Account, allowing funds
to be transferred to and merged with the Salaries and Expenses
appropriation.
Language is included under the Small Business
Administration, Disaster Loans Program Account, allowing funds
to be transferred to and merged with the Office of Inspector
General and Salaries and Expenses appropriations.
Section 560 permits the transfer of funds between
appropriations of the Small Business Administration.
Section 561 permits the transfer of funds from the Small
Business Administration Salaries and Expenses and Business
Loans Program Account appropriations into the Information
Technology Systems Modernization and Working Capital Fund.
Section 563 permits the transfer of funds from the Small
Business Administration to the Community Navigator Pilot
Program.
Language is included under the United States Postal
Service, Office of Inspector General, Salaries and Expenses,
allowing the transfer of funds from the Postal Service Fund.
Language is included under the United States Tax Court
allowing the transfer of the Tax Court's disposition of fees.
Under Title VII--General Provisions--Government-Wide
Section 721 permits departments and agencies to transfer
funds to the General Services Administration to support certain
financial, information technology, procurement, and other
management initiatives.
Section 751 permits the Executive branch to transfer funds
to the General Services Administration, Federal Citizen
Services Fund.
Under Title VIII--General Provisions--District of Columbia
Section 813 permits amounts appropriated in this Act to be
transferred to the District of Columbia's enterprise and
capital funds.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, neither the bill nor this report contains
any congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9 of rule XXI of the Rules
of the House of Representatives.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law.
Title I--Department of the Treasury
Language is included for Departmental Offices, Salaries and
Expenses, that provides funds for operation and maintenance of
Treasury Buildings; hire of passenger motor vehicles;
maintenance, repairs, and improvements of, and purchase of
commercial insurance policies for real properties leased or
owned overseas; and for domestic finance and tax policy
activities. Language is also included designating funds for
official reception and representation expenses; unforeseen
emergencies of a confidential nature; and extending the period
of availability for certain funds.
Language is included for the Committee on Foreign
Investment in the United States Fund that provides for the
transfer of funds to departments or agencies represented on the
Committee for expenses of implementing section 721 of the
Defense Production Act of 1950. Language is included that
provides for the assessment and collection of offsetting
collections.
Language is included for Office of Terrorism and Financial
Intelligence, Salaries and Expenses, that provides funds to
safeguard the financial system from national security threats.
Language is included for the Cybersecurity Enhancement
Account that provides funds for enhanced cybersecurity for
systems operated by the Department of the Treasury.
Language is included for Department-wide Systems and
Capital Investments Programs that provides funds for equipment,
software, and repairs and renovations to buildings owned by the
Department of the Treasury.
Language is included for the Office of Inspector General,
Salaries and Expenses, that provides funds to carry out the
provisions of the Inspector General Act of 1978, including the
hire of vehicles, unforeseen emergencies of a confidential
nature, official reception and representation expenses, and
unforeseen emergencies of a confidential nature.
Language is included for the Treasury Inspector General for
Tax Administration, Salaries and Expenses, that provides funds
to carry out the provisions of the Inspector General Act of
1978, including consulting services, official reception and
representation expenses, the purchase and hire of motor
vehicles, unforeseen emergencies of a confidential nature, and
specifies the period of availability for certain funds.
Language is included for the Special Inspector General for
the Troubled Asset Relief Program, Salaries and Expenses, that
provides funds for carrying out the provisions of the Emergency
Economic Stabilization Act of 2008 (Public Law 110-343).
Language is included for Financial Crimes Enforcement
Network, Salaries and Expenses, that provides funds for the
hire of motor vehicles; travel and training of non-Federal and
foreign government personnel attending meetings involving
domestic or foreign financial intelligence, law enforcement,
and regulation; official reception and representation expenses;
and assistance to Federal law enforcement agencies with or
without reimbursement. Language is also included that extends
the period of availability for certain amounts.
Language is included for the Bureau of the Fiscal Service,
Salaries and Expenses, that provides funds for necessary
expenses, including for official reception and representation
expenses, and extends the period of availability for
information systems modernization funds. Language is also
included specifying an amount to be derived from the Oil Spill
Liability Trust Fund.
Language is included for the Alcohol and Tobacco Tax and
Trade Bureau, Salaries and Expenses, that provides funds for
the hire of passenger motor vehicles, official reception and
representation expenses, cooperative research and development
programs, and laboratory assistance to State and local
agencies. Language is included that extends the period of
availability for certain amounts.
Language is included for the United States Mint, United
States Mint Public Enterprise Fund, which identifies the source
of funding for the operations and activities of the U.S. Mint
and specifies the level of funding for circulating coinage and
protective service capital investments.
Language is included for the Community Development
Financial Institutions Fund Program Account that provides
specific amounts for: financial and technical assistance;
individuals with disabilities; Native American initiatives;
Bank Enterprise Awards; Healthy Food Financing Initiatives;
Small Dollar Loan Program; and administrative expenses for the
program and cost of direct loans. Language is included for
clarifying the amount for the Bond Guarantee Program.
Language is included for the Internal Revenue Service,
Taxpayer Services, that provides funds for pre-filing
assistance and education, filing and account services, and
taxpayer advocacy services, and dedicating funding for the Tax
Counseling for the Elderly Program, low-income taxpayer clinic
grants, and Community Volunteer Income Tax Assistance grants.
Language is included for the Internal Revenue Service,
Enforcement, that provides funds to determine and collect owed
taxes, provide legal and litigation support, conduct criminal
investigations, enforce criminal statutes, purchase and hire of
vehicles; and designates funding for the Interagency Crime and
Drug Enforcement program. Language is included specifying the
period of availability for certain funds.
Language is included for the Internal Revenue Service,
Operations Support, that provides funds for operating and
supporting taxpayer services and tax law enforcement programs;
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; hire of passenger motor vehicles;
and official reception and representation expenses. Language is
included specifying the period of availability for certain
funds and requiring reports on information technology.
Language is included for the Internal Revenue Service,
Business Systems Modernization, that provides for the capital
asset acquisition of information technology, including
management and related contractual costs and IRS labor costs of
said acquisitions, contractual costs associated with
operations, an extended availability of the funds and requires
quarterly reports on the Integrated Business Systems
Modernization plan.
In addition, the bill provides the following administrative
provisions:
Section 101. Language is included that requires the IRS to
maintain a training program in taxpayers' rights, dealing
courteously with taxpayers, cross-cultural relations, and the
impartial application of tax law.
Section 102. Language is included that requires the IRS to
institute and enforce policies and procedures that will
safeguard the confidentiality of taxpayer information and
protect taxpayers against identity theft.
Section 103. Language is included that makes funds
available for improved facilities and increased staffing to
provide efficient and effective 1-800 number help line service
for taxpayers.
Section 104. Language is included to require the IRS to
issue notices to employers of any address change request and to
give special consideration to offers in compromise for
taxpayers who have been victims of payroll tax preparer fraud.
Section 105. Language is included to prohibit the IRS from
targeting U.S. citizens for exercising their First Amendment
rights.
Section 106. Language is included to prohibit the use of
funds by the IRS to target groups based on their ideological
beliefs.
Section 107. Language is included to prohibit the use of
funds by the IRS on conferences that do not adhere to
recommendations made by the Treasury Inspector General for Tax
Administration.
Section 108. Language is included to prohibit the use of
funds for IRS employee awards or hiring programs that do not
consider employee conduct and Federal tax compliance.
Section 109. Language included to prohibit the use of funds
in contravention of section 6103 of the Internal Revenue Code
of 1986 (relating to confidentiality and disclosure of returns
and return information).
Section 110. Language is included that provides direct
hiring authorities for IRS positions.
Section 111. Language is included that extends the current
home to work transportation for the IRS Commissioner for fiscal
year 2024.
Section 112. Language is included prohibiting the IRS from
developing its own Free File software before seeking
Congressional approval.
Section 113. Language is included prohibiting the IRS from
purchasing firearms or ammunition above specified levels.
Section 114. Language is included to authorize the
Department to purchase uniforms, insurance for motor vehicles
that are overseas, and motor vehicles that are overseas,
without regard to the general purchase price limitations; to
enter into contracts with the State Department for health and
medical services for Treasury employees that are overseas; and
to hire experts or consultants.
Section 115. Language is included to authorize transfers,
up to two percent, between 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 appropriations under certain
circumstances.
Section 116. Language is included to authorize transfers,
up to two percent, between the Internal Revenue Service and the
Treasury Inspector General for Tax Administration under certain
circumstances.
Section 117. Language is included prohibiting the
Department of the Treasury from undertaking a redesign of the
$1 Federal Reserve note.
Section 118. Language is included providing for transfers
from and reimbursements to Bureau of the Fiscal Service,
Salaries and Expenses, for the purposes of debt collection.
Section 119. Language is included prohibiting funds from
being used by the United States Mint to construct or operate
any museum without the approval of the House and Senate
committees of jurisdiction.
Section 120. Language is included prohibiting funds from
being used to merge the U.S. Mint and the Bureau of Engraving
and Printing without the approval of the House and Senate
committees of jurisdiction.
Section 121. Language is included deeming that funds for
the Department of the Treasury's intelligence-related
activities are specifically authorized in fiscal year 2024
until enactment of the Intelligence Authorization Act for
fiscal year 2024.
Section 122. Language is included permitting the Bureau of
Engraving and Printing to use $5,000 from the Industrial
Revolving Fund for reception and representation expenses.
Section 123. Language is included requiring the Department
of the Treasury to submit a capital investment plan.
Section 124. Language is included prohibiting the
Department of the Treasury from finalizing regulations related
to the tax-exempt status of a 501(c)(4) organization.
Section 125. Language is included requiring the Department
of the Treasury to submit a report on the Franchise Fund.
Section 126. Language is included requiring quarterly
reports from the Office of Financial Stability and the Office
of Financial Research.
Section 127. Language is included providing funding for the
Special Inspector General for Pandemic Recovery.
Section 128. Language is included requiring the Secretary
of the Treasury to produce a COVID-19 expenditure report to
evaluate potential waste, fraud, and abuse in COVID-19
programs.
Section 129. Language is included on the so-called people-
to-people category of travel.
Section 130. Language is included requiring a report on
certain categories of travel to Cuba.
Section 131. Language is included prohibiting the
establishment of a United States Central Bank Digital Currency
and prohibits discontinuation of paper currency as legal tender
in the United States.
Section 132. Language is included prohibiting funding for
FinCEN to promulgate the beneficial ownership reporting rules
that do not reflect Congressional intent.
Section 133. Language is included prohibiting the Federal
Housing Finance Agency from implementing the single-family
housing mortgage credit fee pricing framework.
Section 134. Language is included prohibiting funding for
an outbound investment review program until a report with
specific information is provided to the Committees of
jurisdiction.
Title II--Executive Office of the President
Language is included for The White House, Salaries and
Expenses, that provides funds for services authorized by 5
U.S.C. 3109 and 3 U.S.C. 103, 105 and 107; hire of vehicles;
official reception and representation expenses; and the Office
of Policy Development.
Language is included for Executive Residence at the White
House, Operating Expenses, that provides funds for necessary
expenses as authorized by 3 U.S.C. 105, 109, 110, and 112-114.
Language is included for Executive Residence at The White
House, Reimbursable Expenses, that specifies the authorized use
of funds; specifies that reimbursable expenses are the
exclusive authority of the Executive Residence to incur
obligations and receive offsetting collections; requires the
sponsors of political events to make advance payments; requires
the national committee of the political party of the President
to maintain $25,000 on deposit; requires the Executive
Residence to ensure that amounts owed are billed within 60 days
of a reimbursable event and collected within 30 days of the
bill notice; authorizes the Executive Residence to charge and
assess interest and penalties on late payments; authorizes all
reimbursements to be deposited into the Treasury as
miscellaneous receipts; requires a report to the Committees on
Appropriations on the reimbursable expenses within 90 days of
the end of the fiscal year; requires the Executive Residence to
maintain a system for tracking and classifying reimbursable
events; and specifies that the Executive Residence is not
exempt from the requirements of subchapter I or II of chapter
37 of title 31, United States Code.
Language is included for White House Repair and Restoration
that provides funds for the repair, alteration, and improvement
of the Executive Residence at the White House; and allows funds
to remain available until expended.
Language is included for Council of Economic Advisors,
Salaries and Expenses, that provides for necessary expenses in
carrying out the Employment Act of 1946.
Language is included for National Security Council and
Homeland Security Council, Salaries and Expenses, that provides
for services authorized by 5 U.S.C. 3109 and official reception
and representation expenses.
Language is included for Office of Administration, Salaries
and Expenses, that provides funds for continued modernization
of the information resources within the Executive Office of the
President, to remain available until expended; provides for
services authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and for
the hire of vehicles; and provides funds for a program to
provide payments to students, recent graduates, and veterans
recently discharged from active duty who are performing
voluntary services in the Executive Office of the President
under section 3111(b) of title 5, United States Code, or
comparable authority. Language is included specifying that such
payments to students, recent graduates, and veterans shall not
be considered payments for purposes of section 3111(b) and may
be paid in advance.
Language is included for Office of Management and Budget,
Salaries and Expenses, that provides funds for services
authorized by 5 U.S.C. 3109, the hire of vehicles, and for
carrying out provisions of chapter 35 of title 44 United States
Code and to prepare the budget request; and specifies funds for
official representation expenses. Language is included that
prohibits the review of agricultural marketing orders;
prohibits the use of funds for the purpose of altering the
transcript of testimony except for OMB officials; prohibits the
use of funds for evaluating or determining if water resource
project or study reports submitted by the Chief of Engineers
are in compliance with all applicable laws, regulations, and
requirements; prohibits the use of funds for altering the Corps
of Engineers annual work plan; specifies the amount of time to
perform budgetary policy reviews of water resource matters on
which the Chief of Engineers has reported before the report is
considered approved, and specifies notification requirements;
requires OMB to make publicly available on a website a tabular
list for each agency that submits budget justification
materials that includes the name of the agency, the date on
which the budget justification materials of the agency were
submitted to Congress, and a uniform resource locator where the
budget justification materials are published on the website of
the agency; and allows amounts appropriated to be available for
the liquidation of valid obligations incurred for fiscal year
2017, as authorized by law, in excess of amounts that were
available for obligation during such fiscal year.
Language is included for the Office of the Intellectual
Property Enforcement Coordinator, that provides funds for
expenses authorized by title III of the Prioritizing Resources
and Organization for Intellectual Property Act of 2008 and
services authorized by 5 U.S.C. 3109.
Language is included for the Office of the National Cyber
Director, Salaries and Expenses, that provides funds for
expenses authorized by section 1752 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), and official reception and
representation expenses.
Language is included for the Office of National Drug
Control Policy, Salaries and Expenses, providing funds for
research activities; official reception and representation
expenses; and participation in joint projects or the provision
of services to nonprofit, research, or public organizations or
agencies, with or without reimbursement. Language is included
permitting gifts for the purpose of aiding or facilitating the
work of the Office.
Language is included for Federal Drug Control Programs,
High Intensity Drug Trafficking Areas Program, that provides
funds for drug control activities, allows for the transfer of
funds, and requires notification on the distribution of funds.
Language is included for Other Federal Drug Control
Programs that provides certain amounts for drug control
activities and allows for the transfer of funds.
Language is included for Unanticipated Needs that provides
for the use of funds as authorized by 3 U.S.C. 108 and extends
the availability of funds.
Language is included for Information Technology Oversight
and Reform that provides for the use of funds, extends the
availability of funds, and allows for the transfer of funds.
Language is included for Special Assistance to the
President, Salaries and Expenses, that enables the Vice
President to provide assistance to the President, services
authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, and the hire of
vehicles.
Language is included for Official Residence of the Vice
President, Operating Expenses, that provides funds for
operation and maintenance of the official residence of the Vice
President, the hire of vehicles, and expenses authorized by 3
U.S.C. 106(b)(2), and provides for the transfer of funds as
necessary.
In addition, the bill provides the following administrative
provisions:
Section 201. Language is included permitting the transfer
of not to exceed ten percent of funds among various
appropriations within the Executive Office of the President,
with advance approval of the Committees on Appropriations. The
amount of an appropriation shall not be increased by more than
50 percent.
Section 202. Language is included requiring the Director of
the Office of Management and Budget to include a statement of
budgetary impact with any Executive order or Presidential
memorandum issued or rescinded during fiscal year 2023 where
the regulatory cost exceeds $100,000,000.
Section 203. Language is included requiring the Director of
the Office of Management and Budget to issue a memorandum to
all Federal departments, agencies, and corporations directing
compliance with the provisions in title VII of this Act.
Section 204. Language is included requiring the Office of
Management and Budget to permanently operate and maintain the
system to make publicly available, in an automated fashion, all
documents apportioning an appropriation including explanations
of any footnotes for apportioned amounts (as that term is used
in OMB Circular No. A-11), to publish all relevant delegations
of apportionment authority, and to provide requested classified
formation.
Section 205. Language is included requiring the Director of
the Office of Management and Budget to conduct an audit of
appropriations and issue a report to the Committee listing the
unobligated amounts that remain available under the Coronavirus
Preparedness and Response Supplemental Appropriations Act for
2020 (Public Law 116-123), the Families First Coronavirus
Response Act (Public Law 116-127), the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136), the Paycheck
Protection Program and Health Care Enhancement Act (Public Law
116-139), Divisions M and N of the Consolidated Appropriations
Act, 2021 (Public Law 116-260), and the American Rescue Plan
Act of 2021 (Public Law 117-2).
Section 206. Language is included reducing the total amount
obligated for the Executive Office of the President and Funds
Appropriated to the President by $52,000,000 until the budget
is submitted if the President fails to submit to Congress the
annual budget request on or before the first Monday in February
as required by section 1105(a) of title 31, United States Code.
Section 207. Language is included prohibiting the Director
of the Office of Management and Budget from issuing any waiver
or otherwise carrying out section 265 of the Administrative
Pay-As-You-Go Act of 2023 (title III of Public Law 118-5).
Title III--The Judiciary
Language is included under Supreme Court of the United
States, Salaries and Expenses, providing for certain funds to
remain available until expended; the hire of passenger motor
vehicles, official reception and representation, and
miscellaneous expenses. Language is included providing funds
for salaries of judges as authorized by law.
Language is included under Supreme Court of the United
States, Care of the Building and Grounds, permitting funds to
remain available until expended.
Language is included under United States Court of Appeals
for the Federal Circuit, Salaries and Expenses, for necessary
expenses of the court. Language is included providing funds for
salaries of judges as authorized by law.
Language is included under United States Court of
International Trade, Salaries and Expenses, for necessary
expenses of the court. Language is included providing funds for
salaries of judges as authorized by law.
Language is included under Courts of Appeals, District
Courts, and Other Judicial Services, Salaries and Expenses,
providing funds for the salaries of certain judges, and all
other employees not otherwise provided for; necessary expenses;
the purchase, rental, repair and cleaning of uniforms for
Probation and Pretrial Services Office staff; firearms and
ammunition; and specifies certain funds remain available for
certain periods for specific purposes. Language is included
providing funds for salaries of judges as authorized by law.
Language is also included providing funding from the Vaccine
Injury Compensation Trust Fund for certain purposes.
Language is included under Defender Services, providing for
the operation of Federal Defender organizations; the
compensation and reimbursement of expenses for attorneys,
investigative, expert, and other services, travel, training,
and general administrative expenses; and permitting funds to
remain available until expended.
Language is included under Fees of Jurors and Commissioners
permitting funds to remain available until expended and
specifying limitations for the compensation of land
commissioners.
Language is included under Court Security providing for
protective guard services and procurement, installation, and
maintenance of security systems and equipment, building
ingress-egress control, inspection of mail and packages,
directed security patrols, perimeter security, and services
provided by the Federal Protective Services. Language is
included permitting certain funds to remain available until
expended, which may be transferred to the United States
Marshals Service.
Language is included under Administrative Office of the
United States Courts, Salaries and Expenses, providing for
travel, the hire of passenger motor vehicles, advertising and
rent in the District of Columbia. Language is included
specifying certain amounts for official reception and
representation expenses.
Language is included under Federal Judicial Center,
Salaries and Expenses, extending the availability of certain
funds for education and training, and specifying certain
amounts for official reception and representation expenses.
Language is included under United States Sentencing
Commission, Salaries and Expenses, specifying certain amounts
for official reception and representation expenses.
In addition, the bill provides the following administrative
provisions:
Section 301. Language is included permitting funds for
salaries and expenses to be available for the employment of
experts and consultant services as authorized by 5 U.S.C. 3109.
Section 302. Language is included permitting up to five
percent of any appropriation made available for fiscal year
2023 to be transferred between Judiciary appropriations
provided that no appropriation shall be decreased by more than
five percent or increased by more than ten percent by any such
transfer except in certain circumstances. In addition, the
language provides that any such transfer shall be treated as a
reprogramming of funds under sections 604 and 608 of the
accompanying bill and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in those sections.
Section 303. Language is included allowing not to exceed
$11,000 to be used for official reception and representation
expenses incurred by the Judicial Conference of the United
States.
Section 304. Language is included allowing the delegation
of authority to the Judiciary for contracts for repairs of less
than $100,000 through fiscal year 2023.
Section 305. Language is included allowing a court security
pilot program.
Section 306. Language is included to reduce the
administrative burdens associated with private panel attorney
payments.
Section 307. Language is included extending temporary
judgeships in Alabama Northern, Arizona, California Central,
Florida Southern, Hawaii, Kansas, Missouri Eastern, New Mexico,
North Carolina Western, and Texas Eastern.
Title IV--District of Columbia
Language is included under Federal Payment for Resident
Tuition Support, permitting the amount appropriated to remain
available until expended; specifying conditions for the use,
award, and financial accounting of funds; and requiring
quarterly reports.
Language is included under Federal Payment for Emergency
Planning and Security Costs in the District of Columbia,
providing that the amount appropriated shall remain available
until expended for providing public safety at events, including
support of the United States Secret Service, to respond to
terrorist threats or attacks.
Language is included under Federal Payment to the District
of Columbia Courts, authorizing official reception and
representation expenses; specifying certain amounts for
specific purposes; providing 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; allowing funds made available for capital
improvements to remain available until September 30, 2025;
providing for the reallocation of funds and providing for
certain payments.
Language is included under Federal Payment for Defender
Services in District of Columbia Courts, providing that the
amount appropriated shall remain available until expended;
specifying who shall administer these funds; providing that 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; and permanently cancelling
unobligated balances from prior year appropriations.
Language is included under Federal Payment to the Court
Services and Offender Supervision Agency for the District of
Columbia, allowing the transfer and hire of motor vehicles;
authorizing official reception and representation expenses;
specifying certain amounts for specific purposes and programs;
allowing certain funds to remain available until September 30,
2026, for costs associated with replacement leases for
headquarters offices, field offices, and related facilities for
Community Supervision and Sex Offender Registration; allowing
specified to remain available until September 30, 2026, for
costs associated with replacement leases for headquarters
offices, field offices, and related facilities for Community
Supervision and Sex Offender Registration; providing that 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; allowing the use of
programmatic incentives for offenders and defendants who
successfully meet the terms of their supervision; authorizing
the Director to accept, solicit, and use on the behalf of the
Agency any monetary or nonmonetary gift to support offenders
and defendants successfully meeting terms of supervision.
Language is included under Federal Payment to the District
of Columbia Public Defender Service, allowing the transfer and
hire of motor vehicles; providing that 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; and authorizing the acceptance and use of
voluntary and uncompensated services to facilitate the work of
the District of Columbia Public Defender Service.
Language is included under Federal Payment to the Criminal
Justice Coordinating Council, specifying that the amount
appropriated shall remain available until expended to support
initiatives related to the coordination of Federal and local
criminal justice resources.
Language is included under Federal Payment for Judicial
Commissions, specifying certain amounts for certain commissions
and allowing for appropriations to remain available until
September 30, 2025.
Language is included under Federal Payment for School
Improvement, allowing for appropriations to remain available
until expended for payments authorized under the Scholarship
for Opportunity and Results Act (SOAR).
Language is included under Federal Payment for the District
of Columbia National Guard, providing funds for the National
Guard Retention and College Access Program to remain available
until expended.
Language is included under Federal Payment for Testing and
Treatment of HIV/AIDS for testing and treatment.
Language is included under Federal Payment to the District
of Columbia Water and Sewer Authority to continue
implementation of the Combined Sewer Overflow Long-Term Plan.
Title V--Independent Agencies
Language is included for the Administrative Conference of
the United States, Salaries and Expenses, that provides for
expenses, including official reception and representation, and
extends the availability of funds.
Language is included for the Consumer Product Safety
Commission, Salaries and Expenses, that provides funds for
expenses, the hire of motor vehicles, services as authorized by
5 U.S.C. 3109 (with a limitation on rates for individuals), and
official reception and representation expenses.
The bill includes the following administrative provision
under the Consumer Product Safety Commission:
Section 510. Language is included prohibiting funds to
finalize, implement, or enforce the proposed rule on
recreational off-highway vehicles until a study is completed by
the National Academy of Sciences.
Section 511. Language is included prohibiting funds to
prohibit the use of or sale of gas-powered stoves, cooktops,
ranges, or ovens in the United States.
Language is included for the Election Assistance
Commission, Salaries and Expenses, that provides funds to carry
out the Help America Vote Act of 2002.
Language is included under the Federal Communications
Commission, Salaries and Expenses, permitting funds for
uniforms and allowances therefor, official reception and
representation expenses, purchase and hire of motor vehicles,
special counsel fees, and services as authorized by 5 U.S.C.
3109. Language provides for the assessment and collection of
offsetting collections, authorizes retention of such
collections, and provides that they remain available until
expended. Language prohibits the availability for obligation of
excess collections. Language limits the use of proceeds from
the use of a competitive bidding system. Language provides
funding for the Office of Inspector General.
The bill includes the following administrative provisions
under the Federal Communications Commission:
Section 520. Language is included extending an exemption
from the Antideficiency Act for the Universal Service Fund.
Section 521. Language is included prohibiting the Federal
Communications Commission from changing rules governing the
Universal Service Fund regarding single connection or primary
line restrictions.
Section 522. Language is included prohibiting the Federal
Communications Commission from changing or amending the
Lifeline Minimum Service Standard.
Language is included for the Federal Deposit Insurance
Corporation, Office of the Inspector General, that provides for
the funds to be derived from the Deposit Insurance Fund, and
the Federal Savings and Loan Insurance Corporation Resolution
Fund.
Language is included for the Federal Election Commission,
Salaries and Expenses, providing for expenses including
official reception and representation expenses.
Language is included for the Federal Labor Relations
Authority, Salaries and Expenses, that provides funds for
services authorized by 5 U.S.C. 3109, the hire of experts and
consultants, hire of motor vehicles, reception and
representation expenses, and the rental of conference rooms;
authorizes travel payments to public members of the Federal
Service Impasses Panel; and allows for fees collected to be
transferred to and merged with the appropriation.
Language is included for the Federal Permitting Improvement
Steering Council, Environmental Review Improvement Fund, that
provides for services provided pursuant to 42 U.S.C. 4370m-
8(d).
Language is included for the Federal Trade Commission,
Salaries and Expenses, permitting funds for uniforms and
allowances therefor, services authorized by 5 U.S.C. 3109,
official reception and representation expenses, hire of motor
vehicles, contract for collection services, and language
limiting funding for the Bureau of Competition. Language
provides for the crediting and retention of certain fees.
Language also prohibits funds from being used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit
Insurance Act.
The bill includes the following administrative provisions
under the Federal Trade Commission:
Section 530. Language is included prohibiting the Federal
Trade Commission from implementing and enforcing the Motor
Vehicle Dealers Trade Regulation Rule.
Section 531. Language is included prohibiting further
regulatory action by the Federal Trade Commission on the
Earnings Claims and Business Opportunity rulemakings until a
clear statement of need is made or other industry analysis is
conducted.
Section 532. Language is included prohibiting the July 9,
2021, Statement of the Commission on the Withdrawal of the
Statement of Enforcement Principles Regarding ``Unfair Methods
of Competition''.
Section 533. Language is included prohibiting the October
25, 2021, Statement of the Commission on Use of Prior Approval
Provisions in Merger Orders.
Language is included for the General Services
Administration, Federal Buildings Fund, that allows for
revenues and collections to be spent from the Fund; specifies
the conditions under which funds made available can be used;
limits the availability of funds for certain purposes;
specifies funding for construction and acquisition projects;
provides for certain transfers of funds; requires spending
plans; and prohibits excess funds from being available.
Language is included for the General Services
Administration, Government-wide Policy, that provides funds for
policy and evaluation activities associated with the management
of real and personal property assets and certain administrative
services; support responsibilities relating to acquisition,
telecommunications, motor vehicles, information technology
management, and related technology activities; and services
authorized by 5 U.S.C. 3109.
Language is included for the General Services
Administration, Operating Expenses, that provides funds for
Government-wide activities associated with personal and real
property disposal, and services authorized by 5 U.S.C. 3109;
and for expenses for activities associated with agency-wide
policy direction and management.
Language is included for the General Services
Administration, Civilian Board of Contract Appeals, that
provides funds for activities associated with the Civilian
Board of Contract Appeals and extends the period of
availability for certain funds.
Language is included for the General Services
Administration, Office of Inspector General, that makes certain
funds available until expended and provides for awards in
recognition of efforts that enhance the office. Language is
included for services authorized by 5 U.S.C. 3109 and
designates funds for information and detection of fraud.
Language is included for the General Services
Administration, Allowances and Office Staff for Former
Presidents, for carrying out the provisions of 3 U.S.C. 102
note and Public Law 95-138.
Language is included for the General Services
Administration, Federal Citizen Services Fund, which provides
funds for the Office of Citizen Services and other information
technology costs and allows for certain transfers to the
Federal Citizen Services Fund. Language is also included for
the Federal Citizen Services Fund that authorizes funds to be
deposited in the Fund and limits the availability of funds in
the Fund.
Language is included for the General Services
Administration, Pre-Election Presidential Transition, that
provides funds for pre-election Presidential transition
activities.
Language is included for the General Services
Administration, Asset Proceeds and Space Management Fund, that
provides funds to carry out section 16(b) of the Federal Assets
Sale and Transfer Act of 206.
Language is included for the General Services
Administration, Working Capital Fund, that provides funds for
GSA's administrative services.
In addition, the bill includes the following administrative
provisions under the General Services Administration:
Section 540. Language is included providing authority for
the use of funds for the hire of motor vehicles.
Section 541. Language is included providing that funds made
available for activities of the Federal Buildings Fund may be
transferred between appropriations with advance approval of the
Congress to apply to funds provided in prior appropriations
Acts.
Section 542. Language is included requiring funds proposed
for developing courthouse construction requests to meet
appropriate standards and the priorities of the Judicial
Conference.
Section 543. Language is included providing that no funds
may be used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any other
service usually provided, to any agency which does not pay the
assessed rent.
Section 544. Language is included permitting the General
Services Administration to pay small claims (up to $250,000)
made against the Federal Government.
Section 545. Language is included requiring the
Administrator of the General Services Administration to ensure
that the delineated area of procurement for all lease
agreements is identical to the delineated area included in the
prospectus unless prior notice is given to the Committees.
Section 546. Language is included requiring a spend plan
for certain accounts and programs.
Section 547. Language is included prohibiting the General
Services Administration or any other Federal agency from
obligating or expending funds for the leasing of facilities for
temporary or permanent use by the United States Space Command
for headquarters operations until the Administrator of the
General Services Administration, in coordination with the
Secretary of the Air Force, submits a report to the Committee
on all leased facilities associated with the U.S. Space Command
headquarters.
Language is included for the Harry S Truman Scholarship
Foundation, Salaries and Expenses, providing for payment to the
Harry S Truman Scholarship Foundation Trust Fund.
Language is included for the Merit Systems Protection
Board, Salaries and Expenses, that provides funds for services
authorized by 5 U.S.C. 3109, rental of conference rooms, hire
of passenger motor vehicles, direct procurement of survey
printing, and official reception and representation expenses;
specifies the period of availability for certain funds;
provides for administration expenses to adjudicate retirement
appeals; and provides for the transfer of certain funds.
Language is included for the Morris K. Udall and Stewart L.
Udall Foundation, 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.),
and provides for funds to be available until expended.
Language is included for the Morris K. Udall and Stewart L.
Udall Foundation, Environmental Dispute Resolution Fund, to
carry out activities under sections 10 and 11 of Public Law
111-90, and provides for funds to be available until expended.
Language is included for the National Archives and Records
Administration, Operating Expenses, that provides funds for
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901, including maintenance, repairs, and cleaning; the hire of
passenger motor vehicles; activities of the Public Interest
Declassification Board; the review and declassification of
documents; and the operations and maintenance of the electronic
records archive. Language is included for expenses necessary to
enhance the Federal Government's ability to electronically
preserve, manage, and store Government records.
Language is included for the National Archives and Records
Administration, Office of Inspector General, that provides
funds for the hire of motor vehicles.
Language is included for the National Archives and Records
Administration, Repairs and Restoration, that provides funds
for the repair, alteration, and improvement of archives
facilities and provision of adequate storage for holdings; and
provides that funds remain available until expended.
Language is included under the National Archives and
Records Administration, National Historical Publications and
Records Commission, Grants Program, that provides funds for
allocations and grants for historical publications and records;
and provides that funds remain available until expended.
Language is included under the National Credit Union
Administration, Community Development Revolving Loan Fund, that
provides funds for technical assistance and extends the
availability of funds.
Language is included under the Office of Government Ethics,
Salaries and Expenses, that provides funds for services
authorized by 5 U.S.C. 3109, rental of conference rooms, hire
of passenger motor vehicles, and official reception and
representation expenses.
Language is included under the Office of Personnel
Management, Salaries and Expenses, that provides funds for
services authorized by 5 U.S.C. 3109, medical examinations for
veterans, rental of conference rooms, hire of passenger motor
vehicles, official reception and representation expenses,
advances for reimbursements, payment of per diem or subsistence
allowances, and the transfer of administrative expenses;
directs that provisions shall not affect other authorities;
prohibits funds for the Legal Examining Unit; and authorizes
the acceptance of donations under certain conditions. Language
is included for the OPM IT Working Capital Fund.
Language is included for the Office of Personnel
Management, Office of Inspector General, Salaries and Expenses,
that provides funds for services authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, rental of conference rooms,
and a transfer for administrative expenses.
Language is included for the Office of Special Counsel,
Salaries and Expenses, that provides funds for services
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms, and the hire of
passenger motor vehicles.
Language is included for the Privacy and Civil Liberties
Oversight Board, Salaries and Expenses, that provides funds
authorized by section 1061 of 42 U.S.C. 2000ee.
Language is included for the Public Buildings Reform Board,
that provides funds for carrying out the Federal Assets Sale
and Transfer Act of 2016 (Public Law 114-287).
Language is included for the Securities and Exchange
Commission, Salaries and Expenses, that provides for rental of
space, services, reception and representation expenses, a
permanent secretariat for the International Organization of
Securities Commissions, and consultations and meetings hosted
by the Commission. Language is included limiting funding for
the Division of Enforcement. Language is included designating
funds for move, replication, and related costs associated with
a replacement lease for the Commission's District of Columbia
headquarters facilities as well as the Commission's Atlanta
office. Language is included that provides for the crediting of
offsetting collections. Language provides for the assessment
and collection of offsetting collections, authorizes retention
of such collections, and provides that they remain available
until expended.
The bill includes the following administrative provisions
under the Securities and Exchange Commission:
Section 550. Language is included prohibiting the use of
funds to finalize or enforce the Climate Disclosure rule.
Section 551. Language is included prohibiting the use of
funds to finalize or enforce the proposed ``Open-End Fund
Liquidity Risk Management Programs and Swing Pricing: Form N-
Port Reporting'' rulemaking.
Section 552. Language is included prohibiting the use of
funds to finalize, implement, or enforce the ``Regulation Best
Execution'', ``Order Competition Rule'', and ``Regulation NMS:
Minimum Pricing Increments, Access Fees, and Transparency of
Better Priced Order'' rulemakings.
Section 553. Language is included prohibiting the use of
funds by the Securities and Exchange Commission to compel a
private company to make a public offering through a change in
the definition of ``held of record.''
Section 554. Language is included prohibiting the use of
funds to finalize, implement, or enforce the ``Safeguarding
Advisory Client Assets'' rulemaking.
Section 555. Language is included prohibiting the
prohibiting the collection of personally identifiable
information (PII) under the Consolidated Audit Trail and a
report by the Government Accountability Office on the privacy
concerns, constitutionality, and authority of the SEC to
collect PII.
Section 556. Language is included prohibiting the use of
funds to finalize, implement, or enforce the rulemaking
entitled ``Amendments Regarding the Definition of ``Exchange''
and Alternative Trading Systems That Trade U.S. Treasury and
Agency Securities, National Market System Stocks, and Other
Securities''.
Language is included for the Selective Service System,
Salaries and Expenses, that provides funds for attendance of
meetings, training, hire of passenger motor vehicles, services
authorized by 5 U.S.C. 3109, and official reception and
representation expenses; authorizes certain exemptions under
certain conditions; and prohibits funds used in connection with
the induction of any person into the Armed Forces of the United
States.
Language is included for the Small Business Administration,
Salaries and Expenses, that provides funds for the hire of
motor vehicles and official reception and representation
expenses; designates funds for lender oversight activities;
provides authority to charge fees and credit such fees to the
account without further appropriation; authorizes the
acceptance of gifts; and extends the period of availability of
funds for the Loan Modernization and Accounting System and the
certification of small businesses owned by veterans and
service-disabled veterans.
Language is included for the Small Business Administration,
Entrepreneurial Development Programs, that provides funds for
programs supporting entrepreneurial and small business
development grant programs. Language is included extending the
availability of funds.
Language is included for the Small Business Administration,
Office of Inspector General, that provides funds to carry out
the provisions of the Inspector General Act of 1978.
Language is included for the Small Business Administration,
Office of Advocacy, that provides funds to carry out the
provisions of the Independent Office of Advocacy Act of 2003
and the Regulatory Flexibility Act of 1980, and provides such
funds to remain available until expended.
Language is included for the Small Business Administration,
Business Loans Program Account, providing funds for the cost of
direct loans, to remain available until expended, and limiting
commitments for certain guaranteed loan programs. Language is
also included authorizing the transfer of funds to the Salaries
and Expenses appropriation for administrative expenses.
Language is included for the Small Business Administration,
Disaster Loans Program Account, that provides funds for
administrative expenses, to remain available until expended,
and authorizes the transfer of funds to the Office of Inspector
General and the Salaries and Expenses appropriations.
The bill includes the following administrative provisions
under the Small Business Administration:
Section 560. Language is included allowing for the transfer
of funds between Small Business Administration appropriations.
Section 561. Language is included allowing for the transfer
of funds from the Small Business Administration Salaries and
Expenses and Business Loans Program Account appropriations into
the Information Technology Systems Modernization and Working
Capital Fund.
Section 562. Language is included to prohibit funds to
carry out enforcement actions for a disaster loan recipient if
that individual is unable to make monthly payments if the loan
recipient is eligible for duplication of benefits relief but
has not yet received Community Development Block Grant Funds
for which they are eligible.
Section 563. Language is included to prohibit the Small
Business Administration from further funding or transferring
funds to the Community Navigators program.
Section 564. Language is included to prohibit the Small
Business Administration from funding climate change
initiatives.
Language is included for the United States Postal Service,
Payment to the Postal Service Fund, that provides funds for
revenue foregone; stipulates that mail for overseas voting and
mail for the blind is free; prohibits funds in this Act from
being used to charge a fee to a child support enforcement
agency seeking the address of a postal customer; prohibits
funds from being used to consolidate or close small rural and
other small post offices; and requires the Postal Service to
continue to offer for sale copies of the Multinational Species
Conservation Funds Semipostal Stamp.
Language is included for the United States Postal Service,
Office of Inspector General, that provides for transfer from
the Postal Service Fund.
Language is included for the United States Tax Court,
Salaries and Expenses, that provides funds for contract
reporting; other services authorized by 5 U.S.C. 3109; and
official reception and representation expenses; that extends
the availability of some funds; and that requires that travel
expenses of the judges shall be paid upon the written
certificate of the judge.
Title VI--General Provisions--This Act
In addition, the bill provides the following provisions
under this title:
Section 601. Language is included prohibiting pay and other
expenses for non-Federal parties in regulatory or adjudicatory
proceedings funded in this Act.
Section 602. Language is included prohibiting obligations
beyond the current fiscal year and prohibiting transfers of
funds unless expressly so provided herein.
Section 603. Language is included limiting procurement
contracts for consulting service expenditures to contracts that
are matters of public record and available for public
inspection.
Section 604. Language is included prohibiting transfer of
funds in this Act without express authority.
Section 605. Language is included prohibiting the use of
funds to engage in activities that would prohibit the
enforcement of section 307 of the 1930 Tariff Act.
Section 606. Language is included concerning compliance
with the Buy American Act.
Section 607. Language is included prohibiting the use of
funds by any person or entity convicted of violating the Buy
American Act.
Section 608. Language is included limiting the authority to
reprogram funds within an appropriation above a specified
threshold without prior approval of the Committees on
Appropriations. Language is also included directing agencies to
consult with the Committees prior to any significant
reorganization, restructuring, relocation, or closing of
offices, programs, or activities and directs the agencies
funded by this Act to submit operating plans for the
Committees' review within 60 days of the bill's enactment.
Section 609. Language is included providing that fifty
percent of unobligated balances may remain available for
certain purposes.
Section 610. Language is included prohibiting funding for
the Executive Office of the President to request either a
Federal Bureau of Investigation background investigation or
Internal Revenue Service determination with respect to section
501(a) of the Internal Revenue Code of 1986, except with the
express consent of the individual involved in an investigation
or in extraordinary circumstances involving national security.
Section 611. Language is included regarding cost accounting
standards for contracts under the Federal Employee Health
Benefits Program.
Section 612. Language is included regarding non-foreign
area cost of living allowances.
Section 613. Language is included prohibiting the
expenditure of funds for abortions under the Federal Employee
Health Benefits Program.
Section 614. Language is included providing an exemption
from section 613 if the life of the mother is in danger or the
pregnancy is a result of an act of rape or incest.
Section 615. Language is included waiving restrictions on
the purchase of non-domestic articles, materials, and supplies
in the case of acquisition of information technology by the
Federal government.
Section 616. Language is included prohibiting officers or
employees of any regulatory agency or commission funded by this
Act from accepting travel payments or reimbursements from a
person or entity regulated by such agency or commission.
Section 617. Language is included requiring certain
agencies in this Act to consult with the General Services
Administration before seeking new office space or making
alterations to existing office space.
Section 618. Language is included providing for several
appropriated mandatory accounts. These are accounts where
authorizing language requires the payment of funds.
Section 619. Language is included prohibiting funds for the
Federal Trade Commission to complete the draft report on food
marketed to children.
Section 620. Language is included requiring that the head
of any executive branch agency ensure that the Chief
Information Officer has authority to participate in the budget
planning process and approval of the information technology
budget.
Section 621. Language is included prohibiting funds in
contravention of the Federal Records Act.
Section 622. Language is included prohibiting agencies from
requiring Internet Service Providers to disclose electronic
communications information in a manner that violates the Fourth
Amendment.
Section 623. Language is included prohibiting funds to be
used to deny inspectors general access to records.
Section 624. Language is included relating to Universal
Service Fund payments for wireless providers.
Section 625. Language is included prohibiting any funds
made available in this Act from being used to establish a
computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
Section 626. Language is included prohibiting any funds
made available in this Act from being used to pay for award or
incentive fees for contractors with below satisfactory
performance.
Section 627. Language is included prohibiting funds made
available in this Act from being used for certain travel and
conference activities unless an agency or entity determines
that the travel is in the national interest and advance notice
is provided to the Appropriations Committees.
Section 628. Language is included prohibiting funds made
available in this Act from being used to fund first-class or
business-class travel in contravention of Federal regulations.
Section 629. Language is included providing additional
funds for the Inspectors General Council Fund to expand and
update the Federal-wide Inspectors General website
oversight.gov.
Section 630. Language is included relating to contracts for
public relations services.
Section 631. Language is included relating to advertising
and educational programming.
Section 632. Language is included relating to statements by
grantees regarding projects or programs funded by this
agreement.
Section 633. Language is included prohibiting funds for the
Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order requiring the
disclosure of political contributions, contributions to tax-
exempt organizations, or dues paid to trade associations in SEC
filings.
Section 634. Language is included requiring agencies funded
in this Act to submit to the Committees quarterly budget
reports on obligations.
Section 635. Language is included prohibiting the
procurement of electric vehicles, electric vehicle batteries,
electric vehicle charging stations or infrastructure.
Section 636. Language is included prohibiting the
implementation of section 205 of Executive Order 14008 until a
stable supply of domestic-mined critical minerals can be
achieved.
Section 637. Language is included prohibiting the promotion
or advancement of Critical Race Theory.
Section 638. Language is included prohibiting the
implementation of Executive Orders 13985, 14035, and 14091.
Section 639. Language is included prohibiting the use of
funds to support, directly or indirectly, the Wuhan Institute
of Virology or any laboratory owned or controlled by the
governments of the People's Republic of China, the Republic of
Cuba, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, the Russian Federation, the Bolivarian
Republic of Venezuela under the regime of Nicolas Maduro Moros,
or any other country determined by the Secretary of State to be
a foreign adversary.
Section 640. Language is included repealing the Federal
Election Commission's prior approval requirement for corporate
member trade association Political Action Committees.
