Financial Services and General Government Appropriations Act, 2019
Provides FY2019 appropriations to the Department of the Treasury, the Executive Office of the President, the judiciary, the District of Columbia, and several independent agencies.
Department of the Treasury Appropriations Act, 2019
Provides appropriations to the Department of the Treasury, including the Internal Revenue Service.
Executive Office of the President Appropriations Act, 2019
Provides appropriations for the Executive Office of the President and Funds Appropriated to the President.
Judiciary Appropriations Act, 2019
Provides appropriations to the judiciary, including the U.S. Supreme Court, other federal courts, administrative offices, and the U.S. Sentencing Commission.
District of Columbia Appropriations Act, 2019
Provides appropriations to the District of Columbia, including Federal Funds and District of Columbia Funds.
Provides appropriations to independent agencies, including:
Includes authorizing legislation that:
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6258 Reported in House (RH)]
<DOC>
Union Calendar No. 612
115th CONGRESS
2d Session
H. R. 6258
[Report No. 115-792]
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2019, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2018
Mr. Graves of Georgia, from the Committee on Appropriations, reported
the following bill; which was committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2019, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2019, and for
other purposes, namely:
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for,
real properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy activities;
domestic finance and tax policy activities, including technical
assistance to Puerto Rico; and Treasury-wide management policies and
programs activities, $208,751,000: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $700,000 is for official reception and
representation expenses, of which necessary amounts shall be
available for expenses to support activities of the Financial
Action Task Force, and not to exceed $350,000 shall be
available for other official reception and representation
expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2020, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Critical Infrastructure Protection
and Compliance Policy, including entering into
cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, money launderers, drug kingpins, and other
national security threats, $161,000,000: Provided, That of the amounts
appropriated under this heading, up to $10,000,000 shall remain
available until September 30, 2020.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $25,208,000, to remain
available until September 30, 2021: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
the Chief Information Officer of the individual offices and bureaus
shall submit a spend plan for each investment to the Treasury Chief
Information Officer for approval: Provided further, That the submitted
spend plan shall be reviewed and approved by the Treasury Chief
Information Officer prior to the obligation of funds under this
heading: Provided further, That of the total amount made available
under this heading $1,000,000 shall be available for administrative
expenses for the Treasury Chief Information Officer to provide
oversight of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant any other
amounts made available to the Treasury Chief Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $8,000,000, to
remain available until September 30, 2021: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
fund for america's kids and grandkids
There is established in the Treasury a fund to be known as the
``Fund for America's Kids and Grandkids'' (the ``Fund''): Provided,
That in addition to amounts otherwise made available by this Act, there
is appropriated to the Fund $585,000,000 for the sole purpose of
government efficiencies: Provided further, That amounts in the Fund may
not be obligated until after the date that the Secretary of the
Treasury certifies in the annual Financial Report of the United States
Government that the Federal budget deficit equals $0 or that there is a
budget surplus: Provided further, That no amounts may be transferred
from the Fund.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$37,044,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2020, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $170,834,000, of which $5,000,000 shall remain
available until September 30, 2020; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not to exceed
$500,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $28,800,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $12,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$117,800,000, of which not to exceed $34,335,000 shall remain available
until September 30, 2021.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $338,280,000; of which not to exceed $4,210,000, to remain
available until September 30, 2021, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$123,527,000; of which not to exceed $6,000 for official reception and
representation expenses; and of which not to exceed $50,000 shall be
available for cooperative research and development programs for
laboratory services; and provision of laboratory assistance to State
and local agencies with or without reimbursement: Provided, That of
the amount appropriated under this heading, $5,000,000 shall be for the
costs of accelerating the processing of formula and label applications:
Provided further, That of the amount appropriated under this heading,
$5,000,000, to remain available until September 30, 2020, shall be for
the costs associated with enforcement of the trade practice provisions
of the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2019 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvements Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-3, $216,000,000. Of the amount
appropriated under this heading--
(1) not less than $121,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to
Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2019, for financial assistance, technical assistance,
training, and outreach under subparagraphs (A) and (B) of
section 108(a)(1), respectively, of Public Law 103-325 (12
U.S.C. 4707(a)(1)(A) and (B)), of which up to $2,527,250 may be
used for the cost of direct loans, and of which up to
$3,000,000, notwithstanding subsection (d) of section 108 of
Public Law 103-325 (12 U.S.C. 4707 (d)), may be available to
provide financial assistance, technical assistance, training,
and outreach to community development financial institutions to
expand investments that benefit individuals with disabilities:
Provided, That the cost of direct and guaranteed loans,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $25,000,000; Provided further, That with regard to
financial assistance awards made pursuant to this paragraph,
excluding those made to community development financial
institutions to expand investments that benefit individuals
with disabilities, priority shall be placed on providing
assistance to community development financial institutions that
have provided no less than 15 percent of their total financial
products to recipients in persistent poverty counties, as
measured by a three year average of their activity;
(2) not less than $13,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2019, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities
and provided primarily through qualified community development
lender organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations, and
other suitable providers;
(3) not less than $19,000,000 is available until September
30, 2020, for the Bank Enterprise Award program;
(4) not less than $15,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2019, for a
Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose of
offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) up to $23,000,000 is available until September 30,
2019, for administrative expenses, including administration of
CDFI fund programs and the New Markets Tax Credit Program, of
which not less than $1,000,000 is for development of tools to
better assess and inform CDFI investment performance, and up to
$300,000 is for administrative expenses to carry out the direct
loan program; and
(6) during fiscal year 2019, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, That such section 114A
shall remain in effect until December 31, 2019: Provided
further, That of the funds awarded under this heading, not less
than 10 percent shall be used for awards that support
investments that serve populations living in persistent poverty
counties: Provided further, That for the purposes of this
paragraph and paragraph (1) above, the term ``persistent
poverty counties'' means any county that has had 20 percent or
more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses and
the 2011-2015 5-year data series available from the American
Community Survey of the Census Bureau.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,491,554,000, of which not less than
$8,890,000 shall be for the Tax Counseling for the Elderly Program, of
which not less than $12,000,000 shall be available for low-income
taxpayer clinic grants, and of which not less than $15,000,000, to
remain available until September 30, 2020, shall be available for a
Community Volunteer Income Tax Assistance matching grants program for
tax return preparation assistance; of which not less than $207,000,000
shall be available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for the Taxpayer
Advocate Service, not less than $5,000,000 shall be for identity theft
and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,860,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2020, and of
which not less than $60,257,000 shall be for the Interagency Crime and
Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,988,000,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2020; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2020, for research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided, That not
later than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate and the Comptroller General
of the United States detailing the cost and schedule performance for
its major information technology investments, including the purpose and
life-cycle stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and strategies the
Internal Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to be
incurred in the next quarter: Provided further, That the Internal
Revenue Service shall include, in its budget justification for fiscal
year 2020, a summary of cost and schedule performance information for
its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $200,000,000, to remain available until
September 30, 2021, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 30 days after the end of
each quarter, the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General of the United States detailing the
cost and schedule performance for major information technology
investments, including the purposes and life-cycle stages of the
investments; the reasons for any cost and schedule variances; the risks
of such investments and the strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental milestones
to be achieved and costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the
Treasury Inspector General for Tax Administration entitled ``Review of
the August 2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program or
process takes into account the conduct and Federal tax
compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 111. Except to the extent provided in section 6014, 6020, or
6201(d) of the Internal Revenue Code of 1986, no funds in this or any
other Act shall be available to the Secretary of the Treasury to
provide to any person a proposed final return or statement for use by
such person to satisfy a filing or reporting requirement under such
Code.
Sec. 112. None of the funds made available by this Act may be used
by the Internal Revenue Service to deny tax exemption under section
501(a) of the Internal Revenue Code of 1986 with respect to a church,
an integrated auxiliary of a church, or a convention or association of
churches for participating in, or intervening in, any political
campaign on behalf of (or in opposition to) any candidate for public
office unless--
(1) the Commissioner of Internal Revenue determines that
the exemption should be denied;
(2) not later than 30 days after such determination, the
Commissioner notifies the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate of such determination; and
(3) such denial is effective not earlier than 90 days after
the date of the notification under paragraph (2).
Sec. 113. In addition to the amounts otherwise made available in
this Act for the Internal Revenue Service, $77,000,000, to be available
until September 30, 2020, shall be transferred by the Commissioner to
the ``Taxpayer Services'', ``Enforcement'', or ``Operations Support''
accounts of the Internal Revenue Service for an additional amount to be
used solely for carrying out Public Law 115-97: Provided, That such
funds shall not be available until the Commissioner submits to the
Committees on Appropriations of the House of Representatives and the
Senate a spending plan for such funds.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 114. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 115. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Special
Inspector General for the Troubled Asset Relief Program'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between
such appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 116. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 117. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 118. The Secretary of the Treasury may transfer funds from
the ``Bureau of the Fiscal Service-Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 120. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 121. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2019 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2019.
Sec. 122. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 123. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate and
the House of Representatives not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 124. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 125. During fiscal year 2019 --
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for
the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535 (November
29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 126. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives and the
Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 127. Amounts made available under the heading ``Office of
Terrorism and Financial Intelligence'' shall be available to reimburse
the ``Departmental Offices--Salaries and Expenses'' account for
expenses incurred in such account for reception and representation
expenses to support activities of the Financial Action Task Force.
Sec. 128. (a) None of the funds made available by this Act may be
used to approve, license, facilitate, authorize, or otherwise allow the
use, purchase, trafficking, or import of property confiscated by the
Cuban Government.
(b) In this section, the terms ``confiscated'', ``Cuban
Government'', ``property'', and ``traffic'' have the meanings given
such terms in paragraphs (4), (5), (12)(A), and (13), respectively, of
section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act
of 1996 (22 U.S.C. 6023).
Sec. 129. (a) None of the funds made available in this Act may be
used to authorize a general license or approve a specific license under
section 501.801 or 515.527 of title 31, Code of Federal Regulations,
with respect to a mark, trade name, or commercial name that is the same
as or substantially similar to a mark, trade name, or commercial name
that was used in connection with a business or assets that were
confiscated unless the original owner of the mark, trade name, or
commercial name, or the bona-fide successor-in-interest has expressly
consented.
(b) In this section, the term ``confiscated'' has a meaning given
such term in section 4(4) of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023(4)).
Sec. 130. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended to provide for the
enforcement of any rule, regulation, policy, or guideline implemented
pursuant to the Department of the Treasury ``Guidance for United States
Positions on MDBs Engaging with Developing Countries on Coal-Fired
Power Generation'' dated October 29, 2013, when enforcement of such
rule, regulation, policy, or guideline would prohibit or have the
effect of prohibiting, the carrying out of any coal-fired or other
power generation project the purpose of which is to increase exports of
goods and services from the United States or prevent the loss of jobs
from the United States.
Sec. 131. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 132. During fiscal year 2019, the Office of Financial
Research shall provide for a public notice period of not less than 90
days before issuing any proposed report, rule, or regulation.
Sec. 133. (a) Section 155 of Public Law 111-203 is amended as
follows:
(1) In subsection (b)--
(A) in paragraph (1)--
(i) by striking ``immediately''; and
(ii) by inserting ``as provided for in
appropriation Acts'' after ``to the Office'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2).
(2) In subsection (d), by striking the heading and
inserting ``ASSESSMENT SCHEDULE.--''.
(b) The amendments made by subsection (a) shall take effect on
October 1, 2019.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2019''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $13,081,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to
remain available until expended, for required maintenance, resolution
of safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,187,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $13,000,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $100,000,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $103,000,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be expended for
the altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations: Provided
further, That of the funds made available for the Office of Management
and Budget by this Act, no less than three full-time equivalent senior
staff position shall be dedicated solely to the Office of the
Intellectual Property Enforcement Coordinator: Provided further, That
none of the funds provided in this or prior Acts shall be used,
directly or indirectly, by the Office of Management and Budget, for
evaluating or determining if water resource project or study reports
submitted by the Chief of Engineers acting through the Secretary of the
Army are in compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource planning
process: Provided further, That the Office of Management and Budget
shall have not more than 60 days in which to perform budgetary policy
reviews of water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate authorizing and
appropriating committees when the 60-day review is initiated: Provided
further, That if water resource reports have not been transmitted to
the appropriate authorizing and appropriating committees within 15 days
after the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall assume
Office of Management and Budget concurrence with the report and act
accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $17,400,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $280,000,000,
to remain available until September 30, 2020, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities: Provided further, That,
notwithstanding the requirements of Public Law 106-58, any unexpended
funds obligated prior to fiscal year 2017 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2018, shall be funded at not less than the fiscal year
2018 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the initial
allocation of fiscal year 2019 funding among HIDTAs not later than 45
days after enactment of this Act, and shall notify the Committees of
planned uses of discretionary HIDTA funding, as determined in
consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act: Provided further, That upon a determination
that all or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House of
Representatives and the Senate, such amounts may be transferred back to
this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $118,327,000, to remain available until expended, which shall
be available as follows: $100,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,577,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of
Public Law 109-469; and $3,000,000, to remain available until expended,
shall be for activities authorized by section 103 of Public Law 114-
198: Provided, That amounts made available under this heading may be
transferred to other Federal departments and agencies to carry out such
activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available
until September 30, 2019.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $15,000,000, to remain available until expended:
Provided, That the Director of the Office of Management and Budget may
transfer these funds to one or more other agencies to carry out
projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $302,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. (a) During fiscal year 2019, any Executive order or
Presidential memorandum issued or revoked by the President shall be
accompanied by a written statement from the Director of the Office of
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal year period
beginning in fiscal year 2019; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2019.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2019 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda
shall only apply for Presidential memoranda estimated to have a
regulatory cost in excess of $100,000,000.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2019''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $84,703,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $15,999,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $32,016,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $19,450,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $5,167,961,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$8,475,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,142,427,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $49,750,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $604,460,000, of which not to exceed $20,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $92,413,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $29,819,000; of which $1,800,000 shall
remain available through September 30, 2020, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $18,548,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the second
sentence (relating to the District of Kansas) following paragraph (12),
by striking ``27 years and 6 months'' and inserting ``28 years and 6
months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
Eastern District of Missouri) by striking ``25 years and 6 months'' and
inserting ``26 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by inserting after ``except in
the case of'' the following: ``the northern district of
Alabama,'';
(2) in the first sentence by inserting after ``the central
district of California'' the following: ``,'';
(3) in the first sentence by striking ``16 years'' and
inserting ``17 years'';
(4) by adding at the end of the first sentence the
following: ``The first vacancy in the office of district judge
in the northern district of Alabama occurring 16 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.'';
(5) in the third sentence (relating to the central District
of California), by striking ``15 years and 6 months'' and
inserting ``16 years and 6 months''; and
(6) in the fourth sentence (relating to the western
district of North Carolina), by striking ``14 years'' and
inserting ``15 years''.
