[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.

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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.

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       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.

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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.

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                      ELECTRONIC FUND TRANSFER ACT

Sec. 901. Short title

  This title may be cited as the ``Electronic Fund Transfer 
Act''.

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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.

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                              ----------                              


                    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.

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                   DISTRICT OF COLUMBIA HOME RULE ACT



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TITLE VI--RESERVATION OF CONGRESSIONAL AUTHORITY

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                       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.

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                   DISTRICT OF COLUMBIA OFFICIAL CODE



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TITLE 7--HUMAN HEALTH CARE AND SAFETY

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                 [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.]

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TITLE 16. PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS.

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CHAPTER 55. STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION.

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[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]