Section 641. Language is included prohibiting the use of
funds to discriminate against a person who speaks, or acts, in
accordance with a sincerely held religious belief, or moral
conviction, that marriage is, or should be recognized as, a
union of one man and one woman.
Section 642. Language is included rescinding certain
unobligated balances of amounts appropriated or otherwise made
available in Public Law 117-169.
Title VII--General Provisions--Government-Wide
In addition, the bill provides the following provisions
under this title:
Section 701. Language is included requiring agencies to
administer a policy designed to ensure that all of its
workplaces are free from the illegal use of controlled
substances.
Section 702. Language is included establishing price
limitations on vehicles to be purchased by the Federal
Government with certain exceptions.
Section 703. Language is included allowing funds made
available to agencies for travel to also be used for quarters
allowances and cost-of-living allowances.
Section 704. Language is included prohibiting the
employment of noncitizens with certain exceptions.
Section 705. Language is included giving agencies the
authority to pay General Services Administration bills for
space renovation and other services.
Section 706. Language is included allowing agencies to
finance the costs of recycling and waste prevention programs
with proceeds from the sale of materials recovered through such
programs.
Section 707. Language is included providing that funds made
available to corporations and agencies subject to 31 U.S.C. 91
may pay rent and other service costs in the District of
Columbia.
Section 708. Language is included prohibiting interagency
financing of groups absent prior statutory approval.
Section 709. Language is included prohibiting the use of
funds for enforcing regulations disapproved in accordance with
the applicable law of the U.S.
Section 710. Language is included limiting the amount of
funds that can be used for redecoration of offices under
certain circumstances.
Section 711. Language is included allowing for interagency
funding of national security and emergency telecommunications
initiatives.
Section 712. Language is included requiring agencies to
certify that a Schedule C appointment was not created solely or
primarily to detail the employee to the White House.
Section 713. Language is included prohibiting the payment
of any employee who prohibits, threatens, or prevents another
employee from communicating with Congress.
Section 714. Language is included prohibiting Federal
training not directly related to the performance of official
duties.
Section 715. Language is included prohibiting, other than
for normal and recognized executive-legislative relationships,
propaganda, publicity and lobbying by executive agency
personnel in support or defeat of legislative initiatives.
Section 716. Language is included prohibiting any Federal
agency from disclosing an employee's home address to any labor
organization, absent employee authorization or court order.
Section 717. Language is included prohibiting funds to be
used to provide non-public information such as mailing,
telephone, or electronic mailing lists to any person or
organization outside the government without the approval of the
Committees on Appropriations.
Section 718. Language is included prohibiting the use of
funds for propaganda and publicity purposes not authorized by
Congress.
Section 719. Language is included directing agency
employees to use official time in an honest effort to perform
official duties.
Section 720. Language is included allowing the use of funds
to finance an appropriate share of the Federal Accounting
Standards Advisory Board.
Section 721. Language is included allowing the transfer of
funds to the General Services Administration to finance an
appropriate share of various government-wide boards and
councils and for Federal Government Priority Goals under
certain conditions.
Section 722. Language is included permitting breast feeding
in a Federal building or on Federal property if the woman and
child are authorized to be there.
Section 723. Language is included permitting interagency
funding of the National Science and Technology Council and
provides for a report on the budget and resources of the
National Science and Technology Council.
Section 724. Language is included requiring documents
involving the distribution of Federal funds to indicate the
agency providing the funds and the amount provided.
Section 725. Language is included prohibiting the use of
funds to monitor personal access or use of Internet sites or to
collect, review, or obtain any personally identifiable
information relating to access to or use of an Internet site.
Section 726. Language is included requiring health plans
participating in the Federal Employees Health Benefits Program
to provide contraceptive coverage and provides exemptions to
certain religious plans.
Section 727. Language is included supporting strict
adherence to anti-doping activities.
Section 728. Language is included allowing funds for
official travel to be used by departments and agencies, if
consistent with OMB Circular A-126, to participate in the
fractional aircraft ownership pilot program.
Section 729. Language is included the prohibits the
implementation of OPM regulations limiting detailees to the
legislative branch and placing certain limitations on the Coast
Guard Congressional Fellowship program.
Section 730. Language is included restricting the use of
funds for Federal law enforcement training facilities.
Section 731. Language is included prohibiting Executive
Branch agencies from creating prepackaged news stories that are
broadcast or distributed in the United States unless the story
includes a clear notification within the text or audio of that
news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Section 732. Language is included prohibiting use of funds
in contravention of section 552a of title 5, United States Code
(the Privacy Act) and regulations implementing that section.
Section 733. Language is included prohibiting funds from
being used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation.
Section 734. Language is included requiring agencies to pay
a fee to the Office of Personnel Management for processing
retirement of employees who separate under Voluntary Early
Retirement Authority or who receive Voluntary Separation
Incentive payments.
Section 735. Language is included prohibiting any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 736. Language is included prohibiting funds for the
painting of a portrait of an employee of the Federal government
including the President, the Vice President, a Member of
Congress, the head of an executive branch agency, or the head
of an office of the legislative branch.
Section 737. Language is included limiting the pay
increases of certain prevailing rate employees.
Section 738. Language is included requiring agencies to
submit reports to Inspectors General concerning expenditures
for agency conferences.
Section 739. Language is included prohibiting funds to be
used to increase, eliminate, or reduce funding for a program or
project unless such change is made pursuant to reprogramming or
transfer provisions.
Section 740. Language is included prohibiting agencies from
using funds to implement regulations changing the competitive
areas under reductions-in-force for Federal employees.
Section 741. Language is included prohibiting the use of
funds for a public-private competition regarding the conversion
to contractor performance of any function performed by civilian
Federal employees.
Section 742. Language is included ensuring contractors are
not prevented from reporting waste, fraud, or abuse by signing
confidentiality agreements that would prohibit such disclosure.
Section 743. Language is included prohibiting the
expenditure of funds for the implementation of certain
nondisclosure agreements unless certain provisions are included
in the agreements.
Section 744. Language is included prohibiting funds to any
corporation with certain unpaid Federal tax liabilities unless
an agency has considered suspension or debarment of the
corporation and made a determination that further action is not
necessary to protect the interests of the Government.
Section 745. Language is included prohibiting funds to any
corporation that was convicted of a felony criminal violation
within the preceding 24 months unless an agency has considered
suspension or debarment of the corporation and made a
determination that further action is not necessary to protect
the interests of the Government.
Section 746. Language is included eliminating the automatic
statutory pay increase for the Vice President and certain
senior political appointees.
Section 747. Language is included related to the
impoundment of resources.
Section 748. Language is included ensuring apportionments
are approved in a timely and appropriate manner.
Section 749. Language is included addressing interagency
funding for the Unites States Army Medical Research and
Development Command, the Congressionally Directed Medical
Research Programs, and the National Institutes of Health
research programs.
Section 750. Language is included addressing accessibility
to government electronic and information technology for
individuals with disabilities.
Section 751. Language is included authorizing the transfer
of funds to GSA to support IT projects among Government-wide
boards and councils.
Section 752. Language is included requiring the retention
of certain records pertaining to GAO audits.
Section 753. Language is included prohibiting funds to
State, cities, or localities that allow-non-citizens to vote in
Federal elections.
Section 754. Language is included restricting funds to make
investments under the Thrift Savings Plan based primarily on
environmental, social, or governance criteria.
Section 755. Language is included restricting funds for
certain labeling of information.
Section 756. Language is included prohibiting funds to
recruit, hire, promote or retain any person convicted or
formally disciplined for certain charges or a registered sex
offender.
Section 757. Language is included prohibiting funds for
insurance plans in the Federal Employees Health Benefits
program to cover surgical procedures or puberty blockers or
hormone therapy for purpose of gender affirming care.
Section 758. Language is included prohibiting the
implementation of Executive Order 14019 with certain
exceptions.
Section 759. Language is included prohibiting funding until
Federal agencies return to specified telework policies,
practice, and levels.
Section. 760. Language is included concerning the non-
application of these general provisions to title IV and to
title VIII.
Title VIII--General Provisions--District of Columbia
In addition, the bill provides the following provisions
under this title:
Section 801. Language is included that allows the use of
local funds for making refunds or paying judgments against the
District of Columbia government.
Section 802. Language is included to prohibit the use of
Federal funds for publicity or propaganda designed to support
or defeat legislation before Congress or any State legislature.
Section 803. Language is included that establishes
reprograming procedures for Federal funds.
Section 804. Language is included that prohibits the use of
Federal funds for the salaries and expenses of a shadow U.S.
Senator or U.S. Representative.
Section 805. Language is included that places restrictions
on the use of District of Columbia government vehicles.
Section 806. Language is included that prohibits the use of
Federal funds for a petition or civil action that seeks to
require voting rights for the District of Columbia in Congress.
Section 807. Language is included that prohibits the use of
Federal funds in this Act to distribute, for the purpose of
preventing the spread of blood borne pathogens, sterile needles
or syringes in any location that has been determined by local
public health officials or local law enforcement authorities to
be inappropriate for such distribution.
Section 808. Language is included that concerns a
``conscience clause'' on legislation that pertains to
contraceptive coverage by health insurance plans.
Section 809. Language is included that prohibits Federal
funds to enact or carry out any law, rule, or regulation to
legalize or reduce penalties associated with the possession,
use, or distribution of any schedule I substance under the
Controlled Substances Act or any tetrahydrocannabinols
derivative. In addition, section 809 prohibits Federal and
local funds to enact any law, rule, or regulation to legalize
or reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act or any tetrahydrocannabinols derivative for
recreational purposes.
Section 810. Language is included that prohibits the use of
funds for abortion except in the cases of rape or incest or if
necessary, to save the life of the mother.
Section 811. Language is included that requires the Chief
Financial Officer (CFO) to submit a revised operating budget no
later than 30 calendar days after the enactment of this Act for
agencies the CFO certifies as requiring a reallocation to
address unanticipated program needs.
Section 812. Language is included that requires the CFO to
submit a revised operating budget for the District of Columbia
Public Schools, no later than 30 calendar days after the
enactment of this Act, which aligns schools' budgets to actual
enrollment.
Section 813. Language is included that allows for transfers
of local funds between operating funds and capital and
enterprise funds.
Section 814. Language is included that prohibits the
obligation of Federal funds beyond the current fiscal year and
transfers of funds unless expressly provided herein.
Section 815. Language is included that provides that not to
exceed 50 percent of unobligated balances from Federal
appropriations for salaries and expenses may remain available
for certain purposes. This provision applies to the District of
Columbia Courts, the Court Services and Offender Supervision
Agency, and the District of Columbia Public Defender Service.
Section 816. Language is included that appropriates local
funds during fiscal year 2025 if there is an absence of a
continuing resolution or regular appropriation for the District
of Columbia. Funds are provided under the same authorities and
conditions and in the same manner and extent as provided for in
fiscal year 2024.
Section 817. Language is included that provides the
District of Columbia authority to transfer, receive, and
acquire lands and funding it deems necessary for the
construction and operation of interstate bridges over navigable
waters, including related infrastructure, for a project to
expand commuter and regional passenger rail service and provide
bike and pedestrian access crossings.
Section 818. Language is included that requires each
Federal and District of Columbia government agency appropriated
Federal funding in this Act submit to the Committees quarterly
budget reports on obligations.
Section 819. Language is included that prohibits funds to
carry out the Reproductive Health Non-Discrimination Amendment
Act of 2014 or to implement any rule or regulation promulgated
to carry out such Act.
Section 820. Language is included that repeals the Death
with Dignity Act of 2016 and prohibits the District of Columbia
Council from passing laws related to physician-assisted suicide
in the future.
Section 821. Language is included directing the District of
Columbia to submit a report to the Committees regarding how the
District of Columbia has complied with the Partial Birth
Abortion Ban Act.
Section 822. Language is included requiring a report on
maternity care access for District of Columbia residents.
Section 823. Language is included prohibiting funds used by
the District of Columbia to enact or carry out any law which
prohibits motorists from making right turns on red.
Section 824. Language is included prohibiting funds used by
the District of Columbia to carry out D.C. Automated Traffic
Enforcement.
Section 825. Language is included repealing the inclusion
of D.C. Public Charter Schools from the exemption list in the
District of Columbia's Corrections Oversight Improvement
Omnibus Amendment Act of 2022.
Section 826. Language is included prohibiting the use of
funds by the District of Columbia to carry out the
Comprehensive Policing and Justice Reform Amendment Act of
2022.
Section 827. Language is included allowing valid weapons
carry permit holders to conceal carry in areas governed by the
District of Columbia and Washington Metropolitan Area Transit
Authority.
Section 828. Language is included reauthorizing the
Scholarships for Opportunity and Results Act through 2027 and
amending the statutory funding formula to reflect that one-half
of total funding should go toward Opportunity Scholarships,
one-sixth of total funding should go toward District of
Columbia Public Schools, and one-third of total funding should
go toward District of Columbia Public Charter Schools.
Section 829. Language is included that references to ``this
Act'' in this title or title IV are treated as referring only
to the provisions of this title and title IV.
Title IX--Additional General Provisions--Spending Reduction Account
Section 901. Language is included referencing a spending
reduction account.
PROGRAM DUPLICATION
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, no provision of this bill establishes
or reauthorizes a program of the Federal Government known to be
duplicative of another federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
[DOLLARS IN THOUSANDS]
----------------------------------------------------------------------------------------------------------------
Appropriation in
Account Last Year of Authorization Last Year of Appropriations in
Authorization Level Authorization this bill
----------------------------------------------------------------------------------------------------------------
Title I--Department of the Treasury
Departmental Offices--Salaries and n/a n/a n/a 248,109
Expenses...........................
Office of Terrorism and Financial 2013 such sums 100,000 206,842
Intelligence.......................
Cybersecurity Enhancement Account... n/a n/a n/a 150,000
Department-Wide Systems and Capital n/a n/a n/a 14,600
Investments Program................
Bureau of the Fiscal Service........ n/a n/a n/a 368,155
Alcohol and Trade Tax and Trade 2002 n/a 80,000 135,038
Bureau.............................
Community Development and Financial 1998 such sums 80,000 278,617
Institutions Fund..................
Internal Revenue Service:
Taxpayer Services............... n/a n/a n/a 2,780,606
Enforcement..................... n/a n/a n/a 4,206,180
Operations Support.............. n/a n/a n/a 4,100,826
Business Systems Modernization.. n/a n/a n/a 150,000
Title II--Executive Office of the
President
Office of Management and Budget..... 2003 various 61,988 116,000
Office of the National Cyber 2021 n/a n/a 21,000
Director...........................
Office of National Drug Control 2009 4,900 n/a 451,002
Policy.............................
Other Federal Drug Control Programs:
Anti-Doping Activities.......... 2020 14,800 10,000 14,000
CARA Grants..................... 2021 5,000 5,000 5,200
Information Technology Oversight and 2007 such sums n/a 8,000
Reform.............................
Title IV--District of Columbia
Federal Payment for Resident Tuition 2012 such sums 30,000 40,000
Support............................
Federal Payment for Emergency n/a n/a n/a 28,000
Planning and Security Costs in DC..
Federal Payment to the Court 2005 such sums n/a 287,271
Services and Offender Supervision
Agency for the District of Columbia
Federal Payment for the Judicial n/a n/a n/a 630
Commissions........................
Federal Payment for the DC National n/a n/a n/a 600
Guard..............................
Federal Payment for Testing and n/a n/a n/a 4,000
Treatment of HIV/AIDS..............
Title V--Independent Agencies
Administrative Conference of the 2011 3,400 2,750 3,523
United States......................
Consumer Financial Protection Bureau 2014 200,000 n/a 635,000
Consumer Product Safety Commission.. various various 118,000 139,050
Pool Safety Grant Program....... 2016 such sums n/a 2,500
Election Assistance Commission:
Salaries and Expenses........... 2005 10,000 14,000 20,000
Election Security Grants........ 2005 3,600,000 1,500,000 0
Federal Communications Commission... 2020 339,610 339,000 381,950
Federal Election Commission......... 1981 9,400 9,662 74,500
Federal Labor Relations Authority... 1978 such sums n/a 28,000
Federal Trade Commission............ 1998 111,000 106,500 376,530
General Services Administration:
Government-wide Policy.......... n/a n/a n/a 68,720
Federal Citizen Services Fund... n/a n/a n/a 55,000
Technology Modernization Fund... 2019 250,000 25,000 0
Working Capital Fund............ n/a n/a n/a 4,000
Electric Vehicles Fund.......... n/a n/a n/a 0
Merit Systems Protection Board...... 2007 such sums 29,110 49,345
National Historical Publications and 2009 10,000 11,250 10,000
Records Commission Grants..........
NCUA: Community Development 1998 2,000 1,000 3,500
Revolving Loan Fund................
Office of Government Ethics......... 2007 such sums 11,148 22,377
Privacy and Civil Liberties 2007 such sums n/a 13,700
Oversight Board....................
Securities and Exchange Commission.. various various 1,500,000 2,039,321
Small Business Administration
Salaries and Expenses........... various various n/a 278,378
Entrepreneurial Development various various n/a 299,250
Programs.......................
Business Loans Program Account.. 2006 such sums 1,300 169,000
Disaster Loans Program Account.. 2006 such sums n/a 178,000
Title VI--General Provisions
Oversight.gov Website Enhancements (Sec. 2021 3,500 n/a 850
629)...................................
----------------------------------------------------------------------------------------------------------------
BUDGETARY IMPACT OF THE FY 2024 FINANCIAL SERVICES AND GENERAL
GOVERNMENT APPROPRIATIONS ACT PREPARED IN CONSULTATION WITH THE
CONGRESSIONAL BUDGET OFFICE PURSUANT TO SECTION 308(A) OF THE
CONGRESSIONAL BUDGET ACT OF 1974
[In millions of dollars]
COMPARISON WITH BUDGET RESOLUTION
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocation under section 302(b) of the Budget
Act.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
-------------------------------------------------------------------------------
Budget Authority Outlays Budget Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the
bill with Committee allocations
to its subcommittees:
Subcommittee on Financial
Services and General Government
Discretionary........... 11,454 30,462 11,454 \1\31,056
Mandatory............... 22,334 22,326 22,334 \1\22,326
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
FIVE-YEAR OUTLAY PROJECTIONS
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill as
provided to the Committee by the Congressional Budget Office.
[In millions of dollars]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2024............................................ \1\41,192
2025............................................ 3,028
2026............................................ -1,306
2027............................................ -2,141
2028 and future years........................... -13,574
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
[In millions of dollars]
------------------------------------------------------------------------
Budget Authority Outlays
------------------------------------------------------------------------
Financial assistance to State 768 \1\165
and local governments for
2024.........................
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
COMMITTEE HEARINGS
For the purposes of clause 3(c)(6) of rule XIII of the
Rules of the House of Representatives, the following hearings
were used to develop or consider the Financial Services and
General Government Appropriations Act, 2024:
The Subcommittee on Financial Services and General
Government held a hearing on March 23, 2023, entitled
``President Biden's Fiscal Year 2024 Budget Request and
Economic Outlook''. The Subcommittee received testimony from:
The Honorable Janet Yellen, Secretary, Department of the
Treasury
The Honorable Shalanda Young, Director, Office of
Management and Budget
The Subcommittee on Financial Services and General
Government held a hearing on March 29, 2023, entitled ``Fiscal
Year 2024 Request for the U.S. Securities and Exchange
Commission''. The Subcommittee received testimony from:
The Honorable Gary Gensler, Chair, U.S. Securities and
Exchange Commission
The Subcommittee on Financial Services and General
Government held a hearing on April 27, 2023, entitled ``Fiscal
Year 2024 Budget Request for the Federal Trade Commission''.
The Subcommittee received testimony from:
The Honorable Lina Khan, Chair, Federal Trade Commission
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 201--GENERAL PROVISIONS
* * * * * * *
Sec. 3006A. Adequate representation of defendants
(a) Choice of Plan.--Each United States district court, with
the approval of the judicial council of the circuit, shall
place in operation throughout the district a plan for
furnishing representation for any person financially unable to
obtain adequate representation in accordance with this section.
Representation under each plan shall include counsel and
investigative, expert, and other services necessary for
adequate representation. Each plan shall provide the following:
(1) Representation shall be provided for any
financially eligible person who--
(A) is charged with a felony or a Class A
misdemeanor;
(B) is a juvenile alleged to have committed
an act of juvenile delinquency as defined in
section 5031 of this title;
(C) is charged with a violation of probation;
(D) is under arrest, when such representation
is required by law;
(E) is charged with a violation of supervised
release or faces modification, reduction, or
enlargement of a condition, or extension or
revocation of a term of supervised release;
(F) is subject to a mental condition hearing
under chapter 313 of this title;
(G) is in custody as a material witness;
(H) is entitled to appointment of counsel
under the sixth amendment to the Constitution;
(I) faces loss of liberty in a case, and
Federal law requires the appointment of
counsel; or
(J) is entitled to the appointment of counsel
under section 4109 of this title.
(2) Whenever the United States magistrate judge or
the court determines that the interests of justice so
require, representation may be provided for any
financially eligible person who--
(A) is charged with a Class B or C
misdemeanor, or an infraction for which a
sentence to confinement is authorized; or
(B) is seeking relief under section 2241,
2254, or 2255 of title 28.
(3) Private attorneys shall be appointed in a
substantial proportion of the cases. Each plan may
include, in addition to the provisions for private
attorneys, either of the following or both:
(A) Attorneys furnished by a bar association
or a legal aid agency,
(B) Attorneys furnished by a defender
organization established in accordance with the
provisions of subsection (g).
Prior to approving the plan for a district, the judicial
council of the circuit shall supplement the plan with
provisions for representation on appeal. The district court may
modify the plan at any time with the approval of the judicial
council of the circuit. It shall modify the plan when directed
by the judicial council of the circuit. The district court
shall notify the Administrative Office of the United States
Courts of any modification of its plan.
(b) Appointment of Counsel.--Counsel furnishing
representation under the plan shall be selected from a panel of
attorneys designated or approved by the court, or from a bar
association, legal aid agency, or defender organization
furnishing representation pursuant to the plan. In every case
in which a person entitled to representation under a plan
approved under subsection (a) appears without counsel, the
United States magistrate judge or the court shall advise the
person that he has the right to be represented by counsel and
that counsel will be appointed to represent him if he is
financially unable to obtain counsel. Unless the person waives
representation by counsel, the United States magistrate judge
or the court, if satisfied after appropriate inquiry that the
person is financially unable to obtain counsel, shall appoint
counsel to represent him. Such appointment may be made
retroactive to include any representation furnished pursuant to
the plan prior to appointment. The United States magistrate
judge or the court shall appoint separate counsel for persons
having interests that cannot properly be represented by the
same counsel, or when other good cause is shown.
(c) Duration and Substitution of Appointments.--A person for
whom counsel is appointed shall be represented at every stage
of the proceedings from his initial appearance before the
United States magistrate judge or the court through appeal,
including ancillary matters appropriate to the proceedings. If
at any time after the appointment of counsel the United States
magistrate judge or the court finds that the person is
financially able to obtain counsel or to make partial payment
for the representation, it may terminate the appointment of
counsel or authorize payment as provided in subsection (f), as
the interests of justice may dictate. If at any stage of the
proceedings, including an appeal, the United States magistrate
judge or the court finds that the person is financially unable
to pay counsel whom he had retained, it may appoint counsel as
provided in subsection (b) and authorize payment as provided in
subsection (d), as the interests of justice may dictate. The
United States magistrate judge or the court may, in the
interests of justice, substitute one appointed counsel for
another at any stage of the proceedings.
(d) Payment for Representation.--(1) Hourly Rate.--Any
attorney appointed pursuant to this section, or the attorney's
law firm, or a bar association or legal aid agency or community
defender organization which has provided the appointed attorney
shall, at the conclusion of the representation or any segment
thereof, be compensated at a rate not exceeding $60 per hour
for time expended in court or before a United States magistrate
judge and $40 per hour for time reasonably expended out of
court, unless the Judicial Conference determines that a higher
rate of not in excess of $75 per hour is justified for a
circuit or for particular districts within a circuit, for time
expended in court or before a United States magistrate judge
and for time expended out of court. The Judicial Conference
shall develop guidelines for determining the maximum hourly
rates for each circuit in accordance with the preceding
sentence, with variations by district, where appropriate,
taking into account such factors as the minimum range of the
prevailing hourly rates for qualified attorneys in the district
in which the representation is provided and the recommendations
of the judicial councils of the circuits. Not less than 3 years
after the effective date of the Criminal Justice Act Revision
of 1986, the Judicial Conference is authorized to raise the
maximum hourly rates specified in this paragraph up to the
aggregate of the overall average percentages of the adjustments
in the rates of pay under the General Schedule made pursuant to
section 5305 of title 5 on or after such effective date. After
the rates are raised under the preceding sentence, such maximum
hourly rates may be raised at intervals of not less than 1 year
each, up to the aggregate of the overall average percentages of
such adjustments made since the last raise was made under this
paragraph. Attorneys may be reimbursed for expenses reasonably
incurred, including the costs of transcripts authorized by the
United States magistrate or the court, and the costs of
defending actions alleging malpractice of counsel in furnishing
representational services under this section. No reimbursement
for expenses in defending against malpractice claims shall be
made if a judgment of malpractice is rendered against the
counsel furnishing representational services under this
section. The United States magistrate or the court shall make
determinations relating to reimbursement of expenses under this
paragraph.
(2) Maximum Amounts.--For representation of a defendant
before the United States magistrate judge or the district
court, or both, the compensation to be paid to an attorney, or
the attorney's law firm, or to a bar association or legal aid
agency or community defender organization shall not exceed
$7,000 for each attorney in a case in which one or more
felonies are charged, and $2,000 for each attorney in a case in
which only misdemeanors are charged. For representation of a
defendant in an appellate court, the compensation to be paid to
an attorney, or the attorney's law firm, or to a bar
association or legal aid agency or community defender
organization shall not exceed $5,000 for each attorney in each
court. For representation of a petitioner in a non-capital
habeas corpus proceeding, the compensation for each attorney
shall not exceed the amount applicable to a felony in this
paragraph for representation of a defendant before a judicial
officer of the district court. For representation of such
petitioner in an appellate court, the compensation for each
attorney shall not exceed the amount applicable for
representation of a defendant in an appellate court. For
representation of an offender before the United States Parole
Commission in a proceeding under section 4106A of this title,
the compensation shall not exceed $1,500 for each attorney in
each proceeding; for representation of an offender in an appeal
from a determination of such Commission under such section, the
compensation shall not exceed $5,000 for each attorney in each
court. For any other representation required or authorized by
this section, the compensation shall not exceed $1,500 for each
attorney in each proceeding. The compensation maximum amounts
provided in this paragraph shall increase simultaneously by the
same percentage, rounded to the nearest multiple of $100, as
the aggregate percentage increases in the maximum hourly
compensation rate paid pursuant to paragraph (1) for time
expended since the case maximum amounts were last adjusted.
(3) Waiving Maximum Amounts.--Payment in excess of any
maximum amount provided in paragraph (2) of this subsection may
be made for extended or complex representation whenever the
court in which the representation was rendered, or the United
States magistrate judge if the representation was furnished
exclusively before him, certifies that the amount of the excess
payment is necessary to provide fair compensation and the
payment is approved by the chief judge of the circuit. The
chief judge of the circuit may delegate such approval authority
to an active or senior circuit judge.
(4) Disclosure of fees.--
(A) In general.--Subject to subparagraphs (B) through
(E), the amounts paid under this subsection for
services in any case shall be made available to the
public by the court upon the court's approval of the
payment.
(B) Pre-trial or trial in progress.--If a trial is in
pre-trial status or still in progress and after
considering the defendant's interests as set forth in
subparagraph (D), the court shall--
(i) redact any detailed information on the
payment voucher provided by defense counsel to
justify the expenses to the court; and
(ii) make public only the amounts approved
for payment to defense counsel by dividing
those amounts into the following categories:
(I) Arraignment and or plea.
(II) Bail and detention hearings.
(III) Motions.
(IV) Hearings.
(V) Interviews and conferences.
(VI) Obtaining and reviewing records.
(VII) Legal research and brief
writing.
(VIII) Travel time.
(IX) Investigative work.
(X) Experts.
(XI) Trial and appeals.
(XII) Other.
(C) Trial completed.--
(i) In general.--If a request for payment is
not submitted until after the completion of the
trial and subject to consideration of the
defendant's interests as set forth in
subparagraph (D), the court shall make
available to the public an unredacted copy of
the expense voucher.
(ii) Protection of the rights of the
defendant.--If the court determines that
defendant's interests as set forth in
subparagraph (D) require a limited disclosure,
the court shall disclose amounts as provided in
subparagraph (B).
(D) Considerations.--The interests referred to in
subparagraphs (B) and (C) are--
(i) to protect any person's 5th amendment
right against self-incrimination;
(ii) to protect the defendant's 6th amendment
rights to effective assistance of counsel;
(iii) the defendant's attorney-client
privilege;
(iv) the work product privilege of the
defendant's counsel;
(v) the safety of any person; and
(vi) any other interest that justice may
require, except that the amount of the fees
shall not be considered a reason justifying any
limited disclosure under section 3006A(d)(4) of
title 18, United States Code.
(E) Notice.--The court shall provide reasonable
notice of disclosure to the counsel of the defendant
prior to the approval of the payments in order to allow
the counsel to request redaction based on the
considerations set forth in subparagraph (D). Upon
completion of the trial, the court shall release
unredacted copies of the vouchers provided by defense
counsel to justify the expenses to the court. If there
is an appeal, the court shall not release unredacted
copies of the vouchers provided by defense counsel to
justify the expenses to the court until such time as
the appeals process is completed, unless the court
determines that none of the defendant's interests set
forth in subparagraph (D) will be compromised.
(F) Effective date.--The amendment made by paragraph
(4) shall become effective 60 days after enactment of
this Act, will apply only to cases filed on or after
the effective date, and shall be in effect for no
longer than 24 months after the effective date.
(5) Filing Claims.--A separate claim for compensation and
reimbursement shall be made to the district court for
representation before the United States magistrate judge and
the court, and to each appellate court before which the
attorney provided representation to the person involved. Each
claim shall be supported by a sworn written statement
specifying the time expended, services rendered, and expenses
incurred while the case was pending before the United States
magistrate judge and the court, and the compensation and
reimbursement applied for or received in the same case from any
other source. The court shall fix the compensation and
reimbursement to be paid to the attorney, or the attorney's law
firm or to the bar association or legal aid agency or community
defender organization which provided the appointed attorney. In
cases where representation is furnished exclusively before a
United States magistrate judge, the claim shall be submitted to
him and he shall fix the compensation and reimbursement to be
paid. In cases where representation is furnished other than
before the United States magistrate judge, the district court,
or an appellate court, claims shall be submitted to the
district court which shall fix the compensation and
reimbursement to be paid.
(6) New Trials.--For purposes of compensation and other
payments authorized by this section, an order by a court
granting a new trial shall be deemed to initiate a new case.
(7) Proceedings Before Appellate Courts.--If a person for
whom counsel is appointed under this section appeals to an
appellate court or petitions for a writ of certiorari, he may
do so without prepayment of fees and costs or security therefor
and without filing the affidavit required by section 1915(a) of
title 28.
(e) Services Other Than Counsel.--(1) Upon Request.--Counsel
for a person who is financially unable to obtain investigative,
expert, or other services necessary for adequate representation
may request them in an ex parte application. Upon finding,
after appropriate inquiry in an ex parte proceeding, that the
services are necessary and that the person is financially
unable to obtain them, the court, or the United States
magistrate judge if the services are required in connection
with a matter over which he has jurisdiction, shall authorize
counsel to obtain the services.
(2) Without Prior Request.--(A) Counsel appointed under this
section may obtain, subject to later review, investigative,
expert, and other services without prior authorization if
necessary for adequate representation. Except as provided in
subparagraph (B) of this paragraph, the total cost of services
obtained without prior authorization may not exceed $800 and
expenses reasonably incurred.
(B) The court, or the United States magistrate judge (if the
services were rendered in a case disposed of entirely before
the United States magistrate judge), may, in the interest of
justice, and upon the finding that timely procurement of
necessary services could not await prior authorization, approve
payment for such services after they have been obtained, even
if the cost of such services exceeds $800.
(3) Maximum Amounts.--Compensation to be paid to a person for
services rendered by him to a person under this subsection, or
to be paid to an organization for services rendered by an
employee thereof, shall not exceed $2,400, exclusive of
reimbursement for expenses reasonably incurred, unless payment
in excess of that limit is certified by the court, or by the
United States magistrate judge if the services were rendered in
connection with a case disposed of entirely before him, as
necessary to provide fair compensation for services of an
unusual character or duration, and the amount of the excess
payment is approved by the chief judge of the circuit. The
chief judge of the circuit may delegate such approval authority
to an active or senior circuit judge.
(4) Disclosure of fees.--The amounts paid under this
subsection for services in any case shall be made available to
the public.
(5) The dollar amounts provided in paragraphs (2) and (3)
shall be adjusted simultaneously by an amount, rounded to the
nearest multiple of $100, equal to the percentage of the
cumulative adjustments taking effect under section 5303 of
title 5 in the rates of pay under the General Schedule since
the date the dollar amounts provided in paragraphs (2) and (3),
respectively, were last enacted or adjusted by statute.
(f) Receipt of Other Payments.--Whenever the United States
magistrate judge or the court finds that funds are available
for payment from or on behalf of a person furnished
representation, it may authorize or direct that such funds be
paid to the appointed attorney, or the attorney's law firm, to
the bar association or legal aid agency or community defender
organization which provided the appointed attorney, to any
person or organization authorized pursuant to subsection (e) to
render investigative, expert, or other services, or to the
court for deposit in the Treasury as a reimbursement to the
appropriation, current at the time of payment, to carry out the
provisions of this section. Except as so authorized or
directed, no such person or organization may request or accept
any payment or promise of payment for representing a defendant.
(g) Defender Organization.--(1) Qualifications.--A district
or a part of a district in which at least two hundred persons
annually require the appointment of counsel may establish a
defender organization as provided for either under
subparagraphs (A) or (B) of paragraph (2) of this subsection or
both. Two adjacent districts or parts of districts may
aggregate the number of persons required to be represented to
establish eligibility for a defender organization to serve both
areas. In the event that adjacent districts or parts of
districts are located in different circuits, the plan for
furnishing representation shall be approved by the judicial
council of each circuit.
(2) Types of Defender Organizations.--(A) Federal Public
Defender Organization.--A Federal Public Defender Organization
shall consist of one or more full-time salaried attorneys. An
organization for a district or part of a district or two
adjacent districts or parts of districts shall be supervised by
a Federal Public Defender appointed by the court of appeals of
the circuit, without regard to the provisions of title 5
governing appointments in the competitive service, after
considering recommendations from the district court or courts
to be served. Nothing contained herein shall be deemed to
authorize more than one Federal Public Defender within a single
judicial district. The Federal Public Defender shall be
appointed for a term of four years, unless sooner removed by
the court of appeals of the circuit for incompetency,
misconduct in office, or neglect of duty. Upon the expiration
of his term, a Federal Public Defender may, by a majority vote
of the judges of the court of appeals, continue to perform the
duties of his office until his successor is appointed, or until
one year after the expiration of such Defender's term,
whichever is earlier. The compensation of the Federal Public
Defender shall be fixed by the court of appeals of the circuit
at a rate not to exceed the compensation received by the United
States attorney for the district where representation is
furnished or, if two districts or parts of districts are
involved, the compensation of the higher paid United States
attorney of the districts. The Federal Public Defender may
appoint, without regard to the provisions of title 5 governing
appointments in the competitive service, full-time attorneys in
such number as may be approved by the court of appeals of the
circuit and other personnel in such number as may be approved
by the Director of the Administrative Office of the United
States Courts. Compensation paid to such attorneys and other
personnel of the organization shall be fixed by the Federal
Public Defender at a rate not to exceed that paid to attorneys
and other personnel of similar qualifications and experience in
the Office of the United States attorney in the district where
representation is furnished or, if two districts or parts of
districts are involved, the higher compensation paid to persons
of similar qualifications and experience in the districts.
Neither the Federal Public Defender nor any attorney so
appointed by him may engage in the private practice of law.
Each organization shall submit to the Director of the
Administrative Office of the United States Courts, at the time
and in the form prescribed by him, reports of its activities
and financial position and its proposed budget. The Director of
the Administrative Office shall submit, in accordance with
section 605 of title 28, a budget for each organization for
each fiscal year and shall out of the appropriations therefor
make payments to and on behalf of each organization. Payments
under this subparagraph to an organization shall be in lieu of
payments under subsection (d) or (e).
(B) Community Defender Organization.--A Community Defender
Organization shall be a non-profit defense counsel service
established and administered by any group authorized by the
plan to provide representation. The organization shall be
eligible to furnish attorneys and receive payments under this
section if its bylaws are set forth in the plan of the district
or districts in which it will serve. Each organization shall
submit to the Judicial Conference of the United States an
annual report setting forth its activities and financial
position and the anticipated caseload and expenses for the next
fiscal year. Upon application an organization may, to the
extent approved by the Judicial Conference of the United
States:
(i) receive an initial grant for expenses necessary
to establish the organization; and
(ii) in lieu of payments under subsection (d) or (e),
receive periodic sustaining grants to provide
representation and other expenses pursuant to this
section.
(3) Malpractice and Negligence Suits.--The Director of the
Administrative Office of the United States Courts shall, to the
extent the Director considers appropriate, provide
representation for and hold harmless, or provide liability
insurance for, any person who is an officer or employee of a
Federal Public Defender Organization established under this
subsection, or a Community Defender Organization established
under this subsection which is receiving periodic sustaining
grants, for money damages for injury, loss of liberty, loss of
property, or personal injury or death arising from malpractice
or negligence of any such officer or employee in furnishing
representational services under this section while acting
within the scope of that person's office or employment.
(h) Rules and Reports.--Each district court and court of
appeals of a circuit shall submit a report on the appointment
of counsel within its jurisdiction to the Administrative Office
of the United States Courts in such form and at such times as
the Judicial Conference of the United States may specify. The
Judicial Conference of the United States may, from time to
time, issue rules and regulations governing the operation of
plans formulated under this section.
(i) Appropriations.--There are authorized to be appropriated
to the United States courts, out of any money in the Treasury
not otherwise appropriated, sums necessary to carry out the
provisions of this section, including funds for the continuing
education and training of persons providing representational
services under this section. When so specified in appropriation
acts, such appropriations shall remain available until
expended. Payments from such appropriations shall be made under
the supervision of the Director of the Administrative Office of
the United States Courts.
(j) Districts Included.--As used in this section, the term
``district court'' means each district court of the United
States created by chapter 5 of title 28, the District Court of
the Virgin Islands, the District Court for the Northern Mariana
Islands, and the District Court of Guam.
(k) Applicability in the District of Columbia.--The
provisions of this section shall apply in the United States
District Court for the District of Columbia and the United
States Court of Appeals for the District of Columbia Circuit.
The provisions of this section shall not apply to the Superior
Court of the District of Columbia and the District of Columbia
Court of Appeals.
* * * * * * *
----------
SECTION 203 OF THE JUDICIAL IMPROVEMENTS ACT OF 1990
SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate--
(1) 1 additional district judge for the western
district of Arkansas;
(2) 2 additional district judges for the northern
district of California;
(3) 5 additional district judges for the central
district of California;
(4) 1 additional district judge for the southern
district of California;
(5) 2 additional district judges for the district of
Connecticut;
(6) 2 additional district judges for the middle
district of Florida;
(7) 1 additional district judge for the northern
district of Florida;
(8) 1 additional district judge for the southern
district of Florida;
(9) 1 additional district judge for the middle
district of Georgia;
(10) 1 additional district judge for the northern
district of Illinois;
(11) 1 additional district judge for the southern
district of Iowa;
(12) 1 additional district judge for the western
district of Louisiana;
(13) 1 additional district judge for the district of
Maine;
(14) 1 additional district judge for the district of
Massachusetts;
(15) 1 additional district judge for the southern
district of Mississippi;
(16) 1 additional district judge for the eastern
district of Missouri;
(17) 1 additional district judge for the district of
New Hampshire;
(18) 3 additional district judges for the district of
New Jersey;
(19) 1 additional district judge for the district of
New Mexico;
(20) 1 additional district judge for the southern
district of New York;
(21) 3 additional district judges for the eastern
district of New York;
(22) 1 additional district judge for the middle
district of North Carolina;
(23) 1 additional district judge for the southern
district of Ohio;
(24) 1 additional district judge for the northern
district of Oklahoma;
(25) 1 additional district judge for the western
district of Oklahoma;
(26) 1 additional district judge for the district of
Oregon;
(27) 3 additional district judges for the eastern
district of Pennsylvania;
(28) 1 additional district judge for the middle
district of Pennsylvania;
(29) 1 additional district judge for the district of
South Carolina;
(30) 1 additional district judge for the eastern
district of Tennessee;
(31) 1 additional district judge for the western
district of Tennessee;
(32) 1 additional district judge for the middle
district of Tennessee;
(33) 2 additional district judges for the northern
district of Texas;
(34) 1 additional district judge for the eastern
district of Texas;
(35) 5 additional district judges for the southern
district of Texas;
(36) 3 additional district judges for the western
district of Texas;
(37) 1 additional district judge for the district of
Utah;
(38) 1 additional district judge for the eastern
district of Washington;
(39) 1 additional district judge for the northern
district of West Virginia;
(40) 1 additional district judge for the southern
district of West Virginia; and
(41) 1 additional district judge for the district of
Wyoming.
(b) Existing Judgeships.--(1) The existing district
judgeships for the western district of Arkansas, the northern
district of Illinois, the northern district of Indiana, the
district of Massachusetts, the western district of New York,
the eastern district of North Carolina, the northern district
of Ohio, and the western district of Washington authorized by
section 202(b) of the Bankruptcy Amendments and Federal
Judgeship Act of 1984 (Public Law 98-353, 98 Stat. 347-348)
shall, as of the effective date of this title, be authorized
under section 133 of title 28, United States Code, and the
incumbents in those offices shall hold the office under section
133 of title 28, United States Code, as amended by this title.
(2)(A) The existing 2 district judgeships for the eastern and
western districts of Arkansas (provided by section 133 of title
28, United States Code, as in effect on the day before the
effective date of this title) shall be district judgeships for
the eastern district of Arkansas only, and the incumbents of
such judgeships shall hold the offices under section 133 of
title 28, United States Code, as amended by this title.
(B) The existing district judgeship for the northern and
southern districts of Iowa (provided by section 133 of title
28, United States Code, as in effect on the day before the
effective date of this title) shall be a district judgeship for
the northern district of Iowa only, and the incumbent of such
judgeship shall hold the office under section 133 of title 28,
United States Code, as amended by this title.
(C) The existing district judgeship for the northern,
eastern, and western districts of Oklahoma (provided by section
133 of title 28, United States Code, as in effect on the day
before the effective date of this title) and the occupant of
which has his or her official duty station at Oklahoma City on
the date of the enactment of this title, shall be a district
judgeship for the western district of Oklahoma only, and the
incumbent of such judgeship shall hold the office under section
133 of title 28, United States Code, as amended by this title.
(c) Temporary Judgeships.--The President shall appoint, by
and with the advice and consent of the Senate--
(1) 1 additional district judge for the eastern
district of California;
(2) 1 additional district judge for the district of
Hawaii;
(3) 1 additional district judge for the central
district of Illinois;
(4) 1 additional district judge for the southern
district of Illinois;
(5) 1 additional district judge for the district of
Kansas;
(6) 1 additional district judge for the western
district of Michigan;
(7) 1 additional district judge for the eastern
district of Missouri;
(8) 1 additional district judge for the district of
Nebraska;
(9) 1 additional district judge for the northern
district of New York;
(10) 1 additional district judge for the northern
district of Ohio;
(11) 1 additional district judge for the eastern
district of Pennsylvania; and
(12) 1 additional district judge for the eastern
district of Virginia.
Except with respect to the district of Kansas, the western
district of Michigan, the eastern district of Pennsylvania, the
district of Hawaii, and the northern district of Ohio, the
first vacancy in the office of district judge in each of the
judicial districts named in this subsection, occurring 10 years
or more after the confirmation date of the judge named to fill
the temporary judgeship created by this subsection, shall not
be filled. The first vacancy in the office of district judge in
the district of Kansas occurring [32 years and 6 months] 33
years and 6 months or more after the confirmation date of the
judge named to fill the temporary judgeship created for such
district under this subsection, shall not be filled. The first
vacancy in the office of district judge in the western district
of Michigan, occurring after December 1, 1995, shall not be
filled. The first vacancy in the office of district judge in
the eastern district of Pennsylvania, occurring 5 years or more
after the confirmation date of the judge named to fill the
temporary judgeship created for such district under this
subsection, shall not be filled. The first vacancy in the
office of district judge in the northern district of Ohio
occurring 19 years or more after the confirmation date of the
judge named to fill the temporary judgeship created under this
subsection shall not be filled. The first vacancy in the office
of the district judge in the district of Hawaii occurring [29
years and 6 months] 30 years and 6 months or more after the
confirmation date of the judge named to fill the temporary
judgeship created under this subsection shall not be filled.
For districts named in this subsection for which multiple
judgeships are created by this Act, the last of those
judgeships filled shall be the judgeships created under this
section.