This title may be cited as the ``Judiciary Appropriations Act,
2019''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$30,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$13,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$288,280,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,670,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $122,770,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the
District of Columbia Court System, $77,016,000, of which not to exceed
$2,500 is for official reception and representation expenses; and
$73,824,000, to remain available until September 30, 2020, for capital
improvements for District of Columbia courthouse facilities: Provided,
That funds made available for capital improvements shall be expended
consistent with the District of Columbia Courts master plan study and
facilities condition assessment: Provided further, That, in addition
to the amounts appropriated herein, fees received by the District of
Columbia Courts for administering bar examinations and processing
District of Columbia bar admissions may be retained and credited to
this appropriation, to remain available until expended, for salaries
and expenses associated with such activities, notwithstanding section
450 of the District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.50): Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial Administration
in the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, for employees of the
District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$49,890,000, to remain available until expended: Provided, That not
more than $20,000,000 in unobligated funds provided in this account may
be transferred to and merged with funds made available under the
heading ``Federal Payment to the District of Columbia Courts,'' to be
available for the same period and purposes as funds made available
under that heading for capital improvements to District of Columbia
courthouse facilities: Provided further, That funds provided under
this heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That,
notwithstanding any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$256,724,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed $25,000
is for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002: Provided, That, of the funds appropriated under this heading,
$183,166,000 shall be for necessary expenses of Community Supervision
and Sex Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the provision of
services for or related to such persons, of which $5,919,000 shall
remain available until September 30, 2021 for costs associated with
relocation under a replacement lease for headquarters offices, field
offices, and related facilities: Provided further, That, of the funds
appropriated under this heading, $73,558,000 shall be available to the
Pretrial Services Agency, of which $7,304,000 shall remain available
until September 30, 2021 for costs associated with relocation under a
replacement lease for headquarters offices, field offices, and related
facilities: Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That amounts under this
heading may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $45,858,000, of which $4,471,000 shall remain
available until September 30, 2021 for costs associated with relocation
under a replacement lease for headquarters offices, field offices, and
related facilities: Provided, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of
Federal agencies.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,000,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2020, to the Commission on Judicial Disabilities and Tenure, $295,000,
and for the Judicial Nomination Commission, $270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $45,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during
any previous school year: Provided further, That within funds provided
for opportunity scholarships up to $3,200,000 shall be for the
activities specified in sections 3007(b) through 3007(d) and 3009 of
such Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$435,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``part a--summary of expenses'' and at the rate set forth under
such heading, as included in the Fiscal Year 2019 Budget Request Act of
2018 submitted to Congress by the District of Columbia, as amended as
of the date of enactment of this Act: Provided, That notwithstanding
any other provision of law, except as provided in section 450A of the
District of Columbia Home Rule Act (section 1-204.50a, D.C. Official
Code), sections 816 and 817 of the Financial Services and General
Government Appropriations Act, 2009 (secs. 47-369.01 and 47-369.02,
D.C. Official Code), and provisions of this Act, the total amount
appropriated in this Act for operating expenses for the District of
Columbia for fiscal year 2019 under this heading shall not exceed the
estimates included in the Fiscal Year 2019 Budget Request Act of 2018
submitted to Congress by the District of Columbia, as amended as of the
date of enactment of this Act or the sum of the total revenues of the
District of Columbia for such fiscal year: Provided further, That the
amount appropriated may be increased by proceeds of one-time
transactions, which are expended for emergency or unanticipated
operating or capital needs: Provided further, That such increases
shall be approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of Columbia
Home Rule Act: Provided further, That the Chief Financial Officer of
the District of Columbia shall take such steps as are necessary to
assure that the District of Columbia meets these requirements,
including the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District during fiscal
year 2019, except that the Chief Financial Officer may not reprogram
for operating expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2019''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,100,000, to
remain available until September 30, 2019, of which not to exceed
$1,000 is for official reception and representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $8,000 for
official reception and representation expenses, $127,000,000.
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2019, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements
were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $10,100,000, of which $1,500,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act
of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $335,118,000, to remain available until expended: Provided, That
$335,118,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of 1934,
shall be retained and used for necessary expenses and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 2019 so as to result in a final fiscal year
2019 appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $335,118,000 in fiscal
year 2019 shall not be available for obligation: Provided further,
That remaining offsetting collections from prior years collected in
excess of the amount specified for collection in each such year and
otherwise becoming available on October 1, 2018, shall not be available
for obligation: Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding system
that may be retained and made available for obligation shall not exceed
$130,284,000 for fiscal year 2019: Provided further, That, of the
amount appropriated under this heading, not less than $11,064,000 shall
be for the salaries and expenses of the Office of Inspector General.
administrative provision--federal communications commission
Sec. 510. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004 recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$42,982,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $71,250,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$26,200,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $311,700,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $136,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any other
provision of law, not to exceed $17,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2019, so as to result in a final fiscal
year 2019 appropriation from the general fund estimated at not more
than $158,700,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $8,634,574,000, of which--
(1) $275,900,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $275,900,000 shall be for the Calexico,
California, Calexico West Land Port of Entry;
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval is
obtained from the Committees on Appropriations of a greater
amount;
(2) $679,934,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $286,344,000 is for Major Repairs and
Alterations;
(B) $312,090,000 is for Basic Repairs and
Alterations; and
(C) $81,500,000 is for Special Emphasis Programs,
of which--
(i) $30,000,000 is for Fire and Life
Safety;
(ii) $11,500,000 is for Judiciary Capital
Security; and
(iii) $40,000,000 is for Consolidation
Activities: Provided, That consolidation
projects result in reduced annual rent paid by
the tenant agency: Provided further, That no
consolidation project exceed $10,000,000 in
costs: Provided further, That consolidation
projects are approved by each of the committees
specified in section 3307(a) of title 40,
United States Code: Provided further, That
preference is given to consolidation projects
that achieve a utilization rate of 130 usable
square feet or less per person for office
space: Provided further, That the obligation
of funds under this paragraph for consolidation
activities may not be made until 10 days after
a proposed spending plan and explanation for
each project to be undertaken, including
estimated savings, has been submitted to the
Committees on Appropriations of the House of
Representatives and the Senate:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or any
previous Act may be increased by an amount not to exceed 10
percent unless advance approval is obtained from the Committees
on Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any
prior Act for ``Repairs and Alterations'' may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for security
in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference
between the funds appropriated and expended on any projects in
this or any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to Basic Repairs and
Alterations or used to fund authorized increases in prospectus
projects: Provided further, That the amount provided in this
or any prior Act for Basic Repairs and Alterations may be used
to pay claims against the Government arising from any projects
under the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects;
(3) $5,430,345,000 for rental of space to remain available
until expended; and
(4) $2,248,395,000 for building operations to remain
available until expended, of which $1,126,014,000 is for
building services, and $1,122,381,000 is for salaries and
expenses: Provided, That not to exceed 5 percent of any
appropriation made available under this paragraph for building
operations may be transferred between and merged with such
appropriations upon notification to the Committees on
Appropriations of the House of Representatives and the Senate,
but no such appropriation shall be increased by more than 5
percent by any such transfers: Provided further, That section
521 of this title shall not apply with respect to funds made
available under this heading for building operations: Provided
further, That the total amount of funds made available from
this Fund to the General Services Administration shall not be
available for expenses of any construction, repair, alteration
and acquisition project for which a prospectus, if required by
40 U.S.C. 3307(a), has not been approved, except that necessary
funds may be expended for each project for required expenses
for the development of a proposed prospectus: Provided
further, That funds available in the Federal Buildings Fund may
be expended for emergency repairs when advance approval is
obtained from the Committees on Appropriations: Provided
further, That amounts necessary to provide reimbursable special
services to other agencies under 40 U.S.C. 592(b)(2) and
amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not
in Government ownership or control as may be appropriate to
enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be
available from such revenues and collections: Provided
further, That revenues and collections and any other sums
accruing to this Fund during fiscal year 2019, excluding
reimbursements under 40 U.S.C. 592(b)(2), in excess of the
aggregate new obligational authority authorized for Real
Property Activities of the Federal Buildings Fund in this Act
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109; $60,000,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, management, and communications; and services as
authorized by 5 U.S.C. 3109; $49,440,000, of which $26,890,000 is for
Real and Personal Property Management and Disposal; $22,550,000 is for
the Office of the Administrator, of which not to exceed $7,500 is for
official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$9,301,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $67,000,000: Provided, That not
to exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $4,796,000.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for necessary expenses in support of interagency projects that enable
the Federal Government to enhance its ability to conduct activities
electronically, through the development and implementation of
innovative uses of information technology; $55,000,000, to be deposited
into the Federal Citizen Services Fund: Provided, That the previous
amount may be transferred to Federal agencies to carry out the purpose
of the Federal Citizen Services Fund: Provided further, That the
appropriations, revenues, reimbursements, and collections deposited
into the Fund shall be available until expended for necessary expenses
of Federal Citizen Services and other activities that enable the
Federal Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed $100,000,000:
Provided further, That appropriations, revenues, reimbursements, and
collections accruing to this Fund during fiscal year 2019 in excess of
such amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts: Provided
further, That any appropriations provided to the Electronic Government
Fund that remain unobligated may be transferred to the Federal Citizen
Services Fund: Provided further, That the transfer authorities
provided herein shall be in addition to any other transfer authority
provided in this Act.
technology modernization fund
For the Technology Modernization Fund, $150,000,000, to remain
available until expended, for technology-related modernization
activities.
Asset Proceeds and Space Management Fund
For carrying out the purposes of the Federal Assets Sale and
Transfer Act of 2016 (Public Law 114-287), $31,000,000, to be deposited
into the Asset Proceeds and Space Management Fund, to remain available
until expended.
environmental review improvement fund
For necessary expenses of the Environmental Review Improvement Fund
established pursuant to 42 U.S.C. 4370m-8(d), $6,070,000, to remain
available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2019 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2019
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project Priorities
plan; and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 526. With respect to each project funded under the heading
``Major Repairs and Alterations'' or ``Judiciary Capital Security
Program'', and with respect to E-Government projects funded under the
heading ``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 527. The Administrator of General Services shall submit a
report to the Committees on Appropriations of the Senate and House of
Representatives not later than 30 days following implementation of the
initiative established under (c)(2) of Section 846 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 41
U.S.C. 1901 note) containing a market analysis and an implementation
strategy related to the requirements under subparagraph (h) of Section
846. The report shall address strategies and processes for proper
government safeguards to data management and privacy for incorporation
into the implementation of Section 846 to ensure a competitive
environment.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $1,000,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $44,490,000, to remain available until
September 30, 2020, and in addition not to exceed $2,345,000, to remain
available until September 30, 2020, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $372,400,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $4,823,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $6,000,000,
to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
available until September 30, 2020, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $17,019,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $132,172,000: Provided,
That of the total amount made available under this heading, not to
exceed $14,000,000 shall remain available until September 30, 2020, for
information technology infrastructure modernization and Trust Fund
Federal Financial System migration or modernization, and shall be in
addition to funds otherwise made available for such purposes upon
submitting to the Committees on Appropriations of the Senate and House
of Representatives the plan of expenditure as required by the
``Consolidated Appropriations Act, 2017'': Provided further, That the
amount made available by the previous proviso may not be obligated
until the Director of the Office of Personnel Management submits to the
Committees on Appropriations of the Senate and the House of
Representatives within 90 days of enactment a plan for expenditure of
such amount, prepared in consultation with the Director of the Office
of Management and Budget, the Administrator of the United States
Digital Service, and the Secretary of Homeland Security, that--
(1) identifies the full scope and cost of the IT systems
remediation and stabilization project;
(2) meets the capital planning and investment control
review requirements established by the Office of Management and
Budget, including Circular A-11, part 7;
(3) includes a Major IT Business Case under the
requirements established by the Office of Management and Budget
Exhibit 300;
(4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Government;
(5) complies with all Office of Management and Budget,
Department of Homeland Security and National Institute of
Standards and Technology requirements related to securing the
agency's information system as described in 44 U.S.C. 3554; and
(6) is reviewed and commented upon within 60 days of plan
development by the Inspector General of the Office of Personnel
Management, and such comments are submitted to the Director of
the Office of Personnel Management before the date of such
submission:
Provided further, That of the total amount made available under this
heading, $639,018 may be made available for strengthening the capacity
and capabilities of the acquisition workforce (as defined by the Office
of Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et
seq.)), including the recruitment, hiring, training, and retention of
such workforce and information technology in support of acquisition
workforce effectiveness or for management solutions to improve
acquisition management; and in addition $133,483,000 for administrative
expenses, to be transferred from the appropriate trust funds of OPM
without regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs: Provided
further, That the provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by sections
8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title
5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during fiscal year 2019, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,000,000, and in addition, not to exceed $25,265,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12) as amended by Public Law
107-304, the Whistleblower Protection Enhancement Act of 2012 (Public
Law 112-199), and the Uniformed Services Employment and Reemployment
Rights Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $26,252,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $15,200,000, to be derived by
transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $5,000,000, to
remain available until September 30, 2020.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform Board in
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287), $2,000,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,658,302,000, to remain available until
expended; of which not less than $15,206,000 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence.
In addition to the foregoing appropriation, for costs associated
with relocation under a replacement lease for the Commission's New York
regional office facilities, not to exceed $37,189,000, to remain
available until expended: Provided, That for purposes of calculating
the fee rate under section 31(j) of the Securities Exchange Act of 1934
(15 U.S.C. 78ee(j)) for fiscal year 2019, all amounts appropriated
under this heading shall be deemed to be the regular appropriation to
the Commission for fiscal year 2019: Provided further, That fees and
charges authorized by section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed $1,658,302,000 of
such offsetting collections shall be available until expended for
necessary expenses of this account and not to exceed $37,189,000 of
such offsetting collections shall be available until expended for costs
under this heading associated with relocation under a replacement lease
for the Commission's New York regional office facilities: Provided
further, That the total amount appropriated under this heading from the
general fund for fiscal year 2019 shall be reduced as such offsetting
fees are received so as to result in a final total fiscal year 2019
appropriation from the general fund estimated at not more than $0:
Provided further, That if any amount of the appropriation for costs
associated with relocation under a replacement lease for the
Commission's New York regional office facilities is subsequently de-
obligated by the Commission, such amount that was derived from the
general fund shall be returned to the general fund, and such amounts
that were derived from fees or assessments collected for such purpose
shall be paid to each national securities exchange and national
securities association, respectively, in proportion to any fees or
assessments paid by such national securities exchange or national
securities association under section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) in fiscal year 2019.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $26,000,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $268,500,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2019: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2020:
Provided further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small Business
Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $251,900,000, to remain available until
September 30, 2020: Provided, That $132,600,000 shall be available to
fund grants for performance in fiscal year 2019 or fiscal year 2020 as
authorized by section 21 of the Small Business Act: Provided further,
That $31,600,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $18,000,000 shall be available for
grants to States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small Business
Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$21,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $9,120,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $4,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2019
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000: Provided
further, That during fiscal year 2019 commitments for general business
loans authorized under section 7(a) of the Small Business Act shall not
exceed $30,000,000,000 for a combination of amortizing term loans and
the aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2019 commitments for loans
authorized under subparagraph (C) of section 502(7) of The Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2019
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year 2019,
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $155,150,000, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $31,308,000, to
be available until expended, of which $1,000,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $22,308,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $9,000,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
administrative provisions--small business administration
(including rescission and transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 531. Of the unobligated balances from prior year
appropriations available under the ``Business Loans Program Account''
heading for the Certified Development Company Program, $50,000,000 are
hereby permanently rescinded: Provided, That no amounts may be
rescinded under this section from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 532. Section 12085 of Public Law 110-246 is repealed.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $58,118,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices: Provided further, That
the Postal Service shall maintain and comply with service standards for
First Class Mail and periodicals effective on July 1, 2012.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$250,000,000, to be derived by transfer from the Postal Service Fund
and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $51,515,000, of which $500,000
shall remain available until expended: Provided, That travel expenses
of the judges shall be paid upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2019, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization or
restructuring of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the fiscal
year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries
and expenses for an agency shall be reduced by $100,000 per day for
each day after the required date that the report has not been submitted
to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2019 from appropriations made available for salaries
and expenses for fiscal year 2019 in this Act, shall remain available
through September 30, 2020, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or the
Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act may be used
for the interagency funding and sponsorship of a joint advisory
committee to advise on emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C.
ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 620. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 621. None of the funds in this Act may be used for the
Director of the Office of Personnel Management to award a contract,
enter an extension of, or exercise an option on a contract to a
contractor conducting the final quality review processes for background
investigation fieldwork services or background investigation support
services that, as of the date of the award of the contract, are being
conducted by that contractor.
Sec. 622. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 623. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 624. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner
that violates the Fourth Amendment to the Constitution of the United
States.
Sec. 625. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the
Commission from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II.
Sec. 626. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978, or to prevent or impede that Inspector
General's access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to the Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner. Each Inspector
General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House
of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
Sec. 627. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication activities, or other law enforcement- or
victim assistance-related activity.
Sec. 628. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Sec. 629. Title 44, United States Code, is amended as follows:
(1) In subsection (a)(2) of section 2107, by striking ``the
head of such agency has certified in writing to the Archivist''
and inserting ``the Archivist determines, after consulting with
the head of such agency,''.
(2) In subsection (d) of section 2904, by striking the
first instance of ``digital or electronic''.
(3) In subsection (e) of section 3303a, by striking ``the
written consent of'' and inserting ``advance notice to''.
(4) In section 3308, by striking ``empower'' and inserting
``direct''.
Sec. 630. None of the funds made available by this Act may be used
to enforce the requirements in section 316(b)(4)(D) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30118(b)(4)(D)) that the
solicitation of contributions from member corporations stockholders and
executive or administrative personnel, and the families of such
stockholders or personnel, by trade associations must be separately and
specifically approved by the member corporation involved prior to such
solicitation, and that such member corporation does not approve any
such solicitation by more than one such trade association in any
calendar year.
Sec. 631. (1) None of the funds appropriated by this Act shall be
available to pay for an abortion or the administrative expenses in
connection with a multi-State qualified health plan offered under a
contract under section 1334 of the Patient Protection and Affordable
Care Act (42 U.S.C. 18054) which provides any benefits or coverage for
abortions.
(2) The provision of paragraph (1) shall not apply where the life
of the mother would be endangered if the fetus were carried to term, or
the pregnancy is the result of an act of rape or incest.