* * * * * * *
----------
TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE JUDICIARY,
THE DISTRICT OF COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT,
2006
* * * * * * *
DIVISION A--TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT,
THE JUDICIARY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments of
Transportation, Treasury, Housing and Urban Development, the
Judiciary, and independent agencies for the fiscal year ending
September 30, 2006, and for other purposes, namely:
* * * * * * *
TITLE IV
THE JUDICIARY
* * * * * * *
Sec. 406. The existing judgeship for the eastern district of
Missouri authorized by section 203(c) of the Judicial
Improvements Act of 1990 (Public Law 101-650, 104 Stat. 5089)
as amended by Public Law 105-53, as of the effective date of
this Act, shall be extended. The first vacancy in the office of
district judge in this district occurring [30 years and 6
months] 31 years and 6 months or more after the confirmation
date of the judge named to fill the temporary judgeship created
by section 203(c) shall not be filled.
* * * * * * *
----------
21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT
* * * * * * *
DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS
AUTHORIZATION ACT
* * * * * * *
TITLE III
MISCELLANEOUS
* * * * * * *
SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.
(a) Permanent District Judges for the District Courts.--
(1) In general.--The President shall appoint, by and
with the advice and consent of the Senate--
(A) 5 additional district judges for the
southern district of California;
(B) 1 additional district judge for the
western district of North Carolina; and
(C) 2 additional district judges for the
western district of Texas.
(2) [Omitted--Amendatory]
(b) District Judgeships for the Central and Southern
Districts of Illinois, the Northern District of New York, and
the Eastern District of Virginia.--
(1) Conversion of temporary judgeships to permanent
judgeships.--The existing district judgeships for the
central district and the southern district of Illinois,
the northern district of New York, and the eastern
district of Virginia authorized by section 203(c) (3),
(4), (9), and (12) of the Judicial Improvements Act of
1990 (Public Law 101-650, 28 U.S.C. 133 note) shall be
authorized under section 133 of title 28, United States
Code, and the incumbents in such offices shall hold the
offices under section 133 of title 28, United States
Code (as amended by this section).
(2) [Omitted--Amendatory]
(3) Effective date.--With respect to the central or
southern district of Illinois, the northern district of
New York, or the eastern district of Virginia, this
subsection shall take effect on the earlier of--
(A) the date on which the first vacancy in
the office of district judge occurs in such
district; or
(B) July 15, 2003.
(c) Temporary Judgeships.--
(1) In general.--The President shall appoint, by and
with the advice and consent of the Senate--
(A) 1 additional district judge for the
northern district of Alabama;
(B) 1 additional judge for the district of
Arizona;
(C) 1 additional judge for the central
district of California;
(D) 1 additional judge for the southern
district of Florida;
(E) 1 additional district judge for the
district of New Mexico;
(F) 1 additional district judge for the
western district of North Carolina; and
(G) 1 additional district judge for the
eastern district of Texas.
(2) Vacancies not filled.--The first vacancy in the
office of district judge in each of the offices of
district judge authorized by this subsection, except in
the case of the central district of California and the
western district of North Carolina, occurring [21] 22
years or more after the confirmation date of the judge
named to fill the temporary district judgeship created
in the applicable district by this subsection, shall
not be filled. The first vacancy in the office of
district judge in the central district of California
occurring [20 years and 6 months] 21 years and 6 months
or more after the confirmation date of the judge named
to fill the temporary district judgeship created in
that district by this subsection, shall not be filled.
The first vacancy in the office of district judge in
the western district of North Carolina occurring [19]
20 years or more after the confirmation date of the
judge named to fill the temporary district judgeship
created in that district by this subsection, shall not
be filled.
(3) Effective date.--This subsection shall take
effect on July 15, 2003.
(d) Extension of Temporary Federal District Court Judgeship
for the Northern District of Ohio.--
(1) In general.--[Omitted--Amendatory]
(2) Effective date.--The amendments made by this
subsection shall take effect on the date of enactment
of this Act.
(e) Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
section, including such sums as may be necessary to provide
appropriate space and facilities for the judicial positions
created by this section.
* * * * * * *
----------
UNIVERSAL SERVICE ANTIDEFICIENCY TEMPORARY SUSPENSION ACT
* * * * * * *
TITLE III--UNIVERSAL SERVICE
* * * * * * *
SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNIVERSAL
SERVICE FUND.
(a) In General.--During the period beginning on the date of
enactment of this Act and ending on [December 31, 2023]
December 31, 2024, section 1341 and subchapter II of chapter 15
of title 31, United States Code, do not apply--
(1) to any amount collected or received as Federal
universal service contributions required by section 254
of the Communications Act of 1934 (47 U.S.C. 254),
including any interest earned on such contributions;
nor
(2) to the expenditure or obligation of amounts
attributable to such contributions for universal
service support programs established pursuant to that
section.
(b) Post-2005 Fulfillment of Protected Obligations.--Section
1341 and subchapter II of chapter 15 of title 31, United States
Code, do not apply after [December 31, 2023] December 31, 2024,
to an expenditure or obligation described in subsection (a)(2)
made or authorized during the period described in subsection
(a).
----------
DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Dodd-Frank
Wall Street Reform and Consumer Protection Act''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE X--BUREAU OF CONSUMER FINANCIAL PROTECTION
Sec. 1001. Short title.
Sec. 1002. Definitions.
* * * * * * *
Subtitle F--Transfer of Functions and Personnel; Transitional Provisions
Sec. 1061. Transfer of consumer financial protection functions.
* * * * * * *
[Sec. 1066. Interim authority of the Secretary.]
* * * * * * *
TITLE I--FINANCIAL STABILITY
* * * * * * *
Subtitle A--Financial Stability Oversight Council
SEC. 111. FINANCIAL STABILITY OVERSIGHT COUNCIL ESTABLISHED.
(a) Establishment.--Effective on the date of enactment of
this Act, there is established the Financial Stability
Oversight Council.
(b) Membership.--The Council shall consist of the following
members:
(1) Voting members.--The voting members, who shall
each have 1 vote on the Council shall be--
(A) the Secretary of the Treasury, who shall
serve as Chairperson of the Council;
(B) the Chairman of the Board of Governors;
(C) the Comptroller of the Currency;
(D) the [Director] Chair of the Bureau;
(E) the Chairman of the Commission;
(F) the Chairperson of the Corporation;
(G) the Chairperson of the Commodity Futures
Trading Commission;
(H) the Director of the Federal Housing
Finance Agency;
(I) the Chairman of the National Credit Union
Administration Board; and
(J) an independent member appointed by the
President, by and with the advice and consent
of the Senate, having insurance expertise.
(2) Nonvoting members.--The nonvoting members, who
shall serve in an advisory capacity as a nonvoting
member of the Council, shall be--
(A) the Director of the Office of Financial
Research;
(B) the Director of the Federal Insurance
Office;
(C) a State insurance commissioner, to be
designated by a selection process determined by
the State insurance commissioners;
(D) a State banking supervisor, to be
designated by a selection process determined by
the State banking supervisors; and
(E) a State securities commissioner (or an
officer performing like functions), to be
designated by a selection process determined by
such State securities commissioners.
(3) Nonvoting member participation.--The nonvoting
members of the Council shall not be excluded from any
of the proceedings, meetings, discussions, or
deliberations of the Council, except that the
Chairperson may, upon an affirmative vote of the member
agencies, exclude the nonvoting members from any of the
proceedings, meetings, discussions, or deliberations of
the Council when necessary to safeguard and promote the
free exchange of confidential supervisory information.
(c) Terms; Vacancy.--
(1) Terms.--The independent member of the Council
shall serve for a term of 6 years, and each nonvoting
member described in subparagraphs (C), (D), and (E) of
subsection (b)(2) shall serve for a term of 2 years.
(2) Vacancy.--Any vacancy on the Council shall be
filled in the manner in which the original appointment
was made.
(3) Acting officials may serve.--In the event of a
vacancy in the office of the head of a member agency or
department, and pending the appointment of a successor,
or during the absence or disability of the head of a
member agency or department, the acting head of the
member agency or department shall serve as a member of
the Council in the place of that agency or department
head.
(4) Term of independent member.--Notwithstanding
paragraph (1), if a successor to the independent member
of the Council serving under subsection (b)(1)(J) is
not appointed and confirmed by the end of the term of
service of such member, such member may continue to
serve until the earlier of--
(A) 18 months after the date on which the
term of service ends; or
(B) the date on which a successor to such
member is appointed and confirmed.
(d) Technical and Professional Advisory Committees.--The
Council may appoint such special advisory, technical, or
professional committees as may be useful in carrying out the
functions of the Council, including an advisory committee
consisting of State regulators, and the members of such
committees may be members of the Council, or other persons, or
both.
(e) Meetings.--
(1) Timing.--The Council shall meet at the call of
the Chairperson or a majority of the members then
serving, but not less frequently than quarterly.
(2) Rules for conducting business.--The Council shall
adopt such rules as may be necessary for the conduct of
the business of the Council. Such rules shall be rules
of agency organization, procedure, or practice for
purposes of section 553 of title 5, United States Code.
(f) Voting.--Unless otherwise specified, the Council shall
make all decisions that it is authorized or required to make by
a majority vote of the voting members then serving.
(g) Nonapplicability of Chapter 10 of Title 5, United States
Code.--Chapter 10 of title 5, United States Code, shall not
apply to the Council, or to any special advisory, technical, or
professional committee appointed by the Council, except that,
if an advisory, technical, or professional committee has one or
more members who are not employees of or affiliated with the
United States Government, the Council shall publish a list of
the names of the members of such committee.
(h) Assistance From Federal Agencies.--Any department or
agency of the United States may provide to the Council and any
special advisory, technical, or professional committee
appointed by the Council, such services, funds, facilities,
staff, and other support services as the Council may determine
advisable.
(i) Compensation of Members.--
(1) Federal employee members.--All members of the
Council 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.
(2) Compensation for non-federal member.--Section
5314 of title 5, United States Code, is amended by
adding at the end the following:``Independent Member of
the Financial Stability Oversight Council (1).''.
(j) Detail of Government Employees.--Any employee of the
Federal Government may be detailed to the Council without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege. An employee of the
Federal Government detailed to the Council shall report to and
be subject to oversight by the Council during the assignment to
the Council, and shall be compensated by the department or
agency from which the employee was detailed.
* * * * * * *
TITLE IX--INVESTOR PROTECTIONS AND IMPROVEMENTS TO THE REGULATION OF
SECURITIES
SEC. 901. SHORT TITLE.
This title may be cited as the ``Investor Protection and
Securities Reform Act of 2010''.
* * * * * * *
TITLE X--BUREAU OF CONSUMER FINANCIAL PROTECTION
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Consumer Financial
Protection Act of 2010''.
SEC. 1002. DEFINITIONS.
Except as otherwise provided in this title, for purposes of
this title, the following definitions shall apply:
(1) Affiliate.--The term ``affiliate'' means any
person that controls, is controlled by, or is under
common control with another person.
(2) Bureau.--The term ``Bureau'' means the Bureau of
Consumer Financial Protection.
(3) Business of insurance.--The term ``business of
insurance'' means the writing of insurance or the
reinsuring of risks by an insurer, including all acts
necessary to such writing or reinsuring and the
activities relating to the writing of insurance or the
reinsuring of risks conducted by persons who act as, or
are, officers, directors, agents, or employees of
insurers or who are other persons authorized to act on
behalf of such persons.
(4) Consumer.--The term ``consumer'' means an
individual or an agent, trustee, or representative
acting on behalf of an individual.
(5) Consumer financial product or service.--The term
``consumer financial product or service'' means any
financial product or service that is described in one
or more categories under--
(A) paragraph (15) and is offered or provided
for use by consumers primarily for personal,
family, or household purposes; or
(B) clause (i), (iii), (ix), or (x) of
paragraph (15)(A), and is delivered, offered,
or provided in connection with a consumer
financial product or service referred to in
subparagraph (A).
(6) Covered person.--The term ``covered person''
means--
(A) any person that engages in offering or
providing a consumer financial product or
service; and
(B) any affiliate of a person described in
subparagraph (A) if such affiliate acts as a
service provider to such person.
(7) Credit.--The term ``credit'' means the right
granted by a person to a consumer to defer payment of a
debt, incur debt and defer its payment, or purchase
property or services and defer payment for such
purchase.
(8) Deposit-taking activity.--The term ``deposit-
taking activity'' means--
(A) the acceptance of deposits, maintenance
of deposit accounts, or the provision of
services related to the acceptance of deposits
or the maintenance of deposit accounts;
(B) the acceptance of funds, the provision of
other services related to the acceptance of
funds, or the maintenance of member share
accounts by a credit union; or
(C) the receipt of funds or the equivalent
thereof, as the Bureau may determine by rule or
order, received or held by a covered person (or
an agent for a covered person) for the purpose
of facilitating a payment or transferring funds
or value of funds between a consumer and a
third party.
(9) Designated transfer date.--The term ``designated
transfer date'' means the date established under
section 1062.
[(10) Director.--The term ``Director'' means the
Director of the Bureau.]
(11) Electronic conduit services.--The term
``electronic conduit services''--
(A) means the provision, by a person, of
electronic data transmission, routing,
intermediate or transient storage, or
connections to a telecommunications system or
network; and
(B) does not include a person that provides
electronic conduit services if, when providing
such services, the person--
(i) selects or modifies the content
of the electronic data;
(ii) transmits, routes, stores, or
provides connections for electronic
data, including financial data, in a
manner that such financial data is
differentiated from other types of data
of the same form that such person
transmits, routes, or stores, or with
respect to which, provides connections;
or
(iii) is a payee, payor,
correspondent, or similar party to a
payment transaction with a consumer.
(12) Enumerated consumer laws.--Except as otherwise
specifically provided in section 1029, subtitle G or
subtitle H, the term ``enumerated consumer laws''
means--
(A) the Alternative Mortgage Transaction
Parity Act of 1982 (12 U.S.C. 3801 et seq.);
(B) the Consumer Leasing Act of 1976 (15
U.S.C. 1667 et seq.);
(C) the Electronic Fund Transfer Act (15
U.S.C. 1693 et seq.), except with respect to
section 920 of that Act;
(D) the Equal Credit Opportunity Act (15
U.S.C. 1691 et seq.);
(E) the Fair Credit Billing Act (15 U.S.C.
1666 et seq.);
(F) the Fair Credit Reporting Act (15 U.S.C.
1681 et seq.), except with respect to sections
615(e) and 628 of that Act (15 U.S.C. 1681m(e),
1681w);
(G) the Home Owners Protection Act of 1998
(12 U.S.C. 4901 et seq.);
(H) the Fair Debt Collection Practices Act
(15 U.S.C. 1692 et seq.);
(I) subsections (b) through (f) of section 43
of the Federal Deposit Insurance Act (12 U.S.C.
1831t(c)-(f));
(J) sections 502 through 509 of the Gramm-
Leach-Bliley Act (15 U.S.C. 6802-6809) except
for section 505 as it applies to section
501(b);
(K) the Home Mortgage Disclosure Act of 1975
(12 U.S.C. 2801 et seq.);
(L) the Home Ownership and Equity Protection
Act of 1994 (15 U.S.C. 1601 note);
(M) the Real Estate Settlement Procedures Act
of 1974 (12 U.S.C. 2601 et seq.);
(N) the S.A.F.E. Mortgage Licensing Act of
2008 (12 U.S.C. 5101 et seq.);
(O) the Truth in Lending Act (15 U.S.C. 1601
et seq.);
(P) the Truth in Savings Act (12 U.S.C. 4301
et seq.);
(Q) section 626 of the Omnibus Appropriations
Act, 2009 (Public Law 111-8); and
(R) the Interstate Land Sales Full Disclosure
Act (15 U.S.C. 1701).
(13) Fair lending.--The term ``fair lending'' means
fair, equitable, and nondiscriminatory access to credit
for consumers.
(14) Federal consumer financial law.--The term
``Federal consumer financial law'' means the provisions
of this title, the enumerated consumer laws, the laws
for which authorities are transferred under subtitles F
and H, and any rule or order prescribed by the Bureau
under this title, an enumerated consumer law, or
pursuant to the authorities transferred under subtitles
F and H. The term does not include the Federal Trade
Commission Act.
(15) Financial product or service.--
(A) In general.--The term ``financial product
or service'' means--
(i) extending credit and servicing
loans, including acquiring, purchasing,
selling, brokering, or other extensions
of credit (other than solely extending
commercial credit to a person who
originates consumer credit
transactions);
(ii) extending or brokering leases of
personal or real property that are the
functional equivalent of purchase
finance arrangements, if--
(I) the lease is on a non-
operating basis;
(II) the initial term of the
lease is at least 90 days; and
(III) in the case of a lease
involving real property, at the
inception of the initial lease,
the transaction is intended to
result in ownership of the
leased property to be
transferred to the lessee,
subject to standards prescribed
by the Bureau;
(iii) providing real estate
settlement services, except such
services excluded under subparagraph
(C), or performing appraisals of real
estate or personal property;
(iv) engaging in deposit-taking
activities, transmitting or exchanging
funds, or otherwise acting as a
custodian of funds or any financial
instrument for use by or on behalf of a
consumer;
(v) selling, providing, or issuing
stored value or payment instruments,
except that, in the case of a sale of,
or transaction to reload, stored value,
only if the seller exercises
substantial control over the terms or
conditions of the stored value provided
to the consumer where, for purposes of
this clause--
(I) a seller shall not be
found to exercise substantial
control over the terms or
conditions of the stored value
if the seller is not a party to
the contract with the consumer
for the stored value product,
and another person is
principally responsible for
establishing the terms or
conditions of the stored value;
and
(II) advertising the
nonfinancial goods or services
of the seller on the stored
value card or device is not in
itself an exercise of
substantial control over the
terms or conditions;
(vi) providing check cashing, check
collection, or check guaranty services;
(vii) providing payments or other
financial data processing products or
services to a consumer by any
technological means, including
processing or storing financial or
banking data for any payment
instrument, or through any payments
systems or network used for processing
payments data, including payments made
through an online banking system or
mobile telecommunications network,
except that a person shall not be
deemed to be a covered person with
respect to financial data processing
solely because the person--
(I) is a merchant, retailer,
or seller of any nonfinancial
good or service who engages in
financial data processing by
transmitting or storing
payments data about a consumer
exclusively for purpose of
initiating payments
instructions by the consumer to
pay such person for the
purchase of, or to complete a
commercial transaction for,
such nonfinancial good or
service sold directly by such
person to the consumer; or
(II) provides access to a
host server to a person for
purposes of enabling that
person to establish and
maintain a website;
(viii) providing financial advisory
services (other than services relating
to securities provided by a person
regulated by the Commission or a person
regulated by a State securities
Commission, but only to the extent that
such person acts in a regulated
capacity) to consumers on individual
financial matters or relating to
proprietary financial products or
services (other than by publishing any
bona fide newspaper, news magazine, or
business or financial publication of
general and regular circulation,
including publishing market data, news,
or data analytics or investment
information or recommendations that are
not tailored to the individual needs of
a particular consumer), including--
(I) providing credit
counseling to any consumer; and
(II) providing services to
assist a consumer with debt
management or debt settlement,
modifying the terms of any
extension of credit, or
avoiding foreclosure;
(ix) collecting, analyzing,
maintaining, or providing consumer
report information or other account
information, including information
relating to the credit history of
consumers, used or expected to be used
in connection with any decision
regarding the offering or provision of
a consumer financial product or
service, except to the extent that--
(I) a person--
(aa) collects,
analyzes, or maintains
information that
relates solely to the
transactions between a
consumer and such
person;
(bb) provides the
information described
in item (aa) to an
affiliate of such
person; or
(cc) provides
information that is
used or expected to be
used solely in any
decision regarding the
offering or provision
of a product or service
that is not a consumer
financial product or
service, including a
decision for
employment, government
licensing, or a
residential lease or
tenancy involving a
consumer; and
(II) the information
described in subclause (I)(aa)
is not used by such person or
affiliate in connection with
any decision regarding the
offering or provision of a
consumer financial product or
service to the consumer, other
than credit described in
section 1027(a)(2)(A);
(x) collecting debt related to any
consumer financial product or service;
and
(xi) such other financial product or
service as may be defined by the
Bureau, by regulation, for purposes of
this title, if the Bureau finds that
such financial product or service is--
(I) entered into or conducted
as a subterfuge or with a
purpose to evade any Federal
consumer financial law; or
(II) permissible for a bank
or for a financial holding
company to offer or to provide
under any provision of a
Federal law or regulation
applicable to a bank or a
financial holding company, and
has, or likely will have, a
material impact on consumers.
(B) Rule of construction.--
(i) In general.--For purposes of
subparagraph (A)(xi)(II), and subject
to clause (ii) of this subparagraph,
the following activities provided to a
covered person shall not, for purposes
of this title, be considered incidental
or complementary to a financial
activity permissible for a financial
holding company to engage in under any
provision of a Federal law or
regulation applicable to a financial
holding company:
(I) Providing information
products or services to a
covered person for identity
authentication.
(II) Providing information
products or services for fraud
or identify theft detection,
prevention, or investigation.
(III) Providing document
retrieval or delivery services.
(IV) Providing public records
information retrieval.
(V) Providing information
products or services for anti-
money laundering activities.
(ii) Limitation.--Nothing in clause
(i) may be construed as modifying or
limiting the authority of the Bureau to
exercise any--
(I) examination or
enforcement powers authority
under this title with respect
to a covered person or service
provider engaging in an
activity described in
subparagraph (A)(ix); or
(II) powers authorized by
this title to prescribe rules,
issue orders, or take other
actions under any enumerated
consumer law or law for which
the authorities are transferred
under subtitle F or H.
(C) Exclusions.--The term ``financial product
or service'' does not include--
(i) the business of insurance; or
(ii) electronic conduit services.
(16) Foreign exchange.--The term ``foreign exchange''
means the exchange, for compensation, of currency of
the United States or of a foreign government for
currency of another government.
(17) Insured credit union.--The term ``insured credit
union'' has the same meaning as in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752).
(18) Payment instrument.--The term ``payment
instrument'' means a check, draft, warrant, money
order, traveler's check, electronic instrument, or
other instrument, payment of funds, or monetary value
(other than currency).
(19) Person.--The term ``person'' means an
individual, partnership, company, corporation,
association (incorporated or unincorporated), trust,
estate, cooperative organization, or other entity.
(20) Person regulated by the commodity futures
trading commission.--The term ``person regulated by the
Commodity Futures Trading Commission'' means any person
that is registered, or required by statute or
regulation to be registered, with the Commodity Futures
Trading Commission, but only to the extent that the
activities of such person are subject to the
jurisdiction of the Commodity Futures Trading
Commission under the Commodity Exchange Act.
(21) Person regulated by the commission.--The term
``person regulated by the Commission'' means a person
who is--
(A) a broker or dealer that is required to be
registered under the Securities Exchange Act of
1934;
(B) an investment adviser that is registered
under the Investment Advisers Act of 1940;
(C) an investment company that is required to
be registered under the Investment Company Act
of 1940, and any company that has elected to be
regulated as a business development company
under that Act;
(D) a national securities exchange that is
required to be registered under the Securities
Exchange Act of 1934;
(E) a transfer agent that is required to be
registered under the Securities Exchange Act of
1934;
(F) a clearing corporation that is required
to be registered under the Securities Exchange
Act of 1934;
(G) any self-regulatory organization that is
required to be registered with the Commission;
(H) any nationally recognized statistical
rating organization that is required to be
registered with the Commission;
(I) any securities information processor that
is required to be registered with the
Commission;
(J) any municipal securities dealer that is
required to be registered with the Commission;
(K) any other person that is required to be
registered with the Commission under the
Securities Exchange Act of 1934; and
(L) any employee, agent, or contractor acting
on behalf of, registered with, or providing
services to, any person described in any of
subparagraphs (A) through (K), but only to the
extent that any person described in any of
subparagraphs (A) through (K), or the employee,
agent, or contractor of such person, acts in a
regulated capacity.
(22) Person regulated by a state insurance
regulator.--The term ``person regulated by a State
insurance regulator'' means any person that is engaged
in the business of insurance and subject to regulation
by any State insurance regulator, but only to the
extent that such person acts in such capacity.
(23) Person that performs income tax preparation
activities for consumers.--The term ``person that
performs income tax preparation activities for
consumers'' means--
(A) any tax return preparer (as defined in
section 7701(a)(36) of the Internal Revenue
Code of 1986), regardless of whether
compensated, but only to the extent that the
person acts in such capacity;
(B) any person regulated by the Secretary
under section 330 of title 31, United States
Code, but only to the extent that the person
acts in such capacity; and
(C) any authorized IRS e-file Providers (as
defined for purposes of section 7216 of the
Internal Revenue Code of 1986), but only to the
extent that the person acts in such capacity.
(24) Prudential regulator.--The term ``prudential
regulator'' means--
(A) in the case of an insured depository
institution or depository institution holding
company (as defined in section 3 of the Federal
Deposit Insurance Act), or subsidiary of such
institution or company, the appropriate Federal
banking agency, as that term is defined in
section 3 of the Federal Deposit Insurance Act;
and
(B) in the case of an insured credit union,
the National Credit Union Administration.
(25) Related person.--The term ``related person''--
(A) shall apply only with respect to a
covered person that is not a bank holding
company (as that term is defined in section 2
of the Bank Holding Company Act of 1956),
credit union, or depository institution;
(B) shall be deemed to mean a covered person
for all purposes of any provision of Federal
consumer financial law; and
(C) means--
(i) any director, officer, or
employee charged with managerial
responsibility for, or controlling
shareholder of, or agent for, such
covered person;
(ii) any shareholder, consultant,
joint venture partner, or other person,
as determined by the Bureau (by rule or
on a case-by-case basis) who materially
participates in the conduct of the
affairs of such covered person; and
(iii) any independent contractor
(including any attorney, appraiser, or
accountant) who knowingly or recklessly
participates in any--
(I) violation of any
provision of law or regulation;
or
(II) breach of a fiduciary
duty.
(26) Service provider.--
(A) In general.--The term ``service
provider'' means any person that provides a
material service to a covered person in
connection with the offering or provision by
such covered person of a consumer financial
product or service, including a person that--
(i) participates in designing,
operating, or maintaining the consumer
financial product or service; or
(ii) processes transactions relating
to the consumer financial product or
service (other than unknowingly or
incidentally transmitting or processing
financial data in a manner that such
data is undifferentiated from other
types of data of the same form as the
person transmits or processes).
(B) Exceptions.--The term ``service
provider'' does not include a person solely by
virtue of such person offering or providing to
a covered person--
(i) a support service of a type
provided to businesses generally or a
similar ministerial service; or
(ii) time or space for an
advertisement for a consumer financial
product or service through print,
newspaper, or electronic media.
(C) Rule of construction.--A person that is a
service provider shall be deemed to be a
covered person to the extent that such person
engages in the offering or provision of its own
consumer financial product or service.
(27) State.--The term ``State'' means any State,
territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, Guam,
American Samoa, or the United States Virgin Islands or
any federally recognized Indian tribe, as defined by
the Secretary of the Interior under section 104(a) of
the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a-1(a)).
(28) Stored value.--
(A) In general.--The term ``stored value''
means funds or monetary value represented in
any electronic format, whether or not specially
encrypted, and stored or capable of storage on
electronic media in such a way as to be
retrievable and transferred electronically, and
includes a prepaid debit card or product, or
any other similar product, regardless of
whether the amount of the funds or monetary
value may be increased or reloaded.
(B) Exclusion.--Notwithstanding subparagraph
(A), the term ``stored value'' does not include
a special purpose card or certificate, which
shall be defined for purposes of this paragraph
as funds or monetary value represented in any
electronic format, whether or not specially
encrypted, that is--
(i) issued by a merchant, retailer,
or other seller of nonfinancial goods
or services;
(ii) redeemable only for transactions
with the merchant, retailer, or seller
of nonfinancial goods or services or
with an affiliate of such person, which
affiliate itself is a merchant,
retailer, or seller of nonfinancial
goods or services;
(iii) issued in a specified amount
that, except in the case of a card or
product used solely for telephone
services, may not be increased or
reloaded;
(iv) purchased on a prepaid basis in
exchange for payment; and
(v) honored upon presentation to such
merchant, retailer, or seller of
nonfinancial goods or services or an
affiliate of such person, which
affiliate itself is a merchant,
retailer, or seller of nonfinancial
goods or services, only for any
nonfinancial goods or services.
(29) Transmitting or exchanging funds.--The term
``transmitting or exchanging funds'' means receiving
currency, monetary value, or payment instruments from a
consumer for the purpose of exchanging or transmitting
the same by any means, including transmission by wire,
facsimile, electronic transfer, courier, the Internet,
or through bill payment services or through other
businesses that facilitate third-party transfers within
the United States or to or from the United States.
Subtitle A--Bureau of Consumer Financial Protection
SEC. 1011. ESTABLISHMENT OF THE BUREAU OF CONSUMER FINANCIAL
PROTECTION.
(a) Bureau Established.--There is established [in the Federal
Reserve System,] an [independent bureau] independent agency to
be known as the ``Bureau of Consumer Financial Protection'',
which shall regulate the offering and provision of consumer
financial products or services under the Federal consumer
financial laws. The Bureau shall be considered an Executive
agency, as defined in section 105 of title 5, United States
Code. Except as otherwise provided expressly by law, all
Federal laws dealing with public or Federal contracts,
property, works, officers, employees, budgets, or funds,
including the provisions of chapters 5 and 7 of title 5, shall
apply to the exercise of the powers of the Bureau.
[(b) Director and Deputy Director.--
[(1) In general.--There is established the position
of the Director, who shall serve as the head of the
Bureau.
[(2) Appointment.--Subject to paragraph (3), the
Director shall be appointed by the President, by and
with the advice and consent of the Senate.
[(3) Qualification.--The President shall nominate the
Director from among individuals who are citizens of the
United States.
[(4) Compensation.--The Director shall be compensated
at the rate prescribed for level II of the Executive
Schedule under section 5313 of title 5, United States
Code.
[(5) Deputy director.--There is established the
position of Deputy Director, who shall--
[(A) be appointed by the Director; and
[(B) serve as acting Director in the absence
or unavailability of the Director.
[(c) Term.--
[(1) In general.--The Director shall serve for a term
of 5 years.
[(2) Expiration of term.--An individual may serve as
Director after the expiration of the term for which
appointed, until a successor has been appointed and
qualified.
[(3) Removal for cause.--The President may remove the
Director for inefficiency, neglect of duty, or
malfeasance in office.
[(d) Service Restriction.--No Director or Deputy Director may
hold any office, position, or employment in any Federal reserve
bank, Federal home loan bank, covered person, or service
provider during the period of service of such person as
Director or Deputy Director.]
(b) Authority to Prescribe Regulations.--The commission of
the Bureau may prescribe such regulations and issue such orders
in accordance with this title as the Bureau may determine to be
necessary for carrying out this title and all other laws within
the Bureau's jurisdiction and shall exercise any authorities
granted under this title and all other laws within the Bureau's
jurisdiction.
(c) Composition of the Commission.--
(1) In general.--The management of the Bureau shall
be vested in a commission, which shall be composed of 5
members who shall be appointed by the President, by and
with the advice and consent of the Senate, and at least
2 of whom shall have private sector experience in the
provision of consumer financial products and services.
(2) Staggering.--The members of the commission shall
serve staggered terms, which initially shall be
established by the President for terms of 1, 2, 3, 4,
and 5 years, respectively.
(3) Terms.--
(A) In general.--Except with respect to the
initial staggered terms described under
paragraph (2), each member of the commission,
including the Chair, shall serve for a term of
5 years.
(B) Removal.--The President may remove any
member of the commission for inefficiency,
neglect of duty, or malfeasance in office.
(C) Vacancies.--Any member of the commission
appointed to fill a vacancy occurring before
the expiration of the term to which that
member's predecessor was appointed (including
the Chair) shall be appointed only for the
remainder of the term.
(D) Continuation of service.--Each member of
the commission 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 that member's term would otherwise
expire.
(E) Other employment prohibited.--No member
of the commission shall engage in any other
business, vocation, or employment.
(d) Affiliation.--Not more than 3 members of the commission
shall be members of any one political party.
(e) Chair of the Commission.--
(1) Initial chair.--The first member and Chair of the
commission shall be the individual serving as Director
of the Bureau of Consumer Financial Protection on the
day before the date of the enactment of this
subsection. Such individual shall serve until the
President has appointed all 5 members of the commission
in accordance with subsection (c).
(2) Subsequent chair.--Of the 5 members appointed in
accordance with subsection (c), the President shall
appoint 1 member to serve as the subsequent Chair of
the commission.
(3) Authority.--The Chair shall be the principal
executive officer of the commission, and shall exercise
all of the executive and administrative functions of
the commission, including with respect to--
(A) the appointment and supervision of
personnel employed under the commission (other
than personnel employed regularly and full time
in the immediate offices of members of the
commission other than the Chair);
(B) the distribution of business among
personnel appointed and supervised by the Chair
and among administrative units of the
commission; and
(C) the use and expenditure of funds.
(4) Limitation.--In carrying out any of the Chair's
functions under the provisions of this subsection, the
Chair shall be governed by general policies of the
commission and by such regulatory decisions, findings,
and determinations as the commission may by law be
authorized to make.
(5) Requests or estimates related to
appropriations.--Requests or estimates for regular,
supplemental, or deficiency appropriations on behalf of
the commission may not be submitted by the Chair
without the prior approval of the commission.
(6) Designation.--The Chair shall be known as both
the ``Chair of the commission'' of the Bureau and the
``Chair of the Bureau''.
(f) Initial Quorum Established.--For the 6 month period
beginning on the date of enactment of this subsection, the
first member and Chair of the commission described under
subsection (e)(1) shall constitute a quorum for the transaction
of business until the President has appointed all 5 members of
the commission in accordance with subsection (c). Following
such appointment of 5 members, the quorum requirements of
subsection (g) shall apply.
(g) No Impairment by Reason of Vacancies.--No vacancy in the
members of the commission after the establishment of an initial
quorum under subsection (f) shall impair the right of the
remaining members of the commission to exercise all the powers
of the commission. Three members of the commission shall
constitute a quorum for the transaction of business, except
that if there are only 3 members serving on the commission
because of vacancies in the commission, 2 members of the
commission shall constitute a quorum for the transaction of
business. If there are only 2 members serving on the commission
because of vacancies in the commission, 2 members shall
constitute a quorum for the 6-month period beginning on the
date of the vacancy which caused the number of commission
members to decline to 2.
(h) Seal.--The Bureau shall have an official seal.
(i) Compensation.--
(1) Chair.--The Chair shall receive compensation at
the rate prescribed for level I of the Executive
Schedule under section 5313 of title 5, United States
Code.
(2) Other members of the commission.--The 4 other
members of the commission shall each receive
compensation at the rate prescribed for level II of the
Executive Schedule under section 5314 of title 5,
United States Code.
[(e)] (j) Offices.--The principal office of the Bureau shall
be in the District of Columbia. The [Director] Bureau may
establish regional offices of the Bureau[, including in cities
in which the Federal reserve banks, or branches of such banks,
are located,] in order to carry out the responsibilities
assigned to the Bureau under the Federal consumer financial
laws.
SEC. 1012. EXECUTIVE AND ADMINISTRATIVE POWERS.
(a) Powers of the Bureau.--The Bureau is authorized to
establish the general policies of the Bureau with respect to
all executive and administrative functions, including--
(1) the establishment of rules for conducting the
general business of the Bureau, in a manner not
inconsistent with this title;
(2) to bind the Bureau and enter into contracts;
(3) directing the establishment and maintenance of
divisions or other offices within the Bureau, in order
to carry out the responsibilities under the Federal
consumer financial laws, and to satisfy the
requirements of other applicable law;
(4) to coordinate and oversee the operation of all
administrative, enforcement, and research activities of
the Bureau;
(5) to adopt and use a seal;
(6) to determine the character of and the necessity
for the obligations and expenditures of the Bureau;
(7) the appointment and supervision of personnel
employed by the Bureau;
(8) the distribution of business among personnel
appointed and supervised by the [Director] Bureau and
among administrative units of the Bureau;
(9) the use and expenditure of funds;
(10) implementing the Federal consumer financial laws
through rules, orders, guidance, interpretations,
statements of policy, examinations, and enforcement
actions; and
(11) performing such other functions as may be
authorized or required by law.
(b) Delegation of Authority.--The [Director of the Bureau]
Bureau may delegate to any duly authorized employee,
representative, or agent any power vested in the Bureau by law.
(c) [Autonomy of the Bureau] Coordination With the Board of
Governors.--
[(1) Coordination with the board of governors.--]
Notwithstanding any other provision of law applicable
to the supervision or examination of persons with
respect to Federal consumer financial laws, the Board
of Governors may delegate to the Bureau the authorities
to examine persons subject to the jurisdiction of the
Board of Governors for compliance with the Federal
consumer financial laws.
[(2) Autonomy.--Notwithstanding the authorities
granted to the Board of Governors under the Federal
Reserve Act, the Board of Governors may not--
[(A) intervene in any matter or proceeding
before the Director, including examinations or
enforcement actions, unless otherwise
specifically provided by law;
[(B) appoint, direct, or remove any officer
or employee of the Bureau; or
[(C) merge or consolidate the Bureau, or any
of the functions or responsibilities of the
Bureau, with any division or office of the
Board of Governors or the Federal reserve
banks.
[(3) Rules and orders.--No rule or order of the
Bureau shall be subject to approval or review by the
Board of Governors. The Board of Governors may not
delay or prevent the issuance of any rule or order of
the Bureau.
[(4) Recommendations and testimony.--No officer or
agency of the United States shall have any authority to
require the Director or any other officer of the Bureau
to submit legislative recommendations, or testimony or
comments on legislation, to any officer or agency of
the United States for approval, comments, or review
prior to the submission of such recommendations,
testimony, or comments to the Congress, if such
recommendations, testimony, or comments to the Congress
include a statement indicating that the views expressed
therein are those of the Director or such officer, and
do not necessarily reflect the views of the Board of
Governors or the President.
[(5) Clarification of autonomy of the bureau in legal
proceedings.--The Bureau shall not be liable under any
provision of law for any action or inaction of the
Board of Governors, and the Board of Governors shall
not be liable under any provision of law for any action
or inaction of the Bureau.]
SEC. 1013. ADMINISTRATION.
(a) Personnel.--
(1) Appointment.--
(A) In general.--The [Director] Bureau may
fix the number of, and appoint and direct, all
employees of the Bureau, in accordance with the
applicable provisions of title 5, United States
Code.
(B) Employees of the bureau.--The [Director]
Bureau is authorized to employ attorneys,
compliance examiners, compliance supervision
analysts, economists, statisticians, and other
employees as may be deemed necessary to conduct
the business of the Bureau. Unless otherwise
provided expressly by law, any individual
appointed under this section shall be an
employee as defined in section 2105 of title 5,
United States Code, and subject to the
provisions of such title and other laws
generally applicable to the employees of an
Executive agency.
(C) Waiver authority.--
(i) In general.--In making any
appointment under subparagraph (A), the
[Director] Bureau may waive the
requirements of chapter 33 of title 5,
United States Code, and the regulations
implementing such chapter, to the
extent necessary to appoint employees
on terms and conditions that are
consistent with those set forth in
section 11(1) of the Federal Reserve
Act (12 U.S.C. 248(1)), while providing
for--
(I) fair, credible, and
transparent methods of
establishing qualification
requirements for, recruitment
for, and appointments to
positions;
(II) fair and open
competition and equitable
treatment in the consideration
and selection of individuals to
positions;
(III) fair, credible, and
transparent methods of
assigning, reassigning,
detailing, transferring, and
promoting employees.
(ii) Veterans preferences.--In
implementing this subparagraph, the
[Director] Bureau shall comply with the
provisions of section 2302(b)(11),
regarding veterans' preference
requirements, in a manner consistent
with that in which such provisions are
applied under chapter 33 of title 5,
United States Code. The authority under
this subparagraph to waive the
requirements of that chapter 33 shall
expire 5 years after the date of
enactment of this Act.
(2) Compensation.--Notwithstanding any otherwise
applicable provision of title 5, United States Code,
concerning compensation, including the provisions of
chapter 51 and chapter 53, the following provisions
shall apply with respect to employees of the Bureau:
(A) The rates of basic pay for all employees
of the Bureau may be set and adjusted by the
[Director] Bureau.
(B) The [Director] Bureau shall at all times
provide compensation (including benefits) to
each class of employees that, at a minimum, are
comparable to the compensation and benefits
then being provided by the Board of Governors
for the corresponding class of employees.
(C) All such employees shall be compensated
(including benefits) on terms and conditions
that are consistent with the terms and
conditions set forth in section 11(l) of the
Federal Reserve Act (12 U.S.C. 248(l)).
(3) Bureau participation in federal reserve system
retirement plan and federal reserve system thrift
plan.--
(A) Employee election.--Employees appointed
to the Bureau may elect to participate in
either--
(i) both the Federal Reserve System
Retirement Plan and the Federal Reserve
System Thrift Plan, under the same
terms on which such participation is
offered to employees of the Board of
Governors who participate in such plans
and under the terms and conditions
specified under section 1064(i)(1)(C);
or
(ii) the Civil Service Retirement
System under chapter 83 of title 5,
United States Code, or the Federal
Employees Retirement System under
chapter 84 of title 5, United States
Code, if previously covered under one
of those Federal employee retirement
systems.
(B) Election period.--Bureau employees shall
make an election under this paragraph not later
than 1 year after the date of appointment by,
or transfer under subtitle F to, the Bureau.
Participation in, and benefit accruals under,
any other retirement plan established or
maintained by the Federal Government shall end
not later than the date on which participation
in, and benefit accruals under, the Federal
Reserve System Retirement Plan and Federal
Reserve System Thrift Plan begin.
(C) Employer contribution.--The Bureau shall
pay an employer contribution to the Federal
Reserve System Retirement Plan, in the amount
established as an employer contribution under
the Federal Employees Retirement System, as
established under chapter 84 of title 5, United
States Code, for each Bureau employee who
elects to participate in the Federal Reserve
System Retirement Plan. The Bureau shall pay an
employer contribution to the Federal Reserve
System Thrift Plan for each Bureau employee who
elects to participate in such plan, as required
under the terms of such plan.
(D) Controlled group status.--The Bureau is
the same employer as the Federal Reserve System
(as comprised of the Board of Governors and
each of the 12 Federal reserve banks prior to
the date of enactment of this Act) for purposes
of subsections (b), (c), (m), and (o) of
section 414 of the Internal Revenue Code of
1986, (26 U.S.C. 414).
(4) Labor-management relations.--Chapter 71 of title
5, United States Code, shall apply to the Bureau and
the employees of the Bureau.
(5) Agency ombudsman.--
(A) Establishment required.--Not later than
180 days after the designated transfer date,
the Bureau shall appoint an ombudsman.
(B) Duties of ombudsman.--The ombudsman
appointed in accordance with subparagraph (A)
shall--
(i) act as a liaison between the
Bureau and any affected person with
respect to any problem that such party
may have in dealing with the Bureau,
resulting from the regulatory
activities of the Bureau; and
(ii) assure that safeguards exist to
encourage complainants to come forward
and preserve confidentiality.
(b) Specific Functional Units.--
(1) Research.--The [Director] Bureau shall establish
a unit whose functions shall include researching,
analyzing, and reporting on--
(A) developments in markets for consumer
financial products or services, including
market areas of alternative consumer financial
products or services with high growth rates and
areas of risk to consumers;
(B) access to fair and affordable credit for
traditionally underserved communities;
(C) consumer awareness, understanding, and
use of disclosures and communications regarding
consumer financial products or services;
(D) consumer awareness and understanding of
costs, risks, and benefits of consumer
financial products or services;
(E) consumer behavior with respect to
consumer financial products or services,
including performance on mortgage loans; and
(F) experiences of traditionally underserved
consumers, including un-banked and under-banked
consumers.
(2) Community affairs.--The [Director] Bureau shall
establish a unit whose functions shall include
providing information, guidance, and technical
assistance regarding the offering and provision of
consumer financial products or services to
traditionally underserved consumers and communities.
(3) Collecting and tracking complaints.--
(A) In general.--The [Director] Bureau shall
establish a unit whose functions shall include
establishing a single, toll-free telephone
number, a website, and a database or utilizing
an existing database to facilitate the
centralized collection of, monitoring of, and
response to consumer complaints regarding
consumer financial products or services. The
[Director] Bureau shall coordinate with the
Federal Trade Commission or other Federal
agencies to route complaints to such agencies,
where appropriate.
(B) Routing calls to states.--To the extent
practicable, State agencies may receive
appropriate complaints from the systems
established under subparagraph (A), if--
(i) the State agency system has the
functional capacity to receive calls or
electronic reports routed by the Bureau
systems;
(ii) the State agency has satisfied
any conditions of participation in the
system that the Bureau may establish,
including treatment of personally
identifiable information and sharing of
information on complaint resolution or
related compliance procedures and
resources; and
(iii) participation by the State
agency includes measures necessary to
provide for protection of personally
identifiable information that conform
to the standards for protection of the
confidentiality of personally
identifiable information and for data
integrity and security that apply to
the Federal agencies described in
subparagraph (D).
(C) Reports to the congress.--The [Director]
Bureau shall present an annual report to
Congress not later than March 31 of each year
on the complaints received by the Bureau in the
prior year regarding consumer financial
products and services. Such report shall
include information and analysis about
complaint numbers, complaint types, and, where
applicable, information about resolution of
complaints.
(D) Data sharing required.--To facilitate
preparation of the reports required under
subparagraph (C), supervision and enforcement
activities, and monitoring of the market for
consumer financial products and services, the
Bureau shall share consumer complaint
information with prudential regulators, the
Federal Trade Commission, other Federal
agencies, and State agencies, subject to the
standards applicable to Federal agencies for
protection of the confidentiality of personally
identifiable information and for data security
and integrity. The prudential regulators, the
Federal Trade Commission, and other Federal
agencies shall share data relating to consumer
complaints regarding consumer financial
products and services with the Bureau, subject
to the standards applicable to Federal agencies
for protection of confidentiality of personally
identifiable information and for data security
and integrity.
(c) Office of Fair Lending and Equal Opportunity.--
(1) Establishment.--The [Director] Bureau shall
establish within the Bureau the Office of Fair Lending
and Equal Opportunity.
(2) Functions.--The Office of Fair Lending and Equal
Opportunity shall have such powers and duties as the
[Director] Bureau may delegate to the Office,
including--
(A) providing oversight and enforcement of
Federal laws intended to ensure the fair,
equitable, and nondiscriminatory access to
credit for both individuals and communities
that are enforced by the Bureau, including the
Equal Credit Opportunity Act and the Home
Mortgage Disclosure Act;
(B) coordinating fair lending efforts of the
Bureau with other Federal agencies and State
regulators, as appropriate, to promote
consistent, efficient, and effective
enforcement of Federal fair lending laws;
(C) working with private industry, fair
lending, civil rights, consumer and community
advocates on the promotion of fair lending
compliance and education; and
(D) providing annual reports to Congress on
the efforts of the Bureau to fulfill its fair
lending mandate.
(3) Administration of office.--There is established
the position of [Assistant Director of the Bureau for]
Head of the Office of Fair Lending and Equal
Opportunity, who--
(A) shall be appointed by the [Director]
Bureau; and
(B) shall carry out such duties as the
[Director] Bureau may delegate to such
[Assistant Director] Head of the Office.
(d) Office of Financial Education.--
(1) Establishment.--The [Director] Bureau shall
establish an Office of Financial Education, which shall
be responsible for developing and implementing
initiatives intended to educate and empower consumers
to make better informed financial decisions.
(2) Other duties.--The Office of Financial Education
shall develop and implement a strategy to improve the
financial literacy of consumers that includes
measurable goals and objectives, in consultation with
the Financial Literacy and Education Commission,
consistent with the National Strategy for Financial
Literacy, through activities including providing
opportunities for consumers to access--
(A) financial counseling, including
community-based financial counseling, where
practicable;
(B) information to assist with the evaluation
of credit products and the understanding of
credit histories and scores;
(C) savings, borrowing, and other services
found at mainstream financial institutions;
(D) activities intended to--
(i) prepare the consumer for
educational expenses and the submission
of financial aid applications, and
other major purchases;
(ii) reduce debt; and
(iii) improve the financial situation
of the consumer;
(E) assistance in developing long-term
savings strategies; and
(F) wealth building and financial services
during the preparation process to claim earned
income tax credits and Federal benefits.
(3) Coordination.--The Office of Financial Education
shall coordinate with other units within the Bureau in
carrying out its functions, including--
(A) working with the Community Affairs Office
to implement the strategy to improve financial
literacy of consumers; and
(B) working with the research unit
established by the [Director] Bureau to conduct
research related to consumer financial
education and counseling.
(4) Report.--Not later than 24 months after the
designated transfer date, and annually thereafter, the
[Director] Bureau shall submit a report on its
financial literacy activities and strategy to improve
financial literacy of consumers to--
(A) the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
(B) the Committee on Financial Services of
the House of Representatives.
(5) Membership in financial literacy and education
commission.--Section 513(c)(1) of the Financial
Literacy and Education Improvement Act (20 U.S.C.
9702(c)(1)) is amended--
(A) in subparagraph (B), by striking ``and''
at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) the [Director of the Bureau] Bureau of
Consumer Financial Protection; and''.
(6) Conforming amendment.--Section 513(d) of the
Financial Literacy and Education Improvement Act (20
U.S.C. 9702(d)) is amended by adding at the end the
following: ``The [Director of the Bureau] Bureau of
Consumer Financial Protection shall serve as the Vice
Chairman.''.
(7) Study and report on financial literacy program.--
(A) In general.--The Comptroller General of
the United States shall conduct a study to
identify--
(i) the feasibility of certification
of persons providing the programs or
performing the activities described in
paragraph (2), including recognizing
outstanding programs, and developing
guidelines and resources for community-
based practitioners, including--
(I) a potential certification
process and standards for
certification;
(II) appropriate certifying
entities;
(III) resources required for
funding such a process; and
(IV) a cost-benefit analysis
of such certification;
(ii) technological resources intended
to collect, analyze, evaluate, or
promote financial literacy and
counseling programs;
(iii) effective methods, tools, and
strategies intended to educate and
empower consumers about personal
finance management; and
(iv) recommendations intended to
encourage the development of programs
that effectively improve financial
education outcomes and empower
consumers to make better informed
financial decisions based on findings.
(B) Report.--Not later than 1 year after the
date of enactment of this Act, the Comptroller
General of the United States shall submit a
report on the results of the study conducted
under this paragraph to the Committee on
Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services
of the House of Representatives.
(e) Office of Service Member Affairs.--
(1) In general.--The [Director] Bureau shall
establish an Office of Service Member Affairs, which
shall be responsible for developing and implementing
initiatives for service members and their families
intended to--
(A) educate and empower service members and
their families to make better informed
decisions regarding consumer financial products
and services;
(B) coordinate with the unit of the Bureau
established under subsection (b)(3), in order
to monitor complaints by service members and
their families and responses to those
complaints by the Bureau or other appropriate
Federal or State agency; and
(C) coordinate efforts among Federal and
State agencies, as appropriate, regarding
consumer protection measures relating to
consumer financial products and services
offered to, or used by, service members and
their families.
(2) Coordination.--
(A) Regional services.--The [Director] Bureau
is authorized to assign employees of the Bureau
as may be deemed necessary to conduct the
business of the Office of Service Member
Affairs, including by establishing and
maintaining the functions of the Office in
regional offices of the Bureau located near
military bases, military treatment facilities,
or other similar military facilities.
(B) Agreements.--The [Director] Bureau is
authorized to enter into memoranda of
understanding and similar agreements with the
Department of Defense, including any branch or
agency as authorized by the department, in
order to carry out the business of the Office
of Service Member Affairs.
(3) Definition.--As used in this subsection, the term
``service member'' means any member of the United
States Armed Forces and any member of the National
Guard or Reserves.
(f) Timing.--The Office of Fair Lending and Equal
Opportunity, the Office of Financial Education, and the Office
of Service Member Affairs shall each be established not later
than 1 year after the designated transfer date.
(g) Office of Financial Protection for Older Americans.--
(1) Establishment.--Before the end of the 180-day
period beginning on the designated transfer date, the
[Director] Bureau shall establish the Office of
Financial Protection for Older Americans, the functions
of which shall include activities designed to
facilitate the financial literacy of individuals who
have attained the age of 62 years or more (in this
subsection, referred to as ``seniors'') on protection
from unfair, deceptive, and abusive practices and on
current and future financial choices, including through
the dissemination of materials to seniors on such
topics.
(2) [Assistant director] Head of the office.--The
Office of Financial Protection for Older Americans (in
this subsection referred to as the ``Office'') shall be
headed by [an assistant director] a Head of the Office
of Financial Protection for Older Americans.
(3) Duties.--The Office shall--
(A) develop goals for programs that provide
seniors financial literacy and counseling,
including programs that--
(i) help seniors recognize warning
signs of unfair, deceptive, or abusive
practices, protect themselves from such
practices;
(ii) provide one-on-one financial
counseling on issues including long-
term savings and later-life economic
security; and
(iii) provide personal consumer
credit advocacy to respond to consumer
problems caused by unfair, deceptive,
or abusive practices;
(B) monitor certifications or designations of
financial advisors who advise seniors and alert
the Commission and State regulators of
certifications or designations that are
identified as unfair, deceptive, or abusive;
(C) not later than 18 months after the date
of the establishment of the Office, submit to
Congress and the Commission any legislative and
regulatory recommendations on the best
practices for--
(i) disseminating information
regarding the legitimacy of
certifications of financial advisers
who advise seniors;
(ii) methods in which a senior can
identify the financial advisor most
appropriate for the senior's needs; and
(iii) methods in which a senior can
verify a financial advisor's
credentials;
(D) conduct research to identify best
practices and effective methods, tools,
technology and strategies to educate and
counsel seniors about personal finance
management with a focus on--
(i) protecting themselves from
unfair, deceptive, and abusive
practices;
(ii) long-term savings; and
(iii) planning for retirement and
long-term care;
(E) coordinate consumer protection efforts of
seniors with other Federal agencies and State
regulators, as appropriate, to promote
consistent, effective, and efficient
enforcement; and
(F) work with community organizations, non-
profit organizations, and other entities that
are involved with educating or assisting
seniors (including the National Education and
Resource Center on Women and Retirement
Planning).
(h) Application of Chapter 10 of Title 5, United States
Code.--Notwithstanding any provision of chapter 10 of title 5,
United States Code, such chapter shall apply to each advisory
committee of the Bureau and each subcommittee of such an
advisory committee.
SEC. 1014. CONSUMER ADVISORY BOARD.
(a) Establishment Required.--The [Director] Bureau shall
establish a Consumer Advisory Board to advise and consult with
the Bureau in the exercise of its functions under the Federal
consumer financial laws, and to provide information on emerging
practices in the consumer financial products or services
industry, including regional trends, concerns, and other
relevant information.
(b) Membership.--In appointing the members of the Consumer
Advisory Board, the [Director] Bureau shall seek to assemble
experts in consumer protection, financial services, community
development, fair lending and civil rights, and consumer
financial products or services and representatives of
depository institutions that primarily serve underserved
communities, and representatives of communities that have been
significantly impacted by higher-priced mortgage loans, and
seek representation of the interests of covered persons and
consumers, without regard to party affiliation. [Not fewer than
6 members shall be appointed upon the recommendation of the
regional Federal Reserve Bank Presidents, on a rotating basis.]
Not fewer than half of all members shall have private sector
experience in the provision of consumer financial products and
services.
(c) Meetings.--The Consumer Advisory Board shall meet from
time to time at the call of the [Director] Bureau, but, at a
minimum, shall meet at least twice in each year.
(d) Compensation and Travel Expenses.--Members of the
Consumer Advisory Board who are not full-time employees of the
United States shall--
(1) be entitled to receive compensation at a rate
fixed by the [Director] Bureau while attending meetings
of the Consumer Advisory Board, including travel time;
and
(2) be allowed travel expenses, including
transportation and subsistence, while away from their
homes or regular places of business.
* * * * * * *
SEC. 1016. APPEARANCES BEFORE AND REPORTS TO CONGRESS.
(a) Appearances Before Congress.--The [Director of the
Bureau] Chair of the Bureau shall appear before the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services and the Committee on Energy and
Commerce of the House of Representatives at semi-annual
hearings regarding the reports required under subsection (b).
(b) Reports Required.--The Bureau shall, concurrent with each
semi-annual hearing referred to in subsection (a), prepare and
submit to the President and to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services and the Committee on Energy and Commerce of
the House of Representatives, a report, beginning with the
session following the designated transfer date. The Bureau may
also submit such report to the Committee on Commerce, Science,
and Transportation of the Senate.
(c) Contents.--The reports required by subsection (b) shall
include--
(1) a discussion of the significant problems faced by
consumers in shopping for or obtaining consumer
financial products or services;
(2) a justification of the budget request of the
previous year;
(3) a list of the significant rules and orders
adopted by the Bureau, as well as other significant
initiatives conducted by the Bureau, during the
preceding year and the plan of the Bureau for rules,
orders, or other initiatives to be undertaken during
the upcoming period;
(4) an analysis of complaints about consumer
financial products or services that the Bureau has
received and collected in its central database on
complaints during the preceding year;
(5) a list, with a brief statement of the issues, of
the public supervisory and enforcement actions to which
the Bureau was a party during the preceding year;
(6) the actions taken regarding rules, orders, and
supervisory actions with respect to covered persons
which are not credit unions or depository institutions;
(7) an assessment of significant actions by State
attorneys general or State regulators relating to
Federal consumer financial law;
(8) an analysis of the efforts of the Bureau to
fulfill the fair lending mission of the Bureau; and
(9) an analysis of the efforts of the Bureau to
increase workforce and contracting diversity consistent
with the procedures established by the Office of
Minority and Women Inclusion.
* * * * * * *
SEC. 1017. FUNDING; PENALTIES AND FINES.
(a) [Transfer of Funds From Board Of Governors.--] Budget,
Financial Management, and Audit._
[(1) In general.--Each year (or quarter of such
year), beginning on the designated transfer date, and
each quarter thereafter, the Board of Governors shall
transfer to the Bureau from the combined earnings of
the Federal Reserve System, the amount determined by
the Director to be reasonably necessary to carry out
the authorities of the Bureau under Federal consumer
financial law, taking into account such other sums made
available to the Bureau from the preceding year (or
quarter of such year).
[(2) Funding cap.--
[(A) In general.--Notwithstanding paragraph
(1), and in accordance with this paragraph, the
amount that shall be transferred to the Bureau
in each fiscal year shall not exceed a fixed
percentage of the total operating expenses of
the Federal Reserve System, as reported in the
Annual Report, 2009, of the Board of Governors,
equal to--
[(i) 10 percent of such expenses in
fiscal year 2011;
[(ii) 11 percent of such expenses in
fiscal year 2012; and
[(iii) 12 percent of such expenses in
fiscal year 2013, and in each year
thereafter.
[(B) Adjustment of amount.--The dollar amount
referred to in subparagraph (A)(iii) shall be
adjusted annually, using the percent increase,
if any, in the employment cost index for total
compensation for State and local government
workers published by the Federal Government, or
the successor index thereto, for the 12-month
period ending on September 30 of the year
preceding the transfer.
[(C) Reviewability.--Notwithstanding any
other provision in this title, the funds
derived from the Federal Reserve System
pursuant to this subsection shall not be
subject to review by the Committees on
Appropriations of the House of Representatives
and the Senate.
[(3) Transition period.--Beginning on the date of
enactment of this Act and until the designated transfer
date, the Board of Governors shall transfer to the
Bureau the amount estimated by the Secretary needed to
carry out the authorities granted to the Bureau under
Federal consumer financial law, from the date of
enactment of this Act until the designated transfer
date.]
[(4)] (1) Budget and financial management.--
(A) Financial operating plans and
forecasts.--The [Director] Bureau shall provide
to the Director of the Office of Management and
Budget copies of the financial operating plans
and forecasts of the [Director] Bureau, as
prepared by the [Director] Bureau in the
ordinary course of the operations of the
Bureau, and copies of the quarterly reports of
the financial condition and results of
operations of the Bureau, as prepared by the
[Director] Bureau in the ordinary course of the
operations of the Bureau.
(B) Financial statements.--The Bureau shall
prepare annually a statement of--
(i) assets and liabilities and
surplus or deficit;
(ii) income and expenses; and
(iii) sources and application of
funds.
(C) Financial management systems.--The Bureau
shall implement and maintain financial
management systems that comply substantially
with Federal financial management systems
requirements and applicable Federal accounting
standards.
(D) Assertion of internal controls.--The
[Director] Bureau shall provide to the
Comptroller General of the United States an
assertion as to the effectiveness of the
internal controls that apply to financial
reporting by the Bureau, using the standards
established in section 3512(c) of title 31,
United States Code.
[(E) Rule of construction.--This subsection
may not be construed as implying any obligation
on the part of the Director to consult with or
obtain the consent or approval of the Director
of the Office of Management and Budget with
respect to any report, plan, forecast, or other
information referred to in subparagraph (A) or
any jurisdiction or oversight over the affairs
or operations of the Bureau.
[(F) Financial statements.--The financial
statements of the Bureau shall not be
consolidated with the financial statements of
either the Board of Governors or the Federal
Reserve System.]
[(5)] (2) Audit of the bureau.--
(A) In general.--The Comptroller General
shall annually audit the financial transactions
of the Bureau in accordance with the United
States generally accepted government auditing
standards, as may be prescribed by the
Comptroller General of the United States. The
audit shall be conducted at the place or places
where accounts of the Bureau are normally kept.
The representatives of the Government
Accountability Office shall have access to the
personnel and to all books, accounts,
documents, papers, records (including
electronic records), reports, files, and all
other papers, automated data, things, or
property belonging to or under the control of
or used or employed by the Bureau pertaining to
its financial transactions and necessary to
facilitate the audit, and such representatives
shall be afforded full facilities for verifying
transactions with the balances or securities
held by depositories, fiscal agents, and
custodians. All such books, accounts,
documents, records, reports, files, papers, and
property of the Bureau shall remain in
possession and custody of the Bureau. The
Comptroller General may obtain and duplicate
any such books, accounts, documents, records,
working papers, automated data and files, or
other information relevant to such audit
without cost to the Comptroller General, and
the right of access of the Comptroller General
to such information shall be enforceable
pursuant to section 716(c) of title 31, United
States Code.
(B) Report.--The Comptroller General shall
submit to the Congress a report of each annual
audit conducted under this subsection. The
report to the Congress shall set forth the
scope of the audit and shall include the
statement of assets and liabilities and surplus
or deficit, the statement of income and
expenses, the statement of sources and
application of funds, and such comments and
information as may be deemed necessary to
inform Congress of the financial operations and
condition of the Bureau, together with such
recommendations with respect thereto as the
Comptroller General may deem advisable. A copy
of each report shall be furnished to the
President and to the Bureau at the time
submitted to the Congress.
(C) Assistance and costs.--For the purpose of
conducting an audit under this subsection, the
Comptroller General may, in the discretion of
the Comptroller General, employ by contract,
without regard to section 3709 of the Revised
Statutes of the United States (41 U.S.C. 5),
professional services of firms and
organizations of certified public accountants
for temporary periods or for special purposes.
Upon the request of the Comptroller General,
the [Director of the Bureau] Bureau shall
transfer to the Government Accountability
Office from funds available, the amount
requested by the Comptroller General to cover
the full costs of any audit and report
conducted by the Comptroller General. The
Comptroller General shall credit funds
transferred 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.
[(b) Consumer Financial Protection Fund.--
[(1) Separate fund in federal reserve established.--
There is established in the Federal Reserve a separate
fund, to be known as the ``Bureau of Consumer Financial
Protection Fund'' (referred to in this section as the
``Bureau Fund''). The Bureau Fund shall be maintained
and established at a Federal reserve bank, in
accordance with such requirements as the Board of
Governors may impose.
[(2) Fund receipts.--All amounts transferred to the
Bureau under subsection (a) shall be deposited into the
Bureau Fund.
[(3) Investment authority.--
[(A) Amounts in bureau fund may be
invested.--The Bureau may request the Board of
Governors to direct the investment of the
portion of the Bureau Fund that is not, in the
judgment of the Bureau, required to meet the
current needs of the Bureau.
[(B) Eligible investments.--Investments
authorized by this paragraph shall be made in
obligations of the United States or obligations
that are guaranteed as to principal and
interest by the United States, with maturities
suitable to the needs of the Bureau Fund, as
determined by the Bureau.
[(C) Interest and proceeds credited.--The
interest on, and the proceeds from the sale or
redemption of, any obligations held in the
Bureau Fund shall be credited to the Bureau
Fund.
[(c) Use of Funds.--
[(1) In general.--Funds obtained by, transferred to,
or credited to the Bureau Fund shall be immediately
available to the Bureau and under the control of the
Director, and shall remain available until expended, to
pay the expenses of the Bureau in carrying out its
duties and responsibilities. The compensation of the
Director and other employees of the Bureau and all
other expenses thereof may be paid from, obtained by,
transferred to, or credited to the Bureau Fund under
this section.
[(2) Funds that are not government funds.--Funds
obtained by or transferred to the Bureau Fund shall not
be construed to be Government funds or appropriated
monies.
[(3) Amounts not subject to apportionment.--
Notwithstanding any other provision of law, amounts in
the Bureau Fund and in the Civil Penalty Fund
established under subsection (d) shall not be subject
to apportionment for purposes of chapter 15 of title
31, United States Code, or under any other authority.]
[(d)] (b) Penalties and Fines.--
(1) Establishment of victims relief fund.--There is
established in the Federal Reserve a separate fund, to
be known as the ``Consumer Financial Civil Penalty
Fund'' (referred to in this section as the ``Civil
Penalty Fund''). The Civil Penalty Fund shall be
maintained and established at a Federal reserve bank,
in accordance with such requirements as the Board of
Governors may impose. If the Bureau obtains a civil
penalty against any person in any judicial or
administrative action under Federal consumer financial
laws, the Bureau shall deposit into the Civil Penalty
Fund, the amount of the penalty collected.
(2) Payment to victims.--Amounts in the Civil Penalty
Fund shall be available to the Bureau, without fiscal
year limitation, for payments to the victims of
activities for which civil penalties have been imposed
under the Federal consumer financial laws. To the
extent that such victims cannot be located or such
payments are otherwise not practicable, the Bureau may
use such funds for the purpose of consumer education
and financial literacy programs.
[(e)] (c) Authorization of Appropriations; Annual Report.--
[(1) Determination regarding need for appropriated
funds.--
[(A) In general.--The Director is authorized
to determine that sums available to the Bureau
under this section will not be sufficient to
carry out the authorities of the Bureau under
Federal consumer financial law for the upcoming
year.
[(B) Report required.--When making a
determination under subparagraph (A), the
Director shall prepare a report regarding the
funding of the Bureau, including the assets and
liabilities of the Bureau, and the extent to
which the funding needs of the Bureau are
anticipated to exceed the level of the amount
set forth in subsection (a)(2). The Director
shall submit the report to the President and to
the Committee on Appropriations of the Senate
and the Committee on Appropriations of the
House of Representatives.
[(2) Authorization of appropriations.--If the
Director makes the determination and submits the report
pursuant to paragraph (1), there are hereby authorized
to be appropriated to the Bureau, for the purposes of
carrying out the authorities granted in Federal
consumer financial law, $200,000,000 for each of fiscal
years 2010, 2011, 2012, 2013, and 2014.
[(3) Apportionment.--Notwithstanding any other
provision of law, the amounts in paragraph (2) shall be
subject to apportionment under section 1517 of title
31, United States Code, and restrictions that generally
apply to the use of appropriated funds in title 31,
United States Code, and other laws.]
(1) Authorization of appropriations.--There is
authorized to be appropriated to the Bureau
$650,000,000 for fiscal year 2024 to carry out the
authorities of the Bureau.
[(4)] (2) Annual report.--The [Director] Bureau shall
prepare and submit a report, on an annual basis, to the
Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of
Representatives regarding the financial operating plans
and forecasts of the [Director] Bureau, the financial
condition and results of operations of the Bureau, and
the sources and application of funds of the Bureau,
including any funds appropriated in accordance with
this subsection.
* * * * * * *
Subtitle B--General Powers of the Bureau
* * * * * * *
SEC. 1022. RULEMAKING AUTHORITY.
(a) In General.--The Bureau is authorized to exercise its
authorities under Federal consumer financial law to administer,
enforce, and otherwise implement the provisions of Federal
consumer financial law.
(b) Rulemaking, Orders, and Guidance.--
(1) General authority.--The [Director] Bureau may
prescribe rules and issue orders and guidance, as may
be necessary or appropriate to enable the Bureau to
administer and carry out the purposes and objectives of
the Federal consumer financial laws, and to prevent
evasions thereof.
(2) Standards for rulemaking.--In prescribing a rule
under the Federal consumer financial laws--
(A) the Bureau shall consider--
(i) the potential benefits and costs
to consumers and covered persons,
including the potential reduction of
access by consumers to consumer
financial products or services
resulting from such rule; and
(ii) the impact of proposed rules on
covered persons, as described in
section 1026, and the impact on
consumers in rural areas;
(B) the Bureau shall consult with the
appropriate prudential regulators or other
Federal agencies prior to proposing a rule and
during the comment process regarding
consistency with prudential, market, or
systemic objectives administered by such
agencies; and
(C) if, during the consultation process
described in subparagraph (B), a prudential
regulator provides the Bureau with a written
objection to the proposed rule of the Bureau or
a portion thereof, the Bureau shall include in
the adopting release a description of the
objection and the basis for the Bureau
decision, if any, regarding such objection,
except that nothing in this clause shall be
construed as altering or limiting the
procedures under section 1023 that may apply to
any rule prescribed by the Bureau.
(3) Exemptions.--
(A) In general.--The Bureau, by rule, may
conditionally or unconditionally exempt any
class of covered persons, service providers, or
consumer financial products or services, from
any provision of this title, or from any rule
issued under this title, as the Bureau
determines necessary or appropriate to carry
out the purposes and objectives of this title,
taking into consideration the factors in
subparagraph (B).
(B) Factors.--In issuing an exemption, as
permitted under subparagraph (A), the Bureau
shall, as appropriate, take into
consideration--
(i) the total assets of the class of
covered persons;
(ii) the volume of transactions
involving consumer financial products
or services in which the class of
covered persons engages; and
(iii) existing provisions of law
which are applicable to the consumer
financial product or service and the
extent to which such provisions provide
consumers with adequate protections.
(4) Exclusive rulemaking authority.--
(A) In general.--Notwithstanding any other
provisions of Federal law and except as
provided in section 1061(b)(5), to the extent
that a provision of Federal consumer financial
law authorizes the Bureau and another Federal
agency to issue regulations under that
provision of law for purposes of assuring
compliance with Federal consumer financial law
and any regulations thereunder, the Bureau
shall have the exclusive authority to prescribe
rules subject to those provisions of law.
(B) Deference.--Notwithstanding any power
granted to any Federal agency or to the Council
under this title, and subject to section
1061(b)(5)(E), the deference that a court
affords to the Bureau with respect to a
determination by the Bureau regarding the
meaning or interpretation of any provision of a
Federal consumer financial law shall be applied
as if the Bureau were the only agency
authorized to apply, enforce, interpret, or
administer the provisions of such Federal
consumer financial law.
(c) Monitoring.--
(1) In general.--In order to support its rulemaking
and other functions, the Bureau shall monitor for risks
to consumers in the offering or provision of consumer
financial products or services, including developments
in markets for such products or services.
(2) Considerations.--In allocating its resources to
perform the monitoring required by this section, the
Bureau may consider, among other factors--
(A) likely risks and costs to consumers
associated with buying or using a type of
consumer financial product or service;
(B) understanding by consumers of the risks
of a type of consumer financial product or
service;
(C) the legal protections applicable to the
offering or provision of a consumer financial
product or service, including the extent to
which the law is likely to adequately protect
consumers;
(D) rates of growth in the offering or
provision of a consumer financial product or
service;
(E) the extent, if any, to which the risks of
a consumer financial product or service may
disproportionately affect traditionally
underserved consumers; or
(F) the types, number, and other pertinent
characteristics of covered persons that offer
or provide the consumer financial product or
service.
(3) Significant findings.--
(A) In general.--The Bureau shall publish not
fewer than 1 report of significant findings of
its monitoring required by this subsection in
each calendar year, beginning with the first
calendar year that begins at least 1 year after
the designated transfer date.
(B) Confidential information.--The Bureau may
make public such information obtained by the
Bureau under this section as is in the public
interest, through aggregated reports or other
appropriate formats designed to protect
confidential information in accordance with
paragraphs (4), (6), (8), and (9).
(4) Collection of information.--
(A) In general.--In conducting any monitoring
or assessment required by this section, the
Bureau shall have the authority to gather
information from time to time regarding the
organization, business conduct, markets, and
activities of covered persons and service
providers.
(B) Methodology.--In order to gather
information described in subparagraph (A), the
Bureau may--
(i) gather and compile information
from a variety of sources, including
examination reports concerning covered
persons or service providers, consumer
complaints, voluntary surveys and
voluntary interviews of consumers,
surveys and interviews with covered
persons and service providers, and
review of available databases; and
(ii) require covered persons and
service providers participating in
consumer financial services markets to
file with the Bureau, under oath or
otherwise, in such form and within such
reasonable period of time as the Bureau
may prescribe by rule or order, annual
or special reports, or answers in
writing to specific questions,
furnishing information described in
paragraph (4), as necessary for the
Bureau to fulfill the monitoring,
assessment, and reporting
responsibilities imposed by Congress.
(C) Limitation.--The Bureau may not use its
authorities under this paragraph to obtain
records from covered persons and service
providers participating in consumer financial
services markets for purposes of gathering or
analyzing the personally identifiable financial
information of consumers.
(5) Limited information gathering.--In order to
assess whether a nondepository is a covered person, as
defined in section 1002, the Bureau may require such
nondepository to file with the Bureau, under oath or
otherwise, in such form and within such reasonable
period of time as the Bureau may prescribe by rule or
order, annual or special reports, or answers in writing
to specific questions.
(6) Confidentiality rules.--
(A) Rulemaking.--The Bureau shall prescribe
rules regarding the confidential treatment of
information obtained from persons in connection
with the exercise of its authorities under
Federal consumer financial law.
(B) Access by the bureau to reports of other
regulators.--
(i) Examination and financial
condition reports.--Upon providing
reasonable assurances of
confidentiality, the Bureau shall have
access to any report of examination or
financial condition made by a
prudential regulator or other Federal
agency having jurisdiction over a
covered person or service provider, and
to all revisions made to any such
report.
(ii) Provision of other reports to
the bureau.--In addition to the reports
described in clause (i), a prudential
regulator or other Federal agency
having jurisdiction over a covered
person or service provider may, in its
discretion, furnish to the Bureau any
other report or other confidential
supervisory information concerning any
insured depository institution, credit
union, or other entity examined by such
agency under authority of any provision
of Federal law.
(C) Access by other regulators to reports of
the bureau.--
(i) Examination reports.--Upon
providing reasonable assurances of
confidentiality, a prudential
regulator, a State regulator, or any
other Federal agency having
jurisdiction over a covered person or
service provider shall have access to
any report of examination made by the
Bureau with respect to such person, and
to all revisions made to any such
report.
(ii) Provision of other reports to
other regulators.--In addition to the
reports described in clause (i), the
Bureau may, in its discretion, furnish
to a prudential regulator or other
agency having jurisdiction over a
covered person or service provider any
other report or other confidential
supervisory information concerning such
person examined by the Bureau under the
authority of any other provision of
Federal law.
(7) Registration.--
(A) In general.--The Bureau may prescribe
rules regarding registration requirements
applicable to a covered person, other than an
insured depository institution, insured credit
union, or related person.
(B) Registration information.--Subject to
rules prescribed by the Bureau, the Bureau may
publicly disclose registration information to
facilitate the ability of consumers to identify
covered persons that are registered with the
Bureau.
(C) Consultation with state agencies.--In
developing and implementing registration
requirements under this paragraph, the Bureau
shall consult with State agencies regarding
requirements or systems (including coordinated
or combined systems for registration), where
appropriate.
(8) Privacy considerations.--In collecting
information from any person, publicly releasing
information held by the Bureau, or requiring covered
persons to publicly report information, the Bureau
shall take steps to ensure that proprietary, personal,
or confidential consumer information that is protected
from public disclosure under section 552(b) or 552a of
title 5, United States Code, or any other provision of
law, is not made public under this title.
(9) Consumer privacy.--
(A) In general.--The Bureau may not obtain
from a covered person or service provider any
personally identifiable financial information
about a consumer from the financial records of
the covered person or service provider,
except--
(i) if the financial records are
reasonably described in a request by
the Bureau and the consumer provides
written permission for the disclosure
of such information by the covered
person or service provider to the
Bureau; or
(ii) as may be specifically permitted
or required under other applicable
provisions of law and in accordance
with the Right to Financial Privacy Act
of 1978 (12 U.S.C. 3401 et seq.).
(B) Treatment of covered person or service
provider.--With respect to the application of
any provision of the Right to Financial Privacy
Act of 1978, to a disclosure by a covered
person or service provider subject to this
subsection, the covered person or service
provider shall be treated as if it were a
``financial institution'', as defined in
section 1101 of that Act (12 U.S.C. 3401).
(d) Assessment of Significant Rules.--
(1) In general.--The Bureau shall conduct an
assessment of each significant rule or order adopted by
the Bureau under Federal consumer financial law. The
assessment shall address, among other relevant factors,
the effectiveness of the rule or order in meeting the
purposes and objectives of this title and the specific
goals stated by the Bureau. The assessment shall
reflect available evidence and any data that the Bureau
reasonably may collect.
(2) Reports.--The Bureau shall publish a report of
its assessment under this subsection not later than 5
years after the effective date of the subject rule or
order.
(3) Public comment required.--Before publishing a
report of its assessment, the Bureau shall invite
public comment on recommendations for modifying,
expanding, or eliminating the newly adopted significant
rule or order.
* * * * * * *
SEC. 1024. SUPERVISION OF NONDEPOSITORY COVERED PERSONS.
(a) Scope of Coverage.--
(1) Applicability.--Notwithstanding any other
provision of this title, and except as provided in
paragraph (3), this section shall apply to any covered
person who--
(A) offers or provides origination,
brokerage, or servicing of loans secured by
real estate for use by consumers primarily for
personal, family, or household purposes, or
loan modification or foreclosure relief
services in connection with such loans;
(B) is a larger participant of a market for
other consumer financial products or services,
as defined by rule in accordance with paragraph
(2);
(C) the Bureau has reasonable cause to
determine, by order, after notice to the
covered person and a reasonable opportunity for
such covered person to respond, based on
complaints collected through the system under
section 1013(b)(3) or information from other
sources, that such covered person is engaging,
or has engaged, in conduct that poses risks to
consumers with regard to the offering or
provision of consumer financial products or
services;
(D) offers or provides to a consumer any
private education loan, as defined in section
140 of the Truth in Lending Act (15 U.S.C.
1650), notwithstanding section 1027(a)(2)(A)
and subject to section 1027(a)(2)(C); or
(E) offers or provides to a consumer a payday
loan.
(2) Rulemaking to define covered persons subject to
this section.--The Bureau shall consult with the
Federal Trade Commission prior to issuing a rule, in
accordance with paragraph (1)(B), to define covered
persons subject to this section. The Bureau shall issue
its initial rule not later than 1 year after the
designated transfer date.
(3) Rules of construction.--
(A) Certain persons excluded.--This section
shall not apply to persons described in section
1025(a) or 1026(a).
(B) Activity levels.--For purposes of
computing activity levels under paragraph (1)
or rules issued thereunder, activities of
affiliated companies (other than insured
depository institutions or insured credit
unions) shall be aggregated.
(b) Supervision.--
(1) In general.--The Bureau shall require reports and
conduct examinations on a periodic basis of persons
described in subsection (a)(1) for purposes of--
(A) assessing compliance with the
requirements of Federal consumer financial law;
(B) obtaining information about the
activities and compliance systems or procedures
of such person; and
(C) detecting and assessing risks to
consumers and to markets for consumer financial
products and services.
(2) Risk-based supervision program.--The Bureau shall
exercise its authority under paragraph (1) in a manner
designed to ensure that such exercise, with respect to
persons described in subsection (a)(1), is based on the
assessment by the Bureau of the risks posed to
consumers in the relevant product markets and
geographic markets, and taking into consideration, as
applicable--
(A) the asset size of the covered person;
(B) the volume of transactions involving
consumer financial products or services in
which the covered person engages;
(C) the risks to consumers created by the
provision of such consumer financial products
or services;
(D) the extent to which such institutions are
subject to oversight by State authorities for
consumer protection; and
(E) any other factors that the Bureau
determines to be relevant to a class of covered
persons.
(3) Coordination.--To minimize regulatory burden, the
Bureau shall coordinate its supervisory activities with
the supervisory activities conducted by prudential
regulators, the State bank regulatory authorities, and
the State agencies that licence, supervise, or examine
the offering of consumer financial products or
services, including establishing their respective
schedules for examining persons described in subsection
(a)(1) and requirements regarding reports to be
submitted by such persons. The sharing of information
with such regulators, authorities, and agencies shall
not be construed as waiving, destroying, or otherwise
affecting any privilege or confidentiality such person
may claim with respect to such information under
Federal or State law as to any person or entity other
than such Bureau, agency, supervisor, or authority.
(4) Use of existing reports.--The Bureau shall, to
the fullest extent possible, use--
(A) reports pertaining to persons described
in subsection (a)(1) that have been provided or
required to have been provided to a Federal or
State agency; and
(B) information that has been reported
publicly.
(5) Preservation of authority.--Nothing in this title
may be construed as limiting the authority of the
[Director] Bureau to require reports from persons
described in subsection (a)(1), as permitted under
paragraph (1), regarding information owned or under the
control of such person, regardless of whether such
information is maintained, stored, or processed by
another person.
(6) Reports of tax law noncompliance.--The Bureau
shall provide the Commissioner of Internal Revenue with
any report of examination or related information
identifying possible tax law noncompliance.
(7) Registration, recordkeeping and other
requirements for certain persons.--
(A) In general.--The Bureau shall prescribe
rules to facilitate supervision of persons
described in subsection (a)(1) and assessment
and detection of risks to consumers.
(B) Recordkeeping.--The Bureau may require a
person described in subsection (a)(1), to
generate, provide, or retain records for the
purposes of facilitating supervision of such
persons and assessing and detecting risks to
consumers.
(C) Requirements concerning obligations.--The
Bureau may prescribe rules regarding a person
described in subsection (a)(1), to ensure that
such persons are legitimate entities and are
able to perform their obligations to consumers.
Such requirements may include background checks
for principals, officers, directors, or key
personnel and bonding or other appropriate
financial requirements.
(D) Consultation with state agencies.--In
developing and implementing requirements under
this paragraph, the Bureau shall consult with
State agencies regarding requirements or
systems (including coordinated or combined
systems for registration), where appropriate.
(c) Enforcement Authority.--
(1) The bureau to have enforcement authority.--Except
as provided in paragraph (3) and section 1061, with
respect to any person described in subsection (a)(1),
to the extent that Federal law authorizes the Bureau
and another Federal agency to enforce Federal consumer
financial law, the Bureau shall have exclusive
authority to enforce that Federal consumer financial
law.
(2) Referral.--Any Federal agency authorized to
enforce a Federal consumer financial law described in
paragraph (1) may recommend in writing to the Bureau
that the Bureau initiate an enforcement proceeding, as
the Bureau is authorized by that Federal law or by this
title.
(3) Coordination with the federal trade commission.--
(A) In general.--The Bureau and the Federal
Trade Commission shall negotiate an agreement
for coordinating with respect to enforcement
actions by each agency regarding the offering
or provision of consumer financial products or
services by any covered person that is
described in subsection (a)(1), or service
providers thereto. The agreement shall include
procedures for notice to the other agency,
where feasible, prior to initiating a civil
action to enforce any Federal law regarding the
offering or provision of consumer financial
products or services.
(B) Civil actions.--Whenever a civil action
has been filed by, or on behalf of, the Bureau
or the Federal Trade Commission for any
violation of any provision of Federal law
described in subparagraph (A), or any
regulation prescribed under such provision of
law--
(i) the other agency may not, during
the pendency of that action, institute
a civil action under such provision of
law against any defendant named in the
complaint in such pending action for
any violation alleged in the complaint;
and
(ii) the Bureau or the Federal Trade
Commission may intervene as a party in
any such action brought by the other
agency, and, upon intervening--
(I) be heard on all matters
arising in such enforcement
action; and
(II) file petitions for
appeal in such actions.
(C) Agreement terms.--The terms of any
agreement negotiated under subparagraph (A) may
modify or supersede the provisions of
subparagraph (B).
(D) Deadline.--The agencies shall reach the
agreement required under subparagraph (A) not
later than 6 months after the designated
transfer date.
(d) Exclusive Rulemaking and Examination Authority.--
Notwithstanding any other provision of Federal law and except
as provided in section 1061, to the extent that Federal law
authorizes the Bureau and another Federal agency to issue
regulations or guidance, conduct examinations, or require
reports from a person described in subsection (a)(1) under such
law for purposes of assuring compliance with Federal consumer
financial law and any regulations thereunder, the Bureau shall
have the exclusive authority to prescribe rules, issue
guidance, conduct examinations, require reports, or issue
exemptions with regard to a person described in subsection
(a)(1), subject to those provisions of law.
(e) Service Providers.--A service provider to a person
described in subsection (a)(1) shall be subject to the
authority of the Bureau under this section, to the same extent
as if such service provider were engaged in a service
relationship with a bank, and the Bureau were an appropriate
Federal banking agency under section 7(c) of the Bank Service
Company Act (12 U.S.C. 1867(c)). In conducting any examination
or requiring any report from a service provider subject to this
subsection, the Bureau shall coordinate with the appropriate
prudential regulator, as applicable.
(f) Preservation of Farm Credit Administration Authority.--No
provision of this title may be construed as modifying,
limiting, or otherwise affecting the authority of the Farm
Credit Administration.
SEC. 1025. SUPERVISION OF VERY LARGE BANKS, SAVINGS ASSOCIATIONS, AND
CREDIT UNIONS.
(a) Scope of Coverage.--This section shall apply to any
covered person that is--
(1) an insured depository institution with total
assets of more than $10,000,000,000 and any affiliate
thereof; or
(2) an insured credit union with total assets of more
than $10,000,000,000 and any affiliate thereof.
(b) Supervision.--
(1) In general.--The Bureau shall have exclusive
authority to require reports and conduct examinations
on a periodic basis of persons described in subsection
(a) for purposes of--
(A) assessing compliance with the
requirements of Federal consumer financial
laws;
(B) obtaining information about the
activities subject to such laws and the
associated compliance systems or procedures of
such persons; and
(C) detecting and assessing associated risks
to consumers and to markets for consumer
financial products and services.
(2) Coordination.--To minimize regulatory burden, the
Bureau shall coordinate its supervisory activities with
the supervisory activities conducted by prudential
regulators and the State bank regulatory authorities,
including consultation regarding their respective
schedules for examining such persons described in
subsection (a) and requirements regarding reports to be
submitted by such persons.
(3) Use of existing reports.--The Bureau shall, to
the fullest extent possible, use--
(A) reports pertaining to a person described
in subsection (a) that have been provided or
required to have been provided to a Federal or
State agency; and
(B) information that has been reported
publicly.
(4) Preservation of authority.--Nothing in this title
may be construed as limiting the authority of the
[Director] Bureau to require reports from a person
described in subsection (a), as permitted under
paragraph (1), regarding information owned or under the
control of such person, regardless of whether such
information is maintained, stored, or processed by
another person.
(5) Reports of tax law noncompliance.--The Bureau
shall provide the Commissioner of Internal Revenue with
any report of examination or related information
identifying possible tax law noncompliance.
(c) Primary Enforcement Authority.--
(1) The bureau to have primary enforcement
authority.--To the extent that the Bureau and another
Federal agency are authorized to enforce a Federal
consumer financial law, the Bureau shall have primary
authority to enforce that Federal consumer financial
law with respect to any person described in subsection
(a).
(2) Referral.--Any Federal agency, other than the
Federal Trade Commission, that is authorized to enforce
a Federal consumer financial law may recommend, in
writing, to the Bureau that the Bureau initiate an
enforcement proceeding with respect to a person
described in subsection (a), as the Bureau is
authorized to do by that Federal consumer financial
law.
(3) Backup enforcement authority of other federal
agency.--If the Bureau does not, before the end of the
120-day period beginning on the date on which the
Bureau receives a recommendation under paragraph (2),
initiate an enforcement proceeding, the other agency
referred to in paragraph (2) may initiate an
enforcement proceeding, including performing follow up
supervisory and support functions incidental thereto,
to assure compliance with such proceeding.
(d) Service Providers.--A service provider to a person
described in subsection (a) shall be subject to the authority
of the Bureau under this section, to the same extent as if the
Bureau were an appropriate Federal banking agency under section
7(c) of the Bank Service Company Act 12 U.S.C. 1867(c). In
conducting any examination or requiring any report from a
service provider subject to this subsection, the Bureau shall
coordinate with the appropriate prudential regulator.
(e) Simultaneous and Coordinated Supervisory Action.--
(1) Examinations.--A prudential regulator and the
Bureau shall, with respect to each insured depository
institution, insured credit union, or other covered
person described in subsection (a) that is supervised
by the prudential regulator and the Bureau,
respectively--
(A) coordinate the scheduling of examinations
of the insured depository institution, insured
credit union, or other covered person described
in subsection (a);
(B) conduct simultaneous examinations of each
insured depository institution or insured
credit union, unless such institution requests
examinations to be conducted separately;
(C) share each draft report of examination
with the other agency and permit the receiving
agency a reasonable opportunity (which shall
not be less than a period of 30 days after the
date of receipt) to comment on the draft report
before such report is made final; and
(D) prior to issuing a final report of
examination or taking supervisory action, take
into consideration concerns, if any, raised in
the comments made by the other agency.
(2) Coordination with state bank supervisors.--The
Bureau shall pursue arrangements and agreements with
State bank supervisors to coordinate examinations,
consistent with paragraph (1).
(3) Avoidance of conflict in supervision.--
(A) Request.--If the proposed supervisory
determinations of the Bureau and a prudential
regulator (in this section referred to
collectively as the ``agencies'') are
conflicting, an insured depository institution,
insured credit union, or other covered person
described in subsection (a) may request the
agencies to coordinate and present a joint
statement of coordinated supervisory action.
(B) Joint statement.--The agencies shall
provide a joint statement under subparagraph
(A), not later than 30 days after the date of
receipt of the request of the insured
depository institution, credit union, or
covered person described in subsection (a).