Sec. 632. None of the funds made available by this Act may be used
by the Securities and Exchange Commission to propose, issue, implement,
administer, or enforce any requirement that a solicitation of a proxy,
consent, or authorization to vote a security of an issuer in an
election of members of the board of directors of the issuer be made
using a single ballot or card that lists both individuals nominated by
(or on behalf of) the issuer and individuals nominated by (or on behalf
of) other proponents and permits the person granting the proxy,
consent, or authorization to select from individuals in both groups.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2019 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement vehicles, protective vehicles, and undercover surveillance
vehicles), is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits may be
exceeded by not to exceed $7,250 for police-type vehicles: Provided
further, That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles acquired
pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles: Provided further, That the limits set
forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel
cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That for purposes of subsections (2) and (3) such affidavits
shall be submitted prior to employment and updated thereafter as
necessary: Provided further, That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee of the
Government of the United States on the date of enactment of this Act,
or to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13693
(March 19, 2015), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit any
of the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other
Act may be used to provide any non-public information such as mailing,
telephone or electronic mailing lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, including improving coordination and reducing
duplication, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations, initiatives,
and activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-wide
Policy'' during fiscal year 2019 shall remain available for obligation
through September 30, 2020: Provided further, That such transfers or
reimbursements may only be made after 15 days following notification of
the Committees on Appropriations of the House of Representatives and
the Senate by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science and
Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency;
or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable standards
as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 730. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 731. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 732. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 733. During fiscal year 2019, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an
administrative expense under section 8348(a)(1)(B) of title 5,
United States Code.
Sec. 734. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or that is otherwise made with respect to any
election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.).
Sec. 735. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 736. (a)(1) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2019, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2019, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2019, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2019 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2019 under section 5304 of
such title (whether by adjustment or otherwise), and
the overall average percentage of such payments which
was effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2018, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2018, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2017.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2019 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That prevailing
rate employees at locations where there are no employees whose
pay is increased pursuant to sections 5303 and 5304 of title 5,
United States Code, and prevailing rate employees described in
section 5343(a)(5) of title 5, United States Code, shall be
considered to be located in the pay locality designated as
``Rest of United States'' pursuant to section 5304 of title 5,
United States Code, for purposes of this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2018.
Sec. 737. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2019 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to
and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted
by the departmental component or office in evaluating
potential contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending a conference held by any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act during fiscal year 2019 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to
that memorandum.
Sec. 738. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce
funding for a program, project, or activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 739. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 2019
0 et seq.).
Sec. 740. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 741. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to Congress,
(3) the reporting to an Inspector General of a violation of any law,
rule, or regulation, or mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'': Provided,
That notwithstanding the preceding provision of this section, a
nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 742. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 743. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 744. (a) During fiscal year 2019, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 745. If, for fiscal year 2019, new budget authority provided
in appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences
with the Congressional Budget Office, an adjustment to the
discretionary spending limit in such category for fiscal year 2019
shall be made by the Director of the Office of Management and Budget in
the amount of the excess but the total of all such adjustments shall
not exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
Sec. 746. None of the funds made available under this or any other
Act may be used to implement or enforce Executive Order No. 13690,
Establishing a Federal Flood Risk Management Standard and a Process for
Further Soliciting and Considering Stakeholder Input, including any
related rules, interim final rules, or guidance.
Sec. 747. None of the funds made available by this Act may be used
to implement, administer, or enforce a rule issued pursuant to section
13(p) of the Securities Exchange Act of 1934.
Sec. 748. None of the funds made available by this Act may be used
to plan for, begin, continue, complete, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76.
Sec. 749. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2019, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2019.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24 hours
a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution, or used for the
operation of a supervised drug consumption facility that permits the
consumption of any substance listed in Schedule I of section 202 of the
Controlled Substances Act (21 U.S.C. 812) onsite.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used to
enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21 U.S.C. 801
et seq.) or any tetrahydrocannabinols derivative for recreational
purposes.
Sec. 810. No funds available for obligation or expenditure by the
District of Columbia government under any authority shall be expended
for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2019 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 815. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2019 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2019 in this Act, shall remain available through September 30,
2020, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines outlined in
section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2020, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Act referred to in paragraph (2)
(subject to any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is in effect)
at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2020 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion
of the annual budget for the District of Columbia government for fiscal
year 2020 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2020 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2020.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2020 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2020 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 817. (a) No funds available for obligation or expenditure by
the District of Columbia government under any authority may be used to
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) Effective February 18, 2017, the Death With Dignity Act of 2016
(D.C. Law 21-182) is hereby repealed.
Sec. 818. None of the funds made available by this Act may be used
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.
Sec. 819. (a) Effective with respect to fiscal year 2013 and each
succeeding fiscal year, the Local Budget Autonomy Amendment Act of 2012
(D.C. Law 19-321) is hereby repealed, and any provision of law amended
or repealed by such Act shall be restored or revived as if such Act had
not been enacted into law.
(b)(1) Section 450 of the District of Columbia Home Rule Act (sec.
1-204.50, D.C. Official Code) is amended--
(A) in the first sentence, by striking ``The
General Fund'' and inserting ``(a) In General.--The
General Fund''; and
(B) by adding at the end the following new
subsection:
``(b) Application of Federal Appropriations Process.--Nothing in
this Act shall be construed as creating a continuing appropriation of
the General Fund described in subsection (a). All funds provided for
the District of Columbia shall be appropriated on an annual fiscal year
basis through the Federal appropriations process. For each fiscal year,
the District shall be subject to all applicable requirements of
subchapter III of chapter 13 and subchapter II of chapter 15 of title
31, United States Code (commonly known as the `Anti-Deficiency Act'),
the Budget and Accounting Act of 1921, and all other requirements and
restrictions applicable to appropriations for such fiscal year.''.
(2) Section 603(a) of such Act (sec. 1-206.03(a), D.C. Official
Code) is amended--
(A) by striking ``existing''; and
(B) by striking the period at the end and inserting the
following: ``, or as authorizing the District of Columbia to
make any such change.''.
(3) The amendments made by this subsection shall take effect as if
included in the enactment of the District of Columbia Home Rule Act.
Sec. 820. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
TITLE IX
FINANCIAL REFORM
Subtitle A--Helping Angels Lead Our Startups Act
Sec. 901. Definition of angel investor group.
Sec. 902. Clarification of general solicitation.
Subtitle B--Credit Access and Inclusion Act
Sec. 903. Positive credit reporting permitted.
Subtitle C--Small Business Mergers, Acquisitions, Sales and Brokerage
Simplification Act
Sec. 904. Registration exemption for merger and acquisition brokers.
Sec. 905. Effective date.
Subtitle D--Mortgage Choice Act
Sec. 906. Definition of points and fees.
Sec. 907. Rulemaking.
Subtitle E--Fair Investment Opportunities for Professional Experts Act
Sec. 908. Definition of accredited investor.
Subtitle F--Fostering Innovation Act
Sec. 909. Temporary exemption for low-revenue issuers.
Subtitle G--End Banking for Human Traffickers Act
Sec. 910. Increasing the role of the financial industry in combating
human trafficking.
Sec. 911. Coordination of human trafficking issues by the Office of
Terrorism and Financial Intelligence.
Sec. 912. Additional reporting requirement under the Trafficking
Victims Protection Act of 2000.
Sec. 913. Minimum standards for the elimination of trafficking.
Subtitle H--Investing in Main Street Act
Sec. 914. Investment in small business investment companies.
Subtitle I--Privacy Notification Technical Clarification Act
Sec. 915. Exception to annual notice requirement.
Subtitle J--Financial Institution Customer Protection Act
Sec. 916. Requirements for deposit account termination requests and
orders.
Subtitle K--Encouraging Public Offerings Act
Sec. 917. Expanding testing the waters and confidential submissions.
Subtitle L--Risk-Based Credit Examination Act
Sec. 918. Risk-Based Examinations of Nationally Recognized Statistical
Rating Organizations.
Subtitle M--Protection of Source Code Act
Sec. 919. Procedure for obtaining certain intellectual property.
Subtitle N--Family Office Technical Correction Act
Sec. 920. Accredited investor clarification.
Subtitle O--Market Data Protection Act
Sec. 921. Internal risk controls.
Subtitle P--Financial Stability Oversight Council Improvement Act
Sec. 922. SIFI designation process.
Sec. 923. Rule of construction.
Subtitle Q--[Expanding Access to Capital for Rural Job Creators Act
Sec. 925. Access to capital for rural-area small businesses.
Subtitle R--Volcker Rule Regulatory Harmonization Act
Sec. 926. Rulemaking authority under the Volcker rule.
Sec. 927. Enforcement; anti-evasion.
Sec. 928. Exclusion of community banks from Volcker rule.
Subtitle S--Financial Institution Living Will Improvement Act
Sec. 929. Living will reforms.
Subtitle T--Financial Institutions Examination Fairness and Reform Act
Sec. 930. Amendment to definition of financial institution.
Sec. 931. Timeliness of examination reports.
Sec. 932. Independent Examination Review Director.
Sec. 933. Right to independent review of material supervisory
determinations.
Sec. 934. Additional amendments.
Subtitle U--TRID Improvement Act
Sec. 936. Amendments to mortgage disclosure requirements.
Subtitle V--Common Sense Credit Union Capital Relief Act
Sec. 938. Delay in effective date.
Subtitle W--Bureau of Consumer Financial Protection-Inspector General
Reform Act
Sec. 939. Appointment of Inspector General.
Sec. 940. Requirements for the Inspector General for the Bureau of
Consumer Financial Protection.
Sec. 941. Effective date.
Sec. 942. Transition period.
Subtitle X--BCFP on Appropriations
Sec. 943. Bureau appropriations.
Subtitle Y--Stress Test Relief for Nonbanks
Sec. 944. Stress test relief for nonbanks.
Subtitle Z--Interaffiliate Language
Sec. 945. Interaffiliate treatment with respect to initial margin
requirements.
Subtitle AA--Tailored Application of Prudential Standards
Sec. 946. Tailored application of prudential standards.
Subtitle AB--Authority to Remove Bureau Director
Sec. 947. Authority to remove Bureau Director.
Subtitle AC--Congressional Review of Bureau Rulemaking
Sec. 948. Congressional review of Bureau rulemaking.
Sec. 949. Budgetary effects of rules subject to section 802 of title 5,
United States Code.
Sec. 950. Government Accountability Office study of rules.
Sec. 951. Effective date.
Subtitle A--Helping Angels Lead Our Startups Act
definition of angel investor group
Sec. 901. As used in this subtitle, the term ``angel investor
group'' means any group that--
(1) is composed of accredited investors interested in
investing personal capital in early-stage companies;
(2) holds regular meetings and has defined processes and
procedures for making investment decisions, either individually
or among the membership of the group as a whole; and
(3) is neither associated nor affiliated with brokers,
dealers, or investment advisers.
clarification of general solicitation
Sec. 902. (a) In General.--Not later than 6 months after the date
of enactment of this Act, the Securities and Exchange Commission shall
revise Regulation D of its rules (17 C.F.R. 230.500 et seq.) to require
that in carrying out the prohibition against general solicitation or
general advertising contained in section 230.502(c) of title 17, Code
of Federal Regulations, the prohibition shall not apply to a
presentation or other communication made by or on behalf of an issuer
which is made at an event--
(1) sponsored by--
(A) the United States or any territory thereof, by
the District of Columbia, by any State, by a political
subdivision of any State or territory, or by any agency
or public instrumentality of any of the foregoing;
(B) a college, university, or other institution of
higher education;
(C) a nonprofit organization;
(D) an angel investor group;
(E) a venture forum, venture capital association,
or trade association; or
(F) any other group, person or entity as the
Securities and Exchange Commission may determine by
rule;
(2) where any advertising for the event does not reference
any specific offering of securities by the issuer;
(3) the sponsor of which--
(A) does not make investment recommendations or
provide investment advice to event attendees;
(B) does not engage in an active role in any
investment negotiations between the issuer and
investors attending the event;
(C) does not charge event attendees any fees other
than administrative fees; and
(D) does not receive any compensation with respect
to such event that would require registration of the
sponsor as a broker or a dealer under the Securities
Exchange Act of 1934, or as an investment advisor under
the Investment Advisers Act of 1940; and
(4) where no specific information regarding an offering of
securities by the issuer is communicated or distributed by or
on behalf of the issuer, other than--
(A) that the issuer is in the process of offering
securities or planning to offer securities;
(B) the type and amount of securities being
offered;
(C) the amount of securities being offered that
have already been subscribed for; and
(D) the intended use of proceeds of the offering.
(b) Rule of Construction.--Subsection (a) may only be construed as
requiring the Securities and Exchange Commission to amend the
requirements of Regulation D with respect to presentations and
communications, and not with respect to purchases or sales.
Subtitle B--Credit Access and Inclusion Act
positive credit reporting permitted
Sec. 903. (a) In General.--Section 623 of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2) is amended by adding at the end the
following new subsection:
``(f) Full-File Credit Reporting.--
``(1) In general.--Subject to the limitation in paragraph
(2) and notwithstanding any other provision of law, a person or
the Secretary of Housing and Urban Development may furnish to a
consumer reporting agency information relating to the
performance of a consumer in making payments--
``(A) under a lease agreement with respect to a
dwelling, including such a lease in which the
Department of Housing and Urban Development provides
subsidized payments for occupancy in a dwelling; or
``(B) pursuant to a contract for a utility or
telecommunications service.
``(2) Limitation.--Information about a consumer's usage of
any utility services provided by a utility or telecommunication
firm may be furnished to a consumer reporting agency only to
the extent that such information relates to payment by the
consumer for the services of such utility or telecommunication
service or other terms of the provision of the services to the
consumer, including any deposit, discount, or conditions for
interruption or termination of the services.
``(3) Payment plan.--An energy utility firm may not report
payment information to a consumer reporting agency with respect
to an outstanding balance of a consumer as late if--
``(A) the energy utility firm and the consumer have
entered into a payment plan (including a deferred
payment agreement, an arrearage management program, or
a debt forgiveness program) with respect to such
outstanding balance; and
``(B) the consumer is meeting the obligations of
the payment plan, as determined by the energy utility
firm.
``(4) Definitions.--In this subsection, the following
definitions shall apply:
``(A) Energy utility firm.--The term `energy
utility firm' means an entity that provides gas or
electric utility services to the public.
``(B) Utility or telecommunication firm.--The term
`utility or telecommunication firm' means an entity
that provides utility services to the public through
pipe, wire, landline, wireless, cable, or other
connected facilities, or radio, electronic, or similar
transmission (including the extension of such
facilities).''.
(b) Limitation on Liability.--Section 623(c) of the Consumer Credit
Protection Act (15 U.S.C. 1681s-2(c)) is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) subsection (f) of this section, including any
regulations issued thereunder; or''.
(c) GAO Study and Report.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the impact of furnishing
information pursuant to subsection (f) of section 623 of the Fair
Credit Reporting Act (15 U.S.C. 1681s-2) (as added by this subtitle) on
consumers.
Subtitle C--Small Business Mergers, Acquisitions, Sales and Brokerage
Simplification Act
registration exemption for merger and acquisition brokers
Sec. 904. Section 15(b) of the Securities Exchange Act of 1934 (15
U.S.C. 78o(b)) is amended by adding at the end the following:
``(13) Registration exemption for merger and acquisition
brokers.--
``(A) In general.--Except as provided in
subparagraph (B), an M&A broker shall be exempt from
registration under this section.
``(B) Excluded activities.--An M&A broker is not
exempt from registration under this paragraph if such
broker does any of the following:
``(i) Directly or indirectly, in connection
with the transfer of ownership of an eligible
privately held company, receives, holds,
transmits, or has custody of the funds or
securities to be exchanged by the parties to
the transaction.
``(ii) Engages on behalf of an issuer in a
public offering of any class of securities that
is registered, or is required to be registered,
with the Commission under section 12 or with
respect to which the issuer files, or is
required to file, periodic information,
documents, and reports under subsection (d).
``(iii) Engages on behalf of any party in a
transaction involving a shell company, other
than a business combination related shell
company.
``(iv) Directly, or indirectly through any
of its affiliates, provides financing related
to the transfer of ownership of an eligible
privately held company.
``(v) Assists any party to obtain financing
from an unaffiliated third party without--
``(I) complying with all other
applicable laws in connection with such
assistance, including, if applicable,
Regulation T (12 C.F.R. 220 et seq.);
and
``(II) disclosing any compensation
in writing to the party.
``(vi) Represents both the buyer and the
seller in the same transaction without
providing clear written disclosure as to the
parties the broker represents and obtaining
written consent from both parties to the joint
representation.
``(vii) Facilitates a transaction with a
group of buyers formed with the assistance of
the M&A broker to acquire the eligible
privately held company.
``(viii) Engages in a transaction involving
the transfer of ownership of an eligible
privately held company to a passive buyer or
group of passive buyers. For purposes of the
preceding sentence, a buyer that is actively
involved in managing the acquired company is
not a passive buyer, regardless of whether such
buyer is itself owned by passive beneficial
owners.
``(ix) Binds a party to a transfer of
ownership of an eligible privately held
company.
``(C) Disqualifications.--An M&A broker is not
exempt from registration under this paragraph if such
broker is subject to--
``(i) suspension or revocation of
registration under paragraph (4);
``(ii) a statutory disqualification
described in section 3(a)(39);
``(iii) a disqualification under the rules
adopted by the Commission under section 926 of
the Investor Protection and Securities Reform
Act of 2010 (15 U.S.C. 77d note); or
``(iv) a final order described in paragraph
(4)(H).
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to limit any other
authority of the Commission to exempt any person, or
any class of persons, from any provision of this title,
or from any provision of any rule or regulation
thereunder.
``(E) Definitions.--In this paragraph:
``(i) Business combination related shell
company.--The term `business combination
related shell company' means a shell company
that is formed by an entity that is not a shell
company--
``(I) solely for the purpose of
changing the corporate domicile of that
entity solely within the United States;
or
``(II) solely for the purpose of
completing a business combination
transaction (as defined under section
230.165(f) of title 17, Code of Federal
Regulations) among one or more entities
other than the company itself, none of
which is a shell company.
``(ii) Control.--The term `control' means
the power, directly or indirectly, to direct
the management or policies of a company,
whether through ownership of securities, by
contract, or otherwise. There is a presumption
of control for any person who--
``(I) is a director, general
partner, member or manager of a limited
liability company, or corporate officer
of a corporation or limited liability
company, and exercises executive
responsibility (or has similar status
or functions);
``(II) has the right to vote 25
percent or more of a class of voting
securities or the power to sell or
direct the sale of 25 percent or more
of a class of voting securities; or
``(III) in the case of a
partnership or limited liability
company, has the right to receive upon
dissolution, or has contributed, 25
percent or more of the capital.
``(iii) Eligible privately held company.--
The term `eligible privately held company'
means a privately held company that meets both
of the following conditions:
``(I) The company does not have any
class of securities registered, or
required to be registered, with the
Commission under section 12 or with
respect to which the company files, or
is required to file, periodic
information, documents, and reports
under subsection (d).
``(II) In the fiscal year ending
immediately before the fiscal year in
which the services of the M&A broker
are initially engaged with respect to
the securities transaction, the company
meets either or both of the following
conditions (determined in accordance
with the historical financial
accounting records of the company):
``(aa) The earnings of the
company before interest, taxes,
depreciation, and amortization
are less than $25,000,000.
``(bb) The gross revenues
of the company are less than
$250,000,000.
For purposes of this subclause, the
Commission may by rule modify the
dollar figures if the Commission
determines that such a modification is
necessary or appropriate in the public
interest or for the protection of
investors.
``(iv) M&A broker.--The term `M&A broker'
means a broker, and any person associated with
a broker, engaged in the business of effecting
securities transactions solely in connection
with the transfer of ownership of an eligible
privately held company, regardless of whether
the broker acts on behalf of a seller or buyer,
through the purchase, sale, exchange, issuance,
repurchase, or redemption of, or a business
combination involving, securities or assets of
the eligible privately held company, if the
broker reasonably believes that--
``(I) upon consummation of the
transaction, any person acquiring
securities or assets of the eligible
privately held company, acting alone or
in concert, will control and, directly
or indirectly, will be active in the
management of the eligible privately
held company or the business conducted
with the assets of the eligible
privately held company; and
``(II) if any person is offered
securities in exchange for securities
or assets of the eligible privately
held company, such person will, prior
to becoming legally bound to consummate
the transaction, receive or have
reasonable access to the most recent
fiscal year-end financial statements of
the issuer of the securities as
customarily prepared by the management
of the issuer in the normal course of
operations and, if the financial
statements of the issuer are audited,
reviewed, or compiled, any related
statement by the independent
accountant, a balance sheet dated not
more than 120 days before the date of
the offer, and information pertaining
to the management, business, results of
operations for the period covered by
the foregoing financial statements, and
material loss contingencies of the
issuer.
``(v) Shell company.--The term `shell
company' means a company that at the time of a
transaction with an eligible privately held
company--
``(I) has no or nominal operations;
and
``(II) has--
``(aa) no or nominal
assets;
``(bb) assets consisting
solely of cash and cash
equivalents; or
``(cc) assets consisting of
any amount of cash and cash
equivalents and nominal other
assets.
``(F) Inflation adjustment.--
``(i) In general.--On the date that is 5
years after the date of the enactment of the
Small Business Mergers, Acquisitions, Sales,
and Brokerage Simplification Act of 2018, and
every 5 years thereafter, each dollar amount in
subparagraph (E)(ii)(II) shall be adjusted by--
``(I) dividing the annual value of
the Employment Cost Index For Wages and
Salaries, Private Industry Workers (or
any successor index), as published by
the Bureau of Labor Statistics, for the
calendar year preceding the calendar
year in which the adjustment is being
made by the annual value of such index
(or successor) for the calendar year
ending December 31, 2012; and
``(II) multiplying such dollar
amount by the quotient obtained under
subclause (I).
``(ii) Rounding.--Each dollar amount
determined under clause (i) shall be rounded to
the nearest multiple of $100,000.''.
effective date
Sec. 905. This subtitle and any amendment made by this subtitle
shall take effect on the date that is 90 days after the date of the
enactment of this Act.
Subtitle D--Mortgage Choice Act
definition of points and fees
Sec. 906. (a) Amendment to Section 103 of TILA.--Section
103(bb)(4) of the Truth in Lending Act (15 U.S.C. 1602(bb)(4)) is
amended--
(1) by striking ``paragraph (1)(B)'' and inserting
``paragraph (1)(A) and section 129C'';
(2) in subparagraph (C)--
(A) by inserting ``and insurance'' after ``taxes'';
(B) in clause (ii), by inserting ``, except as
retained by a creditor or its affiliate as a result of
their participation in an affiliated business
arrangement (as defined in section 2(7) of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C.
2602(7))'' after ``compensation''; and
(C) by striking clause (iii) and inserting the
following:
``(iii) the charge is--
``(I) a bona fide third-party charge not
retained by the mortgage originator, creditor,
or an affiliate of the creditor or mortgage
originator; or
``(II) a charge set forth in section
106(e)(1);''; and
(3) in subparagraph (D)--
(A) by striking ``accident,''; and
(B) by striking ``or any payments'' and inserting
``and any payments''.
(b) Amendment to Section 129C of TILA.--Section 129C of the Truth
in Lending Act (15 U.S.C. 1639c) is amended--
(1) in subsection (a)(5)(C), by striking ``103'' and all
that follows through ``or mortgage originator'' and inserting
``103(bb)(4)''; and
(2) in subsection (b)(2)(C)(i), by striking ``103'' and all
that follows through ``or mortgage originator)'' and inserting
``103(bb)(4)''.
rulemaking
Sec. 907. Not later than the end of the 90-day period beginning on
the date of the enactment of this Act, the Bureau of Consumer Financial
Protection shall issue final regulations to carry out the amendments
made by this subtitle, and such regulations shall be effective upon
issuance.
Subtitle E--Fair Investment Opportunities for Professional Experts Act
definition of accredited investor
Sec. 908. (a) In General.--Section 2(a)(15) of the Securities Act
of 1933 (15 U.S.C. 77b(a)(15) is amended--
(1) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (F), respectively; and
(2) in subparagraph (A) (as so redesignated), by striking
``; or'' and inserting a semicolon, and inserting after such
subparagraph the following:
``(B) any natural person whose individual net
worth, or joint net worth with that person's spouse,
exceeds $1,000,000 (which amount, along with the
amounts set forth in subparagraph (C), shall be
adjusted for inflation by the Commission every 5 years
to the nearest $10,000 to reflect the change in the
Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics) where, for purposes
of calculating net worth under this subparagraph--
``(i) the person's primary residence shall
not be included as an asset;
``(ii) indebtedness that is secured by the
person's primary residence, up to the estimated
fair market value of the primary residence at
the time of the sale of securities, shall not
be included as a liability (except that if the
amount of such indebtedness outstanding at the
time of sale of securities exceeds the amount
outstanding 60 days before such time, other
than as a result of the acquisition of the
primary residence, the amount of such excess
shall be included as a liability); and
``(iii) indebtedness that is secured by the
person's primary residence in excess of the
estimated fair market value of the primary
residence at the time of the sale of securities
shall be included as a liability;
``(C) any natural person who had an individual
income in excess of $200,000 in each of the 2 most
recent years or joint income with that person's spouse
in excess of $300,000 in each of those years and has a
reasonable expectation of reaching the same income
level in the current year;
``(D) any natural person who is currently licensed
or registered as a broker or investment adviser by the
Commission, the Financial Industry Regulatory
Authority, or an equivalent self-regulatory
organization (as defined in section 3(a)(26) of the
Securities Exchange Act of 1934), or the securities
division of a State or the equivalent State division
responsible for licensing or registration of
individuals in connection with securities activities;
``(E) any natural person the Commission determines,
by regulation, to have demonstrable education or job
experience to qualify such person as having
professional knowledge of a subject related to a
particular investment, and whose education or job
experience is verified by the Financial Industry
Regulatory Authority or an equivalent self-regulatory
organization (as defined in section 3(a)(26) of the
Securities Exchange Act of 1934); or''.
(b) Rulemaking.--The Commission shall revise the definition of
accredited investor under Regulation D (17 C.F.R. 230.501 et seq.) to
conform with the amendments made by subsection (a).
Subtitle F--Fostering Innovation Act
temporary exemption for low-revenue issuers
Sec. 909. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7262) is amended by adding at the end the following:
``(d) Temporary Exemption for Low-Revenue Issuers.--
``(1) Low-revenue exemption.--Subsection (b) shall not
apply with respect to an audit report prepared for an issuer
that--
``(A) ceased to be an emerging growth company on
the last day of the fiscal year of the issuer following
the fifth anniversary of the date of the first sale of
common equity securities of the issuer pursuant to an
effective registration statement under the Securities
Act of 1933;
``(B) had average annual gross revenues of less
than $50,000,000 as of its most recently completed
fiscal year; and
``(C) is not a large accelerated filer.
``(2) Expiration of temporary exemption.--An issuer ceases
to be eligible for the exemption described under paragraph (1)
at the earliest of--
``(A) the last day of the fiscal year of the issuer
following the tenth anniversary of the date of the
first sale of common equity securities of the issuer
pursuant to an effective registration statement under
the Securities Act of 1933;
``(B) the last day of the fiscal year of the issuer
during which the average annual gross revenues of the
issuer exceed $50,000,000; or
``(C) the date on which the issuer becomes a large
accelerated filer.
``(3) Definitions.--For purposes of this subsection:
``(A) Average annual gross revenues.--The term
`average annual gross revenues' means the total gross
revenues of an issuer over its most recently completed
three fiscal years divided by three.
``(B) Emerging growth company.--The term `emerging
growth company' has the meaning given such term under
section 3 of the Securities Exchange Act of 1934 (15
U.S.C. 78c).
``(C) Large accelerated filer.--The term `large
accelerated filer' has the meaning given that term
under section 240.12b-2 of title 17, Code of Federal
Regulations, or any successor thereto.''.
Subtitle G--End Banking for Human Traffickers Act
increasing the role of the financial industry in combating human
trafficking
Sec. 910. (a) Treasury as a Member of the President's Interagency
Task Force To Monitor and Combat Trafficking.--Section 105(b) of the
Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7103(b)) is amended by inserting ``the Secretary of the Treasury,''
after ``the Secretary of Education,''.
(b) Required Review of Procedures.--Not later than 180 days after
the date of the enactment of this Act, the Financial Institutions
Examination Council, in consultation with the Secretary of the
Treasury, the private sector, and appropriate law enforcement agencies,
shall--
(1) review and enhance training and examinations procedures
to improve the capabilities of anti-money laundering and
countering the financing of terrorism programs to detect
financial transactions relating to severe forms of trafficking
in persons;
(2) review and enhance procedures for referring potential
cases relating to severe forms of trafficking in persons to the
appropriate law enforcement agency; and
(3) determine, as appropriate, whether requirements for
financial institutions are sufficient to detect and deter money
laundering relating to severe forms of trafficking in persons.
(c) Interagency Task Force Recommendations Targeting Money
Laundering Related to Human Trafficking.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Interagency Task Force to
Monitor and Combat Trafficking shall submit to the Committee on
Financial Services and the Committee on the Judiciary of the
House of Representatives, the Committee on Banking, Housing,
and Urban Affairs and the Committee on the Judiciary of the
Senate, and the head of each appropriate Federal banking
agency--
(A) an analysis of anti-money laundering efforts of
the United States Government and United States
financial institutions relating to severe forms of
trafficking in persons; and
(B) appropriate legislative, administrative, and
other recommendations to strengthen efforts against
money laundering relating to severe forms of
trafficking in persons.
(2) Required recommendations.--The recommendations under
paragraph (1) shall include--
(A) feedback from financial institutions on best
practices of successful programs to combat severe forms
of trafficking in persons currently in place that may
be suitable for broader adoption by similarly situated
financial institutions;
(B) feedback from stakeholders, including victims
of severe forms of trafficking in persons and financial
institutions, on policy proposals derived from the
analysis conducted by the task force referred to in
paragraph (1) that would enhance the efforts and
programs of financial institutions to detect and deter
money laundering relating to severe forms of
trafficking in persons, including any recommended
changes to internal policies, procedures, and controls
relating to severe forms of trafficking in persons;
(C) any recommended changes to training programs at
financial institutions to better equip employees to
deter and detect money laundering relating to severe
forms of trafficking in persons;
(D) any recommended changes to expand information
sharing relating to severe forms of trafficking in
persons among financial institutions and between such
financial institutions, appropriate law enforcement
agencies, and appropriate Federal agencies; and
(E) recommended changes, if necessary, to existing
statutory law to more effectively detect and deter
money laundering relating to severe forms of
trafficking in persons, where such money laundering
involves the use of emerging technologies and virtual
currencies.
(d) Limitation.--Nothing in this subtitle shall be construed to
grant rulemaking authority to the Interagency Task Force to Monitor and
Combat Trafficking.
(e) Definitions.--As used in this section--
(1) the term ``appropriate Federal banking agency'' has the
meaning given the term in section 3(q) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(q));
(2) the term ``severe forms of trafficking in persons'' has
the meaning given such term in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102);
(3) the term ``Interagency Task Force to Monitor and Combat
Trafficking'' means the Interagency Task Force to Monitor and
Combat Trafficking established by the President pursuant to
section 105 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103); and
(4) the term ``law enforcement agency'' means an agency of
the United States, a State, or a political subdivision of a
State, authorized by law or by a government agency to engage in
or supervise the prevention, detection, investigation, or
prosecution of any violation of criminal or civil law.
coordination of human trafficking issues by the office of terrorism and
financial intelligence
Sec. 911. (a) Functions.--Section 312(a)(4) of title 31, United
States Code, is amended--
(1) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) combating illicit financing relating to
severe forms of trafficking in persons;''.
(b) Interagency Coordination.--Section 312(a) of title 31, United
States Code, is amended by adding at the end the following:
``(8) Interagency coordination.--The Secretary of the
Treasury, after consultation with the Undersecretary for
Terrorism and Financial Crimes, shall designate an office
within the OTFI that shall coordinate efforts to combat the
illicit financing of severe forms of trafficking in persons
with--
``(A) other offices of the Department of the
Treasury;
``(B) other Federal agencies, including--
``(i) the Office to Monitor and Combat
Trafficking in Persons of the Department of
State; and
``(ii) the Interagency Task Force to
Monitor and Combat Trafficking;
``(C) State and local law enforcement agencies; and
``(D) foreign governments.''.
(c) Definition.--Section 312(a) of title 31, United States Code, as
amended by this section, is further amended by adding at the end the
following:
``(9) Definition.--In this subsection, the term `severe
forms of trafficking in persons' has the meaning given such
term in section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102).''.
additional reporting requirement under the trafficking victims
protection act of 2000
Sec. 912. Section 105(d)(7) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7103(d)(7)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``the Committee on Financial
Services,'' after ``the Committee on Foreign
Affairs,''; and
(B) by inserting ``the Committee on Banking,
Housing, and Urban Affairs,'' after ``the Committee on
Foreign Relations,'';
(2) in subparagraph (Q)(vii), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (R), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(S) the efforts of the United States to eliminate
money laundering relating to severe forms of
trafficking in persons and the number of
investigations, arrests, indictments, and convictions
in money laundering cases with a nexus to severe forms
of trafficking in persons.''.
minimum standards for the elimination of trafficking
Sec. 913. Section 108(b) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7106(b)) is amended by adding at the end the
following new paragraph:
``(13) Whether the government of the country, consistent
with the capacity of the country, has in effect a framework to
prevent financial transactions involving the proceeds of severe
forms of trafficking in persons, and is taking steps to
implement such a framework, including by investigating,
prosecuting, convicting, and sentencing individuals who attempt
or conduct such transactions.''.