(4) Appeals to governing panel.--
(A) In general.--If the agencies do not
resolve the conflict or issue a joint statement
required by subparagraph (B), or if either of
the agencies takes or attempts to take any
supervisory action relating to the request for
the joint statement without the consent of the
other agency, an insured depository
institution, insured credit union, or other
covered person described in subsection (a) may
institute an appeal to a governing panel, as
provided in this subsection, not later than 30
days after the expiration of the period during
which a joint statement is required to be filed
under paragraph (3)(B).
(B) Composition of governing panel.--The
governing panel for an appeal under this
paragraph shall be composed of--
(i) a representative from the Bureau
and a representative of the prudential
regulator, both of whom--
(I) have not participated in
the material supervisory
determinations under appeal;
and
(II) do not directly or
indirectly report to the person
who participated materially in
the supervisory determinations
under appeal; and
(ii) one individual representative,
to be determined on a rotating basis,
from among the Board of Governors, the
Corporation, the National Credit Union
Administration, and the Office of the
Comptroller of the Currency, other than
any agency involved in the subject
dispute.
(C) Conduct of appeal.--In an appeal under
this paragraph--
(i) the insured depository
institution, insured credit union, or
other covered person described in
subsection (a)--
(I) shall include in its
appeal all the facts and legal
arguments pertaining to the
matter; and
(II) may, through counsel,
employees, or representatives,
appear before the governing
panel in person or by
telephone; and
(ii) the governing panel--
(I) may request the insured
depository institution, insured
credit union, or other covered
person described in subsection
(a), the Bureau, or the
prudential regulator to produce
additional information relevant
to the appeal; and
(II) by a majority vote of
its members, shall provide a
final determination, in
writing, not later than 30 days
after the date of filing of an
informationally complete
appeal, or such longer period
as the panel and the insured
depository institution, insured
credit union, or other covered
person described in subsection
(a) may jointly agree.
(D) Public availability of determinations.--A
governing panel shall publish all information
contained in a determination by the governing
panel, with appropriate redactions of
information that would be subject to an
exemption from disclosure under section 552 of
title 5, United States Code.
(E) Prohibition against retaliation.--The
Bureau and the prudential regulators shall
prescribe rules to provide safeguards from
retaliation against the insured depository
institution, insured credit union, or other
covered person described in subsection (a)
instituting an appeal under this paragraph, as
well as their officers and employees.
(F) Limitation.--The process provided in this
paragraph shall not apply to a determination by
a prudential regulator to appoint a conservator
or receiver for an insured depository
institution or a liquidating agent for an
insured credit union, as the case may be, or a
decision to take action pursuant to section 38
of the Federal Deposit Insurance Act (12 U.S.C.
1831o) or section 212 of the Federal Credit
Union Act (112 U.S.C. 1790a), as applicable.
(G) Effect on other authority.--Nothing in
this section shall modify or limit the
authority of the Bureau to interpret, or take
enforcement action under, any Federal consumer
financial law, or the authority of a prudential
regulator to interpret or take enforcement
action under any other provision of Federal law
for safety and soundness purposes.
SEC. 1026. OTHER BANKS, SAVINGS ASSOCIATIONS, AND CREDIT UNIONS.
(a) Scope of Coverage.--This section shall apply to any
covered person that is--
(1) an insured depository institution with total
assets of $10,000,000,000 or less; or
(2) an insured credit union with total assets of
$10,000,000,000 or less.
(b) Reports.--The [Director] Bureau may require reports from
a person described in subsection (a), as necessary to support
the role of the Bureau in implementing Federal consumer
financial law, to support its examination activities under
subsection (c), and to assess and detect risks to consumers and
consumer financial markets.
(1) Use of existing reports.--The Bureau shall, to
the fullest extent possible, use--
(A) reports pertaining to a person described
in subsection (a) that have been provided or
required to have been provided to a Federal or
State agency; and
(B) information that has been reported
publicly.
(2) Preservation of authority.--Nothing in this
subsection may be construed as limiting the authority
of the [Director] Bureau from requiring from a person
described in subsection (a), as permitted under
paragraph (1), information owned or under the control
of such person, regardless of whether such information
is maintained, stored, or processed by another person.
(3) Reports of tax law noncompliance.--The Bureau
shall provide the Commissioner of Internal Revenue with
any report of examination or related information
identifying possible tax law noncompliance.
(c) Examinations.--
(1) In general.--The Bureau may, at its discretion,
include examiners on a sampling basis of the
examinations performed by the prudential regulator to
assess compliance with the requirements of Federal
consumer financial law of persons described in
subsection (a).
(2) Agency coordination.--The prudential regulator
shall--
(A) provide all reports, records, and
documentation related to the examination
process for any institution included in the
sample referred to in paragraph (1) to the
Bureau on a timely and continual basis;
(B) involve such Bureau examiner in the
entire examination process for such person; and
(C) consider input of the Bureau concerning
the scope of an examination, conduct of the
examination, the contents of the examination
report, the designation of matters requiring
attention, and examination ratings.
(d) Enforcement.--
(1) In general.--Except for requiring reports under
subsection (b), the prudential regulator is authorized
to enforce the requirements of Federal consumer
financial laws and, with respect to a covered person
described in subsection (a), shall have exclusive
authority (relative to the Bureau) to enforce such
laws.
(2) Coordination with prudential regulator.--
(A) Referral.--When the Bureau has reason to
believe that a person described in subsection
(a) has engaged in a material violation of a
Federal consumer financial law, the Bureau
shall notify the prudential regulator in
writing and recommend appropriate action to
respond.
(B) Response.--Upon receiving a
recommendation under subparagraph (A), the
prudential regulator shall provide a written
response to the Bureau not later than 60 days
thereafter.
(e) Service Providers.--A service provider to a substantial
number of persons described in subsection (a) shall be subject
to the authority of the Bureau under section 1025 to the same
extent as if the Bureau were an appropriate Federal bank agency
under section 7(c) of the Bank Service Company Act (12 U.S.C.
1867(c)). When conducting any examination or requiring any
report from a service provider subject to this subsection, the
Bureau shall coordinate with the appropriate prudential
regulator.
SEC. 1027. LIMITATIONS ON AUTHORITIES OF THE BUREAU; PRESERVATION OF
AUTHORITIES.
(a) Exclusion for Merchants, Retailers, and Other Sellers of
Nonfinancial Goods or Services.--
(1) Sale or brokerage of nonfinancial good or
service.--The Bureau may not exercise any rulemaking,
supervisory, enforcement or other authority under this
title with respect to a person who is a merchant,
retailer, or seller of any nonfinancial good or service
and is engaged in the sale or brokerage of such
nonfinancial good or service, except to the extent that
such person is engaged in offering or providing any
consumer financial product or service, or is otherwise
subject to any enumerated consumer law or any law for
which authorities are transferred under subtitle F or
H.
(2) Offering or provision of certain consumer
financial products or services in connection with the
sale or brokerage of nonfinancial good or service.--
(A) In general.--Except as provided in
subparagraph (B), and subject to subparagraph
(C), the Bureau may not exercise any
rulemaking, supervisory, enforcement, or other
authority under this title with respect to a
merchant, retailer, or seller of nonfinancial
goods or services, but only to the extent that
such person--
(i) extends credit directly to a
consumer, in a case in which the good
or service being provided is not itself
a consumer financial product or service
(other than credit described in this
subparagraph), exclusively for the
purpose of enabling that consumer to
purchase such nonfinancial good or
service directly from the merchant,
retailer, or seller;
(ii) directly, or through an
agreement with another person, collects
debt arising from credit extended as
described in clause (i); or
(iii) sells or conveys debt described
in clause (i) that is delinquent or
otherwise in default.
(B) Applicability.--Subparagraph (A) does not
apply to any credit transaction or collection
of debt, other than as described in
subparagraph (C)(i), arising from a transaction
described in subparagraph (A)--
(i) in which the merchant, retailer,
or seller of nonfinancial goods or
services assigns, sells or otherwise
conveys to another person such debt
owed by the consumer (except for a sale
of debt that is delinquent or otherwise
in default, as described in
subparagraph (A)(iii));
(ii) in which the credit extended
significantly exceeds the market value
of the nonfinancial good or service
provided, or the Bureau otherwise finds
that the sale of the nonfinancial good
or service is done as a subterfuge, so
as to evade or circumvent the
provisions of this title; or
(iii) in which the merchant,
retailer, or seller of nonfinancial
goods or services regularly extends
credit and the credit is subject to a
finance charge.
(C) Limitations.--
(i) In general.--Notwithstanding
subparagraph (B), subparagraph (A)
shall apply with respect to a merchant,
retailer, or seller of nonfinancial
goods or services that is not engaged
significantly in offering or providing
consumer financial products or
services.
(ii) Exception.--Subparagraph (A) and
clause (i) of this subparagraph do not
apply to any merchant, retailer, or
seller of nonfinancial goods or
services--
(I) if such merchant,
retailer, or seller of
nonfinancial goods or services
is engaged in a transaction
described in subparagraph
(B)(i) or (B)(ii); or
(II) to the extent that such
merchant, retailer, or seller
is subject to any enumerated
consumer law or any law for
which authorities are
transferred under subtitle F or
H, but the Bureau may exercise
such authority only with
respect to that law.
(D) Rules.--
(i) Authority of other agencies.--No
provision of this title shall be
construed as modifying, limiting, or
superseding the supervisory or
enforcement authority of the Federal
Trade Commission or any other agency
(other than the Bureau) with respect to
credit extended, or the collection of
debt arising from such extension,
directly by a merchant or retailer to a
consumer exclusively for the purpose of
enabling that consumer to purchase
nonfinancial goods or services directly
from the merchant or retailer.
(ii) Small businesses.--A merchant,
retailer, or seller of nonfinancial
goods or services that would otherwise
be subject to the authority of the
Bureau solely by virtue of the
application of subparagraph (B)(iii)
shall be deemed not to be engaged
significantly in offering or providing
consumer financial products or services
under subparagraph (C)(i), if such
person--
(I) only extends credit for
the sale of nonfinancial goods
or services, as described in
subparagraph (A)(i);
(II) retains such credit on
its own accounts (except to
sell or convey such debt that
is delinquent or otherwise in
default); and
(III) meets the relevant
industry size threshold to be a
small business concern, based
on annual receipts, pursuant to
section 3 of the Small Business
Act (15 U.S.C. 632) and the
implementing rules thereunder.
(iii) Initial year.--A merchant,
retailer, or seller of nonfinancial
goods or services shall be deemed to
meet the relevant industry size
threshold described in clause (ii)(III)
during the first year of operations of
that business concern if, during that
year, the receipts of that business
concern reasonably are expected to meet
that size threshold.
(iv) Other standards for small
business.--With respect to a merchant,
retailer, or seller of nonfinancial
goods or services that is a classified
on a basis other than annual receipts
for the purposes of section 3 of the
Small Business Act (15 U.S.C. 632) and
the implementing rules thereunder, such
merchant, retailer, or seller shall be
deemed to meet the relevant industry
size threshold described in clause
(ii)(III) if such merchant, retailer,
or seller meets the relevant industry
size threshold to be a small business
concern based on the number of
employees, or other such applicable
measure, established under that Act.
(E) Exception from state enforcement.--To the
extent that the Bureau may not exercise
authority under this subsection with respect to
a merchant, retailer, or seller of nonfinancial
goods or services, no action by a State
attorney general or State regulator with
respect to a claim made under this title may be
brought under subsection 1042(a), with respect
to an activity described in any of clauses (i)
through (iii) of subparagraph (A) by such
merchant, retailer, or seller of nonfinancial
goods or services.
(b) Exclusion for Real Estate Brokerage Activities.--
(1) Real estate brokerage activities excluded.--
Without limiting subsection (a), and except as
permitted in paragraph (2), the Bureau may not exercise
any rulemaking, supervisory, enforcement, or other
authority under this title with respect to a person
that is licensed or registered as a real estate broker
or real estate agent, in accordance with State law, to
the extent that such person--
(A) acts as a real estate agent or broker for
a buyer, seller, lessor, or lessee of real
property;
(B) brings together parties interested in the
sale, purchase, lease, rental, or exchange of
real property;
(C) negotiates, on behalf of any party, any
portion of a contract relating to the sale,
purchase, lease, rental, or exchange of real
property (other than in connection with the
provision of financing with respect to any such
transaction); or
(D) offers to engage in any activity, or act
in any capacity, described in subparagraph (A),
(B), or (C).
(2) Description of activities.--The Bureau may
exercise rulemaking, supervisory, enforcement, or other
authority under this title with respect to a person
described in paragraph (1) when such person is--
(A) engaged in an activity of offering or
providing any consumer financial product or
service, except that the Bureau may exercise
such authority only with respect to that
activity; or
(B) otherwise subject to any enumerated
consumer law or any law for which authorities
are transferred under subtitle F or H, but the
Bureau may exercise such authority only with
respect to that law.
(c) Exclusion for Manufactured Home Retailers and Modular
Home Retailers.--
(1) In general.--The [Director] Bureau may not
exercise any rulemaking, supervisory, enforcement, or
other authority over a person to the extent that--
(A) such person is not described in paragraph
(2); and
(B) such person--
(i) acts as an agent or broker for a
buyer or seller of a manufactured home
or a modular home;
(ii) facilitates the purchase by a
consumer of a manufactured home or
modular home, by negotiating the
purchase price or terms of the sales
contract (other than providing
financing with respect to such
transaction); or
(iii) offers to engage in any
activity described in clause (i) or
(ii).
(2) Description of activities.--A person is described
in this paragraph to the extent that such person is
engaged in the offering or provision of any consumer
financial product or service or is otherwise subject to
any enumerated consumer law or any law for which
authorities are transferred under subtitle F or H.
(3) Definitions.--For purposes of this subsection,
the following definitions shall apply:
(A) Manufactured home.--The term
``manufactured home'' has the same meaning as
in section 603 of the National Manufactured
Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. 5402).
(B) Modular home.--The term ``modular home''
means a house built in a factory in 2 or more
modules that meet the State or local building
codes where the house will be located, and
where such modules are transported to the
building site, installed on foundations, and
completed.
(d) Exclusion for Accountants and Tax Preparers.--
(1) In general.--Except as permitted in paragraph
(2), the Bureau may not exercise any rulemaking,
supervisory, enforcement, or other authority over--
(A) any person that is a certified public
accountant, permitted to practice as a
certified public accounting firm, or certified
or licensed for such purpose by a State, or any
individual who is employed by or holds an
ownership interest with respect to a person
described in this subparagraph, when such
person is performing or offering to perform--
(i) customary and usual accounting
activities, including the provision of
accounting, tax, advisory, or other
services that are subject to the
regulatory authority of a State board
of accountancy or a Federal authority;
or
(ii) other services that are
incidental to such customary and usual
accounting activities, to the extent
that such incidental services are not
offered or provided--
(I) by the person separate
and apart from such customary
and usual accounting
activities; or
(II) to consumers who are not
receiving such customary and
usual accounting activities; or
(B) any person, other than a person described
in subparagraph (A) that performs income tax
preparation activities for consumers.
(2) Description of activities.--
(A) In general.--Paragraph (1) shall not
apply to any person described in paragraph
(1)(A) or (1)(B) to the extent that such person
is engaged in any activity which is not a
customary and usual accounting activity
described in paragraph (1)(A) or incidental
thereto but which is the offering or provision
of any consumer financial product or service,
except to the extent that a person described in
paragraph (1)(A) is engaged in an activity
which is a customary and usual accounting
activity described in paragraph (1)(A), or
incidental thereto.
(B) Not a customary and usual accounting
activity.--For purposes of this subsection,
extending or brokering credit is not a
customary and usual accounting activity, or
incidental thereto.
(C) Rule of construction.--For purposes of
subparagraphs (A) and (B), a person described
in paragraph (1)(A) shall not be deemed to be
extending credit, if such person is only
extending credit directly to a consumer,
exclusively for the purpose of enabling such
consumer to purchase services described in
clause (i) or (ii) of paragraph (1)(A) directly
from such person, and such credit is--
(i) not subject to a finance charge;
and
(ii) not payable by written agreement
in more than 4 installments.
(D) Other limitations.--Paragraph (1) does
not apply to any person described in paragraph
(1)(A) or (1)(B) that is otherwise subject to
any enumerated consumer law or any law for
which authorities are transferred under
subtitle F or H.
(e) Exclusion for Practice of Law.--
(1) In general.--Except as provided under paragraph
(2), the Bureau may not exercise any supervisory or
enforcement authority with respect to an activity
engaged in by an attorney as part of the practice of
law under the laws of a State in which the attorney is
licensed to practice law.
(2) Rule of construction.--Paragraph (1) shall not be
construed so as to limit the exercise by the Bureau of
any supervisory, enforcement, or other authority
regarding the offering or provision of a consumer
financial product or service described in any
subparagraph of section 1002(5)--
(A) that is not offered or provided as part
of, or incidental to, the practice of law,
occurring exclusively within the scope of the
attorney-client relationship; or
(B) that is otherwise offered or provided by
the attorney in question with respect to any
consumer who is not receiving legal advice or
services from the attorney in connection with
such financial product or service.
(3) Existing authority.--Paragraph (1) shall not be
construed so as to limit the authority of the Bureau
with respect to any attorney, to the extent that such
attorney is otherwise subject to any of the enumerated
consumer laws or the authorities transferred under
subtitle F or H.
(f) Exclusion for Persons Regulated by a State Insurance
Regulator.--
(1) In general.--No provision of this title shall be
construed as altering, amending, or affecting the
authority of any State insurance regulator to adopt
rules, initiate enforcement proceedings, or take any
other action with respect to a person regulated by a
State insurance regulator. Except as provided in
paragraph (2), the Bureau shall have no authority to
exercise any power to enforce this title with respect
to a person regulated by a State insurance regulator.
(2) Description of activities.--Paragraph (1) does
not apply to any person described in such paragraph to
the extent that such person is engaged in the offering
or provision of any consumer financial product or
service or is otherwise subject to any enumerated
consumer law or any law for which authorities are
transferred under subtitle F or H.
(3) State insurance authority under gramm-leach-
bliley.--Notwithstanding paragraph (2), the Bureau
shall not exercise any authorities that are granted a
State insurance authority under section 505(a)(6) of
the Gramm-Leach-Bliley Act with respect to a person
regulated by a State insurance authority.
(g) Exclusion for Employee Benefit and Compensation Plans and
Certain Other Arrangements Under the Internal Revenue Code of
1986.--
(1) Preservation of authority of other agencies.--No
provision of this title shall be construed as altering,
amending, or affecting the authority of the Secretary
of the Treasury, the Secretary of Labor, or the
Commissioner of Internal Revenue to adopt regulations,
initiate enforcement proceedings, or take any actions
with respect to any specified plan or arrangement.
(2) Activities not constituting the offering or
provision of any consumer financial product or
service.--For purposes of this title, a person shall
not be treated as having engaged in the offering or
provision of any consumer financial product or service
solely because such person is--
(A) a specified plan or arrangement;
(B) engaged in the activity of establishing
or maintaining, for the benefit of employees of
such person (or for members of an employee
organization), any specified plan or
arrangement; or
(C) engaged in the activity of establishing
or maintaining a qualified tuition program
under section 529(b)(1) of the Internal Revenue
Code of 1986 offered by a State or other
prepaid tuition program offered by a State.
(3) Limitation on bureau authority.--
(A) In general.--Except as provided under
subparagraphs (B) and (C), the Bureau may not
exercise any rulemaking or enforcement
authority with respect to products or services
that relate to any specified plan or
arrangement.
(B) Bureau action pursuant to agency
request.--
(i) Agency request.--The Secretary
and the Secretary of Labor may jointly
issue a written request to the Bureau
regarding implementation of appropriate
consumer protection standards under
this title with respect to the
provision of services relating to any
specified plan or arrangement.
(ii) Agency response.--In response to
a request by the Bureau, the Secretary
and the Secretary of Labor shall
jointly issue a written response, not
later than 90 days after receipt of
such request, to grant or deny the
request of the Bureau regarding
implementation of appropriate consumer
protection standards under this title
with respect to the provision of
services relating to any specified plan
or arrangement.
(iii) Scope of bureau action.--
Subject to a request or response
pursuant to clause (i) or clause (ii)
by the agencies made under this
subparagraph, the Bureau may exercise
rulemaking authority, and may act to
enforce a rule prescribed pursuant to
such request or response, in accordance
with the provisions of this title. A
request or response made by the
Secretary and the Secretary of Labor
under this subparagraph shall describe
the basis for, and scope of,
appropriate consumer protection
standards to be implemented under this
title with respect to the provision of
services relating to any specified plan
or arrangement.
(C) Description of products or services.--To
the extent that a person engaged in providing
products or services relating to any specified
plan or arrangement is subject to any
enumerated consumer law or any law for which
authorities are transferred under subtitle F or
H, subparagraph (A) shall not apply with
respect to that law.
(4) Specified plan or arrangement.--For purposes of
this subsection, the term ``specified plan or
arrangement'' means any plan, account, or arrangement
described in section 220, 223, 401(a), 403(a), 403(b),
408, 408A, 529, 529A, or 530 of the Internal Revenue
Code of 1986, or any employee benefit or compensation
plan or arrangement, including a plan that is subject
to title I of the Employee Retirement Income Security
Act of 1974, or any prepaid tuition program offered by
a State.
(h) Persons Regulated by a State Securities Commission.--
(1) In general.--No provision of this title shall be
construed as altering, amending, or affecting the
authority of any securities commission (or any agency
or office performing like functions) of any State to
adopt rules, initiate enforcement proceedings, or take
any other action with respect to a person regulated by
any securities commission (or any agency or office
performing like functions) of any State. Except as
permitted in paragraph (2) and subsection (f), the
Bureau shall have no authority to exercise any power to
enforce this title with respect to a person regulated
by any securities commission (or any agency or office
performing like functions) of any State, but only to
the extent that the person acts in such regulated
capacity.
(2) Description of activities.--Paragraph (1) shall
not apply to any person to the extent such person is
engaged in the offering or provision of any consumer
financial product or service, or is otherwise subject
to any enumerated consumer law or any law for which
authorities are transferred under subtitle F or H.
(i) Exclusion for Persons Regulated by the Commission.--
(1) In general.--No provision of this title may be
construed as altering, amending, or affecting the
authority of the Commission to adopt rules, initiate
enforcement proceedings, or take any other action with
respect to a person regulated by the Commission. The
Bureau shall have no authority to exercise any power to
enforce this title with respect to a person regulated
by the Commission.
(2) Consultation and coordination.--Notwithstanding
paragraph (1), the Commission shall consult and
coordinate, where feasible, with the Bureau with
respect to any rule (including any advance notice of
proposed rulemaking) regarding an investment product or
service that is the same type of product as, or that
competes directly with, a consumer financial product or
service that is subject to the jurisdiction of the
Bureau under this title or under any other law. In
carrying out this paragraph, the agencies shall
negotiate an agreement to establish procedures for such
coordination, including procedures for providing
advance notice to the Bureau when the Commission is
initiating a rulemaking.
(j) Exclusion for Persons Regulated by the Commodity Futures
Trading Commission.--
(1) In general.--No provision of this title shall be
construed as altering, amending, or affecting the
authority of the Commodity Futures Trading Commission
to adopt rules, initiate enforcement proceedings, or
take any other action with respect to a person
regulated by the Commodity Futures Trading Commission.
The Bureau shall have no authority to exercise any
power to enforce this title with respect to a person
regulated by the Commodity Futures Trading Commission.
(2) Consultation and coordination.--Notwithstanding
paragraph (1), the Commodity Futures Trading Commission
shall consult and coordinate with the Bureau with
respect to any rule (including any advance notice of
proposed rulemaking) regarding a product or service
that is the same type of product as, or that competes
directly with, a consumer financial product or service
that is subject to the jurisdiction of the Bureau under
this title or under any other law.
(k) Exclusion for Persons Regulated by the Farm Credit
Administration.--
(1) In general.--No provision of this title shall be
construed as altering, amending, or affecting the
authority of the Farm Credit Administration to adopt
rules, initiate enforcement proceedings, or take any
other action with respect to a person regulated by the
Farm Credit Administration. The Bureau shall have no
authority to exercise any power to enforce this title
with respect to a person regulated by the Farm Credit
Administration.
(2) Definition.--For purposes of this subsection, the
term ``person regulated by the Farm Credit
Administration'' means any Farm Credit System
institution that is chartered and subject to the
provisions of the Farm Credit Act of 1971 (12 U.S.C.
2001 et seq.).
(l) Exclusion for Activities Relating to Charitable
Contributions.--
(1) In general.--The [Director] Bureau and the Bureau
may not exercise any rulemaking, supervisory,
enforcement, or other authority, including authority to
order penalties, over any activities related to the
solicitation or making of voluntary contributions to a
tax-exempt organization as recognized by the Internal
Revenue Service, by any agent, volunteer, or
representative of such organizations to the extent the
organization, agent, volunteer, or representative
thereof is soliciting or providing advice, information,
education, or instruction to any donor or potential
donor relating to a contribution to the organization.
(2) Limitation.--The exclusion in paragraph (1) does
not apply to other activities not described in
paragraph (1) that are the offering or provision of any
consumer financial product or service, or are otherwise
subject to any enumerated consumer law or any law for
which authorities are transferred under subtitle F or
H.
(m) Insurance.--The Bureau may not define as a financial
product or service, by regulation or otherwise, engaging in the
business of insurance.
(n) Limited Authority of the Bureau.--Notwithstanding
subsections (a) through (h) and (l), a person subject to or
described in one or more of such provisions--
(1) may be a service provider; and
(2) may be subject to requests from, or requirements
imposed by, the Bureau regarding information in order
to carry out the responsibilities and functions of the
Bureau and in accordance with section 1022, 1052, or
1053.
(o) No Authority To Impose Usury Limit.--No provision of this
title shall be construed as conferring authority on the Bureau
to establish a usury limit applicable to an extension of credit
offered or made by a covered person to a consumer, unless
explicitly authorized by law.
(p) Attorney General.--No provision of this title, including
section 1024(c)(1), shall affect the authorities of the
Attorney General under otherwise applicable provisions of law.
(q) Secretary of the Treasury.--No provision of this title
shall affect the authorities of the Secretary, including with
respect to prescribing rules, initiating enforcement
proceedings, or taking other actions with respect to a person
that performs income tax preparation activities for consumers.
(r) Deposit Insurance and Share Insurance.--Nothing in this
title shall affect the authority of the Corporation under the
Federal Deposit Insurance Act or the National Credit Union
Administration Board under the Federal Credit Union Act as to
matters related to deposit insurance and share insurance,
respectively.
(s) Fair Housing Act.--No provision of this title shall be
construed as affecting any authority arising under the Fair
Housing Act.
* * * * * * *
Subtitle C--Specific Bureau Authorities
* * * * * * *
SEC. 1035. PRIVATE EDUCATION LOAN OMBUDSMAN.
(a) Establishment.--The Secretary, in consultation with the
[Director] Bureau, shall designate a Private Education Loan
Ombudsman (in this section referred to as the ``Ombudsman'')
within the Bureau, to provide timely assistance to borrowers of
private education loans.
(b) Public Information.--The Secretary and the [Director]
Bureau shall disseminate information about the availability and
functions of the Ombudsman to borrowers and potential
borrowers, as well as institutions of higher education,
lenders, guaranty agencies, loan servicers, and other
participants in private education student loan programs.
(c) Functions of Ombudsman.--The Ombudsman designated under
this subsection shall--
(1) in accordance with regulations of the [Director]
Bureau, receive, review, and attempt to resolve
informally complaints from borrowers of loans described
in subsection (a), including, as appropriate, attempts
to resolve such complaints in collaboration with the
Department of Education and with institutions of higher
education, lenders, guaranty agencies, loan servicers,
and other participants in private education loan
programs;
(2) not later than 90 days after the designated
transfer date, establish a memorandum of understanding
with the student loan ombudsman established under
section 141(f) of the Higher Education Act of 1965 (20
U.S.C. 1018(f)), to ensure coordination in providing
assistance to and serving borrowers seeking to resolve
complaints related to their private education or
Federal student loans;
(3) compile and analyze data on borrower complaints
regarding private education loans; and
(4) make appropriate recommendations to the
[Director] Bureau, the Secretary, the Secretary of
Education, the Committee on Banking, Housing, and Urban
Affairs and the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on
Financial Services and the Committee on Education and
Labor of the House of Representatives.
(d) Annual Reports.--
(1) In general.--The Ombudsman shall prepare an
annual report that describes the activities, and
evaluates the effectiveness of the Ombudsman during the
preceding year.
(2) Submission.--The report required by paragraph (1)
shall be submitted on the same date annually to the
Secretary, the Secretary of Education, the Committee on
Banking, Housing, and Urban Affairs and the Committee
on Health, Education, Labor, and Pensions of the Senate
and the Committee on Financial Services and the
Committee on Education and Labor of the House of
Representatives.
(e) Definitions.--For purposes of this section, the terms
``private education loan'' and ``institution of higher
education'' have the same meanings as in section 140 of the
Truth in Lending Act (15 U.S.C. 1650).
* * * * * * *
Subtitle F--Transfer of Functions and Personnel; Transitional
Provisions
* * * * * * *
[SEC. 1066. INTERIM AUTHORITY OF THE SECRETARY.
[(a) In General.--The Secretary is authorized to perform the
functions of the Bureau under this subtitle until the Director
of the Bureau is confirmed by the Senate in accordance with
section 1011.
[(b) Interim Administrative Services by the Department of the
Treasury.--The Department of the Treasury may provide
administrative services necessary to support the Bureau before
the designated transfer date.]
* * * * * * *
Subtitle G--Regulatory Improvements
* * * * * * *
SEC. 1079. REVIEW, REPORT, AND PROGRAM WITH RESPECT TO EXCHANGE
FACILITATORS.
(a) Review.--The [Director] Bureau shall review all Federal
laws and regulations relating to the protection of consumers
who use exchange facilitators for transactions primarily for
personal, family, or household purposes.
(b) Report.--Not later than 1 year after the designated
transfer date, the [Director] Bureau shall submit to Congress a
report describing--
(1) recommendations for legislation to ensure the
appropriate protection of consumers who use exchange
facilitators for transactions primarily for personal,
family, or household purposes;
(2) recommendations for updating the regulations of
Federal departments and agencies to ensure the
appropriate protection of such consumers; and
(3) recommendations for regulations to ensure the
appropriate protection of such consumers.
(c) Program.--Not later than 2 years after the date of the
submission of the report under subsection (b), the Bureau
shall, consistent with subtitle B, propose regulations or
otherwise establish a program to protect consumers who use
exchange facilitators.
(d) Exchange Facilitator Defined.--In this section, the term
``exchange facilitator'' means a person that--
(1) facilitates, for a fee, an exchange of like kind
property by entering into an agreement with a taxpayer
by which the exchange facilitator acquires from the
taxpayer the contractual rights to sell the taxpayer's
relinquished property and transfers a replacement
property to the taxpayer as a qualified intermediary
(within the meaning of Treasury Regulations section
1.1031(k)-1(g)(4)) or enters into an agreement with the
taxpayer to take title to a property as an exchange
accommodation titleholder (within the meaning of
Revenue Procedure 2000-37) or enters into an agreement
with a taxpayer to act as a qualified trustee or
qualified escrow holder (within the meaning of Treasury
Regulations section 1.1031(k)-1(g)(3));
(2) maintains an office for the purpose of soliciting
business to perform the services described in paragraph
(1); or
(3) advertises any of the services described in
paragraph (1) or solicits clients in printed
publications, direct mail, television or radio
advertisements, telephone calls, facsimile
transmissions, or other electronic communications
directed to the general public for purposes of
providing any such services.
* * * * * * *
TITLE XIV--MORTGAGE REFORM AND ANTI-PREDATORY LENDING ACT
SEC. 1400. SHORT TITLE; DESIGNATION AS ENUMERATED CONSUMER LAW.
(a) Short Title.--This title may be cited as the ``Mortgage
Reform and Anti-Predatory Lending Act''.
(b) Designation as Enumerated Consumer Law Under the Purview
of the Bureau of Consumer Financial Protection.--Subtitles A,
B, C, and E and sections 1471, 1472, 1475, and 1476, and the
amendments made by such subtitles and sections, shall be
enumerated consumer laws, as defined in section 1002, and come
under the purview of the Bureau of Consumer Financial
Protection for purposes of title X, including the transfer of
functions and personnel under subtitle F of title X and the
savings provisions of such subtitle.
(c) Regulations; Effective Date.--
(1) Regulations.--The regulations required to be
prescribed under this title or the amendments made by
this title shall--
(A) be prescribed in final form before the
end of the 18-month period beginning on the
designated transfer date; and
(B) take effect not later than 12 months
after the date of issuance of the regulations
in final form.
(2) Effective date established by rule.--Except as
provided in paragraph (3), a section, or provision
thereof, of this title shall take effect on the date on
which the final regulations implementing such section,
or provision, take effect.
(3) Effective date.--A section of this title for
which regulations have not been issued on the date that
is 18 months after the designated transfer date shall
take effect on such date.
* * * * * * *
Subtitle D--Office of Housing Counseling
* * * * * * *
SEC. 1447. DEFAULT AND FORECLOSURE DATABASE.
(a) Establishment.--The Secretary of Housing and Urban
Development and the [Director of the Bureau] Chair of the
Bureau, in consultation with the Federal agencies responsible
for regulation of banking and financial institutions involved
in residential mortgage lending and servicing, shall establish
and maintain a database of information on foreclosures and
defaults on mortgage loans for one- to four-unit residential
properties and shall make such information publicly available,
subject to subsection (e).
(b) Census Tract Data.--Information in the database may be
collected, aggregated, and made available on a census tract
basis.
(c) Requirements.--Information collected and made available
through the database shall include--
(1) the number and percentage of such mortgage loans
that are delinquent by more than 30 days;
(2) the number and percentage of such mortgage loans
that are delinquent by more than 90 days;
(3) the number and percentage of such properties that
are real estate-owned;
(4) number and percentage of such mortgage loans that
are in the foreclosure process;
(5) the number and percentage of such mortgage loans
that have an outstanding principal obligation amount
that is greater than the value of the property for
which the loan was made; and
(6) such other information as the Secretary of
Housing and Urban Development and the [Director of the
Bureau] Chair of the Bureau consider appropriate.
(d) Rule of Construction.--Nothing in this section shall be
construed to encourage discriminatory or unsound allocation of
credit or lending policies or practices.
(e) Privacy and Confidentiality.--In establishing and
maintaining the database described in subsection (a), the
Secretary of Housing and Urban Development and the [Director of
the Bureau] Chair of the Bureau shall--
(1) be subject to the standards applicable to Federal
agencies for the protection of the confidentiality of
personally identifiable information and for data
security and integrity;
(2) implement the necessary measures to conform to
the standards for data integrity and security described
in paragraph (1); and
(3) collect and make available information under this
section, in accordance with paragraphs (5) and (6) of
section 1022(c) and the rules prescribed under such
paragraphs, in order to protect privacy and
confidentiality.
* * * * * * *
----------
ELECTRONIC FUND TRANSFER ACT
Sec. 901. Short title
This title may be cited as the ``Electronic Fund Transfer
Act''.
* * * * * * *
SEC. 921. REASONABLE FEES AND RULES FOR PAYMENT CARD TRANSACTIONS.
(a) Reasonable Interchange Transaction Fees for Electronic
Debit Transactions.--
(1) Regulatory authority over interchange transaction
fees.--The Board may prescribe regulations, pursuant to
section 553 of title 5, United States Code, regarding
any interchange transaction fee that an issuer may
receive or charge with respect to an electronic debit
transaction, to implement this subsection (including
related definitions), and to prevent circumvention or
evasion of this subsection.
(2) Reasonable interchange transaction fees.--The
amount of any interchange transaction fee that an
issuer may receive or charge with respect to an
electronic debit transaction shall be reasonable and
proportional to the cost incurred by the issuer with
respect to the transaction.
(3) Rulemaking required.--
(A) In general.--The Board shall prescribe
regulations in final form not later than 9
months after the date of enactment of the
Consumer Financial Protection Act of 2010, to
establish standards for assessing whether the
amount of any interchange transaction fee
described in paragraph (2) is reasonable and
proportional to the cost incurred by the issuer
with respect to the transaction.
(B) Information collection.--The Board may
require any issuer (or agent of an issuer) or
payment card network to provide the Board with
such information as may be necessary to carry
out the provisions of this subsection and the
Board, in issuing rules under subparagraph (A)
and on at least a bi-annual basis thereafter,
shall disclose such aggregate or summary
information concerning the costs incurred, and
interchange transaction fees charged or
received, by issuers or payment card networks
in connection with the authorization, clearance
or settlement of electronic debit transactions
as the Board considers appropriate and in the
public interest.
(4) Considerations; consultation.--In prescribing
regulations under paragraph (3)(A), the Board shall--
(A) consider the functional similarity
between--
(i) electronic debit transactions;
and
(ii) checking transactions that are
required within the Federal Reserve
bank system to clear at par;
(B) distinguish between--
(i) the incremental cost incurred by
an issuer for the role of the issuer in
the authorization, clearance, or
settlement of a particular electronic
debit transaction, which cost shall be
considered under paragraph (2); and
(ii) other costs incurred by an
issuer which are not specific to a
particular electronic debit
transaction, which costs shall not be
considered under paragraph (2); and
(C) consult, as appropriate, with the
Comptroller of the Currency, the Board of
Directors of the Federal Deposit Insurance
Corporation, the Director of the Office of
Thrift Supervision, the National Credit Union
Administration Board, the Administrator of the
Small Business Administration, and the
[Director of the Bureau of Consumer Financial
Protection] Chair of the Bureau of Consumer
Financial Protection.
(5) Adjustments to interchange transaction fees for
fraud prevention costs.--
(A) Adjustments.--The Board may allow for an
adjustment to the fee amount received or
charged by an issuer under paragraph (2), if--
(i) such adjustment is reasonably
necessary to make allowance for costs
incurred by the issuer in preventing
fraud in relation to electronic debit
transactions involving that issuer; and
(ii) the issuer complies with the
fraud-related standards established by
the Board under subparagraph (B), which
standards shall--
(I) be designed to ensure
that any fraud-related
adjustment of the issuer is
limited to the amount described
in clause (i) and takes into
account any fraud-related
reimbursements (including
amounts from charge-backs)
received from consumers,
merchants, or payment card
networks in relation to
electronic debit transactions
involving the issuer; and
(II) require issuers to take
effective steps to reduce the
occurrence of, and costs from,
fraud in relation to electronic
debit transactions, including
through the development and
implementation of cost-
effective fraud prevention
technology.
(B) Rulemaking required.--
(i) In general.--The Board shall
prescribe regulations in final form not
later than 9 months after the date of
enactment of the Consumer Financial
Protection Act of 2010, to establish
standards for making adjustments under
this paragraph.
(ii) Factors for consideration.--In
issuing the standards and prescribing
regulations under this paragraph, the
Board shall consider--
(I) the nature, type, and
occurrence of fraud in
electronic debit transactions;
(II) the extent to which the
occurrence of fraud depends on
whether authorization in an
electronic debit transaction is
based on signature, PIN, or
other means;
(III) the available and
economical means by which fraud
on electronic debit
transactions may be reduced;
(IV) the fraud prevention and
data security costs expended by
each party involved in
electronic debit transactions
(including consumers, persons
who accept debit cards as a
form of payment, financial
institutions, retailers and
payment card networks);
(V) the costs of fraudulent
transactions absorbed by each
party involved in such
transactions (including
consumers, persons who accept
debit cards as a form of
payment, financial
institutions, retailers and
payment card networks);
(VI) the extent to which
interchange transaction fees
have in the past reduced or
increased incentives for
parties involved in electronic
debit transactions to reduce
fraud on such transactions; and
(VII) such other factors as
the Board considers
appropriate.
(6) Exemption for small issuers.--
(A) In general.--This subsection shall not
apply to any issuer that, together with its
affiliates, has assets of less than
$10,000,000,000, and the Board shall exempt
such issuers from regulations prescribed under
paragraph (3)(A).
(B) Definition.--For purposes of this
paragraph, the term ``issuer'' shall be limited
to the person holding the asset account that is
debited through an electronic debit
transaction.
(7) Exemption for government-administered payment
programs and reloadable prepaid cards.--
(A) In general.--This subsection shall not
apply to an interchange transaction fee charged
or received with respect to an electronic debit
transaction in which a person uses--
(i) a debit card or general-use
prepaid card that has been provided to
a person pursuant to a Federal, State
or local government-administered
payment program, in which the person
may only use the debit card or general-
use prepaid card to transfer or debit
funds, monetary value, or other assets
that have been provided pursuant to
such program; or
(ii) a plastic card, payment code, or
device that is--
(I) linked to funds, monetary
value, or assets which are
purchased or loaded on a
prepaid basis;
(II) not issued or approved
for use to access or debit any
account held by or for the
benefit of the card holder
(other than a subaccount or
other method of recording or
tracking funds purchased or
loaded on the card on a prepaid
basis);
(III) redeemable at multiple,
unaffiliated merchants or
service providers, or automated
teller machines;
(IV) used to transfer or
debit funds, monetary value, or
other assets; and
(V) reloadable and not
marketed or labeled as a gift
card or gift certificate.
(B) Exception.--Notwithstanding subparagraph
(A), after the end of the 1-year period
beginning on the effective date provided in
paragraph (9), this subsection shall apply to
an interchange transaction fee charged or
received with respect to an electronic debit
transaction described in subparagraph (A)(i) in
which a person uses a general-use prepaid card,
or an electronic debit transaction described in
subparagraph (A)(ii), if any of the following
fees may be charged to a person with respect to
the card:
(i) A fee for an overdraft, including
a shortage of funds or a transaction
processed for an amount exceeding the
account balance.
(ii) A fee imposed by the issuer for
the first withdrawal per month from an
automated teller machine that is part
of the issuer's designated automated
teller machine network.
(C) Definition.--For purposes of subparagraph
(B), the term ``designated automated teller
machine network'' means either--
(i) all automated teller machines
identified in the name of the issuer;
or
(ii) any network of automated teller
machines identified by the issuer that
provides reasonable and convenient
access to the issuer's customers.
(D) Reporting.--Beginning 12 months after the
date of enactment of the Consumer Financial
Protection Act of 2010, the Board shall
annually provide a report to the Congress
regarding --
(i) the prevalence of the use of
general-use prepaid cards in Federal,
State or local government-administered
payment programs; and
(ii) the interchange transaction fees
and cardholder fees charged with
respect to the use of such general-use
prepaid cards.
(8) Regulatory authority over network fees.--
(A) In general.--The Board may prescribe
regulations, pursuant to section 553 of title
5, United States Code, regarding any network
fee.
(B) Limitation.--The authority under
subparagraph (A) to prescribe regulations shall
be limited to regulations to ensure that--
(i) a network fee is not used to
directly or indirectly compensate an
issuer with respect to an electronic
debit transaction; and
(ii) a network fee is not used to
circumvent or evade the restrictions of
this subsection and regulations
prescribed under such subsection.
(C) Rulemaking required.--The Board shall
prescribe regulations in final form before the
end of the 9-month period beginning on the date
of the enactment of the Consumer Financial
Protection Act of 2010, to carry out the
authorities provided under subparagraph (A).
(9) Effective date.--This subsection shall take
effect at the end of the 12-month period beginning on
the date of the enactment of the Consumer Financial
Protection Act of 2010.
(b) Limitation on Payment Card Network Restrictions.--
(1) Prohibitions against exclusivity arrangements.--
(A) No exclusive network.--The Board shall,
before the end of the 1-year period beginning
on the date of the enactment of the Consumer
Financial Protection Act of 2010, prescribe
regulations providing that an issuer or payment
card network shall not directly or through any
agent, processor, or licensed member of a
payment card network, by contract, requirement,
condition, penalty, or otherwise, restrict the
number of payment card networks on which an
electronic debit transaction may be processed
to--
(i) 1 such network; or
(ii) 2 or more such networks which
are owned, controlled, or otherwise
operated by--
(I) affiliated persons; or
(II) networks affiliated with
such issuer.
(B) No routing restrictions.--The Board
shall, before the end of the 1-year period
beginning on the date of the enactment of the
Consumer Financial Protection Act of 2010,
prescribe regulations providing that an issuer
or payment card network shall not, directly or
through any agent, processor, or licensed
member of the network, by contract,
requirement, condition, penalty, or otherwise,
inhibit the ability of any person who accepts
debit cards for payments to direct the routing
of electronic debit transactions for processing
over any payment card network that may process
such transactions.
(2) Limitation on restrictions on offering discounts
for use of a form of payment.--
(A) In general.--A payment card network shall
not, directly or through any agent, processor,
or licensed member of the network, by contract,
requirement, condition, penalty, or otherwise,
inhibit the ability of any person to provide a
discount or in-kind incentive for payment by
the use of cash, checks, debit cards, or credit
cards to the extent that--
(i) in the case of a discount or in-
kind incentive for payment by the use
of debit cards, the discount or in-kind
incentive does not differentiate on the
basis of the issuer or the payment card
network;
(ii) in the case of a discount or in-
kind incentive for payment by the use
of credit cards, the discount or in-
kind incentive does not differentiate
on the basis of the issuer or the
payment card network; and
(iii) to the extent required by
Federal law and applicable State law,
such discount or in-kind incentive is
offered to all prospective buyers and
disclosed clearly and conspicuously.