Subtitle H--Investing in Main Street Act
investment in small business investment companies
Sec. 914. Section 302(b) of the Small Business Investment Act of
1958 (15 U.S.C. 682(b)) is amended--
(1) in paragraph (1), by inserting before the period the
following: ``or, subject to the approval of the appropriate
Federal banking agency, 15 percent of such capital and
surplus'';
(2) in paragraph (2), by inserting before the period the
following: ``or, subject to the approval of the appropriate
Federal banking agency, 15 percent of such capital and
surplus''; and
(3) by adding at the end the following:
``(3) Appropriate federal banking agency defined.--For
purposes of this subsection, the term `appropriate Federal
banking agency' has the meaning given that term under section 3
of the Federal Deposit Insurance Act.''.
Subtitle I--Privacy Notification Technical Clarification Act
exception to annual notice requirement
Sec. 915. Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C.
6803) is amended by adding at the end the following:
``(g) Additional Exception to Annual Notice Requirement.--
``(1) In general.--A vehicle financial company that has not
changed its policies and practices with regard to disclosing
nonpublic personal information from the policies and practices
that were disclosed in the most recent disclosure sent to
consumers in accordance with this section shall not be required
to provide an annual disclosure under this section if--
``(A) the vehicle financial company makes its
current policy available to consumers on its website
and via mail upon written request sent to a designated
address identified for the purpose of requesting the
policy or upon telephone request made using a toll free
consumer service telephone number;
``(B) the vehicle financial company conspicuously
notifies consumers of the availability of the current
policy, including--
``(i) with respect to consumers who are
entitled to a periodic billing statement, a
message on the front page of each periodic
billing statement; and
``(ii) with respect to consumers who are
not entitled to a periodic billing statement,
through other reasonable means such as through
a link on the landing page of the company's
website or with other written communication,
including electronic communication, sent to the
consumer; and
``(C) the vehicle financial company--
``(i) provides consumers with the ability
to opt out, subject to any exemption or
exception provided under subsection (b)(2) or
(e) of section 502 or under regulations
prescribed under section 504(b), of having the
consumer's nonpublic personal information
disclosed to a nonaffiliated third party; and
``(ii) includes a description about where
to locate the procedures for a consumer to
select such opt out in each periodic billing
statement sent to the consumer.
``(2) Treatment of multiple policies.--If a vehicle
financial company maintains more than one set of policies
described under paragraph (1) that vary depending on the
consumer's account status or State of residence, the vehicle
financial company may comply with the website posting
requirement in paragraph (1)(A) by posting all of such policies
to the public section of the vehicle financial company's
website, with instructions for choosing the applicable policy.
``(3) Vehicle financial company defined.--For purposes of
this subsection, the term `vehicle financial company' means--
``(A) a financial institution that--
``(i) is regularly engaged in the business
of extending credit for the purchase of
vehicles;
``(ii) is affiliated with a vehicle
manufacturer; and
``(iii) only shares nonpublic personal
information of consumers with nonaffiliated
third parties that are vehicle dealers; or
``(B) a financial institution that--
``(i) regularly engages in the business of
extending credit for the purchase or lease of
vehicles from vehicle dealers; or
``(ii) purchases vehicle installment sales
contracts or leases from vehicle dealers.''.
Subtitle II--Financial Institution Customer Protection Act
requirements for deposit account termination requests and orders
Sec. 916. (a) Termination Requests or Orders Must Be Valid.--
(1) In general.--An appropriate Federal banking agency may
not formally or informally request or order a depository
institution to terminate a specific customer account or group
of customer accounts or to otherwise restrict or discourage a
depository institution from entering into or maintaining a
banking relationship with a specific customer or group of
customers unless--
(A) the agency has a valid reason for such request
or order; and
(B) such reason is not based solely on reputation
risk.
(2) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific customer
or group of customers is, or is acting as a conduit for, an
entity which--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the Government of Iran, North
Korea, Syria, or any country listed from time to time
on the State Sponsors of Terrorism list;
(D) is located in, or is subject to the
jurisdiction of, any country specified in subparagraph
(C); or
(E) does business with any entity described in
subparagraph (C) or (D), unless the appropriate Federal
banking agency determines that the customer or group of
customers has used due diligence to avoid doing
business with any entity described in subparagraph (C)
or (D),
such belief shall satisfy the requirement under paragraph (1).
(b) Notice Requirement.--
(1) In general.--If an appropriate Federal banking agency
formally or informally requests or orders a depository
institution to terminate a specific customer account or a group
of customer accounts, the agency shall--
(A) provide such request or order to the
institution in writing; and
(B) accompany such request or order with a written
justification for why such termination is needed,
including any specific laws or regulations the agency
believes are being violated by the customer or group of
customers, if any.
(2) Justification requirement.--A justification described
under paragraph (1)(B) may not be based solely on the
reputation risk to the depository institution.
(c) Customer Notice.--
(1) Notice required.--Except as provided under paragraph
(2) or as otherwise prohibited from being disclosed by law, if
an appropriate Federal banking agency orders a depository
institution to terminate a specific customer account or a group
of customer accounts, the depository institution shall inform
the specific customer or group of customers of the
justification for the customer's account termination described
under subsection (b).
(2) Notice prohibited.--
(A) Notice prohibited in cases of national
security.--If an appropriate Federal banking agency
requests or orders a depository institution to
terminate a specific customer account or a group of
customer accounts based on a belief that the customer
or customers pose a threat to national security, or are
otherwise described under subsection (a)(2), neither
the depository institution nor the appropriate Federal
banking agency may inform the customer or customers of
the justification for the customer's account
termination.
(B) Notice prohibited in other cases.--If an
appropriate Federal banking agency determines that the
notice required under paragraph (1) may interfere with
an authorized criminal investigation, neither the
depository institution nor the appropriate Federal
banking agency may inform the specific customer or
group of customers of the justification for the
customer's account termination.
(d) Reporting Requirement.--Each appropriate Federal banking agency
shall issue an annual report to the Congress stating--
(1) the aggregate number of specific customer accounts that
the agency requested or ordered a depository institution to
terminate during the previous year; and
(2) the legal authority on which the agency relied in
making such requests and orders and the frequency on which the
agency relied on each such authority.
(e) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(A) the appropriate Federal banking agency, as
defined under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
(B) the National Credit Union Administration, in
the case of an insured credit union.
(2) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution, as defined under
section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813); and
(B) an insured credit union.
Subtitle III--Encouraging Public Offerings Act
expanding testing the waters and confidential submissions
Sec. 917. The Securities Act of 1933 (15 U.S.C. 77a et seq.) is
amended--
(1) in section 5(d)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding'';
(B) by striking ``an emerging growth company or any
person authorized to act on behalf of an emerging
growth company'' and inserting ``an issuer or any
person authorized to act on behalf of an issuer''; and
(C) by adding at the end the following:
``(2) Additional requirements.--
``(A) In general.--The Commission may issue
regulations, subject to public notice and comment, to
impose such other terms, conditions, or requirements on
the engaging in oral or written communications
described under paragraph (1) by an issuer other than
an emerging growth company as the Commission determines
appropriate.
``(B) Report to congress.--Prior to any rulemaking
described under subparagraph (A), the Commission shall
issue a report to the Congress containing a list of the
findings supporting the basis of such rulemaking.'';
and
(2) in section 6(e)--
(A) in the heading, by striking ``Emerging Growth
Companies'' and inserting ``Draft Registration
Statements'';
(B) by redesignating paragraph (2) as paragraph
(4); and
(C) by striking paragraph (1) and inserting the
following:
``(1) Prior to initial public offering.--Any issuer, prior
to its initial public offering date, may confidentially submit
to the Commission a draft registration statement, for
confidential nonpublic review by the staff of the Commission
prior to public filing, provided that the initial confidential
submission and all amendments thereto shall be publicly filed
with the Commission not later than 15 days before the date on
which the issuer conducts a road show (as defined under section
230.433(h)(4) of title 17, Code of Federal Regulations) or, in
the absence of a road show, at least 15 days prior to the
requested effective date of the registration statement.
``(2) Within 1 year after initial public offering or
exchange registration.--Any issuer, within the 1-year period
following its initial public offering or its registration of a
security under section 12(b) of the Securities Exchange Act of
1934, may confidentially submit to the Commission a draft
registration statement, for confidential nonpublic review by
the staff of the Commission prior to public filing, provided
that the initial confidential submission and all amendments
thereto shall be publicly filed with the Commission not later
than 15 days before the date on which the issuer conducts a
road show (as defined under section 230.433(h)(4) of title 17,
Code of Federal Regulations) or, in the absence of a road show,
at least 15 days prior to the requested effective date of the
registration statement.
``(3) Additional requirements.--
``(A) In general.--The Commission may issue
regulations, subject to public notice and comment, to
impose such other terms, conditions, or requirements on
the submission of draft registration statements
described under this subsection by an issuer other than
an emerging growth company as the Commission determines
appropriate.
``(B) Report to congress.--Prior to any rulemaking
described under subparagraph (A), the Commission shall
issue a report to the Congress containing a list of the
findings supporting the basis of such rulemaking.''.
Subtitle IV--Risk-Based Credit Examination Act
risk-based examinations of nationally recognized statistical rating
organizations
Sec. 918.
Section 15E(p)(3)(B) of the Securities Exchange Act of 1934 (15
U.S.C. 78o-7(p)(3)(B)) is amended in the matter preceding clause (i),
by inserting ``, as appropriate,'' after ``Each examination under
subparagraph (A) shall include''.
Subtitle V--Protection of Source Code Act
procedure for obtaining certain intellectual property
Sec. 919. (a) Persons Under Securities Act of 1933.--Section 8 of
the Securities Act of 1933 (15 U.S.C. 77h) is amended by adding at the
end the following:
``(g) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title a person to
produce or furnish source code, including algorithmic trading source
code or similar intellectual property that forms the basis for design
of the source code, to the Commission unless the Commission first
issues a subpoena.''.
(b) Persons Under the Securities Exchange Act of 1934.--Section 23
of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by
adding at the end the following:
``(e) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title a person to
produce or furnish source code, including algorithmic trading source
code or similar intellectual property that forms the basis for design
of the source code, to the Commission unless the Commission first
issues a subpoena.''.
(c) Investment Companies.--Section 31 of the Investment Company Act
of 1940 (15 U.S.C. 80a-30) is amended by adding at the end the
following:
``(e) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title an investment
company to produce or furnish source code, including algorithmic
trading source code or similar intellectual property that forms the
basis for design of the source code, to the Commission unless the
Commission first issues a subpoena.''.
(d) Investment Advisers.--Section 204 of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by adding at the end the following:
``(f) Procedure for Obtaining Certain Intellectual Property.--The
Commission is not authorized to compel under this title an investment
adviser to produce or furnish source code, including algorithmic
trading source code or similar intellectual property that forms the
basis for design of the source code, to the Commission unless the
Commission first issues a subpoena.''; and
(2) in the second subsection (d), by striking ``(d)'' and
inserting ``(e)''.
Subtitle VI--Family Office Technical Correction Act
accredited investor clarification
Sec. 920. (a) In General.--Subject to subsection (b), any family
office or a family client of a family office, as defined in section
275.202(a)(11)(G)-1 of title 17, Code of Federal Regulations, shall be
deemed to be an accredited investor, as defined in Regulation D of the
Securities and Exchange Commission (or any successor thereto) under the
Securities Act of 1933.
(b) Limitation.--Subsection (a) only applies to a family office
with assets under management in excess of $5,000,000, and a family
office or a family client not formed for the specific purpose of
acquiring the securities offered, and whose purchase is directed by a
person who has such knowledge and experience in financial and business
matters that such person is capable of evaluating the merits and risks
of the prospective investment.
Subtitle VII--Market Data Protection Act
internal risk controls
Sec. 921. The Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.) is amended--
(1) by inserting after section 4E the following:
``SEC. 4F. INTERNAL RISK CONTROLS.
``(a) In General.--Each of the following entities, in consultation
with the Chief Economist, shall develop comprehensive internal risk
control mechanisms to safeguard and govern the storage of all market
data by such entity, all market data sharing agreements of such entity,
and all academic research performed at such entity using market data:
``(1) The Commission.
``(2) Each national securities association registered
pursuant to section 15A.
``(3) The operator of the consolidated audit trail created
by a national market system plan approved pursuant to section
242.613 of title 17, Code of Federal Regulations (or any
successor regulation).
``(b) Consolidated Audit Trail Prohibited From Accepting Market
Data Until Mechanisms Developed.--The operator described in paragraph
(3) of subsection (a) may not accept market data (or shall cease
accepting market data) until the operator has developed the mechanisms
required by such subsection. Any requirement for a person to provide
market data to the operator shall not apply during any time when the
operator is prohibited by this subsection from accepting such data.
``(c) Treatment of Previously Developed Mechanisms.--The
development of comprehensive internal risk control mechanisms required
by subsection (a) may occur, in whole or in part, before the date of
the enactment of this section, if such development and such mechanisms
meet the requirements of such subsection (including consultation with
the Chief Economist).''; and
(2) in section 3(a)--
(A) by redesignating the second paragraph (80)
(relating to funding portals) as paragraph (81); and
(B) by adding at the end the following:
``(82) Chief economist.--The term `Chief Economist' means
the Director of the Division of Economic and Risk Analysis, or
an employee of the Commission with comparable authority, as
determined by the Commission.''.
Subtitle VIII--Financial Stability Oversight Council Improvement Act
sifi designation process
Sec. 922. Section 113 of the Financial Stability Act of 2010 (12
U.S.C. 5323) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (J), by striking ``and'' at the
end;
(B) by redesignating subparagraph (K) as
subparagraph (L); and
(C) by inserting after subparagraph (J) the
following:
``(K) the appropriateness of the imposition of
prudential standards as opposed to other forms of
regulation to mitigate the identified risks; and'';
(2) in subsection (b)(2)--
(A) in subparagraph (J), by striking ``and'' at the
end;
(B) by redesignating subparagraph (K) as
subparagraph (L);
(C) by inserting after subparagraph (J) the
following:
``(K) the appropriateness of the imposition of
prudential standards as opposed to other forms of
regulation to mitigate the identified risks; and''; and
(3) by amending subsection (d) to read as follows:
``(d) Reevaluation and Rescission.--
``(1) Annual reevaluation.--Not less frequently than
annually, the Council shall reevaluate each determination made
under subsections (a) and (b) with respect to a nonbank
financial company supervised by the Board of Governors and
shall--
``(A) provide written notice to the nonbank
financial company being reevaluated and afford such
company an opportunity to submit written materials,
within such time as the Council determines to be
appropriate (but which shall be not less than 30 days
after the date of receipt by the company of such
notice), to contest the determination, including
materials concerning whether, in the company's view,
material financial distress at the company, or the
nature, scope, size, scale, concentration,
interconnectedness, or mix of the activities of the
company could pose a threat to the financial stability
of the United States;
``(B) provide an opportunity for the nonbank
financial company to meet with the Council to present
the information described in subparagraph (A); and
``(C) if the Council does not rescind the
determination, provide notice to the nonbank financial
company, its primary financial regulatory agency and
the primary financial regulatory agency of any of the
company's significant subsidiaries of the reasons for
the Council's decision, which notice shall address with
specificity how the Council assessed the material
factors presented by the company under subparagraphs
(A) and (B).
``(2) Periodic reevaluation.--
``(A) Review.--Every 5 years after the date of a
final determination with respect to a nonbank financial
company under subsection (a) or (b), as applicable, the
nonbank financial company may submit a written request
to the Council for a reevaluation of such
determination. Upon receipt of such a request, the
Council shall conduct a reevaluation of such
determination and hold a vote on whether to rescind
such determination.
``(B) Procedures.--Upon receipt of a written
request under paragraph (A), the Council shall fix a
time (not earlier than 30 days after the date of
receipt of the request) and place at which such company
may appear, personally or through counsel, to--
``(i) submit written materials (which may
include a plan to modify the company's
business, structure, or operations, which shall
specify the length of the implementation
period); and
``(ii) provide oral testimony and oral
argument before the members of the Council.
``(C) Treatment of plan.--If the company submits a
plan in accordance with subparagraph (B)(i), the
Council shall consider whether the plan, if
implemented, would cause the company to no longer meet
the standards for a final determination under
subsection (a) or (b), as applicable. The Council shall
provide the nonbank financial company an opportunity to
revise the plan after consultation with the Council.
``(D) Explanation for certain companies.--With
respect to a reevaluation under this paragraph where
the determination being reevaluated was made before the
date of enactment of this paragraph, the nonbank
financial company may require the Council, as part of
such reevaluation, to explain with specificity the
basis for such determination.
``(3) Rescission of determination.--
``(A) In general.--If the Council, by a vote of not
fewer than \2/3\ of the voting members then serving,
including an affirmative vote by the Chairperson,
determines under this subsection that a nonbank
financial company no longer meets the standards for a
final determination under subsection (a) or (b), as
applicable, the Council shall rescind such
determination.
``(B) Approval of company plan.--Approval by the
Council of a plan submitted or revised in accordance
with paragraph (2) shall require a vote of not fewer
than \2/3\ of the voting members then serving,
including an affirmative vote by the Chairperson. If
such plan is approved by the Council, the company shall
implement the plan during the period identified in the
plan, except that the Council, in its sole discretion
and upon request from the company, may grant one or
more extensions of the implementation period. After the
end of the implementation period, including any
extensions granted by the Council, the Council shall
proceed to a vote as described under subparagraph
(A).'';
(4) by amending subsection (e) to read as follows:
``(e) Requirements for Proposed Determination, Notice and
Opportunity for Hearing, and Final Determination.--
``(1) Notice of identification for initial evaluation and
opportunity for voluntary submission.--Upon identifying a
nonbank financial company for comprehensive analysis of the
potential for the nonbank company to pose a threat to the
financial stability of the United States, the Council shall
provide the nonbank financial company with--
``(A) written notice that explains with specificity
the basis for so identifying the company, a copy of
which shall be provided to the company's primary
financial regulatory agency;
``(B) an opportunity to submit written materials
for consideration by the Council as part of the
Council's initial evaluation of the risk profile and
characteristics of the company;
``(C) an opportunity to meet with the Council to
discuss the Council's analysis; and
``(D) a list of the public sources of information
being considered by the Council as part of such
analysis.
``(2) Requirements before making a proposed
determination.--Before making a proposed determination with
respect to a nonbank financial company under paragraph (3), the
Council shall--
``(A) by a vote of not fewer than \2/3\ of the
voting members then serving, including an affirmative
vote by the Chairperson, approve a resolution that
identifies with specificity any risks to the financial
stability of the United States the Council has
identified relating to the nonbank financial company;
``(B) with respect to nonbank financial company
with a primary financial regulatory agency, provide a
copy of the resolution described under subparagraph (A)
to the primary financial regulatory agency and provide
such agency with at least 180 days from the receipt of
the resolution to--
``(i) consider the risks identified in the
resolution; and
``(ii) provide a written response to the
Council that includes its assessment of the
risks identified and the degree to which they
are or could be addressed by existing
regulation and, as appropriate, issue proposed
regulations or undertake other regulatory
action to mitigate the identified risks;
``(C) provide the nonbank financial company with
written notice that the Council--
``(i) is considering whether to make a
proposed determination with respect to the
nonbank financial company under subsection (a)
or (b), as applicable, which notice explains
with specificity the basis for the Council's
consideration, including any aspects of the
company's operations or activities that are a
primary focus for the Council; or
``(ii) has determined not to subject the
company to further review, which action shall
not preclude the Council from issuing a notice
to the company under subparagraph (1)(A) at a
future time; and
``(D) in the case of a notice to the nonbank
financial company under subparagraph (C)(i), provide
the company with--
``(i) an opportunity to meet with the
Council to discuss the Council's analysis;
``(ii) an opportunity to submit written
materials, within such time as the Council
deems appropriate (but not less than 30 days
after the date of receipt by the company of the
notice described under clause (i)), to the
Council to inform the Council's consideration
of the nonbank financial company for a proposed
determination, including materials concerning
the company's views as to whether it satisfies
the standard for determination set forth in
subsection (a) or (b), as applicable;
``(iii) an explanation of how any request
by the Council for information from the nonbank
financial company relates to potential risks to
the financial stability of the United States
and the Council's analysis of the company;
``(iv) written notice when the Council
deems its evidentiary record regarding such
nonbank financial company to be complete; and
``(v) an opportunity to meet with the
members of the Council.
``(3) Proposed determination.--
``(A) Voting.--The Council may, by a vote of not
fewer than \2/3\ of the voting members then serving,
including an affirmative vote by the Chairperson,
propose to make a determination in accordance with the
provisions of subsection (a) or (b), as applicable,
with respect to a nonbank financial company.
``(B) Deadline for making a proposed
determination.--With respect to a nonbank financial
company provided with a written notice under paragraph
(2)(C)(i), if the Council does not provide the company
with the written notice of a proposed determination
described under paragraph (4) within the 180-day period
following the date on which the Council notifies the
company under paragraph (2)(C) that the evidentiary
record is complete, the Council may not make such a
proposed determination with respect to such company
unless the Council repeats the procedures described
under paragraph (2).
``(C) Review of actions of primary financial
regulatory agency.--With respect to a nonbank financial
company with a primary financial regulatory agency, the
Council may not vote under subparagraph (A) to make a
proposed determination unless--
``(i) the Council first determines that any
proposed regulations or other regulatory
actions taken by the primary financial
regulatory agency after receipt of the
resolution described under paragraph (2)(A) are
insufficient to mitigate the risks identified
in the resolution;
``(ii) the primary financial regulatory
agency has notified the Council that the agency
has no proposed regulations or other regulatory
actions to mitigate the risks identified in the
resolution; or
``(iii) the period allowed by the Council
under paragraph (2)(B) has elapsed and the
primary financial regulatory agency has taken
no action in response to the resolution.
``(4) Notice of proposed determination.--The Council
shall--
``(A) provide to a nonbank financial company
written notice of a proposed determination of the
Council, including an explanation of the basis of the
proposed determination of the Council, that a nonbank
financial company shall be supervised by the Board of
Governors and shall be subject to prudential standards
in accordance with this title, an explanation of the
specific risks to the financial stability of the United
States presented by the nonbank financial company, and
a detailed explanation of why existing regulations or
other regulatory action by the company's primary
financial regulatory agency, if any, is insufficient to
mitigate such risk; and
``(B) provide the primary financial regulatory
agency of the nonbank financial company a copy of the
nonpublic written explanation of the Council's proposed
determination.
``(5) Hearing.--
``(A) In general.--Not later than 30 days after the
date of receipt of any notice of a proposed
determination under paragraph (4), the nonbank
financial company may request, in writing, an
opportunity for a written or oral hearing before the
Council to contest the proposed determination,
including the opportunity to present a plan to modify
the company's business, structure, or operations in
order to mitigate the risks identified in the notice,
and which plan shall also include any steps the company
expects to take during the implementation period to
mitigate such risks.
``(B) Grant of hearing.--Upon receipt of a timely
request, the Council shall fix a time (not earlier than
30 days after the date of receipt of the request) and
place at which such company may appear, personally or
through counsel, to--
``(i) submit written materials (which may
include a plan to modify the company's
business, structure, or operations); or
``(ii) provide oral testimony and oral
argument to the members of the Council.
``(6) Council consideration of company plan.--
``(A) In general.--If a nonbank financial company
submits a plan in accordance with paragraph (5), the
Council shall, prior to making a final determination--
``(i) consider whether the plan, if
implemented, would mitigate the risks
identified in the notice under paragraph (4);
and
``(ii) provide the nonbank financial
company an opportunity to revise the plan after
consultation with the Council.
``(B) Voting.--Approval by the Council of a plan
submitted under paragraph (5) or revised under
subparagraph (A)(ii) shall require a vote of not fewer
than \2/3\ of the voting members then serving,
including an affirmative vote by the Chairperson.
``(C) Implementation of approved plan.--With
respect to a nonbank financial company's plan approved
by the Council under subparagraph (B), the company
shall have one year to implement the plan, except that
the Council, in its sole discretion and upon request
from the nonbank financial company, may grant one or
more extensions of the implementation period.
``(D) Oversight of implementation.--
``(i) Periodic reports.--The Council,
acting through the Office of Financial
Research, may require the submission of
periodic reports from a nonbank financial
company for the purpose of evaluating the
company's progress in implementing a plan
approved by the Council under subparagraph (B).
``(ii) Inspections.--The Council may direct
the primary financial regulatory agency of a
nonbank financial company or its subsidiaries
(or, if none, the Board of Governors) to
inspect the company or its subsidiaries for the
purpose of evaluating the implementation of the
company's plan.
``(E) Authority to rescind approval.--
``(i) In general.--During the
implementation period described under
subparagraph (C), including any extensions
granted by the Council, the Council shall
retain the authority to rescind its approval of
the plan if the Council finds, by a vote of not
fewer than \2/3\ of the voting members then
serving, including an affirmative vote by the
Chairperson, that the company's implementation
of the plan is no longer sufficient to mitigate
or prevent the risks identified in the
resolution described under paragraph (2)(A).
``(ii) Final determination vote.--The
Council may proceed to a vote on final
determination under subsection (a) or (b), as
applicable, not earlier than 10 days after
providing the nonbank financial company with
written notice that the Council has rescinded
the approval of the company's plan pursuant to
clause (i).
``(F) Actions after implementation.--
``(i) Evaluation of implementation.--After
the end of the implementation period described
under subparagraph (C), including any
extensions granted by the Council, the Council
shall consider whether the plan, as implemented
by the nonbank financial company, adequately
mitigates or prevents the risks identified in
the resolution described under paragraph
(2)(A).
``(ii) Voting.--If, after performing an
evaluation under clause (i), not fewer than \2/
3\ of the voting members of the Council then
serving, including an affirmative vote by the
Chairperson, determine that the plan, as
implemented, adequately mitigates or prevents
the identified risks, the Council shall not
make a final determination under subsection (a)
or (b), as applicable, with respect to the
nonbank financial company and shall notify the
company of the Council's decision to take no
further action.
``(7) Final council decisions.--
``(A) In general.--Not later than 90 days after the
date of a hearing under paragraph (5), the Council
shall notify the nonbank financial company of--
``(i) a final determination under
subsection (a) or (b), as applicable;
``(ii) the Council's approval of a plan
submitted by the nonbank financial company
under paragraph (5) or revised under paragraph
(6); or
``(iii) the Council's decision to take no
further action with respect to the nonbank
financial company.
``(B) Explanatory statement.--A final determination
of the Council, under subsection (a) or (b), shall
contain a statement of the basis for the decision of
the Council, including the reasons why the Council
rejected any plan by the nonbank financial company
submitted under paragraph (5) or revised under
paragraph (6).
``(C) Notice to primary financial regulatory
agency.--In the case of a final determination under
subsection (a) or (b), the Council shall provide the
primary financial regulatory agency of the nonbank
financial company a copy of the nonpublic written
explanation of the Council's final determination.'';
(5) in subsection (g), strike ``before the Council makes
any final determination'' and insert ``from the outset of the
Council's consideration of the company, including before the
Council makes any proposed or final determination''; and
(6) by adding at the end the following:
``(j) Public Disclosure Requirement.--The Council shall--
``(1) in each case where a nonbank financial company has
been notified that it is subject to the Council's review and
the company has publicly disclosed such fact, confirm that the
nonbank financial company is subject to the Council's review,
in response to a request from a third party;
``(2) upon making a final determination, publicly provide a
written explanation of the basis for its decision with
sufficient detail to provide the public with an understanding
of the specific bases of the Council's determination, including
any assumptions related thereof, subject to the requirements of
section 112(d)(5);
``(3) include, in the annual report required by section
112, the number of nonbank financial companies from the
previous year subject to preliminary analysis, further review,
and subject to a proposed or final determination; and
``(4) within 90 days after the enactment of this
subsection, publish information regarding its methodology for
calculating any quantitative thresholds or other metrics used
to identify nonbank financial companies for analysis by the
Council.
``(k) Periodic Assessment of the Impact of Designations.--
``(1) Assessment.--Every five years after the date of
enactment of this section, the Council shall--
``(A) conduct a study of the Council's
determinations that nonbank financial companies shall
be supervised by the Board of Governors and shall be
subject to prudential standards; and
``(B) comprehensively assess the impact of such
determinations on the companies for which such
determinations were made and the wider economy,
including whether such determinations are having the
intended result of improving the financial stability of
the United States.
``(2) Report.--Not later than 90 days after completing a
study required under paragraph (1), the Council shall issue a
report to the Congress that--
``(A) describes all findings and conclusions made
by the Council in carrying out such study; and
``(B) identifies whether any of the Council's
determinations should be rescinded or whether related
regulations or regulatory guidance should be modified,
streamlined, expanded, or repealed.''.
rule of construction
Sec. 923. None of the amendments made by this subtitle may be
construed as limiting the Financial Stability Oversight Council's
emergency powers under section 113(f) of the Financial Stability Act of
2010 (12 U.S.C. 5323(f)).
Subtitle IX--Expanding Access to Capital for Rural Job Creators Act
access to capital for rural-area small businesses
Sec. 925.
Section 4(j) of the Securities Exchange Act of 1934 (15 U.S.C.
78d(j)) is amended--
(1) in paragraph(4)(C), by inserting ``rural-area small
businesses,'' after ``women-owned small businesses,''; and
(2) in paragraph (6)(B)(iii), by inserting ``rural-area
small businesses,'' after ``women-owned small businesses,''.
Subtitle X--Volcker Rule Regulatory Harmonization Act
rulemaking authority under the volcker rule
Sec. 926.
(a) In General.--Paragraph (2) of section 13(b) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1851(b)(2)) is amended to read as
follows:
``(2) Rulemaking.--
``(A) In general.--The Board may, as appropriate,
consult with the Comptroller of the Currency, the
Federal Deposit Insurance Corporation, the Securities
and Exchange Commission, or the Commodity Futures
Trading Commission to adopt rules or guidance to carry
out this section, as provided in subparagraph (B).
``(B) Rulemaking requirements.--In adopting a rule
or guidance under subparagraph (A), the Board--
``(i) shall consider the findings of the
report required in paragraph (1) and, as
appropriate, subsequent reports;
``(ii) shall assure, to the extent
possible, that such rule or guidance provide
for consistent application and implementation
of the applicable provisions of this section to
avoid providing advantages or imposing
disadvantages to the companies affected by this
subsection and to protect the safety and
soundness of banking entities and nonbank
financial companies supervised by the Board;
and
``(iii) shall include requirements to
ensure compliance with this section, such as
requirements regarding internal controls and
recordkeeping.
``(C) Authority.--The Board shall have sole
authority to issue and amend rules under this section
after the date of the enactment of this paragraph.
``(D) Conforming authority.--
``(i) Continuity of regulations.--Any rules
or guidance issued under this section prior to
the date of enactment of this paragraph shall
continue in effect until the Board issues a
successor rule or guidance, or amends such rule
or guidance, pursuant to subparagraph (C).
``(ii) Applicable guidance.--In performing
examinations or other supervisory duties, the
appropriate Federal banking agencies, the
Securities and Exchange Commission, and the
Commodity Futures Trading Commission, as
appropriate, shall update any applicable
policies and procedures to ensure that such
policies and procedures are consistent (to the
extent practicable) with any rules or guidance
issued pursuant to subparagraph (C).''.
(b) Conforming Amendments.--Section 13 of the Bank Holding Company
Act of 1956 (12 U.S.C. 1851) is amended--
(1) by striking ``the appropriate Federal banking agencies,
the Securities and Exchange Commission, and the Commodity
Futures Trading Commission,'' each place it appears and
inserting ``the Board'';
(2) by striking ``appropriate Federal banking agencies, the
Securities and Exchange Commission, and the Commodity Futures
Trading Commission'' each place it appears and inserting
``Board'';
(3) in subsection (c)(5), by striking ``Notwithstanding
paragraph (2)'' and all that follows through ``provided in
subsection (b)(2),'' and inserting ``The Board shall have the
authority''; and
(4) in subsection (d)(1)--
(A) in subparagraph (F)(ii)--
(i) by striking ``the appropriate Federal
banking agencies'' and inserting ``the Board'';
and
(ii) by striking ``have not jointly'' and
inserting ``has not''; and
(B) in subparagraph (G)(viii), by striking
``appropriate Federal banking agencies, the Securities
and Exchange Commission, or the Commodity Futures
Trading Commission,'' and inserting ``Board,''.
enforcement; anti-evasion
Sec. 927. (a) In General.--Subsection (e) of section 13 of the
Bank Holding Company Act of 1956 (12 U.S.C. 1851(e)) is amended to read
as follows:
``(e) Enforcement; Anti-Evasion.--
``(1) Appropriate federal banking agency.--Notwithstanding
any other provision of law except for any rules or guidance
issued under subsection (b)(2), whenever the appropriate
Federal banking agency has reasonable cause to believe that a
banking entity or nonbank financial company supervised by the
Board has made an investment or engaged in an activity in a
manner that either violates the restrictions under this
section, or that functions as an evasion of the requirements of
this section (including through an abuse of any permitted
activity), such appropriate Federal banking agency shall order,
after due notice and opportunity for hearing, the banking
entity or nonbank financial company supervised by the Board to
terminate the activity and, as relevant, dispose of the
investment.