(B) Lawful discounts.--For purposes of this
paragraph, the network may not penalize any
person for the providing of a discount that is
in compliance with Federal law and applicable
State law.
(3) Limitation on restrictions on setting transaction
minimums or maximums.--
(A) In general.--A payment card network shall
not, directly or through any agent, processor,
or licensed member of the network, by contract,
requirement, condition, penalty, or otherwise,
inhibit the ability--
(i) of any person to set a minimum
dollar value for the acceptance by that
person of credit cards, to the extent
that --
(I) such minimum dollar value
does not differentiate between
issuers or between payment card
networks; and
(II) such minimum dollar
value does not exceed $10.00;
or
(ii) of any Federal agency or
institution of higher education to set
a maximum dollar value for the
acceptance by that Federal agency or
institution of higher education of
credit cards, to the extent that such
maximum dollar value does not
differentiate between issuers or
between payment card networks.
(B) Increase in minimum dollar amount.--The
Board may, by regulation prescribed pursuant to
section 553 of title 5, United States Code,
increase the amount of the dollar value listed
in subparagraph (A)(i)(II).
(4) Rule of construction:.--No provision of this
subsection shall be construed to authorize any person--
(A) to discriminate between debit cards
within a payment card network on the basis of
the issuer that issued the debit card; or
(B) to discriminate between credit cards
within a payment card network on the basis of
the issuer that issued the credit card.
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Affiliate.--The term ``affiliate'' means any
company that controls, is controlled by, or is under
common control with another company.
(2) Debit card.--The term ``debit card''--
(A) means any card, or other payment code or
device, issued or approved for use through a
payment card network to debit an asset account
(regardless of the purpose for which the
account is established), whether authorization
is based on signature, PIN, or other means;
(B) includes a general-use prepaid card, as
that term is defined in section 915(a)(2)(A);
and
(C) does not include paper checks.
(3) Credit card.--The term ``credit card'' has the
same meaning as in section 103 of the Truth in Lending
Act.
(4) Discount.--The term ``discount''--
(A) means a reduction made from the price
that customers are informed is the regular
price; and
(B) does not include any means of increasing
the price that customers are informed is the
regular price.
(5) Electronic debit transaction.--The term
``electronic debit transaction'' means a transaction in
which a person uses a debit card.
(6) Federal agency.--The term ``Federal agency''
means--
(A) an agency (as defined in section 101 of
title 31, United States Code); and
(B) a Government corporation (as defined in
section 103 of title 5, United States Code).
(7) Institution of higher education.--The term
``institution of higher education'' has the same
meaning as in 101 and 102 of the Higher Education Act
of 1965 (20 U.S.C. 1001, 1002).
(8) Interchange transaction fee.--The term
``interchange transaction fee'' means any fee
established, charged or received by a payment card
network for the purpose of compensating an issuer for
its involvement in an electronic debit transaction.
(9) Issuer.--The term ``issuer'' means any person who
issues a debit card, or credit card, or the agent of
such person with respect to such card.
(10) Network fee.--The term ``network fee'' means any
fee charged and received by a payment card network with
respect to an electronic debit transaction, other than
an interchange transaction fee.
(11) Payment card network.--The term ``payment card
network'' means an entity that directly, or through
licensed members, processors, or agents, provides the
proprietary services, infrastructure, and software that
route information and data to conduct debit card or
credit card transaction authorization, clearance, and
settlement, and that a person uses in order to accept
as a form of payment a brand of debit card, credit card
or other device that may be used to carry out debit or
credit transactions.
(d) Enforcement.--
(1) In general.--Compliance with the requirements
imposed under this section shall be enforced under
section 918.
(2) Exception.--Sections 916 and 917 shall not apply
with respect to this section or the requirements
imposed pursuant to this section.
* * * * * * *
----------
EXPEDITED FUNDS AVAILABILITY ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Expedited Funds Availability
Act''.
* * * * * * *
SEC. 603. EXPEDITED FUNDS AVAILABILITY SCHEDULES.
(a) Next Business Day Availability For Certain Deposits.--
(1) Cash deposits; wire transfers.--Except as
provided in subsection (e) and in section 604, in any
case in which--
(A) any cash is deposited in an account at a
receiving depository institution staffed by
individuals employed by such institution, or
(B) funds are received by a depository
institution by wire transfer for deposit in an
account at such institution,
such cash or funds shall be available for withdrawal
not later than the business day after the business day
on which such cash is deposited or such funds are
received for deposit.
(2) Government checks; certain other checks.--Funds
deposited in an account at a depository institution by
check shall be available for withdrawal not later than
the business day after the business day on which such
funds are deposited in the case of--
(A) a check which--
(i) is drawn on the Treasury of the
United States; and
(ii) is endorsed only by the person
to whom it was issued.
(B) a check which--
(i) is drawn by a State;
(ii) is deposited in a receiving
depository institution which is located
in such State and is staffed by
individuals employed by such
institution;
(iii) is deposited with a special
deposit slip which indicates it is a
check drawn by a State; and
(iv) is endorsed only by the person
to whom it was issued;
(C) a check which--
(i) is drawn by a unit of general
local government;
(ii) is deposited in a receiving
depository institution which is located
in the same State as such unit of
general local government and is staffed
by individuals employed by such
institution;
(iii) is deposited with a special
deposit slip which indicates it is a
check drawn by a unit of general local
government; and
(iv) is endorsed only by the person
to whom it was issued;
(D) the first $200 deposited by check or
checks on any one business day;
(E) a check deposited in a branch of a
depository institution and drawn on the same or
another branch of the same depository
institution if both such branches are located
in the same State or the same check processing
region;
(F) a cashier's check, certified check,
teller's check, or depository check which--
(i) is deposited in a receiving
depository institution which is staffed
by individuals employed by such
institution;
(ii) is deposited with a special
deposit slip which indicates it is a
cashier's check, certified check,
teller's check, or depository check, as
the case may be; and
(iii) is endorsed only by the person
to whom it was issued.
(b) Permanent Schedule.--
(1) Availability of funds deposited by local
checks.--Subject to paragraph (3) of this subsection,
subsections (a)(2), (d), and (e) of this section, and
section 604, not more than 1 business day shall
intervene between the business day on which funds are
deposited in an account at a depository institution by
a check drawn on a local originating depository
institution and the business day on which the funds
involved are available for withdrawal.
(2) Availability of funds deposited by nonlocal
checks.--Subject to paragraph (3) of this subsection,
subsections (a)(2), (d), and (e) of this section, and
section 604, not more than 4 business days shall
intervene between the business day on which funds are
deposited in an account at a depository institution by
a check drawn on a nonlocal originating depository
institution and the business day on which such funds
are available for withdrawal.
(3) Time period adjustments for cash withdrawal of
certain checks.--
(A) In general.--Except as provided in
subparagraph (B), funds deposited in an account
in a depository institution by check (other
than a check described in subsection (a)(2))
shall be available for cash withdrawal not
later than the business day after the business
day on which such funds otherwise are available
under paragraph (1) or (2).
(B) 5 p.m. cash availability.--Not more than
$400 (or the maximum amount allowable in the
case of a withdrawal from an automated teller
machine but not more than $400) of funds
deposited by one or more checks to which this
paragraph applies shall be available for cash
withdrawal not later than 5 o'clock post
meridian of the business day on which such
funds are available under paragraph (1) or (2).
If funds deposited by checks described in both
paragraph (1) and paragraph (2) become
available for cash withdrawal under this
paragraph on the same business day, the
limitation contained in this subparagraph shall
apply to the aggregate amount of such funds.
(C) $200 availability.--Any amount available
for withdrawal under this paragraph shall be in
addition to the amount available under
subsection (a)(2)(D).
(4) Applicability.--This subsection shall apply with
respect to funds deposited by check in an account at a
depository institution on or after September 1, 1990,
except that the Board may, by regulation, make this
subsection or any part of this subsection applicable
earlier than September 1, 1990.
(c) Temporary Schedule.--
(1) Availability of local checks.--
(A) In general.--Subject to subparagraph (B)
of this paragraph, subsections (a)(2), (d), and
(e) of this section, and section 604, not more
than 2 business days shall intervene between
the business day on which funds are deposited
in an account at a depository institution by a
check drawn on a local originating depository
institution and the business day on which such
funds are available for withdrawal.
(B) Time period adjustment for cash
withdrawal of certain checks.--
(i) In general.--Except as provided
in clause (ii), funds deposited in an
account in a depository institution by
check drawn on a local depository
institution that is not a participant
in the same check clearinghouse
association as the receiving depository
institution (other than a check
described in subsection (a)(2)) shall
be available for cash withdrawal not
later than the business day after the
business day on which such funds
otherwise are available under
subparagraph (A).
(ii) 5 p.m. cash availability.--Not
more than $400 (or the maximum amount
allowable in the case of a withdrawal
from an automated teller machine but
not more than $400) of funds deposited
by one or more checks to which this
subparagraph applies shall be available
for cash withdrawal not later than 5
o'clock post meridian of the business
day on which such funds are available
under subparagraph (A).
(iii) $200 availability.--Any amount
available for withdrawal under this
subparagraph shall be in addition to the amount
available under subsection (a)(2)(D).
(2) Availability of nonlocal checks.--Subject to
subsections (a)(2), (d), and (e) of this section and
section 604, not more than 6 business days shall
intervene between the business day on which funds are
deposited in an account at a depository institution by
a check drawn on a nonlocal originating depository
institution and the business day on which such funds
are available for withdrawal.
(3) Applicability.--This subsection shall apply with
respect to funds deposited by check in an account at a
depository institution after August 31, 1988, and
before September 1, 1990, except as may be otherwise
provided under subsection (b)(4).
(d) Time Period Adjustments.--
(1) Reduction generally.--Notwithstanding any other
provision of law, the Board, jointly with the [Director
of the Bureau] Bureau of Consumer Financial Protection,
shall, by regulation, reduce the time periods
established under subsections (b), (c), and (e) to as
short a time as possible and equal to the period of
time achievable under the improved check clearing
system for a receiving depository institution to
reasonably expect to learn of the nonpayment of most
items for each category of checks.
(2) Extension for certain deposits in noncontiguous
states or territories.--Notwithstanding any other
provision of law, any time period established under
subsection (b), (c), or (e) shall be extended by 1
business day in the case of any deposit which is both--
(A) deposited in an account at a depository
institution which is located in Alaska, Hawaii,
Puerto Rico, American Samoa, the Commonwealth
of the Northern Mariana Islands, Guam, or the
Virgin Islands; and
(B) deposited by a check drawn on an
originating depository institution which is not
located in the same State, commonwealth, or
territory as the receiving depository
institution.
(e) Deposits at an ATM.--
(1) Nonproprietary atm.--
(A) In general.--Not more than 4 business
days shall intervene between the business day a
deposit described in subparagraph (B) is made
at a nonproprietary automated teller machine
(for deposit in an account at a depository
institution) and the business day on which
funds from such deposit are available for
withdrawal.
(B) Deposits described in this paragraph.--A
deposit is described in this subparagraph if it
is--
(i) a cash deposit;
(ii) a deposit made by a check
described in subsection (a)(2);
(iii) a deposit made by a check drawn
on a local originating depository
institution (other than a check
described in subsection (a)(2)); or
(iv) a deposit made by a check drawn
on a nonlocal originating depository
institution (other than a check
described in subsection (a)(2)).
(2) Proprietary atm--temporary and permanent
schedules.--The provisions of subsections (a), (b), and
(c) shall apply with respect to any funds deposited at
a proprietary auto- mated teller machine for deposit in
an account at a depository institution.
(3) Study and report on atm's.--The Board shall,
either directly or through the Consumer Advisory
Council, establish and maintain a dialogue with
depository institutions and their suppliers on the
computer software and hardware available for use by
automated teller machines, and shall, not later than
September 1 of each of the first 3 calendar years
beginning after the date of the enactment of this
title, report to the Congress regarding such software
and hardware and regarding the potential for improving
the processing of automated teller machine deposits.
(f) Check Return; Notice of Nonpayment.--No provision of this
section shall be construed as requiring that, with respect to
all checks deposited in a receiving depository institution--
(1) such checks be physically returned to such
depository institution; or
(2) any notice of nonpayment of any such check be
given to such depository institution within the times
set forth in subsection (a), (b), (c), or (e) or in the
regulations issued under any such subsection.
SEC. 604. SAFEGUARD EXCEPTIONS.
(a) New Accounts.--Notwithstanding section 603, in the case
of any account established at a depository institution by a new
depositor, the following provisions shall apply with respect to
any deposit in such account during the 30-day period (or such
shorter period as the Board, jointly with the [Director of the
Bureau] Bureau of Consumer Financial Protection, may establish)
beginning on the date such account is established--
(1) Next business day availability of cash and
certain items.--Except as provided in paragraph (3), in
the case of--
(A) any cash deposited in such account;
(B) any funds received by such depository
institution by wire transfer for deposit in
such account;
(C) any funds deposited in such account by
cashier's check, certified check, teller's
check, depository check, or traveler's check;
and
(D) any funds deposited by a government check
which is described in subparagraph (A), (B), or
(C) of section 603(a)(2),
such cash or funds shall be available for withdrawal on
the business day after the business day on which such
cash or funds are deposited or, in the case of a wire
transfer, on the business day after the business day on
which such funds are received for deposit.
(2) Availability of other items.--In the case of any
funds deposited in such account by a check (other than
a check described in subparagraph (C) or (D) of
paragraph (1)), the availability for withdrawal of such
funds shall not be subject to the provisions of section
603(b), 603(c), or paragraphs (1) of section 603(e).
(3) Limitation relating to certain checks in excess
of $5,000.--In the case of funds deposited in such
account during such period by checks described in
subparagraph (C) or (D) of paragraph (1) the aggregate
amount of which exceeds $5,000--
(A) paragraph (1) shall apply only with
respect to the first $5,000 of such aggregate
amount; and
(B) not more than 8 business days shall
intervene between the business day on which any
such funds are deposited and the business day
on which such excess amount shall be available
for withdrawal.
(b) Large or Redeposited Checks; Repeated Overdrafts.--The
Board, jointly with the [Director of the Bureau] Bureau of
Consumer Financial Protection, may, by regulation, establish
reasonable exceptions to any time limitation established under
subsection (a)(2), (b), (c), or (e) of section 603 for--
(1) the amount of deposits by one or more checks that
exceeds the amount of $5,000 in any one day;
(2) checks that have been returned unpaid and
redeposited; and
(3) deposit accounts which have been overdrawn
repeatedly.
(c) Reasonable Cause Exception.--
(1) In general.--In accordance with regulations which
the Board, jointly with the [Director of the Bureau]
Bureau of Consumer Financial Protection, shall
prescribe, subsections (a)(2), (b), (c), and (e) of
section 603 shall not apply with respect to any check
deposited in an account at a depository institution if
the receiving depository institution has reasonable
cause to believe that the check is uncollectible from
the originating depository institution. For purposes of
the preceding sentence, reasonable cause to believe
requires the existence of facts which would cause a
well-grounded belief in the mind of a reasonable
person. Such reasons shall be included in the notice
required under sub- section (f).
(2) Basis for determination.--No determination under
this subsection may be based on any class of checks or
persons.
(3) Overdraft fees.--If the receiving depository
institution determines that a check deposited in an
account is a check described in paragraph (1), the
receiving depository institution shall not assess any
fee for any subsequent overdraft with respect to such
account, if--
(A) the depositor was not provided with the
written notice required under subsection (f)
(with respect to such determination) at the
time the deposit was made;
(B) the overdraft would not have occurred but
for the fact that the funds so deposited are
not available; and
(C) the amount of the check is collected from
the originating depository institution.
(4) Compliance.--Each agency referred to in section
610(a) shall monitor compliance with the requirements
of this subsection in each regular examination of a
depository institution and shall describe in each
report to the Congress the extent to which this
subsection is being complied with. For the purpose of
this paragraph, each depository institution shall
retain a record of each notice provided under
subsection (f) as a result of the application of this
subsection.
(d) Emergency Conditions.--Subject to such regulations as the
Board, jointly with the [Director of the Bureau] Bureau of
Consumer Financial Protection, may prescribe, subsections
(a)(2), (b), (c), and (e) of section 603 shall not apply to
funds deposited by check in any receiving depository
institution in the case of--
(1) any interruption of communication facilities;
(2) suspension of payments by another depository
institution;
(3) any war; or
(4) any emergency condition beyond the control of the
receiving depository institution,
if the receiving depository institution exercises such
diligence as the circumstances require.
(e) Prevention of Fraud Losses.--
(1) In general.--The Board, jointly with the
[Director of the Bureau] Bureau of Consumer Financial
Protection, may, by regulation or order, suspend the
applicability of this title, or any portion thereof, to
any classification of checks if the Board, jointly with
the [Director of the Bureau] Bureau of Consumer
Financial Protection, determines that--
(A) depository institutions are experiencing
an unacceptable level of losses due to check-
related fraud, and
(B) suspension of this title, or such portion
of this title, with regard to the
classification of checks involved in such fraud
is necessary to diminish the volume of such
fraud.
(2) Sunset provision.--No regulation prescribed or
order issued under paragraph (1) shall remain in effect
for more than 45 days (excluding Saturdays, Sundays,
legal holidays, or any day either House of Congress is
not in session).
(3) Report to congress.--
(A) Notice of each suspension.--Within 10
days of prescribing any regulation or issuing
any order under paragraph (1), the Board,
jointly with the [Director of the Bureau]
Bureau of Consumer Financial Protection, shall
transmit a report of such action to the
Committee on Banking, Finance and Urban Affairs
of the House of Representatives and the
Committee on Banking, Housing, and Urban
Affairs of the Senate.
(B) Contents of report.--Each report under
subparagraph (A) shall contain--
(i) the specific reason for
prescribing the regulation or issuing
the order;
(ii) evidence considered by the
Board, jointly with the [Director of
the Bureau] Bureau of Consumer
Financial Protection, in making the
determination under paragraph (1) with
respect to such regulation or order;
and
(iii) specific examples of the check-
related fraud giving rise to such
regulation or order.
(f) Notice of Exception; Availability Within Reasonable
Time.--
(1) In general.--If any exception contained in this
section (other than subsection (a)) applies with
respect to funds deposited in an account at a
depository institution--
(A) the depository institution shall provide
notice in the manner provided in paragraph (2)
of--
(i) the time period within which the
funds shall be made available for
withdrawal; and
(ii) the reason the exception was
invoked; and
(B) except where other time periods are
specifically provided in this title, the
availability of the funds deposited shall be
governed by the policy of the receiving
depository institution, but shall not exceed a
reasonable period of time as determined by the
Board, jointly with the [Director of the
Bureau] Bureau of Consumer Financial
Protection.
(2) Time for notice.--The notice required under
paragraph (1)(A) with respect to a deposit to which an
exception contained in this section applies shall be
made by the time provided in the following
subparagraphs:
(A) In the case of a deposit made in person
by the depositor at the receiving depository
institution, the depository institution shall
immediately provide such notice in writing to
the depositor.
(B) In the case of any other deposit (other
than a deposit described in subparagraph (C)),
the receiving depository institution shall mail
the notice to the depositor not later than the
close of the next business day following the
business day on which the deposit is received.
(C) In the case of a deposit to which
subsection (d) or (e) applies, notice shall be
provided by the depository institution in
accordance with regulations of the Board,
jointly with the [Director of the Bureau]
Bureau of Consumer Financial Protection.
(D) In the case of a deposit to which
subsection (b)(1) or (b)(2) applies, the
depository institution may, for nonconsumer
accounts and other classes of accounts, as
defined by the Board, that generally have a
large number of such deposits, provide notice
at or before the time it first determines that
the subsection applies.
(E) In the case of a deposit to which
subsection (b)(3) applies, the depository
institution may, subject to regulations of the
Board, provide notice at the beginning of each
time period it determines that the subsection
applies. In addition to the requirements
contained in paragraph (1)(A), the notice shall
specify the time period for which the exception
will apply.
(3) Subsequent determinations.--If the facts upon
which the determination of the applicability of an
exception contained in subsection (b) or (c) to any
deposit only become known to the receiving depository
institution after the time notice is required under
paragraph (2) with respect to such deposit, the
depository institution shall mail such notice to the
depositor as soon as practicable, but not later than
the first business day following the day such facts
become known to the depository institution.
SEC. 605. DISCLOSURE OF FUNDS AVAILABILITY
POLICIES.
(a) Notice for New Accounts.--Before an account is opened at
a depository institution, the depository institution shall
provide written notice to the potential customer of the
specific policy of such depository institution with respect to
when a customer may withdraw funds deposited into the
customer's account.
(b) Preprinted Deposit Slips.--All preprinted deposit slips
that a depository institution furnishes to its customers shall
contain a summary notice, as prescribed by the Board, jointly
with the [Director of the Bureau] Bureau of Consumer Financial
Protection, in regulations, that deposited items may not be
available for immediate withdrawal.
(c) Mailing of Notice.--
(1) First mailing after enactment.--In the first
regularly scheduled mailing to customers occurring
after the effective date of this section, but not more
than 60 days after such effective date, each depository
institution shall send a written notice containing the
specific policy of such depository institution with
respect to when a customer may withdraw funds deposited
into such customer's account, unless the depository
institution has provided a disclosure which meets the
requirements of this section before such effective
date.
(2) Subsequent changes.--A depository institution
shall send a written notice to customers at least 30
days before implementing any change to the depository
institution's policy with respect to when customers may
withdraw funds deposited into consumer accounts, except
that any change which expedites the availability of
such funds shall be disclosed not later than 30 days
after implementation.
(3) Upon request.--Upon the request of any person, a
depository institution shall provide or send such
person a written notice containing the specific policy
of such depository institution with respect to when a
customer may withdraw funds deposited into a customer's
account.
(d) Posting of Notice.--
(1) Specific notice at manned teller stations.--Each
depository institution shall post, in a conspicuous
place in each location where deposits are accepted by
individuals employed by such depository institution, a
specific notice which describes the time periods
applicable to the availability of funds deposited in a
consumer account.
(2) General notice at automated teller machines.--In
the case of any automated teller machine at which any
funds are received for deposit in an account at any
depository institution, the Board, jointly with the
[Director of the Bureau] Bureau of Consumer Financial
Protection, shall prescribe, by regulations, that the
owner or operator of such automated teller machine
shall post or provide a general notice that funds
deposited in such machine may not be immediately
available for withdrawal.
(e) Notice of Interest Payment Policy.--If a depository
institution described in section 606(b) begins the accrual of
interest or dividends at a later date than the date described
in section 606(a) with respect to all funds, including cash,
deposited in an interest-bearing account at such depository
institution, any notice required to be provided under
subsections (a) and (c) shall contain a written description of
the time at which such depository institution begins to accrue
interest or dividends on such funds.
(f) Model Disclosure Forms.--
(1) Prepared by board and bureau.--The Board, jointly
with the [Director of the Bureau] Bureau of Consumer
Financial Protection, shall publish model disclosure
forms and clauses for common transactions to facilitate
compliance with the disclosure requirements of this
section and to aid customers by utilizing readily
understandable language.
(2) Use of forms to achieve compliance.--A depository
institution shall be deemed to be in compliance with
the requirements of this section if such institution--
(A) uses any appropriate model form or clause
as published by the Board, jointly with the
[Director of the Bureau] Bureau of Consumer
Financial Protection,, or
(B) uses any such model form or clause and
changes such form or clause by--
(i) deleting any information which is
not required by this title; or
(ii) rearranging the format.
(3) Voluntary use.--Nothing in this title requires
the use of any such model form or clause prescribed by
the Board, jointly with the [Director of the Bureau]
Bureau of Consumer Financial Protection, under this
subsection.
(4) Notice and comment.--Model disclosure forms and
clauses shall be adopted by the Board, jointly with the
[Director of the Bureau] Bureau of Consumer Financial
Protection, only after notice duly given in the Federal
Register and an opportunity for public comment in
accordance with section 553 of title 5, United States
Code.
* * * * * * *
SEC. 609. REGULATIONS AND REPORTS BY BOARD.
(a) In General.--After notice and opportunity to submit
comment in accordance with section 553(c) of title 5, United
States Code, the Board, jointly with the [Director of the
Bureau] Bureau of Consumer Financial Protection, shall
prescribe regulations--
(1) to carry out the provisions of this title;
(2) to prevent the circumvention or evasion of such
provisions; and
(3) to facilitate compliance with such provisions.
(b) Regulations Relating to Improvement of Check Processing
System.--In order to improve the check processing system, the
Board shall consider (among other proposals) requiring, by
regulation, that--
(1) depository institutions be charged based upon
notification that a check or similar instrument will be
presented for payment;
(2) the Federal Reserve banks and depository
institutions provide for check truncation;
(3) depository institutions be provided incentives to
return items promptly to the depository institution of
first deposit;
(4) the Federal Reserve banks and depository
institutions take such actions as are necessary to
automate the process of returning unpaid checks,
(5) each depository institution and Federal Reserve
bank--
(A) place its endorsement, and other
notations specified in regulations of the
Board, on checks in the positions specified in
such regulations; and
(B) take such actions as are necessary to--
(i) automate the process of reading
endorsements; and
(ii) eliminate unnecessary
endorsements;
(6) within one business day after an originating
depository institution is presented a check (for more
than such minimum amount as the Board may prescribe)--
(A) such originating depository institution
determine whether it will pay such check; and
(B) if such originating depository
institution determines that it will not pay
such check, such originating depository
institution directly notify the receiving
depository institution of such determination;
(7) regardless of where a check is cleared initially,
all returned checks be eligible to be returned through
the Federal Reserve System;
(8) Federal Reserve banks and depository institutions
participate in the development and implementation of an
electronic clearinghouse process to the extent the
Board determines, pursuant to the study under
subsection (f), that such a process is feasible; and
(9) originating depository institutions be permitted
to return unpaid checks directly to, and obtain
reimbursement for such checks directly from, the
receiving depository institution.
(c) Regulatory Responsibility of Board for Payment System.--
(1) Responsibility for payment system.--In order to
carry out the provisions of this title, the Board of
Governors of the Federal Reserve System shall have the
responsibility to regulate--
(A) any aspect of the payment system,
including the receipt, payment, collection, or
clearing of checks; and
(B) any related function of the payment
system with respect to checks.
(2) Regulations.--The Board shall prescribe such
regulations as it may determine to be appropriate to
carry out its responsibility under paragraph (1).
(d) Reports.--
(1) Implementation progress reports.--
(A) Required reports.--The Board shall
transmit a report to both Houses of the
Congress not later than 18, 30, and 48 months
after the date of the enactment of this title.
(B) Contents of report.--Each such report
shall describe--
(i) the actions taken and progress
made by the Board to implement the
schedules established in section 603,
and
(ii) the impact of this title on
consumers and depository institutions.
(2) Evaluation of temporary schedule report.--
(A) Report required.--The Board shall
transmit a report to both Houses of the
Congress not later than 2 years after the date
of the enactment of this title regarding the
effects the temporary schedule established
under section 603(c) have had on depository
institutions and the public.
(B) Contents of report.--Such report shall
also assess the potential impact the
implementation of the schedule established in
section 603(b) will have on depository
institutions and the public, including an
estimate of the risks to and losses of
depository institutions and the benefits to
consumers. Such report shall also contain such
recommendations for legislative or
administrative action as the Board may
determine to be necessary.
(3) Comptroller general evaluation report.--Not later
than 6 months after section 603(b) takes effect, the
Comptroller General of the United States shall transmit
a report to the Congress evaluating the implementation
and administration of this title.
(e) Consultations.--In prescribing regulations under
subsections (a) and (b), the Board and the [Director of the
Bureau] Bureau of Consumer Financial Protection, in the case of
subsection (a), and the Board, in the case of subsection (b),
shall consult with the Comptroller of the Currency, the Board
of Directors of the Federal Deposit Insurance Corporation, and
the National Credit Union Administration Board.
(f) Electronic Clearinghouse Study.--
(1) Study required.--The Board shall study the
feasibility of modernizing and accelerating the check
payment system through the development of an electronic
clearinghouse process utilizing existing
telecommunications technology to avoid the necessity of
actual presentment of the paper instrument to a payor
institution before such institution is charged for the
item.
(2) Consultation; factors to be studied.--In
connection with the study required under paragraph (1),
the Board shall--
(A) consult with appropriate experts in
telecommunications technology; and
(B) consider all practical and legal
impediments to the development of an electronic
clearinghouse process.
(3) Report required.--The Board shall report its
conclusions to the Congress within 9 months of the date
of the enactment of this title.
* * * * * * *
----------
FEDERAL DEPOSIT INSURANCE ACT
* * * * * * *
SEC. 2. MANAGEMENT.
(a) Board of Directors.--
(1) In general.--The management of the Corporation
shall be vested in a Board of Directors consisting of 5
members--
(A) 1 of whom shall be the Comptroller of the
Currency;
(B) 1 of whom shall be the [Director of the
Consumer Financial Protection Bureau] Chair of
the Bureau of Consumer Financial Protection;
and
(C) 3 of whom shall be appointed by the
President, by and with the advice and consent
of the Senate, from among individuals who are
citizens of the United States, 1 of whom shall
have State bank supervisory experience.
(2) Political affiliation.--After February 28, 1993,
not more than 3 of the members of the Board of
Directors may be members of the same political party.
(b) Chairperson and Vice Chairperson.--
(1) Chairperson.--1 of the appointed members shall be
designated by the President, by and with the advice and
consent of the Senate, to serve as Chairperson of the
Board of Directors for a term of 5 years.
(2) Vice chairperson.--1 of the appointed members
shall be designated by the President, by and with the
advice and consent of the Senate, to serve as Vice
Chairperson of the Board of Directors.
(3) Acting chairperson.--In the event of a vacancy in
the position of Chairperson of the Board of Directors
or during the absence or disability of the Chairperson,
the Vice Chairperson shall act as Chairperson.
(c) Terms.--
(1) Appointed members.--Each appointed member shall
be appointed for a term of 6 years.
(2) Interim appointments.--Any member appointed to
fill a vacancy occurring before the expiration of the
term for which such member's predecessor was appointed
shall be appointed only for the remainder of such term.
(3) Continuation of service.--The Chairperson, Vice
Chairperson, and each appointed member may continue to
serve after the expiration of the term of office to
which such member was appointed until a successor has
been appointed and qualified.
(d) Vacancy.--
(1) In general.--Any vacancy on the Board of
Directors shall be filled in the manner in which the
original appointment was made.
(2) Acting officials may serve.--In the event of a
vacancy in the office of the Comptroller of the
Currency or the office of [Director of the Consumer
Financial Protection Bureau] Chair of the Bureau of
Consumer Financial Protection and pending the
appointment of a successor, or during the absence or
disability of the Comptroller of the Currency or the
[Director of the Consumer Financial Protection Bureau]
Chair of the Bureau of Consumer Financial Protection,
the acting Comptroller of the Currency or the acting
[Director of the Consumer Financial Protection Bureau]
Chair of the Bureau of Consumer Financial Protection,
as the case may be, shall be a member of the Board of
Directors in the place of the Comptroller or Director.
(e) Ineligibility for Other Offices.--
(1) Postservice restriction.--
(A) In general.--No member of the Board of
Directors may hold any office, position, or
employment in any insured depository
institution or any depository institution
holding company during--
(i) the time such member is in
office; and
(ii) the 2-year period beginning on
the date such member ceases to serve on
the Board of Directors.
(B) Exception for members who serve full
term.--The limitation contained in subparagraph
(A)(ii) shall not apply to any member who has
ceased to serve on the Board of Directors after
serving the full term for which such member was
appointed.
(2) Restriction during service.--No member of the
Board of Directors may--
(A) be an officer or director of any insured
depository institution, depository institution
holding company, Federal Reserve bank, or
Federal home loan bank; or
(B) hold stock in any insured depository
institution or depository institution holding
company.
(3) Certification.--Upon taking office, each member
of the Board of Directors shall certify under oath that
such member has complied with this subsection and such
certification shall be filed with the secretary of the
Board of Directors.
(f) Status of Employees.--
(1) In general.--A director, member, officer, or
employee of the Corporation has no liability under the
Securities Act of 1933 with respect to any claim
arising out of or resulting from any act or omission by
such person within the scope of such person's
employment in connection with any transaction involving
the disposition of assets (or any interests in any
assets or any obligations backed by any assets) by the
Corporation. This subsection shall not be construed to
limit personal liability for criminal acts or
omissions, willful or malicious misconduct, acts or
omissions for private gain, or any other acts or
omissions outside the scope of such person's
employment.
(2) Definition.--For purposes of this subsection, the
term ``employee of the Corporation'' includes any
employee of the Office of the Comptroller of the
Currency or of the Consumer Financial Protection Bureau
who serves as a deputy or assistant to a member of the
Board of Directors of the Corporation in connection
with activities of the Corporation.
(3) Effect on other law.--This subsection does not
affect--
(A) any other immunities and protections that
may be available to such person under
applicable law with respect to such
transactions, or
(B) any other right or remedy against the
Corporation, against the United States under
applicable law, or against any person other
than a person described in paragraph (1)
participating in such transactions.
This subsection shall not be construed to limit or
alter in any way the immunities that are available
under applicable law for Federal officials and
employees not described in this subsection.
* * * * * * *
----------
FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL ACT OF 1978
* * * * * * *
TITLE X--FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL
* * * * * * *
establishment of the council
Sec. 1004. (a) There is established the Financial
Institutions Examination Council which shall consist of--
(1) the Comptroller of the Currency,
(2) the Chairman of the Board of Directors of the
Federal Deposit Insurance Corporation,
(3) a Governor of the Board of Governors of the
Federal Reserve System designated by the Chairman of
the Board,
(4) the [Director of the Consumer Financial
Protection Bureau] Chair of the Bureau of Consumer
Financial Protection,
(5) the Chairman of the National Credit Union
Administration Board, and
(6) the Chairman of the State Liaison Committee.
(b) The members of the Council shall select the first
chairman of the Council. Thereafter the chairmanship shall
rotate among the members of the Council.
(c) The term of the Chairman of the Council shall be two
years.
(d) The members of the Council may, from time to time,
designate other officers or employees of their respective
agencies to carry out their duties on the Council.
(e) Each member of the Council shall serve without additional
compensation but shall be entitled to reasonable expenses
incurred in carrying out his official duties a such a member.
* * * * * * *
----------
FINANCIAL LITERACY AND EDUCATION IMPROVEMENT ACT
* * * * * * *
TITLE V--FINANCIAL LITERACY AND EDUCATION IMPROVEMENT
* * * * * * *
SEC. 513. ESTABLISHMENT OF FINANCIAL LITERACY AND EDUCATION COMMISSION.
(a) In General.--There is established a commission to be
known as the ``Financial Literacy and Education Commission''.
(b) Purpose.--The Commission shall serve to improve the
financial literacy and education of persons in the United
States through development of a national strategy to promote
financial literacy and education.
(c) Membership.--
(1) Composition.--The Commission shall be composed
of--
(A) the Secretary of the Treasury;
(B) the respective head of each of the
Federal banking agencies (as defined in section
3 of the Federal Deposit Insurance Act), the
National Credit Union Administration, the
Securities and Exchange Commission, each of the
Departments of Education, Agriculture, Defense,
Health and Human Services, Housing and Urban
Development, Labor, and Veterans Affairs, the
Federal Trade Commission, the General Services
Administration, the Small Business
Administration, the Social Security
Administration, the Commodity Futures Trading
Commission, and the Office of Personnel
Management;
(C) the [Director] Chair of the Bureau of
Consumer Financial Protection; and
(D) at the discretion of the President, not
more than 5 individuals appointed by the
President from among the administrative heads
of any other Federal agencies, departments, or
other Federal Government entities, whom the
President determines to be engaged in a serious
effort to improve financial literacy and
education.
(2) Alternates.--Each member of the Commission may
designate an alternate if the member is unable to
attend a meeting of the Commission. Such alternate
shall be an individual who exercises significant
decisionmaking authority.
(d) Chairperson.--The Secretary of the Treasury shall serve
as the Chairperson. The [Director] Chair of the Bureau of
Consumer Financial Protection shall serve as the Vice Chairman.
(e) Meetings.--The Commission shall hold, at the call of the
Chairperson, at least 1 meeting every 4 months. All such
meetings shall be open to the public. The Commission may hold,
at the call of the Chairperson, such other meetings as the
Chairperson sees fit to carry out this title.
(f) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Initial Meeting.--The Commission shall hold its first
meeting not later than 60 days after the date of enactment of
this Act.
* * * * * * *
----------
HOME MORTGAGE DISCLOSURE ACT OF 1975
TITLE III--HOME MORTGAGE DISCLOSURE
* * * * * * *
SEC. 307. COMPLIANCE IMPROVEMENT METHODS.
(a) In General.--
(1) Consultation required.--The [Director of the
Bureau of Consumer Financial Protection] Bureau of
Consumer Financial Protection, with the assistance of
the Secretary, the Director of the Bureau of the
Census, the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, and
such other persons as the Bureau deems appropriate,
shall develop or assist in the improvement of, methods
of matching addresses and census tracts to facilitate
compliance by depository institutions in as economical
a manner as possible with the requirements of this
title.
(2) Authorization of appropriations.--There are
authorized to be appropriated, such sums as may be
necessary to carry out this subsection.
(3) Contracting authority.--The [Director of the
Bureau of Consumer Financial Protection] Bureau of
Consumer Financial Protection is authorized to utilize,
contract with, act through, or compensate any person or
agency in order to carry out this subsection.
(b) Recommendations to Congress.--The [Director of the Bureau
of Consumer Financial Protection] Bureau of Consumer Financial
Protection shall recommend to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives, such
additional legislation as the [Director of the Bureau of
Consumer Financial Protection] Bureau of Consumer Financial
Protection deems appropriate to carry out the purpose of this
title.
* * * * * * *
----------
INTERSTATE LAND SALES FULL DISCLOSURE ACT
* * * * * * *
TITLE XIV--INTERSTATE LAND SALES
short title
Sec. 1401. This title may be cited as the ``Interstate Land
Sales Full Disclosure Act.''
definitions
Sec. 1402. For the purposes of this title, the term--
[(1) ``Director'' means the Director of the Bureau of
Consumer Financial Protection;]
[(2)] (1) ``person'' means an individual, or an
unincorporated organization, partnership, association,
corporation, trust, or estate;
[(3)] (2) ``subdivision'' means any land which is
located in any State or in a foreign country and is
divided or is proposed to be divided into lots, whether
contiguous or not, for the purpose of sale or lease as
part of a common promotional plan;
[(4)] (3) ``common promotional plan'' means a plan,
undertaken by a single developer or a group of
developers acting in concert, to offer lots for sale or
lease; where such land is offered for sale by such a
developer or group of developers acting in concert, and
such land is contiguous or is known, designated, or
advertised as a common unit or by a common name, such
land shall be presumed, without regard to the number of
lots covered by each individual offering, as being
offered for sale or lease as part of a common
promotional plan;
[(5)] (4) ``developer'' means any person who,
directly or indirectly, sells or leases, or offers to
sell or lease, or advertises for sale or lease any lots
in a subdivision;
[(6)] (5) ``agent'' means any person who represents,
or acts for or on behalf of, a developer in selling or
leasing, or offering to sell or lease, any lot or lots
in a subdivision; but shall not include an attorney at
law whose representation or another person consists
solely of rendering legal services;
[(7)] (6) ``blanket encumbrance'' means a trust deed,
mortgage, judgment, or any other lien or encumbrance,
including an option or contract to sell or a trust
agreement, affecting a subdivision or affecting more
than one lot offered within a subdivision, except that
such term shall not include any lien or other
encumbrance arising as the result of the imposition of
any tax assessment by any public authority;
[(8)] (7) ``interstate commerce'' means trade or
commerce among the several states or between any
foreign country and any state;
[(9)] (8) ``State'' includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico,
and the territories and possessions of the United
States;
[(10)] (9) ``purchaser'' means an actual or
prospective purchaser or lessee of any lot in a
subdivision;
[(11)] (10) ``offer'' includes any inducement,
solicitation, or attempt to encourage a person to
acquire a lot in a subdivision; and
[(12)] (11) ``Bureau'' means the Bureau of Consumer
Financial Protection.
exemptions
Sec. 1403. (a) Unless the method of disposition is adopted
for the purpose of evasion of this title, the provisions of
this title shall not apply to--
(1) the sale or lease of lots in a subdivision
containing less than twenty-five lots;
(2) the sale or lease of any improved land on which
there is a residential, commercial, condominium, or
industrial building, or the sale or lease of land under
a contract obligating the seller or lessor to erect
such a building thereon within a period of two years;
(3) the sale of evidences of indebtedness secured by
a mortgage or deed of trust on real estate;
(4) the sale of securities issued by a real estate
investment trust;
(5) the sale or lease of real estate by any
government or government agency;
(6) the sale or lease of cemetery lots;
(7) the sale or lease of lots to any person who
acquires such lots for the purpose of engaging in the
business of constructing residential, commercial, or
industrial buildings or for the purpose of resale or
lease of such lots to persons engaged in such business;
or
(8) the sale or lease of real estate which is zoned
by the appropriate governmental authority for
industrial or commercial development or which is
restricted to such use by a declaration of covenants,
conditions, and restrictions which has been recorded in
the official records of the city or county in which
such real estate is located, when--
(A) local authorities have approved access
from such real estate to a public street or
highway;
(B) the purchaser or lessee of such real
estate is a duly organized corporation,
partnership, trust, or business entity engaged
in commercial or industrial business;
(C) the purchaser or lessee of such real
estate is represented in the transaction of
sale or lease by a representative of its own
selection;
(D) the purchaser or lessee of such real
estate affirms in writing to the seller or
lessor that it either (i) is purchasing or
leasing such real estate substantially for its
own use, or (ii) has a binding commitment to
sell, lease, or sublease such real estate to an
entity which meets the requirements of
subparagraph (B), is engaged in commercial or
industrial business, and is not affiliated with
the seller, lessor, or agent thereof; and
(E) a policy of title insurance or a title
opinion is issued in connection with the
transaction showing that title to the real
estate purchased or leased is vested in the
seller or lessor, subject only to such
exceptions as may be approved in writing by
such purchaser or the lessee prior to
recordation of the instrument of conveyance or
execution of the lease, but (i) nothing herein
shall be construed as requiring the recordation
of a lease, and (ii) any purchaser or lessee
may waive, in writing in a separate document,
the requirement of this subparagraph that a
policy of title insurance or title opinion be
issued in connection with the transaction.
(b) Unless the method of disposition is adopted for the
purpose of evasion of this title, the provisions requiring
registration and disclosure (as specified in section 1404(a)(1)
and sections 1405 through 1408) shall not apply to--
(1) the sale or lease of lots in a subdivision
containing fewer than one hundred lots which are not
exempt under subsection (a);
(2) the sale or lease of lots in a subdivision if,
within the twelve-month period commencing on the date
of the first sale or lease of a lot in such subdivision
after the effective date of this subsection or on such
other date within that twelve-month period as the
[Director] Bureau may prescribe, not more than twelve
lots are sold or leased, and the sale or lease of the
first twelve lots in such subdivision in any subsequent
twelve-month period, if not more than twelve lots have
been sold or leased in any preceding twelve-month
period after the effective date of this subsection;
(3) the sale or lease of lots in a subdivision if
each noncontiguous part of such subdivision contains
not more than twenty lots, and if the purchaser or
lessee (or spouse thereof) has made a personal, on-the-
lot inspection of the lot purchased or leased, prior to
signing of the contract or agreement to purchase or
lease;
(4) the sale or lease of lots in a subdivision in
which each of the lots is at least twenty acres
(inclusive of easements for ingress and egress or
public utilities);
(5) the sale or lease of a lot which is located
within a municipality or county where a unit of local
government specifies minimum standards for the
development of subdivision lots taking place within its
boundaries, when--
(A)(i) the subdivision meets all local codes
and standards, and (ii) each lot is either
zoned for single family residences or, in the
absence of a zoning ordinance, is limited
exclusively to single family residences;
(B)(i) the lot is situated on a paved street
or highway which has been built to standards
applicable to streets and highways maintained
by the unit of local government in which the
subdivision is located and is acceptable to
such unit, or, where such street or highway is
not complete, a bond or other surety acceptable
to the municipality or county in the full
amount of the cost of completing such street or
highway has been posted to assure completion to
such standards, and (ii) the unit of local
government or a homeowners association has
accepted or is obligated to accept the
responsibility of maintaining such street or
highway, except that, in any case in which a
homeowners association has accepted or is
obligated to accept such responsibility, a good
faith written estimate of the cost of carrying
out such responsibility over the first ten
years of ownership or lease is provided to the
purchaser or lessee prior to the signing of the
contract or agreement to purchase or lease;
(C) at the time of closing, potable water,
sanitary sewage disposal, and electricity have
been extended to the lot or the unit of local
government is obligated to install such
facilities within one hundred and eighty days,
and, for subdivisions which do not have a
central water or sewage disposal system, rather
than installation of water or sewer facilities,
there must be assurances that an adequate
potable water supply is available year-round
and that the lot is approved for the
installation of a septic tank;
(D) the contract of sale requires delivery of
a warranty deed (or, where such deed is not
commonly used in the jurisdiction where the lot
is located, a deed or grant which warrants that
the grantor has not conveyed the lot to another
person and that the lot is free from
encumbrances made by the grantor or any other
person claiming by, through, or under him) to
the purchaser within one hundred and eighty
days after the signing of the sales contract;
(E) at the time of closing, a title insurance
binder or a title opinion reflecting the
condition of the title shall be in existence
and issued or presented to the purchaser or
lessee showing that, subject only to such
exceptions as may be approved in writing by the
purchaser or lessee at the time of closing,
marketable title to the lot is vested in the
seller or lessor;
(F) the purchaser or lessee (or spouse
thereof) has made a personal, on-the-lot
inspection of the lot purchased or leased,
prior to signing of the contract or agreement
to purchase or lease; and
(G) there are no offers, by direct mail or
telephone solicitation, of gifts, trips,
dinners, or other such promotional techniques
to induce prospective purchasers or lessees to
visit the subdivision or to purchase or lease a
lot;
(6) the sale or lease of a lot, if a mobile home is
to be erected or placed thereon as a residence, where
the lot is sold as a homesite by one party and the home
by another, under contracts that obligate such sellers
to perform, contingent upon the other seller carrying
out its obligations so that a completed mobile home
will be erected or placed on the completed homesite
within a period of two years, and provide for all funds
received by the sellers to be deposited in escrow
accounts (controlled by parties independent of the
sellers) until the transactions are completed, and
further provide that such funds shall be released to
the buyer on demand without prejudice if the land with
the mobile home erected or placed thereon is not
conveyed within such two-year period. Such homesite
must conform to all local codes and standards for
mobile home subdivisions, if any, must provide potable
water, sanitary sewage disposal, electricity, access by
roads, the purchaser must receive marketable title to
the lot, and where common facilities are to be
provided, they must be completed or fully funded;
(7)(A) the sale or lease of real estate by a
developer who is engaged in a sales operation which is
intrastate in nature. For purposes of this exemption, a
lot may be sold only if--
(i) the lot is free and clear of all liens,
encumberances, and adverse claims;
(ii) the purchaser or lessee (or spouse
thereof) has made a personal on-the-lot
inspection of the lot to be purchased or
leased;
(iii) each purchase or lease agreement
contains--
(I) a clear and specific statement
describing a good faith estimate of the
year of completion of, and the party
responsible for, providing and
maintaining the roads, water
facilities, sewer facilities and any
existing or promised amenities; and
(II) a nonwaivable provision
specifying that the contract or
agreement may be revoked at the option
of the purchaser or lessee until
midnight of the seventh day following
the signing of such contract or
agreement or until such later time as
may be required pursuant to applicable
State laws; and
(iv) the purchaser or lessee has, prior to
the time the contract or lease is entered into,
acknowledged in writing the receipt of a
written statement by the developer containing
good faith estimates of the cost of providing
electric, water, sewage, gas, and telephone
service to such a lot.