``(2) Securities and exchange commission and commodity
futures trading commission.--
``(A) In general.--Notwithstanding any other
provision of law except for any rules or guidance
issued under subsection (b)(2), whenever the Securities
and Exchange Commission or the Commodity Futures
Trading Commission, as appropriate, has reasonable
cause to believe that a covered nonbank financial
company for which the respective agency is the primary
Federal regulator has made an investment or engaged in
an activity in a manner that either violates the
restrictions under this section, or that functions as
an evasion of the requirements of this section
(including through an abuse of any permitted activity),
the Securities and Exchange Commission or the Commodity
Futures Trading Commission, as appropriate, shall
order, after due notice and opportunity for hearing,
the covered nonbank financial company to terminate the
activity and, as relevant, dispose of the investment.
``(B) Covered nonbank financial company defined.--
In this paragraph, the term `covered nonbank financial
company' means a nonbank financial company (as defined
in section 102 of the Financial Stability Act of 2010)
supervised by the Securities and Exchange Commission or
the Commodity Futures Trading Commission, as
appropriate.''.
(b) Rule of Construction.--Nothing in this section shall be
construed to abrogate, reduce, or eliminate the backup authority of the
Federal Deposit Insurance Corporation authority under the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et
seq.), the Federal Deposit Insurance Act (12 U.S.C. 1811), or Federal
Deposit Insurance Corporation Improvement Act of 1991.
exclusion of community banks from volcker rule
Sec. 928. Section 13(h)(1) of the Bank Holding Company Act of 1956
(12 U.S.C. 1851(h)(1)) is amended--
(1) in subparagraph (D), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and adjusting
the margins accordingly;
(2) by redesignating subparagraphs (A), (B), (C), and (D)
as clauses (i), (ii), (iii), and (iv), respectively, and
adjusting the margins accordingly;
(3) in the matter preceding clause (i), as so redesignated,
in the second sentence, by striking ``institution that
functions solely in a trust or fiduciary capacity, if--'' and
inserting the following: ``institution--
``(A) that functions solely in a trust or fiduciary
capacity, if--'';
(4) in clause (iv)(II), as so redesignated, by striking the
period at the end and inserting ``; or''; and
(5) by adding at the end the following:
``(B) that does not have and is not controlled by a
company that has--
``(i) more than $10,000,000,000 in total
consolidated assets; and
``(ii) total trading assets and trading
liabilities, as reported on the most recent
applicable regulatory filing filed by the
institution, that are more than 5 percent of
total consolidated assets.''.
Subtitle XI--Financial Institution Living Will Improvement Act
living will reforms
Sec. 929. (a) In General.--Section 165(d) of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5365(d)) is
amended--
(1) in paragraph (1), by striking ``periodically'' and
inserting ``every 2 years''; and
(2) in paragraph (3)--
(A) by striking ``The Board'' and inserting the
following:
``(A) In general.--The Board'';
(B) by striking ``shall review'' and inserting the
following: ``shall--
``(i) review'';
(C) by striking the period and inserting ``; and'';
and
(D) by adding at the end the following:
``(ii) not later than the end of the 6-
month period beginning on the date the company
submits the resolution plan, provide feedback
to the company on such plan.
``(B) Disclosure of assessment framework.--The
Board of Governors and the Corporation shall publicly
disclose the assessment framework that is used to
review information under this paragraph.''.
(b) Treatment of Other Resolution Plan Requirements.--
(1) In general.--With respect to an appropriate Federal
banking agency that requires a banking organization to submit
to the agency a resolution plan not described under section
165(d) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act--
(A) the respective agency shall ensure that the
review of such resolution plan is consistent with the
requirements contained in the amendments made by this
subtitle;
(B) the agency may not require the submission of
such a resolution plan more often than every 2 years;
and
(C) paragraphs (6) and (7) of such section 165(d)
shall apply to such a resolution plan.
(2) Definitions.--For purposes of this subsection:
(A) Appropriate federal banking agency.--The term
``appropriate Federal banking agency''--
(i) has the meaning given such term under
section 3 of the Federal Deposit Insurance Act;
and
(ii) means the National Credit Union
Administration, in the case of an insured
credit union.
(B) Banking organization.--The term ``banking
organization'' means--
(i) an insured depository institution;
(ii) an insured credit union;
(iii) a depository institution holding
company;
(iv) a company that is treated as a bank
holding company for purposes of section 8 of
the International Banking Act; and
(v) a U.S. intermediate holding company
established by a foreign banking organization
pursuant to section 252.153 of title 12, Code
of Federal Regulations.
(C) Insured credit union.--The term ``insured
credit union'' has the meaning given that term under
section 101 of the Federal Credit Union Act.
(D) Other banking terms.--The terms ``depository
institution holding company'' and ``insured depository
institution'' have the meaning given those terms,
respectively, under section 3 of the Federal Deposit
Insurance Act.
(c) Rule of Construction.--Nothing in this subtitle, or any
amendment made by this subtitle, shall be construed as limiting the
authority of an appropriate Federal banking agency (as defined under
subsection (b)(2)) to obtain information from an institution in
connection with such agency's authority to examine or require reports
from the institution.
Subtitle XII--Financial Institutions Examination Fairness and Reform
Act
amendment to definition of financial institution
Sec. 930. Section 1003(3) of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3302(3)) is amended to read
as follows:
``(3) the term `financial institution'--
``(A) means a commercial bank, a savings bank, a
trust company, a savings association, a building and
loan association, a homestead association, a
cooperative bank, or a credit union; and
``(B) for purposes of sections 1012, 1013, and
1014, includes a nondepository covered person subject
to supervision by the Bureau of Consumer Financial
Protection under section 1024 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5514).''.
timeliness of examination reports
Sec. 931. The Federal Financial Institutions Examination Council
Act of 1978 (12 U.S.C. 3301 et seq.) is amended by adding at the end
the following:
``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS.
``(a) In General.--
``(1) Final examination report.--A Federal financial
institutions regulatory agency shall provide a final
examination report to a financial institution not later than 60
days after the later of--
``(A) the exit interview for an examination of the
institution; or
``(B) the provision of additional information by
the institution relating to the examination.
``(2) Exit interview.--If a financial institution is not
subject to a resident examiner program, the exit interview
shall occur not later than the end of the 9-month period
beginning on the commencement of the examination, except that
such period may be extended by the Federal financial
institutions regulatory agency by providing written notice to
the institution and the Independent Examination Review Director
describing with particularity the reasons that a longer period
is needed to complete the examination.
``(b) Examination Materials.--Upon the request of a financial
institution, the Federal financial institutions regulatory agency shall
include with the final report an appendix listing all examination or
other factual information relied upon by the agency in support of a
material supervisory determination.''.
independent examination review director
Sec. 932. The Federal Financial Institutions Examination Council
Act of 1978 (12 U.S.C. 3301 et seq.), as amended by section 931, is
further amended by adding at the end the following:
``SEC. 1013. OFFICE OF INDEPENDENT EXAMINATION REVIEW.
``(a) Establishment.--There is established in the Council an Office
of Independent Examination Review (the `Office').
``(b) Head of Office.--There is established the position of the
Independent Examination Review Director (the `Director'), as the head
of the Office. The Director shall be appointed by the Council and shall
be independent from any member agency of the Council.
``(c) Term.--The Director shall serve for a term of 5 years, and
may be appointed to serve a subsequent 5-year term.
``(d) Staffing.--The Director is authorized to hire staff to
support the activities of the Office.
``(e) Duties.--The Director shall--
``(1) receive and, at the Director's discretion,
investigate complaints from financial institutions, their
representatives, or another entity acting on behalf of such
institutions, concerning examinations, examination practices,
or examination reports;
``(2) hold meetings, at least once every three months and
in locations designed to encourage participation from all
sections of the United States, with financial institutions,
their representatives, or another entity acting on behalf of
such institutions, to discuss examination procedures,
examination practices, or examination policies;
``(3) in accordance with subsection (f), review examination
procedures of the Federal financial institutions regulatory
agencies to ensure that the written examination policies of
those agencies are being followed in practice and adhere to the
standards for consistency established by the Council;
``(4) conduct a continuing and regular review of
examination quality assurance for all examination types
conducted by the Federal financial institutions regulatory
agencies;
``(5) adjudicate any supervisory appeal initiated under
section 1014; and
``(6) report annually to the Committee on Financial
Services of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate, and the
Council, on the reviews carried out pursuant to paragraphs (3)
and (4), including compliance with the requirements set forth
in section 1012 regarding timeliness of examination reports,
and the Council's recommendations for improvements in
examination procedures, practices, and policies.
``(f) Standard for Reviewing Examination Procedures.--In conducting
reviews pursuant to subsection (e)(4), the Director shall prioritize
factors relating to the safety and soundness of the financial system of
the United States.
``(g) Removal.--If the Director is removed from office, the Council
shall communicate in writing the reasons for any such removal to the
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate not
later than 30 days before the removal.
``(h) Confidentiality.--The Director shall keep confidential all
meetings with, discussions with, and information provided by financial
institutions.''.
right to independent review of material supervisory determinations
Sec. 933. The Federal Financial Institutions Examination Council
Act of 1978 (12 U.S.C. 3301 et seq.), as amended by section 932, is
further amended by adding at the end the following:
``SEC. 1014. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY
DETERMINATIONS.
``(a) In General.--A financial institution shall have the right to
obtain an independent review of a material supervisory determination
contained in a final report of examination.
``(b) Notice.--
``(1) Timing.--A financial institution seeking review of a
material supervisory determination under this section shall
file a written notice with the Independent Examination Review
Director (the `Director') within 60 days after receiving the
final report of examination that is the subject of such review.
``(2) Identification of determination.--The written notice
shall identify the material supervisory determination that is
the subject of the independent examination review, and a
statement of the reasons why the institution believes that the
determination is incorrect or should otherwise be modified.
``(3) Information to be provided to institution.--Any
information relied upon by the agency in the final report that
is not in the possession of the financial institution may be
requested by the financial institution and shall be delivered
promptly by the agency to the financial institution.
``(c) Right to Hearing.--
``(1) In general.--The Director shall determine the merits
of the appeal on the record or, at the financial institution's
election, shall refer the appeal to an Administrative Law Judge
to conduct a confidential hearing pursuant to the procedures
set forth under sections 556 and 557 of title 5, United States
Code, which hearing shall take place not later than 60 days
after the petition for review was received by the Director, and
to issue a proposed decision to the Director based upon the
record established at such hearing.
``(2) Standard of review.--In rendering a determination or
recommendation under this subsection, neither the
Administrative Law Judge nor the Director shall defer to the
opinions of the examiner or agency, but shall conduct a de novo
review to independently determine the appropriateness of the
agency's decision based upon the relevant statutes,
regulations, and other appropriate guidance, as well as
evidence adduced at any hearing.
``(d) Final Decision.--A decision by the Director on an independent
review under this section shall--
``(1) be made not later than 60 days after the record has
been closed; and
``(2) subject to subsection (e), be deemed a final agency
action and shall bind the agency whose supervisory
determination was the subject of the review and the financial
institution requesting the review.
``(e) Limited Review by FFIEC.--
``(1) In general.--If the agency whose supervisory
determination was the subject of the review believes that the
Director's decision under subsection (d) would pose an imminent
threat to the safety and soundness of the financial
institution, such agency may file a written notice seeking
review of the Director's decision with the Council within 10
days of receiving the Director's decision.
``(2) Standard of review.--In making a determination under
this subsection, the Council shall conduct a review to
determine whether there is substantial evidence that the
Director's decision would pose an imminent threat to the safety
and soundness of the financial institution.
``(3) Final determination.--A determination by the Council
shall--
``(A) be made not later than 30 days after the
filing of the notice pursuant to paragraph (1); and
``(B) be deemed a final agency action and shall
bind the agency whose supervisory determination was the
subject of the review and the financial institution
requesting the review.
``(f) Right to Judicial Review.--A financial institution shall have
the right to petition for review of final agency action under this
section by filing a Petition for Review within 60 days of the
Director's decision or the Council's decision in the United States
Court of Appeals for the District of Columbia Circuit or the Circuit in
which the financial institution is located.
``(g) Report.--The Director shall report annually to the Committee
on Financial Services of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate on actions taken
under this section, including the types of issues that the Director has
reviewed and the results of those reviews. In no case shall such a
report contain information about individual financial institutions or
any confidential or privileged information shared by financial
institutions.
``(h) Retaliation Prohibited.--A Federal financial institutions
regulatory agency may not--
``(1) retaliate against a financial institution, including
service providers, or any institution-affiliated party (as
defined under section 3 of the Federal Deposit Insurance Act),
for exercising appellate rights under this section; or
``(2) delay or deny any agency action that would benefit a
financial institution or any institution-affiliated party on
the basis that an appeal under this section is pending under
this section.
``(i) Rule of Construction.--Nothing in this section may be
construed--
``(1) to affect the right of a Federal financial
institutions regulatory agency to take enforcement or other
supervisory actions related to a material supervisory
determination under review under this section; or
``(2) to prohibit the review under this section of a
material supervisory determination with respect to which there
is an ongoing enforcement or other supervisory action.''.
additional amendments
Sec. 934. (a) Riegle Community Development and Regulatory
Improvement Act of 1994.--Section 309 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4806) is
amended--
(1) in subsection (a), by inserting after ``appropriate
Federal banking agency'' the following: ``, the Bureau of
Consumer Financial Protection,'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the appellant
from retaliation by agency examiners'' and inserting
``the insured depository institution or insured credit
union from retaliation by the agencies referred to in
subsection (a)''; and
(B) by adding at the end the following flush-left
text:
``For purposes of this subsection and subsection (e), retaliation
includes delaying consideration of, or withholding approval of, any
request, notice, or application that otherwise would have been
approved, but for the exercise of the institution's or credit union's
rights under this section.'';
(3) in subsection (e)(2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) ensure that appropriate safeguards exist for
protecting the insured depository institution or
insured credit union from retaliation by any agency
referred to in subsection (a) for exercising its rights
under this subsection.''; and
(4) in subsection (f)(1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(iv) any issue specifically listed in an
exam report as a matter requiring attention by
the institution's management or board of
directors; and
``(v) any suspension or removal of an
institution's status as eligible for expedited
processing of applications, requests, notices,
or filings on the grounds of a supervisory or
compliance concern, regardless of whether that
concern has been cited as a basis for another
material supervisory determination or matter
requiring attention in an examination report,
provided that the conduct at issue did not
involve violation of any criminal law; and''.
(b) Federal Credit Union Act.--Section 205(j) of the Federal Credit
Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of
Consumer Financial Protection,'' before ``the Administration'' each
place such term appears.
(c) Federal Financial Institutions Examination Council Act of
1978.--The Federal Financial Institutions Examination Council Act of
1978 (12 U.S.C. 3301 et seq.) is amended--
(1) in section 1003, by amending paragraph (1) to read as
follows:
``(1) the term `Federal financial institutions regulatory
agencies'--
``(A) means the Office of the Comptroller of the
Currency, the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, and
the National Credit Union Administration; and
``(B) for purposes of sections 1012, 1013, and
1014, includes the Bureau of Consumer Financial
Protection;''; and
(2) in section 1005, by striking ``One-fifth'' and
inserting ``One-fourth''.
Subtitle XIII--TRID Improvement Act
amendments to mortgage disclosure requirements
Sec. 936. Section 4(a) of the Real Estate Settlement Procedures Act
of 1974 (12 U.S.C. 2603(a)) is amended--
(1) by striking ``itemize all charges'' and inserting
``itemize all actual charges'';
(2) by striking ``and all charges imposed upon the seller
in connection with the settlement and'' and inserting ``and the
seller in connection with the settlement. Such forms''; and
(3) by inserting after ``or both.'' the following new
sentence: ``Charges for any title insurance premium disclosed
on such forms shall be equal to the amount charged for each
individual title insurance policy, subject to any discounts as
required by State regulation or the title company rate
filings.''.
Subtitle XIV--Common Sense Credit Union Capital Relief Act
delay in effective date
Sec. 938. Notwithstanding any effective date set forth in the rule
issued by the National Credit Union Administration titled ``Risk-Based
Capital'' (published at 80 Fed. Reg. 66626 (October 29, 2015)), such
final rule shall take effect on January 1, 2021.