(B) As used in subparagraph (A)(i) of this paragraph,
the terms ``liens'', ``encumbrances'', and ``adverse
claims'' do not include United States land patents and
similar Federal grants or reservations, property
reservations which land developers commonly convey or
dedicate to local bodies or public utilities for the
purpose of bringing public services to the land being
developed, taxes and assessments imposed by a State, by
any other public body having authority to assess and
tax property, or by a property owners' association,
which, under applicable State or local law, constitute
liens on the property before they are due and payable
or beneficial property restrictions which would be
enforceable by other lot owners or lessees in the
subdivision, if--
(i) the developer, prior to the time the
contract of sale or lease is entered into, has
furnished each purchaser or lessee with a
statement setting forth in descriptive and
concise terms all such liens, reservations,
taxes, assessments and restrictions which are
applicable to the lot to be purchased or
leased; and
(ii) receipt of such statement has been
acknowledged in writing by the purchaser or
lessee.
(C) For the purpose of this paragraph, a sales
operation is ``intrastate in nature'' if the developer
is subject to the laws of the State in which the land
is located, and each lot in the subdivision, other than
those which are exempt under section 1403(a), (b)(6),
or (b)(8), is sold or leased to residents of the State
in which the land is located;
(8) the sale or lease of a lot in a subdivision
containing fewer than three hundred lots if--
(A) the principal residence of the purchaser
or lessee is within the same standard
metropolitan statistical area, as defined by
the Office of Management and Budget, as the lot
purchased or leased;
(B) the lot is free and clear of liens (such
as mortgages, deeds of trust, tax liens,
mechanics liens, or judgments) at the time of
the signing of the contract or agreement and
until a deed is delivered to the purchaser or
the lease expires. As used in this
subparagraph, the term ``liens'' does not
include (i) United States land patents and
similar Federal grants or reservations, (ii)
property reservations which lands developers
commonly convey or dedicate to local bodies or
public utilities for the purpose of bringing
public services to the land being developed,
(iii) taxes and assessments imposed by a State,
by any other public body having authority to
assess and tax property, or by a property
owners' association, which, under applicable
State or local law, constitute liens on the
property before they are due and payable or
beneficial property restrictions which would be
enforceable by other lot owners or lessees in
the subdivision, or (iv) other interests
described in regulations prescribed by the
[Director] Bureau;
(C) the purchaser or lessee (or spouse
thereof) has made a personal on-the-lot
inspection of the lot to be purchased or
leased;
(D) each purchase or lease agreement contains
(i) a clear and specific statement describing a
good faith estimate of the year of completion
of and the party responsible for providing and
maintaining the roads, water facilities sewer
facilities and any existing or promised
amenities; and (ii) a non waivable provision
specifying that the contract or agreement may
be revoked at the option of the purchaser or
lessee until midnight of the seventh day
following the signing of such contract or
agreement or until such later time as may be
required pursuant to applicable State laws;
(E) the purchaser or lessee has, prior to the
time the contract or lease is entered into,
acknowledged in writing receipt of a written
statement by the developer setting forth (i) in
descriptive and concise terms all liens,
reservations, taxes, assessments, beneficial
property restrictions which would be
enforceable by other lot owners or lessees in
the subdivision, and adverse claims which are
applicable to the lot to be purchased or
leased, and (ii) good faith estimates of the
cost of providing electric, water, sewer, gas,
and telephone service to such lot;
(F) the developer executes and supplies to
the purchaser a written instrument designating
a person within the State of residence of the
purchaser as his agent for service of process
and acknowledging that the developer submits to
the legal jurisdiction of the State in which
the purchaser or lessee resides; and
(G) the developer executes a written
affirmation to the effect that he has complied
with the provisions of this paragraph, such
affirmation to be given on a form provided by
the [Director] Bureau, which shall include the
following: the name and address of the
developer; the name and address of the
purchaser or lessee; a legal description of the
lot; and affirmation that the provisions of
this paragraph have been complied with; a
statement that the developer submits to the
jurisdiction of this title with regard to the
sale of lease; and the signature of the
developer; or
(9) the sale or lease of a condominium unit that is
not exempt under subsection (a).
(c) The [Director] Bureau may from time to time, pursuant to
rules and regulations issued by [him] the Bureau, exempt from
any of the provisions of this title any subdivision or any lots
in a subdivision, if [he] the Bureau finds that the enforcement
of this title with respect to such subdivision or lots is not
necessary in the public interest and for the protection of
purchasers by reason of the small amount involved or the
limited character of the public offering.
(d) For purposes of subsection (b), the term ``condominium
unit'' means a unit of residential or commercial property to be
designated for separate ownership pursuant to a condominium
plan or declaration provided that upon conveyance--
(1) the owner of such unit will have sole ownership
of the unit and an undivided interest in the common
elements appurtenant to the unit; and
(2) the unit will be an improved lot.
* * * * * * *
registration of subdivisions
Sec. 1405. (a) A subdivision may be registered by filing with
the [Director] Bureau a statement of record, meeting the
requirements of this title and such rules and regulations as
may be prescribed by the [Director] Bureau in furtherance of
the provisions of this title. A statement of record shall be
deemed effective only as to the lots specified therein.
(b) At the time of filing a statement of record, or any
amendment thereto, the developer shall pay to the [Director]
Bureau a fee, not in excess of $1,000, in accordance with a
schedule to be fixed by the regulations of the [Director]
Bureau, which fees may be used by the [Director] Bureau to
cover all or part of the cost of rendering services under this
title, and such expenses as are paid from such fees shall be
considered non-administrative.
(c) The filing with the [Director] Bureau of a statement of
record, or of an amendment thereto, shall be deemed to have
taken place upon the receipt thereof, accompanied by payment of
the fee required by subsection (b).
(d) The information contained in or filed with any statement
of record shall be made available to the public under such
regulations as the [Director] Bureau may prescribe and copies
thereof shall be furnished to every applicant at such
reasonable charge as the [Director] Bureau may prescribe.
information required in statement of record
Sec. 1406. The statement of record shall contain the
information and be accompanied by the documents specified
hereinafter in this section--
(1) the name and address of each person having an
interest in the lots in the subdivision to be covered
by the statement of record and the extent of such
interest;
(2) a legal description of, and a statement of the
total area included in, the subdivision and a statement
of the topography thereof, together with a map showing
the division proposed and the dimensions of the lots to
be covered by the statement of record and their
relation to existing streets and roads;
(3) a statement of the condition of the title to the
land comprising the subdivision, including all
encumbrances and deed restrictions and convenants
applicable thereto;
(4) a statement of the general terms and conditions,
including the range of selling prices or rents at which
it is proposed to dispose of the lots in the
subdivision;
(5) a statement of the present condition of access to
the subdivision, the existence of any unusual
conditions relating to noise or safety which affect the
subdivision and are known to the developer, the
availability of sewage disposal facilities and other
public utilities (including water, electricity, gas and
telephone facilities) in the subdivision, the proximity
in miles to the subdivision to nearby municipalities,
and the nature of any improvements to be installed by
the developer and his estimated schedule for
completion;
(6) in the case of any subdivision or portion thereof
against which there exists a blanket encumbrance, a
statement of the consequences for an individual
purchaser of a failure, by the person or persons bound,
to fulfill obligations under the instrument or
instruments creating such encumbrance and the steps, if
any, taken to protect the purchaser in such
eventuality;
(7)(A) copy of its articles of incorporation, with
all amendments thereto, if the developer is a
corporation; (B) copies of all instruments by which the
trust is created or declared, if the developer is a
trust; (C) copies of its articles of partnership or
association and all other papers pertaining to its
organization, if the developer is a partnership,
unincorporated association, joint stock company, or any
other form of organization; and (D) if the purported
holder of legal title is a person other than developer,
copies of the above documents for such person;
(8) copies of the deed or other instrument
establishing title to the subdivision in the developer
or other person and copies of any instrument creating a
lien or encumbrance upon the title of developer or
other person or copies of the opinion or opinions of
counsel in respect to the title to the subdivision in
the developer or other person or copies of the title
insurance policy guaranteeing such title;
(9) copies of all forms of conveyance to be used in
selling or leasing lots to purchasers;
(10) copies of instruments creating easements or
other restrictions;
(11) such certified and uncertified financial
statements of the developer as the [Director] Bureau
may require; and
(12) such other information and such other documents
and certifications as the [Director] Bureau may require
as being reasonably necessary or appropriate for the
protection of purchasers.
taking effect of statements of record and amendments thereto
Sec. 1407. (a) Except as hereinafter provided, the effective
date of a statement of record, or any amendment thereto, shall
be the thirtieth day after the filing thereof or such earlier
date as the [Director] Bureau may determine, having due regard
to the public interest and the protection of purchaser. If any
amendment to any such statement is filed prior to the effective
date of the statement, the statement shall be deemed to have
been filed when such amendment was filed; except that such an
amendment filed with the consent of the Secertary, or filed
pursuant to an order of the [Director] Bureau, shall be treated
as being filed as of the date of the filing of the statement of
record. When a developer records additional lands to be offered
for disposition, he may consolidate the subsequent statement of
record with any earlier recording offering subdivided land for
disposition under the same promotional plan. At the time of
consolidation the developer shall include in the consolidated
statement of record any material changes in the information
contained in the earlier statement.
(b) If it appears to the [Director] Bureau that a statement
of record, or any amendment thereto, is on its face incomplete
or inaccurate in any material respect, the [Director] Bureau
shall so advise the developer within a reasonable time after
the filing of the statement or the amendment, but prior to the
date the statement or amendment would otherwise be effective.
Such notification shall serve to suspend the effective date of
the statement or the amendment until thirty days after the
developer files such additional information as the [Director]
Bureau shall require. Any developer, upon receipt of such
notice, may request a hearing, and such hearing shall be held
within twenty days of receipt of such request by the [Director]
Bureau.
(c) If, at any time subsequent to the effective date of a
statement or record, a change shall occur affecting any
material fact required to be contained in the statement, the
developer shall promptly file an amendment thereto. Upon
receipt of any such amendment, the [Director] Bureau may, if
[he] the Bureau determines such action to be necessary or
appropriate in the public interest or for the protection of
purchasers, suspend the statement of record until the amendment
becomes effective.
(d) If it appears to the [Director] Bureau at any time that a
statement of record, which is in effect, includes any untrue
statement of a material fact or omits to state any material
fact required to be stated therein or necessary to make the
statements therein not misleading, the [Director] Bureau may,
after notice, and after opportunity for hearing (at a time
fixed by the [Director] Bureau) within fifteen days after such
notice, issue an order suspending the statement of record. When
such statement has been amended in accordance with such order,
the [Director] Bureau shall so declare and thereupon the order
shall cease to be effective.
(e) The [Director] Bureau is hereby empowered to make an
examination in any case to determine whether an order should
issue under subsection (d). In making such examination, the
[Director or anyone designated by him] Bureau shall have access
to and may demand the production of any books and papers of,
and many administer oaths and affirmations to and examine, the
developer, any agents, or any other person, in respect of any
matter relevant to the examination. If the developer or any
agents shall fail to cooperate, or shall obstruct or refuse to
permit the making of an examination, such conduct shall be
proper ground for the issuance of an order suspending the
statement of record.
(f) Any notice required under this section shall be sent to
or served on the developer or his authorized agent.
information required in property report
Sec. 1408. (a) A property report relating to the lots in a
subdivision shall contain such of the information contained in
the statement of record, and any amendments thereto, as the
[Director] Bureau may deem necessary, but need not include the
documents referred to in paragraphs (7) to (11), inclusive, of
section 1406. A property report shall also contain such other
information as the [Director] Bureau may by rules or
regulations require as being necessary or appropriate in the
public interest or for the protection of purchasers.
(b) The property report shall not be used for any promotional
purposes before the statement of record becomes effective and
then only if it is used in its entirety. No person may
advertise or represent that the [Director] Bureau approves or
recommends the subdivision or the sale or lease of lots
therein. No portion of the property report shall be
underscored, italicized, or printed in larger, or bolder type
than the balance of the statement unless the [Director] Bureau
requires or permits it.
certification of substantially equivalent state law
Sec. 1409. (a)(1) A State shall be certified if the
[Director] Bureau determines--
(A) that, when taken as a whole, the laws and
regulations of the State applicable to the sale or
lease of lots not exempt under section 1403 require the
seller or lessor of such lots to disclose information
which is at least substantially equivalent to the
information required to be disclosed by section 1408;
and
(B) that the State's administration of such laws and
regulations provides, to the maximum extent
practicable, that such information is accurate.
(2) In the case of any State which is not certified under
paragraph (1), such State shall be certified if the [Director]
Bureau determines--
(A) that when taken as a whole, the laws and
regulations of the State applicable to the sale or
lease of lots not exempt under section 1403 provide
sufficient protection for purchasers and lessees with
respect to the matters for which information is
required to be disclosed by section 1408 but which is
not required to be disclosed by such State's laws and
regulations; and
(B) that the State's administration of such laws and
regulations provides, to the maximum extent
practicable, that (i) information required to be
disclosed by such laws and regulations is accurate, and
(ii) sufficient protection for purchasers and lessees
is made available with respect to the matters for which
information is not required to be disclosed.
(3) Any State requesting certification must agree to accept a
property report covering land located in another certified
State but offered for sale or lease in the State requesting
certification if the property report has been approved by the
other certified State. Such property report shall be the only
property report required by the State with respect to the sale
or lease of such land.
(b) After the [Director] Bureau has certified a State under
subsection (a), the [Director] Bureau shall accept for filing
under sections 1405 through 1408 (and declare effective as the
Federal statement of record and property report which shall be
used in all States in which the lots are offered for sale or
lease) disclosure materials found acceptable, and any related
documentation required, by State authorities in connection with
the sale or lease of lots located within the State. The
[Director] Bureau may accept for such filing, and declare
effective as the Federal statement of record and property
report, such materials and documentation found acceptable by
the State in connection with the sale or lease of lots located
outside that State. Nothing in this subsection shall preclude
the [Director] Bureau from exercising the authority conferred
by subsections (d) and (e) of section 1407.
(c) If a State fails to meet the standards for certification
pursuant to subsection (a), the [Director] Bureau shall notify
the State in writing of the changes in State law, regulation,
or administration that are needed in order to obtain
certification.
(d) The [Director] Bureau shall periodically review the laws
and regulations, and the administration thereof, of States
certified under subsection (a), and may withdraw such
certification upon a determination that such laws, regulations,
and the administration thereof, taken as a whole, no longer
meet the requirements of subsection (a).
(e) Nothing in this title may be construed to prevent or
limit the authority of any State or local government to enact
and enforce with regard to the sale of land any law, ordinance,
or code not in conflict with this title. In administering this
title, the [Director] Bureau shall cooperate with State
authorities charged with the responsibility of regulating the
sale or lease of lots which are subject to this title.
* * * * * * *
court review of orders
Sec. 1411. (a) Any person, aggrieved by an order or
determination of the [Director] Bureau issued after a hearing,
may obtain a review of such order or determination in the court
of appeals of the United States, within any circuit wherein
such person resides or has his principal place of business, or
in the United States Court of Appeals for the District of
Columbia, by filing in such court, within sixty days after the
entry of such order or determination, a written petition
praying that the order or determination of the [Director]
Bureau be modified or be set aside in whole or in part. A copy
of such petition shall be forthwith transmitted by the clerk of
the court to the [Director] Bureau, and thereupon the
[Director] Bureau shall file in the court the record upon which
the order or determination complained of was entered, as
provided in section 2112 of title 28, United States Code. No
objection to an order or determination of the [Director] Bureau
shall be considered by the court unless such objection shall
have been urged before the [Director] Bureau. The finding of
the [Director] Bureau as to the facts, if supported by
substantial evidence, shall be conclusive. If either party
shall apply to the court for leave to adduce additional
evidence, and shall show to the satisfaction of the court that
such additional evidence is material and that there were
reasonable grounds for failure to adduce such evidence in the
hearing before the [Director] Bureau, the court may order such
additional evidence to be taken before the [Director] Bureau
and to be adduced upon a hearing in such manner and upon such
terms and conditions as to the court may seem proper. The
[Director] Bureau may modify [his findings] the findings of the
Bureau as to the facts by reason of the additional evidence so
taken, and shall file such modified or new findings, which, if
supported by substantial evidence, shall be conclusive, and
[his recommendation] the recommendation of the Bureau, if any,
for the modification or setting aside of the original order.
Upon the filing of such petition, the jurisdiction of the court
shall be exclusive and its judgment and decree, affirming,
modifying, or setting aside, in whole or in part, any order of
the [Director] Bureau, shall be final, subject to review by the
Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
(b) The commencement of proceedings under subsection (a)
shall not, unless specifically ordered by the court, operate as
a stay of the Secretary's order.
* * * * * * *
contrary stipulation void
Sec. 1413. Any condition, stipulation, or provision binding
any person acquiring any lot in a subdivision to waive
compliance with any provision of this title of the rules and
regulations of the [Director] Bureau shall be void.
* * * * * * *
investigations, injunctions, and prosecution of offenses
Sec. 1415. (a) Whenever it shall appear to the [Director]
Bureau that any person is engaged or about to engage in any
acts or practices which constitute or will constitute a
violation of the provisions of this title, or of any rule or
regulation prescribed pursuant thereto, [he may, in his
discretion,] the Bureau may, in the discretion of the Bureau,
bring an action in any district court of the United States, or
the United States District Court for the District of Columbia
to enjoin such acts or practices, and, upon a proper showing, a
permanent or temporary injunction or restraining order shall be
granted without bond. The [Director] Bureau may transmit such
evidence as may be available concerning such acts or practices
to the Attorney General who may, in his discretion, institute
the appropriate criminal proceedings under this title.
(b) The [Director] Bureau may, [in his discretion] in the
discretion of the Bureau, make such investigations as [he
deems] the Bureau determines necessary to determine whether any
person has violated or is about to violate any provision of
this title or any rule or regulation prescribed pursuant
thereto, and may require or permit any person to file with him
a statement in writing, under oath or otherwise as the
[Director] Bureau shall determine, as to all the facts and
circumstances concerning the matter to be investigated. The
[Director] Bureau is authorized, [in his discretion] in the
discretion of the Bureau, to publish information concerning any
such violations, and to investigate any facts, conditions,
practices, or matters which [he may deem] the Bureau may
determine necessary or proper to aid in the enforcement of the
provisions of this title, in the prescribing of rules and
regulations thereunder or in securing information to service as
a basis for recommending further legislation concerning the
matters to which this title relates.
(c) For the purpose of any such investigation, or any other
proceeding under this title, [the Director, or any officer
designated by him,] the Bureau is empowered to administer oaths
and affirmations, subpena witnesses, compel their attendance,
take evidence, and require the production of any books, papers,
correspondence, memorandums, or other records which the
[Director] Bureau deems relevant or material to the inquiry.
Such attendance of witnesses and the production of any such
records may be required from any place in the United States or
any State at any designated place of hearing.
(d) In case of contumacy by, or refusal to obey a subpena
issued to, any person, the [Director] Bureau may invoke the aid
of any court of the United States within the jurisdiction of
which such investigation or proceeding is carried on, or where
such person resides or carries on business, in requiring the
attendance and testimony of witnesses and the production of
books, papers, correspondence, memorandums, and other records
and documents. And such court may issue an order requiring such
person to appear before the [Director] Bureau or any officer
designated by the [Director] Bureau, there to produce records,
if so ordered, or to give testimony touching the matter under
investigation or in question; and any failure to obey such
order of the court may be punished by such court as a contempt
thereof. All process in any such case may be served in the
judicial district whereof such person is an inhabitant or
wherever he may be found.
administration
Sec. 1416. (a) The authority and responsibility for
administering this title shall be in the [Director of the
Bureau of Consumer Financial Protection who may delegate any of
his] Bureau of Consumer Financial Protection, which may
delegate any functions, duties, and powers to employees of the
Bureau of Consumer Financial Protection or to boards of such
employees including functions, duties, and powers with respect
to investigating, hearing, determining, ordering, or otherwise
acting as to any work, business, or matter under this title.
The persons to whom such delegations are made with respect to
hearing functions, duties, and powers shall be appointed and
shall serve in the Bureau in compliance with sections 3105,
3344, 5372, and 7521 of title 5 of the United States Code. The
[Director] Bureau shall by rule prescribed such rights of
appeal from the decisions of [his administrative]
administrative law judges to other administrative law judges or
to other officers in the Bureau, to boards of officers or to
[himself] the commission of the Bureau, as shall be apropriate
and in accordance with law.
(b) All hearings shall be public and appropriate records
thereof shall be kept, and any order issued after such hearing
shall be based on the record made in such hearing which shall
be conducted in accordance with provisions of subchapter II of
chapter 5, and chapter 7, of title 5, United States Code.
(c) The [Director] Bureau shall conduct all actions with
respect to rulemaking or adjudication under this title in
accordance with the provisions of chapter 5 of title 5, United
States Code. Notice shall be given of any adverse action or
final disposition and such notice and the entry of any order
shall be accompanied by a written statement of supporting facts
and legal authority.
unlawful representations
Sec. 1417. The fact that a statement of record with respect
to a subdivision has been filed or is in effect shall not be
deemed a finding by the [Director] Bureau that the statement of
record is true and accurate on its face, or be held to mean the
[Director] Bureau has in any way passed upon the merits of, or
given approval to, such subdivision. It shall be unlawful to
make, or cause to be made, to any prospective purchaser any
representation contrary to the foregoing.
* * * * * * *
civil money penalties
Sec. 1418a. (a) In General.--
(1) Authority.--Whenever any person knowingly and
materially violates any of the provisions of this title
or any rule, regulation, or order issued under this
title, the [Director] Bureau may impose a civil money
penalty on such person in accordance with the
provisions of this section. The penalty shall be in
addition to any other available civil remedy or any
available criminal penalty, and may be imposed whether
or not the [Director] Bureau imposes other
administrative sanctions.
(2) Amount of penalty.--The amount of the penalty, as
determined by the [Director] Bureau, may not exceed
$1,000 for each violation, except that the maximum
penalty for all violations by a particular person
during any 1-year period shall not exceed $1,000,000.
Each violation of this title, or any rule, regulation,
or order issued under this title, shall constitute a
separate violation with respect to each sale or lease
or offer to sell or lease. In the case of a continuing
violation, as determined by the [Director] Bureau, each
day shall constitute a separate violation.
(b) Agency Procedures.--
(1) Establishment.--The [Director] Bureau shall
establish standards and procedures governing the
imposition of civil money penalties under subsection
(a). The standards and procedures--
(A) shall provide for the imposition of a
penalty only after a person has been given an
opportunity for a hearing on the record; and
(B) may provide for review by the [Director]
Bureau of any determination or order, or
interlocutory ruling, arising from a hearing.
(2) Final orders.--If no hearing is requested within
15 days of receipt of the notice of opportunity for
hearing, the imposition of the penalty shall constitute
a final and unappealable determination. If the
[Director] Bureau reviews the determination or order,
the [Director] Bureau may affirm, modify, or reverse
that determination or order. If the [Director] Bureau
does not review the determination or order within 90
days of the issuance of the determination or order, the
determination or order shall be final.
(3) Factors in determining amount of penalty.--In
determining the amount of a penalty under subsection
(a), consideration shall be given to such factors as
the gravity of the offense, any history of prior
offenses (including offenses occurring before enactment
of this section), ability to pay the penalty, injury to
the public, benefits received, deterrence of future
violations, and such other factors as the [Director]
Bureau may determine in regulations to be appropriate.
(4) Reviewability of imposition of penalty.--The
[Secretary's determination] determination of the Bureau
or order imposing a penalty under subsection (a) shall
not be subject to review, except as provided in
subsection (c).
(c) Judicial Review of Agency Determination.--
(1) In General.--After exhausting all administrative
remedies established by the [Director] Bureau under
subsection (b)(1), a person aggrieved by a final order
of the [Director] Bureau assessing a penalty under this
section may seek judicial review pursuant to section
1411.
(2) Order to pay penalty.--Notwithstanding any other
provision of law, in any such review, the court shall
have the power to order payment of the penalty imposed
by the [Director] Bureau.
(d) Action to Collect Penalty.--If any person fails to comply
with the determination or order of the [Director] Bureau
imposing a civil money penalty under subsection (a), after the
determination or order is no longer subject to review as
provided by subsections (b) and (c), the [Director] Bureau may
request the Attorney General of the United States to bring an
action in any appropriate United States district court to
obtain a monetary judgment against the person and such other
relief as may be available. The monetary judgment may, in the
discretion of the court, include any attorneys fees and other
expenses incurred by the United States in connection with the
action. In an action under this subsection, the validity and
appropriateness of the Secretary's determination or order
imposing the penalty shall not be subject to review.
(e) Settlement by Director.--The [Director] Bureau may
compromise, modify, or remit any civil money penalty which may
be, or has been, imposed under this section.
(f) Definition of Knowingly.--The term ``knowingly'' means
having actual knowledge of or acting with deliberate ignorance
of or reckless disregard for the prohibitions under this
section.
(g) Regulations.--The [Director] Bureau shall issue such
regulations as the [Director] Bureau deems appropriate to
implement this section.
(h) Use of Penalties for Administration.--Civil money
penalties collected under this section shall be paid to the
[Director] Bureau and, upon approval in an appropriation Act,
may be used by the [Director] Bureau to cover all or part of
the cost of rendering services under this title.
Sec. 1419. The [Director] Bureau shall have authority from
time to time to make, issue, amend, and rescind such rules and
regulations and such orders as are necessary or appropriate to
the exercise of the functions and powers conferred upon him
elsewhere in this title. For the purpose of his rules and
regulations, the [Director] Bureau may classify persons and
matters within his jurisdiction and prescribe different
requirements for different classes of persons or matters.
jurisdiction of offenses and suits
Sec. 1420. The district courts of the United States, the
United States courts of any territory, and the United States
District Court for the District of Columbia shall have
jurisdiction of offenses and violations under this title and
under the this title and under the rules and regulations
prescribed by the [Director] Bureau pursuant thereto, and
concurrent with State courts, of all suits in equity and
actions at law brought to enforce any liability or duty created
by this title. Any such suit or action may be brought to
enforce any liability or duty created by this title. Any such
suit or action may be brought in the district where the
defendant is found or is an inhabitant or transacts business,
or in the district where the offer or sale took place, if the
defendant participated therein, and process in such cases may
be served in any other district of which the defendant is an
inhabitant or wherever the defendant may be found. Judgments
and decrees so rendered shall be subject to review as provided
in sections 1254 and 1291 of title 28, United State Code. No
case arising under this title and brought in any State court of
competent jurisdiction shall be removed to any court of the
United States, except where the United States or any officer or
employee of the United States in his official capacity is a
party. No costs shall be assessed for or against the [Director]
Bureau in any proceeding under this title brought by or against
him in the Supreme Court or such other courts.
* * * * * * *
----------
REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974
* * * * * * *
home buying information booklets
Sec. 5. (a) Preparation and Distribution.--[The Director of
the Bureau of Consumer Financial Protection (hereafter in this
section referred to as the ``Director'')] The Bureau of
Consumer Financial Protection (hereafter in this section
referred to as the ``Bureau'') shall prepare, at least once
every 5 years, a booklet to help consumers applying for
federally related mortgage loans to understand the nature and
costs of real estate settlement services. The [Director] Bureau
shall prepare the booklet in various languages and cultural
styles, as the [Director] Bureau determines to be appropriate,
so that the booklet is understandable and accessible to
homebuyers of different ethnic and cultural backgrounds. The
[Director] Bureau shall distribute such booklets to all lenders
that make federally related mortgage loans. The [Director]
Bureau shall also distribute to such lenders lists, organized
by location, of homeownership counselors certified under
section 106(e) of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701x(e)) for use in complying with the requirement
under subsection (c) of this section.
(b) Contents.--Each booklet shall be in such form and detail
as the [Director] Bureau shall prescribe and, in addition to
such other information as the [Director] Bureau may provide,
shall include in plain and understandable language the
following information:
(1) A description and explanation of the nature and
purpose of the costs incident to a real estate
settlement or a federally related mortgage loan. The
description and explanation shall provide general
information about the mortgage process as well as
specific information concerning, at a minimum--
(A) balloon payments;
(B) prepayment penalties;
(C) the advantages of prepayment; and
(D) the trade-off between closing costs and
the interest rate over the life of the loan.
(2) An explanation and sample of the uniform
settlement statement required by section 4.
(3) A list and explanation of lending practices,
including those prohibited by the Truth in Lending Act
or other applicable Federal law, and of other unfair
practices and unreasonable or unnecessary charges to be
avoided by the prospective buyer with respect to a real
estate settlement.
(4) A list and explanation of questions a consumer
obtaining a federally related mortgage loan should ask
regarding the loan, including whether the consumer will
have the ability to repay the loan, whether the
consumer sufficiently shopped for the loan, whether the
loan terms include prepayment penalties or balloon
payments, and whether the loan will benefit the
borrower.
(5) An explanation of the right of rescission as to
certain transactions provided by sections 125 and 129
of the Truth in Lending Act.
(6) A brief explanation of the nature of a variable
rate mortgage and a reference to the booklet entitled
``Consumer Handbook on Adjustable Rate Mortgages'',
published by the [Director] Bureau, or to any suitable
substitute of such booklet that the [Director] Bureau
may subsequently adopt pursuant to such section.
(7) A brief explanation of the nature of a home
equity line of credit and a reference to the pamphlet
required to be provided under section 127A of the Truth
in Lending Act.
(8) Information about homeownership counseling
services made available pursuant to section 106(a)(4)
of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701x(a)(4)), a recommendation that the consumer
use such services, and notification that a list of
certified providers of homeownership counseling in the
area, and their contact information, is available.
(9) An explanation of the nature and purpose of
escrow accounts when used in connection with loans
secured by residential real estate and the requirements
under section 10 of this Act regarding such accounts.
(10) An explanation of the choices available to
buyers of residential real estate in selecting persons
to provide necessary services incidental to a real
estate settlement.
(11) An explanation of a consumer's responsibilities,
liabilities, and obligations in a mortgage transaction.
(12) An explanation of the nature and purpose of real
estate appraisals, including the difference between an
appraisal and a home inspection.
(13) Notice that the Office of Housing of the Bureau
of Consumer Financial Protection has made publicly
available a brochure regarding loan fraud and a World
Wide Web address and toll-free telephone number for
obtaining the brochure.
(14) An explanation of flood insurance and the
availability of flood insurance under the National
Flood Insurance Program or from a private insurance
company, whether or not the real estate is located in
an area having special flood hazards, and the following
statement: ``Although you may not be required to
maintain flood insurance on all structures, you may
still wish to do so, and your mortgage lender may still
require you to do so to protect the collateral securing
the mortgage. If you choose to not maintain flood
insurance on a structure, and it floods, you are
responsible for all flood losses relating to that
structure.''.
The booklet prepared pursuant to this section shall take into
consideration differences in real estate settlement procedures
that may exist among the several States and territories of the
United States and among separate political subdivisions within
the same State and territory.
(c) Each lender shall include with the booklet a good faith
estimate of the amount or range of charges for specific
settlement services the borrower is likely to incur in
connection with the settlement as prescribed by the Bureau.
Each lender shall also include with the booklet a reasonably
complete or updated list of homeownership counselors who are
certified pursuant to section 106(e) of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701x(e)) and located in the
area of the lender.
(d) Each lender referred to in subsection (a) shall provide
the booklet described in such subsection to each person from
whom it receives or for whom it prepares a written application
to borrow money to finance the purchase of residential real
estate. The lender shall provide the booklet in the version
that is most appropriate for the person receiving it. Such
booklet shall be provided by delivering it or placing it in the
mail not later than 3 business days after the lender receives
the application, but no booklet need be provided if the lender
denies the application for credit before the end of the 3-day
period.
(e) Booklets may be printed and distributed by lenders if
their form and content are approved by the Bureau as meeting
the requirements of subsection (b) of this section.
* * * * * * *
----------
S.A.F.E. MORTGAGE LICENSING ACT OF 2008
TITLE V--S.A.F.E. MORTGAGE LICENSING ACT
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Secure and Fair Enforcement
for Mortgage Licensing Act of 2008'' or ``S.A.F.E. Mortgage
Licensing Act of 2008''.
* * * * * * *
SEC. 1503. DEFINITIONS.
For purposes of this title, the following definitions shall
apply:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Consumer Financial Protection.
(2) Federal banking agency.--The term ``Federal
banking agency'' means the Board of Governors of the
Federal Reserve System, the Office of the Comptroller
of the Currency, the National Credit Union
Administration, and the Federal Deposit Insurance
Corporation.
(3) Depository institution.--The term ``depository
institution'' has the same meaning as in section 3 of
the Federal Deposit Insurance Act, and includes any
credit union.
(4) Loan originator.--
(A) In general.--The term ``loan
originator''--
(i) means an individual who--
(I) takes a residential
mortgage loan application; and
(II) offers or negotiates
terms of a residential mortgage
loan for compensation or gain;
(ii) does not include any individual
who is not otherwise described in
clause (i) and who performs purely
administrative or clerical tasks on
behalf of a person who is described in
any such clause;
(iii) does not include a person or
entity that only performs real estate
brokerage activities and is licensed or
registered in accordance with
applicable State law, unless the person
or entity is compensated by a lender, a
mortgage broker, or other loan
originator or by any agent of such
lender, mortgage broker, or other loan
originator; and
(iv) does not include a person or
entity solely involved in extensions of
credit relating to timeshare plans, as
that term is defined in section
101(53D) of title 11, United States
Code.
(B) Other definitions relating to loan
originator.--For purposes of this subsection,
an individual ``assists a consumer in obtaining
or applying to obtain a residential mortgage
loan'' by, among other things, advising on loan
terms (including rates, fees, other costs),
preparing loan packages, or collecting
information on behalf of the consumer with
regard to a residential mortgage loan.
(C) Administrative or clerical tasks.--The
term ``administrative or clerical tasks'' means
the receipt, collection, and distribution of
information common for the processing or
underwriting of a loan in the mortgage industry
and communication with a consumer to obtain
information necessary for the processing or
underwriting of a residential mortgage loan.
(D) Real estate brokerage activity defined.--
The term ``real estate brokerage activity''
means any activity that involves offering or
providing real estate brokerage services to the
public, including--
(i) acting as a real estate agent or
real estate broker for a buyer, seller,
lessor, or lessee of real property;
(ii) bringing together parties
interested in the sale, purchase,
lease, rental, or exchange of real
property;
(iii) negotiating, on behalf of any
party, any portion of a contract
relating to the sale, purchase, lease,
rental, or exchange of real property
(other than in connection with
providing financing with respect to any
such transaction);
(iv) engaging in any activity for
which a person engaged in the activity
is required to be registered or
licensed as a real estate agent or real
estate broker under any applicable law;
and
(v) offering to engage in any
activity, or act in any capacity,
described in clause (i), (ii), (iii),
or (iv).
(5) Loan processor or underwriter.--
(A) In general.--The term ``loan processor or
underwriter'' means an individual who performs
clerical or support duties at the direction of
and subject to the supervision and instruction
of--
(i) a State-licensed loan originator;
or
(ii) a registered loan originator.
(B) Clerical or support duties.--For purposes
of subparagraph (A), the term ``clerical or
support duties'' may include--
(i) the receipt, collection,
distribution, and analysis of
information common for the processing
or underwriting of a residential
mortgage loan; and
(ii) communicating with a consumer to
obtain the information necessary for
the processing or underwriting of a
loan, to the extent that such
communication does not include offering
or negotiating loan rates or terms, or
counseling consumers about residential
mortgage loan rates or terms.
(6) Nationwide mortgage licensing system and
registry.--The term ``Nationwide Mortgage Licensing
System and Registry'' means a mortgage licensing system
developed and maintained by the Conference of State
Bank Supervisors and the American Association of
Residential Mortgage Regulators for the State licensing
and registration of State-licensed loan originators and
the registration of registered loan originators or any
system established by the [Director] Bureau of Consumer
Financial Protection under section 1509.
(7) Nontraditional mortgage product.--The term
``nontraditional mortgage product'' means any mortgage
product other than a 30-year fixed rate mortgage.
(8) Registered loan originator.--The term
``registered loan originator'' means any individual
who--
(A) meets the definition of loan originator
and is an employee of--
(i) a depository institution;
(ii) a subsidiary that is--
(I) owned and controlled by a
depository institution; and
(II) regulated by a Federal
banking agency; or
(iii) an institution regulated by the
Farm Credit Administration; and
(B) is registered with, and maintains a
unique identifier through, the Nationwide
Mortgage Licensing System and Registry.
(9) Residential mortgage loan.--The term
``residential mortgage loan'' means any loan primarily
for personal, family, or household use that is secured
by a mortgage, deed of trust, or other equivalent
consensual security interest on a dwelling (as defined
in section 103(v) of the Truth in Lending Act) or
residential real estate upon which is constructed or
intended to be constructed a dwelling (as so defined).
[(10) Director.--The term ``Director'' means the
Director of the Bureau of Consumer Financial
Protection.]
(11) State.--The term ``State'' means any State of
the United States, the District of Columbia, any
territory of the United States, Puerto Rico, Guam,
American Samoa, the Trust Territory of the Pacific
Islands, the Virgin Islands, and the Northern Mariana
Islands.
(12) State-licensed loan originator.--The term
``State-licensed loan originator'' means any individual
who--
(A) is a loan originator;
(B) is not an employee of--
(i) a depository institution;
(ii) a subsidiary that is--
(I) owned and controlled by a
depository institution; and
(II) regulated by a Federal
banking agency; or
(iii) an institution regulated by the
Farm Credit Administration; and
(C) is licensed by a State or by the
[Director] Bureau of Consumer Financial
Protection under section 1508 and registered as
a loan originator with, and maintains a unique
identifier through, the Nationwide Mortgage
Licensing System and Registry.
(13) Unique identifier.--
(A) In general.--The term ``unique
identifier'' means a number or other identifier
that--
(i) permanently identifies a loan
originator;
(ii) is assigned by protocols
established by the Nationwide Mortgage
Licensing System and Registry and the
Bureau to facilitate electronic
tracking of loan originators and
uniform identification of, and public
access to, the employment history of
and the publicly adjudicated
disciplinary and enforcement actions
against loan originators; and
(iii) shall not be used for purposes
other than those set forth under this
title.
(B) Responsibility of states.--To the
greatest extent possible and to accomplish the
purpose of this title, States shall use unique
identifiers in lieu of social security numbers.
* * * * * * *
SEC. 1508. BUREAU OF CONSUMER FINANCIAL PROTECTION BACKUP AUTHORITY TO
ESTABLISH LOAN ORIGINATOR LICENSING SYSTEM.
(a) Backup Licensing System.--If, by the end of the 1-year
period, or the 2-year period in the case of a State whose
legislature meets only biennially, beginning on the date of the
enactment of this title or at any time thereafter, the
[Director] Bureau of Consumer Financial Protection determines
that a State does not have in place by law or regulation a
system for licensing and registering loan originators that
meets the requirements of sections 1505 and 1506 and subsection
(d) of this section, or does not participate in the Nationwide
Mortgage Licensing System and Registry, the [Director] Bureau
of Consumer Financial Protection shall provide for the
establishment and maintenance of a system for the licensing and
registration by the [Director] Bureau of Consumer Financial
Protection of loan originators operating in such State as
State-licensed loan originators.
(b) Licensing and Registration Requirements.--The system
established by the [Director] Bureau of Consumer Financial
Protection under subsection (a) for any State shall meet the
requirements of sections 1505 and 1506 for State-licensed loan
originators.
(c) Unique Identifier.--The [Director] Bureau of Consumer
Financial Protection shall coordinate with the Nationwide
Mortgage Licensing System and Registry to establish protocols
for assigning a unique identifier to each loan originator
licensed by the [Director] Bureau of Consumer Financial
Protection as a State-licensed loan originator that will
facilitate electronic tracking and uniform identification of,
and public access to, the employment history of and the
publicly adjudicated disciplinary and enforcement actions
against loan originators.
(d) State Licensing Law Requirements.--For purposes of this
section, the law in effect in a State meets the requirements of
this subsection if the [Director] Bureau of Consumer Financial
Protection determines the law satisfies the following minimum
requirements:
(1) A State loan originator supervisory authority is
maintained to provide effective supervision and
enforcement of such law, including the suspension,
termination, or nonrenewal of a license for a violation
of State or Federal law.
(2) The State loan originator supervisory authority
ensures that all State-licensed loan originators
operating in the State are registered with Nationwide
Mortgage Licensing System and Registry.
(3) The State loan originator supervisory authority
is required to regularly report violations of such law,
as well as enforcement actions and other relevant
information, to the Nationwide Mortgage Licensing
System and Registry.
(4) The State loan originator supervisory authority
has a process in place for challenging information
contained in the Nationwide Mortgage Licensing System
and Registry.
(5) The State loan originator supervisory authority
has established a mechanism to assess civil money
penalties for individuals acting as mortgage
originators in their State without a valid license or
registration.
(6) The State loan originator supervisory authority
has established minimum net worth or surety bonding
requirements that reflect the dollar amount of loans
originated by a residential mortgage loan originator,
or has established a recovery fund paid into by the
loan originators.
(e) Temporary Extension of Period.--The [Director] Bureau of
Consumer Financial Protection may extend, by not more than 24
months, the 1-year or 2-year period, as the case may be,
referred to in subsection (a) for the licensing of loan
originators in any State under a State licensing law that meets
the requirements of sections 1505 and 1506 and subsection (d)
if the [Director] Bureau of Consumer Financial Protection
determines that such State is making a good faith effort to
establish a State licensing law that meets such requirements,
license mortgage originators under such law, and register such
originators with the Nationwide Mortgage Licensing System and
Registry.
(f) Regulation Authority.--
(1) In general.--The Bureau is authorized to
promulgate regulations setting minimum net worth or
surety bond requirements for residential mortgage loan
originators and minimum requirements for recovery funds
paid into by loan originators.
(2) Considerations.--In issuing regulations under
paragraph (1), the Bureau shall take into account the
need to provide originators adequate incentives to
originate affordable and sustainable mortgage loans, as
well as the need to ensure a competitive origination
market that maximizes consumer access to affordable and
sustainable mortgage loans.
SEC. 1509. BACKUP AUTHORITY TO ESTABLISH A NATIONWIDE MORTGAGE
LICENSING AND REGISTRY SYSTEM.
If at any time the [Director] Bureau of Consumer Financial
Protection determines that the Nationwide Mortgage Licensing
System and Registry is failing to meet the requirements and
purposes of this title for a comprehensive licensing,
supervisory, and tracking system for loan originators, the
[Director] Bureau of Consumer Financial Protection shall
establish and maintain such a system to carry out the purposes
of this title and the effective registration and regulation of
loan originators.
* * * * * * *
SEC. 1512. CONFIDENTIALITY OF INFORMATION.
(a) System Confidentiality.--Except as otherwise provided in
this section, any requirement under Federal or State law
regarding the privacy or confidentiality of any information or
material provided to the Nationwide Mortgage Licensing System
and Registry or a system established by the [Director] Bureau
of Consumer Financial Protection under section 1509, and any
privilege arising under Federal or State law (including the
rules of any Federal or State court) with respect to such
information or material, shall continue to apply to such
information or material after the information or material has
been disclosed to the system. Such information and material may
be shared with all State and Federal regulatory officials with
mortgage or financial services industry oversight authority
without the loss of privilege or the loss of confidentiality
protections provided by Federal and State laws.
(b) Nonapplicability of Certain Requirements.--Information or
material that is subject to a privilege or confidentiality
under subsection (a) shall not be subject to--
(1) disclosure under any Federal or State law
governing the disclosure to the public of information
held by an officer or an agency of the Federal
Government or the respective State; or
(2) subpoena or discovery, or admission into
evidence, in any private civil action or administrative
process, unless with respect to any privilege held by
the Nationwide Mortgage Licensing System and Registry
or the [Director] Bureau of Consumer Financial
Protection with respect to such information or
material, the person to whom such information or
material pertains waives, in whole or in part, in the
discretion of such person, that privilege.
(c) Coordination With Other Law.--Any State law, including
any State open record law, relating to the disclosure of
confidential supervisory information or any information or
material described in subsection (a) that is inconsistent with
subsection (a) shall be superseded by the requirements of such
provision to the extent State law provides less confidentiality
or a weaker privilege.
(d) Public Access to Information.--This section shall not
apply with respect to the information or material relating to
the employment history of, and publicly adjudicated
disciplinary and enforcement actions against, loan originators
that is included in Nationwide Mortgage Licensing System and
Registry for access by the public.
SEC. 1513. LIABILITY PROVISIONS.
The Bureau, any State official or agency, or any organization
serving as the administrator of the Nationwide Mortgage
Licensing System and Registry or a system established by the
[Director] Bureau of Consumer Financial Protection under
section 1509, or any officer or employee of any such entity,
shall not be subject to any civil action or proceeding for
monetary damages by reason of the good faith action or omission
of any officer or employee of any such entity, while acting
within the scope of office or employment, relating to the
collection, furnishing, or dissemination of information
concerning persons who--
(1) have applied, are applying, or are licensed or
registered through the Nationwide Mortgage Licensing
System and Registry; and
(2) work in an industry with respect to which persons
were licensed or registered through the Nationwide
Mortgage Licensing System and Registry on the date of
enactment of the Economic Growth, Regulatory Relief,
and Consumer Protection Act.
SEC. 1514. ENFORCEMENT BY THE BUREAU.
(a) Summons Authority.--The [Director] Bureau of Consumer
Financial Protection may--
(1) examine any books, papers, records, or other data
of any loan originator operating in any State which is
subject to a licensing system established by the
[Director] Bureau of Consumer Financial Protection
under section 1508; and
(2) summon any loan originator referred to in
paragraph (1) or any person having possession, custody,
or care of the reports and records relating to such
loan originator, to appear before the [Director] Bureau
of Consumer Financial Protection or any delegate of the
[Director] Bureau of Consumer Financial Protection at a
time and place named in the summons and to produce such
books, papers, records, or other data, and to give
testimony, under oath, as may be relevant or material
to an investigation of such loan originator for
compliance with the requirements of this title.
(b) Examination Authority.--
(1) In general.--If the [Director] Bureau of Consumer
Financial Protection establishes a licensing system
under section 1508 for any State, the [Director] Bureau
of Consumer Financial Protection shall appoint
examiners for the purposes of administering such
section.
(2) Power to examine.--Any examiner appointed under
paragraph (1) shall have power, on behalf of the
[Director] Bureau of Consumer Financial Protection, to
make any examination of any loan originator operating
in any State which is subject to a licensing system
established by the [Director] Bureau of Consumer
Financial Protection under section 1508 whenever the
[Director] Bureau of Consumer Financial Protection
determines an examination of any loan originator is
necessary to determine the compliance by the originator
with this title.
(3) Report of examination.--Each examiner appointed
under paragraph (1) shall make a full and detailed
report of examination of any loan originator examined
to the [Director] Bureau of Consumer Financial
Protection.
(4) Administration of oaths and affirmations;
evidence.--In connection with examinations of loan
originators operating in any State which is subject to
a licensing system established by the [Director] Bureau
of Consumer Financial Protection under section 1508, or
with other types of investigations to determine
compliance with applicable law and regulations, the
[Director] Bureau of Consumer Financial Protection and
examiners appointed by the [Director] Bureau of
Consumer Financial Protection may administer oaths and
affirmations and examine and take and preserve
testimony under oath as to any matter in respect to the
affairs of any such loan originator.
(5) Assessments.--The cost of conducting any
examination of any loan originator operating in any
State which is subject to a licensing system
established by the [Director] Bureau of Consumer
Financial Protection under section 1508 shall be
assessed by the [Director] Bureau of Consumer Financial
Protection against the loan originator to meet the
Secretary's expenses in carrying out such examination.
(c) Cease and Desist Proceeding.--
(1) Authority of [director] bureau of consumer
financial protection.--If the [Director] Bureau of
Consumer Financial Protection finds, after notice and
opportunity for hearing, that any person is violating,
has violated, or is about to violate any provision of
this title, or any regulation thereunder, with respect
to a State which is subject to a licensing system
established by the [Director] Bureau of Consumer
Financial Protection under section 1508, the [Director]
Bureau of Consumer Financial Protection may publish
such findings and enter an order requiring such person,
and any other person that is, was, or would be a cause
of the violation, due to an act or omission the person
knew or should have known would contribute to such
violation, to cease and desist from committing or
causing such violation and any future violation of the
same provision, rule, or regulation. Such order may, in
addition to requiring a person to cease and desist from
committing or causing a violation, require such person
to comply, or to take steps to effect compliance, with
such provision or regulation, upon such terms and
conditions and within such time as the [Director]
Bureau of Consumer Financial Protection may specify in
such order. Any such order may, as the [Director]
Bureau of Consumer Financial Protection deems
appropriate, require future compliance or steps to
effect future compliance, either permanently or for
such period of time as the [Director] Bureau of
Consumer Financial Protection may specify, with such
provision or regulation with respect to any loan
originator.
(2) Hearing.--The notice instituting proceedings
pursuant to paragraph (1) shall fix a hearing date not
earlier than 30 days nor later than 60 days after
service of the notice unless an earlier or a later date
is set by the [Director] Bureau of Consumer Financial
Protection with the consent of any respondent so
served.
(3) Temporary order.--Whenever the [Director] Bureau
of Consumer Financial Protection determines that the
alleged violation or threatened violation specified in
the notice instituting proceedings pursuant to
paragraph (1), or the continuation thereof, is likely
to result in significant dissipation or conversion of
assets, significant harm to consumers, or substantial
harm to the public interest prior to the completion of
the proceedings, the [Director] Bureau of Consumer
Financial Protection may enter a temporary order
requiring the respondent to cease and desist from the
violation or threatened violation and to take such
action to prevent the violation or threatened violation
and to prevent dissipation or conversion of assets,
significant harm to consumers, or substantial harm to
the public interest as the [Director] Bureau of
Consumer Financial Protection deems appropriate pending
completion of such proceedings. Such an order shall be
entered only after notice and opportunity for a
hearing, unless the [Director] Bureau of Consumer
Financial Protection determines that notice and hearing
prior to entry would be impracticable or contrary to
the public interest. A temporary order shall become
effective upon service upon the respondent and, unless
set aside, limited, or suspended by the [Director]
Bureau of Consumer Financial Protection or a court of
competent jurisdiction, shall remain effective and
enforceable pending the completion of the proceedings.
(4) Review of temporary orders.--
(A) Review by [director] bureau of consumer
financial protection.--At any time after the
respondent has been served with a temporary
cease and desist order pursuant to paragraph
(3), the respondent may apply to the [Director]
Bureau of Consumer Financial Protection to have
the order set aside, limited, or suspended. If
the respondent has been served with a temporary
cease and desist order entered without a prior
hearing before the [Director] Bureau of
Consumer Financial Protection, the respondent
may, within 10 days after the date on which the
order was served, request a hearing on such
application and the [Director] Bureau of
Consumer Financial Protection shall hold a
hearing and render a decision on such
application at the earliest possible time.
(B) Judicial review.--Within--
(i) 10 days after the date the
respondent was served with a temporary
cease and desist order entered with a
prior hearing before the [Director]
Bureau of Consumer Financial
Protection; or
(ii) 10 days after the [Director]
Bureau of Consumer Financial Protection
renders a decision on an application
and hearing under paragraph (1), with
respect to any temporary cease and
desist order entered without a prior
hearing before the [Director] Bureau of
Consumer Financial Protection,
the respondent may apply to the United States
district court for the district in which the
respondent resides or has its principal place
of business, or for the District of Columbia,
for an order setting aside, limiting, or
suspending the effectiveness or enforcement of
the order, and the court shall have
jurisdiction to enter such an order. A
respondent served with a temporary cease and
desist order entered without a prior hearing
before the [Director] Bureau of Consumer
Financial Protection may not apply to the court
except after hearing and decision by the
[Director] Bureau of Consumer Financial
Protection on the respondent's application
under subparagraph (A).
(C) No automatic stay of temporary order.--
The commencement of proceedings under
subparagraph (B) shall not, unless specifically
ordered by the court, operate as a stay of the
Secretary's order.
(5) Authority of the [director] bureau of consumer
financial protection to prohibit persons from serving
as loan originators.--In any cease and desist
proceeding under paragraph (1), the [Director] Bureau
of Consumer Financial Protection may issue an order to
prohibit, conditionally or unconditionally, and
permanently or for such period of time as the
[Director] Bureau of Consumer Financial Protection
shall determine, any person who has violated this title
or regulations thereunder, from acting as a loan
originator if the conduct of that person demonstrates
unfitness to serve as a loan originator.
(d) Authority of the [Director] Bureau of Consumer Financial
Protection To Assess Money Penalties.--
(1) In general.--The [Director] Bureau of Consumer
Financial Protection may impose a civil penalty on a
loan originator operating in any State which is subject
to a licensing system established by the [Director]
Bureau of Consumer Financial Protection under section
1508, if the [Director] Bureau of Consumer Financial
Protection finds, on the record after notice and
opportunity for hearing, that such loan originator has
violated or failed to comply with any requirement of
this title or any regulation prescribed by the
[Director] Bureau of Consumer Financial Protection
under this title or order issued under subsection (c).
(2) Maximum amount of penalty.--The maximum amount of
penalty for each act or omission described in paragraph
(1) shall be $25,000.
* * * * * * *
SEC. 1516. REPORTS AND RECOMMENDATIONS TO CONGRESS.
(a) Annual Reports.--Not later than 1 year after the date of
enactment of this title, and annually thereafter, the
[Director] Bureau of Consumer Financial Protection shall submit
a report to Congress on the effectiveness of the provisions of
this title, including legislative recommendations, if any, for
strengthening consumer protections, enhancing examination
standards, streamlining communication between all stakeholders
involved in residential mortgage loan origination and
processing, and establishing performance based bonding
requirements for mortgage originators or institutions that
employ such brokers.
(b) Legislative Recommendations.--Not later than 6 months
after the date of enactment of this title, the [Director]
Bureau of Consumer Financial Protection shall make
recommendations to Congress on legislative reforms to the Real
Estate Settlement Procedures Act of 1974, that the [Director]
Bureau of Consumer Financial Protection deems appropriate to
promote more transparent disclosures, allowing consumers to
better shop and compare mortgage loan terms and settlement
costs.
SEC. 1517. STUDY AND REPORTS ON DEFAULTS AND FORECLOSURES.
(a) Study Required.--The [Director] Bureau of Consumer
Financial Protection shall conduct an extensive study of the
root causes of default and foreclosure of home loans, using as
much empirical data as is available.
(b) Preliminary Report to Congress.--Not later than 6 months
after the date of enactment of this title, the [Director]
Bureau of Consumer Financial Protection shall submit to
Congress a preliminary report regarding the study required by
this section.
(c) Final Report to Congress.--Not later than 12 months after
the date of enactment of this title, the [Director] Bureau of
Consumer Financial Protection shall submit to Congress a final
report regarding the results of the study required by this
section, which shall include any recommended legislation
relating to the study, and recommendations for best practices
and for a process to provide targeted assistance to populations
with the highest risk of potential default or foreclosure.
----------
TITLE 44, UNITED STATES CODE
* * * * * * *
CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I--FEDERAL INFORMATION POLICY
* * * * * * *
Sec. 3513. Director review of agency activities; reporting; agency
response
(a) In consultation with the Administrator of General
Services, the Archivist of the United States, the Director of
the National Institute of Standards and Technology, and the
Director of the Office of Personnel Management, the Director
shall periodically review selected agency information resources
management activities to ascertain the efficiency and
effectiveness of such activities to improve agency performance
and the accomplishment of agency missions.
(b) Each agency having an activity reviewed under subsection
(a) shall, within 60 days after receipt of a report on the
review, provide a written plan to the Director describing steps
(including milestones) to--
(1) be taken to address information resources
management problems identified in the report; and
(2) improve agency performance and the accomplishment
of agency missions.
(c) Comparable Treatment.--Notwithstanding any other
provision of law, the Director shall treat or review a rule or
order prescribed or proposed by the [Director of the] Bureau of
Consumer Financial Protection on the same terms and conditions
as apply to any rule or order prescribed or proposed by the
Board of Governors of the Federal Reserve System.
* * * * * * *
----------
DISTRICT OF COLUMBIA HOME RULE ACT
* * * * * * *
TITLE VI--RESERVATION OF CONGRESSIONAL AUTHORITY
* * * * * * *
limitations on the council
Sec. 602. (a) The Council shall have no authority to pass any
act contrary to the provisions of this Act except as
specifically provided in this Act, or to--
(1) impose any tax on property of the United States
or any of the several States;
(2) lend the public credit for support of any private
undertaking;
(3) enact any act, or enact any act to amend or
repeal any Act of Congress, which concerns the
functions or property of the United States or which is
not restricted in its application exclusively in or to
the District;
(4) enact any act, resolution, or rule with respect
to any provision of title 11 of the District of
Columbia Code (relating to organization and
jurisdiction of the District of Columbia courts);
(5) impose any tax on the whole or any portion of the
personal income, either directly or at the source
thereof, of any individual not a resident of the
District (the terms ``individual'' and ``resident'' to
be understood for the purposes of this paragraph as
they are defined in section 4 of title I of the
District of Columbia Income and Franchise Tax Act of
1947);
(6) enact any act, resolution, or rule which permits
the building of any structure within the District of
Columbia in excess of the height limitations contained
in section 5 of the Act of June 1, 1910 (D.C. Code,
sec. 5-405), and in effect on the date of enactment of
this Act;
(7) enact any act, resolution, or regulation with
respect to the Commission of Mental Health;
(8) enact any act or regulation relating to the
United States District Court for the District of
Columbia or any other court of the United States in the
District other than the District courts, or relating to
the duties or powers of the United States attorney or
the United States Marshal for the District of Columbia;
(9) enact any act, resolution, or rule with respect
to any provision of title 23 of the District of
Columbia Code (relating to criminal procedure), or with
respect to any provision of any law codified in title
22 or 24 of the District of Columbia Code (relating to
crimes and treatment of prisoners), or with respect to
any criminal offense pertaining to articles subject to
regulation under chapter 32 of title 22 of the District
of Columbia Code, during the forty-eight full calendar
months immediately following the day on which the
members of the Council first elected pursuant to this
Act take office; [or]
(10) enact any act, resolution, or rule with respect
to the District of Columbia Financial Responsibility
and Management Assistance Authority established under
section 101(a) of the District of Columbia Financial
Responsibility and Management Assistance Act of
1995[.]; or;
(11) enact any act, resolution, rule, regulation,
guidance, or other law to permit any person to carry
out any activity, or to reduce the penalties imposed
with respect to any activity, to which subsection (a)
of section 3 of the Assisted Suicide Funding
Restriction Act of 1997 (42 U.S.C. 14402) applies
(taking into consideration subsection (b) of such
section).
(b) Nothing in this Act shall be construed as vesting in the
District government any greater authority over the National
Zoological Park, the National Guard of the District of
Columbia, the Washington Aqueduct, the National Capital
Planning Commission, or, except as otherwise specifically
provided in this Act, over any Federal agency, than was vested
in the Commissioner prior to the effective date of title IV of
this Act.
(c)(1) Except acts of the Council which are submitted to the
President in accordance with the Budget and Accounting Act,
1921, any act which the Council determines according to section
412(a), should take effect immediately because of emergency
circumstances, and acts proposing amendments to title IV of
this Act and except as provided in section 462(c) and section
472(d)(1), the Chairman of the Council shall transmit to the
Speaker of the House of Representatives, and the President of
the Senate a copy of each act passed by the Council and signed
by the Mayor, or vetoed by the Mayor and repassed by two-thirds
of the Council present and voting, each act passed by the
Council and allowed to become effective by the Mayor without
his signature, and each initiated act and act subject to
referendum which has been ratified by a majority of the
registered qualified electors voting on the initiative or
referendum. Except as provided in paragraph (2), such act shall
take effect upon the expiration of the 30-calendar-day period
(excluding Saturdays, Sundays, and holidays, and any day on
which neither House is in session because of an adjournment
sine die, a recess of more than three days, or an adjournment
of more than three days) beginning on the day such act is
transmitted by the Chairman to the Speaker of the House of
Representatives and the President of the Senate, or upon the
date prescribed by such act, whichever is later, unless during
such 30-day period, there has been enacted into law a joint
resolution disapproving such act. In any case in which any such
joint resolution disapproving such an act has, within such 30-
day period, passed both Houses of Congress and has been
transmitted to the President, such resolution, upon becoming
law, subsequent to the expiration of such 30-day period, shall
be deemed to have repealed such act, as of the date such
resolution becomes law. The provisions of section 604, except
subsections (d), (e), and (f) of such section, shall apply with
respect to any joint resolution disapproving any act pursuant
to this paragraph.
(2) In the case of any such Act transmitted by the Chairman
with respect to any Act codified in title 22, 23, or 24 of the
District of Columbia Code, such act shall take effect at the
end of the 60-day period beginning on the day such act is
transmitted by the Chairman to the Speaker of the House of
Representatives and the President of the Senate unless, during
such 60-day period, there has been enacted into law a joint
resolution disapproving such act. In any case in which any such
joint resolution disapproving such an act has, within such 60-
day period, passed both Houses of Congress and has been
transmitted to the President, such resolution, upon becoming
law subsequent to the expiration of such 60-day period shall be
deemed to have repealed such act, as of the date such
resolution becomes law. The provisions of section 604, relating
to an expedited procedure for consideration of joint
resolutions, shall apply to a joint resolution disapproving
such Act as specified in this paragraph.
(3) The Council shall submit with each Act transmitted under
this subsection an estimate of the costs which will be incurred
by the District of Columbia as a result of the enactment of the
Act in each of the first 4 fiscal years for which the Act is in
effect, together with a statement of the basis for such
estimate.
* * * * * * *
----------
DISTRICT OF COLUMBIA OFFICIAL CODE
* * * * * * *
TITLE 7--HUMAN HEALTH CARE AND SAFETY
* * * * * * *
[CHAPTER 6B--PHYSICIAN ASSISTED DEATH
[Sec. 7-661.01. Definitions
[For the purposes of this chapter, the term:
[(1) ``Attending physician'' shall have the same
meaning as provided in Sec. 7-621(1); provided, that
the attending physician's practice shall not be
primarily or solely composed of patients requesting a
covered medication.
[(2) ``Capable'' means that, in the opinion of a
court or the patient's attending physician, consulting
physician, psychiatrist, or psychologist, a patient has
the ability to make and communicate health care
decisions to health care providers.
[(3) ``Consulting physician'' means a physician who
is qualified by specialty or experience to make a
professional diagnosis and prognosis regarding the
patient's disease and who is willing to participate in
the provision of a covered medication to a qualified
patient in accordance with this chapter.
[(4) ``Counseling'' means one or more consultations
as necessary between a District licensed psychiatrist
or psychologist and a patient for the purpose of
determining that the patient is capable and not
suffering from a psychiatric or psychological disorder
or depression causing impaired judgment.
[(5) ``Covered medication'' means a medication
prescribed pursuant to this chapter for the purpose of
ending a person's life in a humane and peaceful manner.
[(6) ``Department'' means the Department of Health.
[(7) ``Health care facility'' means a hospital or
long-term care facility.
[(8) ``Health care provider'' means a person,
partnership, corporation, facility, or institution that
is licensed, certified, or authorized under District
law to administer health care or dispense medication in
the ordinary course of business or practice of a
profession.
[(9) ``Hospital'' shall have the same meaning as
provided in Sec. 44-501(a)(1).
[(10) ``Informed decision'' means a decision by a
qualified patient to request and obtain a prescription
for a covered medication that is based on an
appreciation of the relevant facts and is made after
being fully informed by the attending physician of:
[(A) His or her medical diagnosis;
[(B) His or her prognosis;
[(C) The potential risks associated with
taking the covered medication;
[(D) The probable results of taking the
covered medication; and
[(E) Feasible alternatives to taking the
covered medication, including comfort care,
hospice care, and pain control.
[(11) ``Long-term care facility'' means a nursing
home or community residence facility, as defined by
Sec. 44-501(a)(3) and (4), or an assisted living
residence, as defined by Sec. 44-102.01(4).
[(12) ``Medically confirmed'' means the medical
opinion of the attending physician has been confirmed
by a consulting physician who has examined the patient
and the patient's relevant medical records.
[(13) ``Patient'' means a person who has attained 18
years of age, resides in the District of Columbia, and
is under the care of a physician.
[(14) ``Physician'' shall have the same meaning as
provided in Sec. 7-621(4).
[(15) ``Qualified patient'' means a patient who:
[(A) Has been determined to be capable; and
[(B) Satisfies the requirements of this
chapter in order to obtain a prescription for a
covered medication.
[(16) ``Terminal disease'' means an incurable and
irreversible disease that has been medically confirmed
and will, within reasonable medical judgment, result in
death within 6 months.
[Sec. 7-661.02. Requests for a covered medication
[(a) To request a covered medication, a patient shall:
[(1) Make 2 oral requests, separated by at least 15
days, to an attending physician.
[(2) Submit a written request, signed and dated by
the patient, to the attending physician before the
patient makes his or her 2nd oral request and at least
48 hours before a covered medication may be prescribed
or dispensed.
[(b)(1) A written request made pursuant to subsection (a)(2)
of this section shall be witnessed by at least 2 individuals
who, in the presence of the patient, attest to the best of
their knowledge and belief that the patient is capable, acting
voluntarily, and is not being unduly influenced to sign the
request.
[(2) If the patient is a patient in a long-term care facility
at the time the written request is made under subsection (a)(2)
of this section, one of the witnesses shall be an individual
designated by the facility who has met the qualifications
specified in the Department's regulations.
[(3) One of the witnesses shall be a person who is not:
[(A) A relative of the patient by blood, marriage, or
adoption;
[(B) At the time the request is signed, entitled to
any portion of the estate of the qualified patient upon
death under any will or by operation of law; or
[(C) An owner, operator, or employee of a health care
facility where the qualified patient is receiving
medical treatment or is a resident.
[(4) The patient's attending physician at the time of the
request shall not be a witness.
[(c) A written request made pursuant to subsection (a)(2) of
this section shall be in substantially the following form:
[Sec. 7-661.03. Responsibilities of the attending physician
[(a) Upon receiving a written request for a covered
medication pursuant to Sec. 7-661.02(a)(2), the attending
physician shall:
[(1) Determine that the patient:
[(A) Has a terminal disease;
[(B) Is capable;
[(C) Has made the request voluntarily; and
[(D) Is a resident of the District of
Columbia;
[(2) Inform the patient of:
[(A) His or her medical diagnosis;
[(B) His or her prognosis;
[(C) The potential risks associated with
taking a covered medication;
[(D) The probable result of taking a covered
medication; and
[(E) The feasible alternatives to taking a
covered medication, including comfort care,
hospice care, and pain control;
[(3) Refer the patient to a consulting physician;
[(4) Refer the patient to counseling if appropriate,
pursuant to Sec. 7-661.04;
[(5) Inform the patient of the availability of
supportive counseling to address the range of possible
psychological and emotional stress involved with the
end stages of life;
[(6) Recommend that the patient notify next of kin,
friends, and spiritual advisor, if applicable, of his
or her decision to request a covered medication;
[(7) Counsel the patient about the importance of
having another person present when the patient takes a
covered medication and of not taking a covered
medication in a public place;
[(8) Inform the patient that he or she has an
opportunity to rescind a request for a covered
medication at any time and in any manner;
[(9) Verify, immediately before writing the
prescription for a covered medication, that the patient
is making an informed decision; and
[(10) Fulfill the medical record documentation
requirements of Sec. 7-661.06.
[(b) If a consulting physician receives a referral for a
patient from an attending physician pursuant to subsection
(a)(3) of this section, the consulting physician shall:
[(1) Examine the patient and his or her relevant
medical records to confirm, in writing, the attending
physician's diagnosis that the patient is suffering
from a terminal disease;
[(2) Verify, in writing, to the attending physician
that the patient:
[(A) Is capable;
[(B) Is acting voluntarily; and
[(C) Has made an informed decision; and
[(3) Refer the patient to counseling if appropriate,
pursuant to Sec. 7-661.04.
[Sec. 7-661.04. Counseling referral
[(a) If, in the opinion of the attending physician or the
consulting physician, a patient may be suffering from a
psychiatric or psychological disorder or depression causing
impaired judgment, either physician shall refer the patient to
counseling.
[(b) No covered medication shall be prescribed until the
patient receives counseling and the psychiatrist or
psychologist performing the counseling determines that the
patient is not suffering from a psychiatric or psychological
disorder or depression causing impaired judgment.
[Sec. 7-661.05. Dispensing a covered medication and reporting
requirements
[(a) An attending physician may not prescribe or dispense a
covered medication, unless:
[(1) The patient has satisfied the requirements of
Sec. Sec. 7-661.02 and 7-661.04, if applicable;
[(2) The attending physician has satisfied the
requirements of Sec. Sec. 7-661.03 and 7-661.04, if
applicable; and
[(3) The attending physician has offered the patient
an opportunity to rescind his or her request for a
covered medication immediately before prescribing or
dispensing the covered medication.
[(b) After the attending physician ensures that the
requirements provided in subsection (a) of this section have
been met, the attending physician may:
[(1) Dispense a covered medication, including
ancillary medications intended to minimize the
patient's discomfort, directly to the qualified
patient; provided, that the attending physician is
authorized to do so in Sec. 48-903.02 and has a
current Drug Enforcement Administration certificate
issued pursuant to 21 C.F.R. Sec. 1301.35; or
[(2) After a qualified patient completes the form
under Sec. 7-661.02(c):
[(A) Contact a pharmacist and inform the
pharmacist of the prescription for a covered
medication; and
[(B) Deliver the written prescription for a
covered medication personally, or by telephone,
facsimile, or electronically to the pharmacist.
[(c) Upon receiving a written prescription for a covered
medication by an attending physician under subsection (b)(2) of
this section, the pharmacist may dispense the covered
medication to the following:
[(A) The patient;
[(B) The attending physician; or
[(C) An expressly identified agent designated by the
qualified patient, with the designation communicated to
the pharmacist by the patient verbally or in writing.
[(d) A pharmacist, upon dispensing a covered medication under
subsection (c) of this section, shall immediately notify the
attending physician that the covered medication was dispensed.
[(e) Within 30 days after a health care provider dispenses a
covered medication, the attending physician shall file with the
Department a copy of the information required by Sec. 7-661.06
on a form created by the Department.
[(f) Within 30 days after a patient ingests a covered
medication, or as soon as practicable after the a health care
provider is made aware of a patient's death resulting from
ingesting the covered medication, the health care provider
shall notify the Department of a patient's death.
[(g) Notwithstanding any other provision of law, the
attending physician may sign the patient's death certificate.
[(h) The cause of death listed on a death certificate shall
identify the qualified patient's underlying medical condition
consistent with the International Classification of Diseases
without reference to the fact that the qualified patient
ingested a covered medication.
[(i)(1) The Office of the Chief Medical Examiner shall review
each death involving a qualified patient who ingests a covered
medication and, if warranted by the review, may conduct an
investigation.
[(2) The review required by paragraph (1) of this subsection
shall not constitute an inquiry for the purposes of Sec. 7-
211; provided, that an investigation authorized by paragraph
(1) of this subsection shall constitute an inquiry for the
purposes of Chapter 2 of this title.
[Sec. 7-661.06. Medical record documentation requirements
[(a) The attending physician shall document and file in the
medical record of the patient requesting a covered medication:
[(1) All oral requests by a patient for a covered
medication;
[(2) All written requests by a patient for a covered
medication;
[(3) The attending physician's:
[(A) Diagnosis and prognosis of the patient;
[(B) Determination that the patient is a
District resident and is capable, acting
voluntarily, and has made an informed decision
when requesting a covered medication;
[(C) Offer to the patient to rescind his or
her request for a covered medication before the
patient makes his or her second oral request;
[(D) Notation that all requirements under
this chapter have been met; and
[(E) Notation regarding all steps taken to
carry out the patient's request for a covered
medication, including a notation of the covered
medication prescribed;
[(4) The consulting physician's:
[(A) Diagnosis and prognosis of the patient;
[(B) Verification that the patient is
capable, acting voluntarily, and has made an
informed decision when requesting a covered
medication; and
[(5) If a patient is referred to counseling pursuant
to Sec. 7-661.04, a report by the psychiatrist or
psychologist of the outcome and determinations made
during counseling.
[Sec. 7-661.07. Reporting requirements
[(a) Beginning one year after February 18, 2017, and on an
annual basis thereafter, the Department shall review the
records maintained under Sec. 7-661.06 for the purpose of
gathering data and ensuring compliance with this chapter.
[(b) The Department shall generate and make available to the
public an annual statistical report of information collected
pursuant to subsection (a) of this section. The report shall
include:
[(1) The number of qualified patients for whom a
prescription for a covered medication was written;
[(2) The number of known qualified patients who died
each year for whom a prescription for a covered
medication was written, and the cause of death of those
patients;
[(3) The number of known deaths in the District from
using a covered medication;
[(4) The number of physicians who wrote prescriptions
for a covered medication; and
[(5) Of the qualified patients who died due to using
a covered medication, demographic percentages organized
by the following characteristics:
[(A) Age at death;
[(B) Education level, if known;
[(C) Race;
[(D) Sex;
[(E) Type of insurance, including whether or
not they had insurance, if known; and
[(F) Terminal disease.
[Sec. 7-661.08. Effect on construction of wills and contracts
[(a) A provision in a contract, will, or other agreement
executed on or after February 18, 2017, whether written or
oral, is not valid if the provision would affect whether a
person may make or rescind a request for a covered medication.
[(b) An obligation owing under any contract, will, or other
agreement executed on or after February 18, 2017 may not be
conditioned or affected by a person making or rescinding a
request for a covered medication.
[Sec. 7-661.09. Insurance and annuity policies
[(a) The sale, procurement, or issuance of any life, health,
accident insurance, annuity policy, employment benefits, or the
rate charged for any policy may not be conditioned upon or
affected by the making or rescinding of a qualified patient's
request for a covered medication.
[(b) A qualified patient's act of ingesting a covered
medication shall not have an effect upon a life, health,
accident insurance, annuity policy, or employment benefits.
[(c) Nothing in this section shall be construed to limit the
ability of an insurance or annuity provider from investigating
a claim for benefits for a death.
[Sec. 7-661.10. Health care provider participation; notification;
permissible sanctions
[(a) No health care provider shall be obligated under this
chapter, by contract, or otherwise, to participate in the
provision of a covered medication to a qualified patient.
[(b) If a health care provider is unable or unwilling to
carry out a patient's request for a covered medication under
this chapter and the patient transfers his or her care to a new
health care provider, the prior health care provider shall
transfer, upon request of the patient, a copy of the patient's
relevant medical records to the new health care provider.
[(c) A health care provider may prohibit any other health
care provider that it employs or contracts with from providing
a covered medication under this chapter on the prohibiting
health care provider's premises; provided, that the prohibiting
health care provider has notified the health care provider of
this policy before the employee or contractor has provided a
covered medication.
[(d) Notwithstanding Sec. 7-661.11, if, before a covered
medication has been provided, the prohibiting health care
provider has notified the sanctioned health care provider that
it prohibits providing a covered medication under this chapter,
the prohibiting health care provider may impose the following
sanctions:
[(1) Loss of privileges, loss of membership, or other
sanction pursuant to the prohibiting health care
provider's medical staff bylaws, policies, and
procedures, if the sanctioned health care provider is a
member of the prohibiting health care provider's
medical staff and participates under this chapter while
on staff on the premises of the prohibiting health care
provider's health care facility;
[(2) Termination of the lease or other property
contract or other nonmonetary remedies provided under
the lease or property contract, not including loss or
restriction of medical staff privileges or exclusion
from a provider panel, if the sanctioned health care
provider participates under this chapter while on the
premises of a prohibiting health care provider's health
care facility or on the property that is owned by or
under the direct control of the prohibiting health care
provider;
[(3) Termination of an employment contract or other
nonmonetary remedies provided by contract if the
sanctioned health care provider participates under this
chapter in the course and scope of the sanctioned
health care provider's duties as an employee or
independent contractor of the prohibiting health care
provider; or
[(4) Any other sanctions and penalties in accordance
with the prohibiting health care provider's policies
and practices; provided, that no sanctions or penalties
shall be imposed under this paragraph without a
procedure for contesting the sections and penalties.
[(e) Nothing in this section shall be construed to prevent:
[(1) A health care provider from participating under
this chapter while acting outside the course and scope
of the health care provider's duties as an employee or
independent contractor of the prohibiting health care
provider;
[(2) A patient from contracting with his or her
attending physician and consulting physician to act
outside the course and scope of the health care
provider's duties as an employee or independent
contractor of the prohibiting health care provider;
[(3) A health care provider from making an initial
determination pursuant to the standard of care that a
patient has a terminal disease and informing him or her
of the medical prognosis;
[(4) A health care provider from providing
information about this chapter upon the request of the
patient; or
[(5) A health care provider from providing a patient,
upon request, with a referral to another health care
provider.
[(f) Sanctions issued pursuant to subsection (d) of this
section are not reportable under Sec. 3-1205.13(a)(4)(C).
[Sec. 7-661.11. Immunities, liabilities, and exceptions
[(a) Except as provided in Sec. 7-661.10, no person shall be
subject to civil or criminal liability or professional
disciplinary action for:
[(1) Participating in good faith compliance with this
chapter;
[(2) Refusing to participate in providing a covered
medication under this chapter; or
[(3) Being present when a qualified patient takes a
covered medication.
[(b) Nothing in this chapter shall be interpreted to lower
the applicable standard of care for the attending physician,
consulting physician, psychiatrist, psychologist, or other
health care provider participating in this chapter.
[(c) No request by a patient for a covered medication made in
good-faith compliance with the provisions of this chapter shall
provide the basis for the appointment of a guardian or
conservator.
[Sec. 7-661.12. Claims by district government for costs incurred
[If the District government incurs costs resulting from the
death of a qualified patient ingesting a covered medication
pursuant to this chapter in a public place, the District
government shall have a claim against the estate of the
qualified patient to recover such costs and reasonable attorney
fees related to enforcing the claim.
[Sec. 7-661.13. Penalties
[(a) A person who, without authorization of the patient,
willfully alters or forges a request for a covered medication
or conceals or destroys a rescission of a request for a covered
medication with the intent or effect of causing the patient's
death is punishable as a Class A felony.
[(b) A person who, without authorization of the patient,
willfully coerces or exerts undue influence on a patient to
request or ingest a covered medication with the intent or
effect of causing the patient's death is punishable as a Class
A felony.
[Sec. 7-661.14. Rules
[(a) The Mayor, pursuant to subchapter I of Chapter 5 of
Title 2, shall issue rules to:
[(1) Develop the form to collect the medical record
information required by Sec. 7-661.06;
[(2) Facilitate the collection of the medical record
information required by Sec. 7-661.06; and
[(3) Provide for the return of and safe disposal of
unused covered medications.
[(b) The Mayor, pursuant to subchapter I of Chapter 5 of
Title 2, may issue rules to implement the provisions of this
chapter, including rules to:
[(1) Specify the recommended methods by which a
qualified patient, who so desires, may notify first
responders of his or her intent to ingest a covered
medication; and
[(2) Establish training opportunities for the medical
community to learn about the use of covered medications
by qualified patients seeking to die in a humane and
peaceful manner, including best practices for
prescribing the covered medication.
[Sec. 7-661.15. Construction
[(a) Nothing in this chapter may be construed to authorize a
physician or any other person to end a patient's life by lethal
injection, mercy killing, active euthanasia, or any other
method or medication not authorized under this chapter.
[(b) Actions taken in accordance with this chapter do not
constitute suicide, assisted suicide, mercy killing, or
homicide.
[(c) Nothing in this chapter shall be construed to authorize
a qualified patient to ingest a covered medication in a public
place.
[Sec. 7-661.16. Freedom of information act exemption
[The information collected by the Department pursuant to this
chapter shall not be a public record and may not be made
available for inspection by the public under subchapter II of
Chapter 5 of Title 2, or any other law.]
* * * * * * *
TITLE 16. PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS.
* * * * * * *
CHAPTER 55. STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION.
* * * * * * *
[Sec. 16-5505. Exemptions
[(a) This chapter shall not apply to:
[(1) Any claim for relief brought against a person
primarily engaged in the business of selling or leasing
goods or services, if the statement or conduct from
which the claim arises is:
[(A) A representation of fact made for the
purpose of promoting, securing, or completing
sales or leases of, or commercial transactions
in, the person's goods or services; and
[(B) The intended audience is an actual or
potential buyer or customer; and
[(2) Any claim brought by the District government,
including District public charter schools.
[(b) Subsection (a)(2) of this section shall apply:
[(1) As of March 31, 2011; and
[(2) To any claims pending as of November 8. 2021.]
Sec. 16-5505. Exemptions
This chapter shall not apply to any claim for relief brought
against a person primarily engaged in the business of selling
or leasing goods or services, if the statement or conduct from
which the claim arises is:
(1) A representation of fact made for the purpose of
promoting, securing, or completing sales or leases of,
or commercial transactions in, the person's goods or
services; and
(2) The intended audience is an actual or potential
buyer or customer.
* * * * * * *
----------
SECTION 3014 OF THE SCHOLORSHIPS FOR OPPORTUNITY AND RESULTS ACT
SEC. 3014. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$60,000,000 for fiscal year 2012 and for each fiscal year
through fiscal year [2023] 2027, of which--
(1) [one-third] one-half shall be made available to
carry out the opportunity scholarship program under
this division for each fiscal year;
(2) [one-third] one-sixth shall be made available to
carry out section 3004(b)(1) for each fiscal year; and
(3) one-third shall be made available to carry out
section 3004(b)(2) for each fiscal year.
(b) Apportionment.--If the total amount of funds appropriated
under subsection (a) for a fiscal year does not equal
$60,000,000, the funds shall be apportioned in the manner
described in subsection (a) for such fiscal year.
(c) Availability.--Amounts appropriated under subsection
(a)(1), including amounts appropriated and available under such
subsection before the date of enactment of the SOAR Funding
Availability Act, shall remain available until expended.
(d) Effective date.--The amendments made by this section
shall take effect on the date of enactment of this section.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY
The following table provides a detailed summary, for each
Department and agency, comparing the amounts recommended in the
bill with amounts enacted for fiscal year 2023 and budget
estimates presented for fiscal year 2024.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISSENTING VIEWS
The Financial Services and General Government (FSGG) bill
funds critical programs that impact the lives of every American
in their capacity as consumers, as investors, and as taxpayers.
The bill's jurisdiction covers a diverse range of agencies
including those that provide oversight and regulation of the
financial and telecommunications industries, manage government
buildings and infrastructure projects, and oversee the federal
workforce. In addition, funding in this bill supports the
operations of the White House, the Federal Judiciary, and the
District of Columbia.
We appreciate Chairman Womack's efforts in assembling the
Fiscal Year (FY) 2024 FSGG bill. We were pleased to cooperate
with the Chairman to identify areas of common ground. However,
the overwhelming share of funding decisions and policy
provisions in this bill reflect an unprecedented degree of
focus on partisan priorities from the Majority's side.
The bill's FY 2024 allocation is $11.3 billion, 58 percent
below the 2023 level and 64 percent below the President's
budget request.
President Biden, Speaker McCarthy, and 314 House Members
came together to enact a law to address the deficit. Now that
agreement is not being honored because of a small but willful
minority. The bill breaks this agreement by rescinding over $13
billion in funding from the Inflation Reduction Act.
Perhaps the most egregious cut in this bill targets the IRS
and its enforcement abilities. For decades, the IRS has been
severely under-funded. This funding supports IRS revenue agents
with the expertise necessary to conduct complex, high-income
audits. Less funding means fewer agents. Meanwhile, the number
of tax returns filed, and the GDP have both increased. These
reckless budget and staffing cuts have caused the number of IRS
audits on the wealthiest Americans to plummet.
Instead of addressing this problem, this legislation
exacerbates it with a cut to IRS enforcement, protecting high-
earners and corporations. Such a drastic cut has severe
consequences for our government to collect the owed taxes it
needs to serve the people. Cutting enforcement funding reduces
revenue and increases the debt. The result is the same as
simply reducing taxes on wealthy Americans--a cause Republicans
have also championed. Republicans claim to be the party of
fiscal responsibility. This legislation is a dereliction of
that responsibility.
Other Treasury Department functions that are key to
national security--the Financial Crimes Enforcement Network and
the office of Terrorism and Financial Intelligence are also
irresponsibly cut. We hear a great deal from the other side of
the aisle talk about wanting to be ``tough on China'' and yet,
the bill includes no funding for the Administration's efforts
to restrict outbound investment in countries that threaten our
national security.
This bill makes it harder to enforce the law by imposing
irresponsible cuts on key regulatory agencies and resources.
That includes the Federal Trade Commission (FTC), the
Securities Exchange Commission (SEC), the Consumer Financial
Protection Bureau, the Consumer Products Safety Commission, the
Federal Communications Commission (FCC), and DC's Emergency
Planning and Security Costs account. In doing so, this bill
leaves Americans vulnerable to a variety of threats--from fraud
and scams to dangerous products that can harm and even kill
adults and children.
Additionally, the bill doesn't provide any funding for
Election Assistance Commission Election Security Grants, making
our elections more vulnerable to interference and tampering,
about which Republicans have been so outspoken.
Another particularly irresponsible cut targets the General
Services Administration (GSA), which functions as the Federal
Government's developer and landlord. This includes no funding
for the Technology Modernization Fund or the Electric Vehicles
Fund.
The bill provides no funding for a much-needed
consolidation and modernization for the headquarters of the
Federal Bureau Investigations (FBI). The current FBI
headquarters is in such disrepair that it constitutes a
national security threat by preventing FBI employees from
having access to necessary and secure facilities to do their
important work protecting our nation. This project has been
years in the making, and this lack of funding stalls the nation
in addressing this urgently needed infrastructure improvement.
Each year that project is delayed costs taxpayers $268 million
dollars and undermines FBI's mission and the safety of its
employees.
Cuts to the Small Business Administration would cut off
assistance and resources that help small businesses start,
grow, and compete. At a time when our economy is returning
following pandemic business closures, this reduction is
especially irresponsible.
The bill contains numerous harmful riders on a wide range
of topics. They prohibit the government from improving
diversity and equality, limit our ability to combat climate
change, further undermine FTC and SEC consumer protections,
restrict reproductive health-care access, and interfere with
the home rule authority of the District of Columbia.
The Committee adopted several additional outrageous
amendments that would significantly further weaken the SEC,
FTC, outbound investment review at Treasury, and home rule in
the District of Columbia. One amendment adopted would permit
concealed carry of firearms in the District of Columbia and on
public transportation.
In an effort to improve the bill, Rep. Pocan offered an
amendment to strike a provision that would prohibit the IRS
from developing a free electronic filing software for all
Americans.
Rep. Torres offered an amendment to strike these harmful
provisions and protect a woman's right to make legal and
private health choices without government interference. By
opposing adoption of this amendment, the Republican Majority
continued its hypocritical allegiance to limited government,
until it concerns a women's right to choose.
Rep. Aguilar offered an amendment, which was not adopted,
to make sure that Dreamers, certain non-criminal immigrants
that entered the country as children and remain without U.S.
citizenship, can lend their talents to the Federal workforce.
These poison-pill riders are utterly unnecessary and make
completing the appropriations process much more difficult.
In a rare instance of bipartisanship, Committee Members on
both sides of the aisle united to defeat an amendment which
would have rescinded all the unobligated funding for the new
consolidated FBI Headquarters.
All across the bill, these unwise cuts will reduce the
ability of the government to effectively protect consumers and
investors and investigate tax cheats and collect revenues.
Overall, the proposed spending reductions are not fiscally
responsible since they will actually increase costs in the
future through reduced revenue and diminished enforcement. As a
consequence, we are gravely concerned that the bill fails to
make the necessary investments to confront the challenges
facing this nation. Of equal concern are the reckless and ill-
advised policy riders that do not belong on an appropriations
bill. Many of these provisions threaten to impose even greater
damage to the nation's democratic principles and core financial
infrastructure.
Rosa L. DeLauro.
Steny H. Hoyer.
[all]