Subtitle XV--Bureau of Consumer Financial Protection-Inspector General
Reform Act
appointment of inspector general
Sec. 939. The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 8G--
(A) in subsection (a)(2), by striking ``and the
Bureau of Consumer Financial Protection'';
(B) in subsection (c), by striking ``For purposes
of implementing this section'' and all that follows
through the end of the subsection; and
(C) in subsection (g)(3), by striking ``and the
Bureau of Consumer Financial Protection''; and
(2) in section 12--
(A) in paragraph (1), by inserting ``the Director
of the Bureau of Consumer Financial Protection;'' after
``the President of the Export-Import Bank;''; and
(B) in paragraph (2), by inserting ``the Bureau of
Consumer Financial Protection,'' after ``the Export-
Import Bank,''.
requirements for the inspector general for the bureau of consumer
financial protection
Sec. 940. (a) Establishment.--Section 1011 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5491) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking ``and
Deputy Director'' and inserting ``, Deputy Director,
and Inspector General''; and
(B) by inserting after paragraph (5) the following:
``(6) Inspector general.--There is established the position
of the Inspector General.''; and
(2) in subsection (d), by striking ``or Deputy Director''
each place it appears and inserting ``, Deputy Director, or
Inspector General''.
(b) Hearings.--Section 1016 of such Act is amended by inserting
after subsection (c) the following:
``(d) Additional Requirement for Inspector General.--On a separate
occasion from that described in subsection (a), the Inspector General
of the Bureau shall appear, upon invitation, before the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives at hearings no less
frequently than twice annually, at a date determined by the chairman of
the respective committee, regarding the reports required under
subsection (b) and the reports required under section 5 of the
Inspector General Act of 1978 (5 U.S.C. App.).''.
(c) Funding for Office of Inspector General.--Section 1017(a)(2) of
such Act is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) Funding for office of inspector general.--
Each fiscal year, the Bureau shall dedicate 2 percent
of the funds transferred pursuant to paragraph (1) to
the Office of the Inspector General.''.
(d) Participation in the Council of Inspectors General on Financial
Oversight.--Section 989E(a)(1) of such Act is amended by adding at the
end the following:
``(J) The Bureau of Consumer Financial
Protection.''.
effective date
Sec. 941. The amendments made by this subtitle shall take effect 60
days after the date of the enactment of this Act.
transition period
Sec. 942. The Inspector General of the Board of Governors of the
Federal Reserve System and the Bureau of Consumer Financial Protection
shall serve in that position until the confirmation of an Inspector
General for the Bureau of Consumer Financial Protection. At that time,
the Inspector General of the Board of Governors of the Federal Reserve
System and the Bureau of Consumer Financial Protection shall become the
Inspector General of the Board of Governors of the Federal Reserve
System.
Subtitle XVI--BCFP on Appropriations
bureau appropriations
Sec. 943.
(a) Fiscal Year 2019.--The Director of the Bureau of Consumer
Financial Protection may not request, under section 1017 of the
Consumer Financial Protection Act of 2010, during fiscal year 2019 an
amount that would result in the total amount requested by the Director
during that fiscal year to exceed $485,000,000.
(b) Fiscal Year 2020 and Thereafter.--Effective as of the first day
of fiscal year 2020, section 1017 of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5497) is amended--
(1) in subsection (a)--
(A) by amending the heading of such subsection to
read as follows: ``Budget, Financial Management, and
Audit.--'';
(B) by striking paragraphs (1), (2), and (3);
(C) by redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively; and
(D) by striking subparagraphs (E) and (F) of
paragraph (1), as so redesignated;
(2) by striking subsections (b) and (c);
(3) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively; and
(4) in subsection (c), as so redesignated--
(A) by striking paragraphs (1), (2), and (3) and
inserting the following:
``(1) Authorization of appropriation.--There authorized to
be appropriated for fiscal year 2020 to the Bureau from the
combined earnings of the Federal Reserve System
$485,000,000.''; and
(B) by redesignating paragraph (4) as paragraph
(2).
Subtitle XVII--Stress Test Relief for Nonbanks
stress test relief for nonbanks
Sec. 944. Section 165(i)(2) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5365(i)(2)) is amended--
(1) in subparagraph (A), by striking ``are regulated by a
primary Federal financial regulatory agency'' and inserting:
``whose primary financial regulatory agency is a Federal
banking agency or the Federal Housing Finance Agency'';
(2) in subparagraph (C), by striking ``Each Federal primary
financial regulatory agency'' and inserting ``Each Federal
banking agency and the Federal housing finance agency''; and
(3) by adding at the end the following:
``(D) SEC and cftc.--The Securities and Exchange
Commission and the Commodity Futures Trading Commission
may each issue regulations requiring financial
companies with respect to which they are the primary
financial regulatory agency to conduct periodic
analyses of the financial condition, including
available liquidity, of such companies under adverse
economic conditions.''.
Subtitle XVIII--Interaffiliate Language
interaffiliate treatment with respect to initial margin requirements
Sec. 945.
Section 15F(e)(4) of the Securities Exchange Act of 1934 (15 U.S.C.
78o-10(e)(4)) is amended--
(1) by striking ``The requirements'' and inserting the
following:
``(A) In general.--The requirements''; and
(2) by adding at the end the following:
``(B) Initial margin requirement.--The initial
margin requirements imposed by rules adopted pursuant
to paragraphs (2)(A)(ii) and (2)(B)(ii) shall not apply
to any security-based swap in which--
``(i) one counterparty is a person in which
the other counterparty, directly or indirectly,
holds a majority ownership interest; or
``(ii) a third party, directly or
indirectly, holds a majority ownership interest
in both counterparties.''.
Subtitle XIX--Tailored Application of Prudential Standards
tailored application of prudential standards
Sec. 946.
Section 165(a)(2)(A) of the Financial Stability Act of 2010 (12
U.S.C. 5365(a)(2)(A)) is amended by inserting before the period the
following: ``to ensure that companies with comparable risk profiles and
business models are operating under a similar set of requirements''.
Subtitle XX--Authority to Remove Bureau Director
authority to remove bureau director
Sec. 947.
Section 1011(c) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5491(c)) is amended by striking paragraph (3).
Subtitle XXI--Congressional Review of Bureau Rulemaking
congressional review of bureau rulemaking
Sec. 948.
Chapter 8 of title 5, United States Code, is amended to read as
follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF BUREAU RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``808. Regulatory cut-go requirement.
``809. Review of rules currently in effect.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule may take effect, the Bureau shall satisfy
the requirements of section 808 and shall publish in the Federal
Register a list of information on which the rule is based, including
data, scientific and economic studies, and cost-benefit analyses, and
identify how the public can access such information online, and shall
submit to each House of the Congress and to the Comptroller General a
report containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule;
``(iii) a classification of the rule as a major or nonmajor
rule, including an explanation of the classification
specifically addressing each criteria for a major rule
contained within sections 804(2)(A), 804(2)(B), and 804(2)(C);
``(iv) a list of any other related regulatory actions
intended to implement the same statutory provision or
regulatory objective as well as the individual and aggregate
economic effects of those actions; and
``(v) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Bureau shall submit to the Comptroller General
and make available to each House of Congress--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any, including an analysis of any jobs added or lost,
differentiating between public and private sector jobs;
``(ii) the Bureau's actions pursuant to sections 603, 604,
605, 607, and 609 of this title;
``(iii) the Bureau's actions pursuant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995; and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders.
``(C) Upon receipt of a report submitted under subparagraph (A),
each House shall provide copies of the report to the chairman and
ranking member of each standing committee with jurisdiction under the
rules of the House of Representatives or the Senate to report a bill to
amend the provision of law under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on each
major rule to the committees of jurisdiction by the end of 15 calendar
days after the submission or publication date. The report of the
Comptroller General shall include an assessment of the Bureau's
compliance with procedural steps required by paragraph (1)(B) and an
assessment of whether the major rule imposes any new limits or mandates
on private-sector activity.
``(B) Federal agencies shall cooperate with the Comptroller General
by providing information relevant to the Comptroller General's report
under subparagraph (A).
``(3) A major rule relating to a report submitted under paragraph
(1) shall take effect upon enactment of a joint resolution of approval
described in section 802 or as provided for in the rule following
enactment of a joint resolution of approval described in section 802,
whichever is later.
``(4) A nonmajor rule shall take effect as provided by section 803
after submission to Congress under paragraph (1).
``(5) If a joint resolution of approval relating to a major rule is
not enacted within the period provided in subsection (b)(2), then a
joint resolution of approval relating to the same rule may not be
considered under this chapter in the same Congress by either the House
of Representatives or the Senate.
``(b)(1) A major rule shall not take effect unless the Congress
enacts a joint resolution of approval described under section 802.
``(2) If a joint resolution described in subsection (a) is not
enacted into law by the end of 70 session days or legislative days, as
applicable, beginning on the date on which the report referred to in
section 801(a)(1)(A) is received by Congress (excluding days either
House of Congress is adjourned for more than 3 days during a session of
Congress), then the rule described in that resolution shall be deemed
not to be approved and such rule shall not take effect.
``(c)(1) Notwithstanding any other provision of this section
(except subject to paragraph (3)), a major rule may take effect for one
90-calendar-day period if the President makes a determination under
paragraph (2) and submits written notice of such determination to the
Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the major rule should take effect
because such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under this
subsection shall have no effect on the procedures under section 802.
``(d)(1) In addition to the opportunity for review otherwise
provided under this chapter, in the case of any rule for which a report
was submitted in accordance with subsection (a)(1)(A) during the period
beginning on the date occurring--
``(A) in the case of the Senate, 60 session days; or
``(B) in the case of the House of Representatives, 60
legislative days,
before the date the Congress is scheduled to adjourn a session of
Congress through the date on which the same or succeeding Congress
first convenes its next session, sections 802 and 803 shall apply to
such rule in the succeeding session of Congress.
``(2)(A) In applying sections 802 and 803 for purposes of such
additional review, a rule described under paragraph (1) shall be
treated as though--
``(i) such rule were published in the Federal Register on--
``(I) in the case of the Senate, the 15th session
day; or
``(II) in the case of the House of Representatives,
the 15th legislative day,
after the succeeding session of Congress first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to affect the
requirement under subsection (a)(1) that a report shall be submitted to
Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take effect as
otherwise provided by law (including other subsections of this
section).
``Sec. 802. Congressional approval procedure for major rules
``(a)(1) For purposes of this section, the term `joint resolution'
means only a joint resolution addressing a report classifying a rule as
major pursuant to section 801(a)(1)(A)(iii) that--
``(A) bears no preamble;
``(B) bears the following title (with blanks filled as
appropriate): `Approving the rule submitted by ___ relating to
___.';
``(C) includes after its resolving clause only the
following (with blanks filled as appropriate): `That Congress
approves the rule submitted by ___ relating to ___.'; and
``(D) is introduced pursuant to paragraph (2).
``(2) After a House of Congress receives a report classifying a
rule as major pursuant to section 801(a)(1)(A)(iii), the majority
leader of that House (or his or her respective designee) shall
introduce (by request, if appropriate) a joint resolution described in
paragraph (1)--
``(A) in the case of the House of Representatives, within 3
legislative days; and
``(B) in the case of the Senate, within 3 session days.
``(3) A joint resolution described in paragraph (1) shall not be
subject to amendment at any stage of proceeding.
``(b) A joint resolution described in subsection (a) shall be
referred in each House of Congress to the committees having
jurisdiction over the provision of law under which the rule is issued.
``(c) In the Senate, if the committee or committees to which a
joint resolution described in subsection (a) has been referred have not
reported it at the end of 15 session days after its introduction, such
committee or committees shall be automatically discharged from further
consideration of the resolution and it shall be placed on the calendar.
A vote on final passage of the resolution shall be taken on or before
the close of the 15th session day after the resolution is reported by
the committee or committees to which it was referred, or after such
committee or committees have been discharged from further consideration
of the resolution.
``(d)(1) In the Senate, when the committee or committees to which a
joint resolution is referred have reported, or when a committee or
committees are discharged (under subsection (c)) from further
consideration of a joint resolution described in subsection (a), it is
at any time thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to the
consideration of the joint resolution, and all points of order against
the joint resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to, the joint
resolution shall remain the unfinished business of the Senate until
disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 2 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the House of Representatives, if any committee to which a
joint resolution described in subsection (a) has been referred has not
reported it to the House at the end of 15 legislative days after its
introduction, such committee shall be discharged from further
consideration of the joint resolution, and it shall be placed on the
appropriate calendar. On the second and fourth Thursdays of each month
it shall be in order at any time for the Speaker to recognize a Member
who favors passage of a joint resolution that has appeared on the
calendar for at least 5 legislative days to call up that joint
resolution for immediate consideration in the House without
intervention of any point of order. When so called up a joint
resolution shall be considered as read and shall be debatable for 1
hour equally divided and controlled by the proponent and an opponent,
and the previous question shall be considered as ordered to its passage
without intervening motion. It shall not be in order to reconsider the
vote on passage. If a vote on final passage of the joint resolution has
not been taken by the third Thursday on which the Speaker may recognize
a Member under this subsection, such vote shall be taken on that day.
``(f)(1) If, before passing a joint resolution described in
subsection (a), one House receives from the other a joint resolution
having the same text, then--
``(A) the joint resolution of the other House shall not be
referred to a committee; and
``(B) the procedure in the receiving House shall be the
same as if no joint resolution had been received from the other
House until the vote on passage, when the joint resolution
received from the other House shall supplant the joint
resolution of the receiving House.
``(2) This subsection shall not apply to the House of
Representatives if the joint resolution received from the Senate is a
revenue measure.
``(g) If either House has not taken a vote on final passage of the
joint resolution by the last day of the period described in section
801(b)(2), then such vote shall be taken on that day.
``(h) This section and section 803 are enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such is
deemed to be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a) and superseding other rules only where
explicitly so; and
``(2) with full recognition of the Constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
``(a) For purposes of this section, the term `joint resolution'
means only a joint resolution introduced in the period beginning on the
date on which the report referred to in section 801(a)(1)(A) is
received by Congress and ending 60 days thereafter (excluding days
either House of Congress is adjourned for more than 3 days during a
session of Congress), the matter after the resolving clause of which is
as follows: `That Congress disapproves the nonmajor rule submitted by
the ___ relating to ___, and such rule shall have no force or effect.'
(The blank spaces being appropriately filled in).
``(b) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
``(c) In the Senate, if the committee to which is referred a joint
resolution described in subsection (a) has not reported such joint
resolution (or an identical joint resolution) at the end of 15 session
days after the date of introduction of the joint resolution, such
committee may be discharged from further consideration of such joint
resolution upon a petition supported in writing by 30 Members of the
Senate, and such joint resolution shall be placed on the calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is discharged
(under subsection (c)) from further consideration of a joint resolution
described in subsection (a), it is at any time thereafter in order
(even though a previous motion to the same effect has been disagreed
to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the Senate, the procedure specified in subsection (c) or
(d) shall not apply to the consideration of a joint resolution
respecting a nonmajor rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date; or
``(2) if the report under section 801(a)(1)(A) was
submitted during the period referred to in section 801(d)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress first
convenes.
``(f) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a), then the
following procedures shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(B) the vote on final passage shall be on the
joint resolution of the other House.
``Sec. 804. Definitions
``For purposes of this chapter:
``(1) The term `Bureau' means the Bureau of Consumer
Financial Protection.
``(2) The term `major rule' means any rule, including an
interim final rule, that the Administrator of the Office of
Information and Regulatory Affairs of the Office of Management
and Budget finds has resulted in or is likely to result in--
``(A) an annual cost on the economy of $100,000,000
or more, adjusted annually for inflation;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State, or
local government agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets.
``(3) The term `nonmajor rule' means any rule that is not a
major rule.
``(4) The term `rule' has the meaning given such term in
section 551, except that such term does not include--
``(A) any rule of particular applicability,
including a rule that approves or prescribes for the
future rates, wages, prices, services, or allowances
therefore, corporate or financial structures,
reorganizations, mergers, or acquisitions thereof, or
accounting practices or disclosures bearing on any of
the foregoing;
``(B) any rule relating to Bureau management or
personnel; or
``(C) any rule of Bureau organization, procedure,
or practice that does not substantially affect the
rights or obligations of non-Bureau parties.
``(5) The term `submission date or publication date',
except as otherwise provided in this chapter, means--
``(A) in the case of a major rule, the date on
which the Congress receives the report submitted under
section 801(a)(1); and
``(B) in the case of a nonmajor rule, the later
of--
``(i) the date on which the Congress
receives the report submitted under section
801(a)(1); and
``(ii) the date on which the nonmajor rule
is published in the Federal Register, if so
published.
``Sec. 805. Judicial review
``(a) No determination, finding, action, or omission under this
chapter shall be subject to judicial review.
``(b) Notwithstanding subsection (a), a court may determine whether
the Bureau has completed the necessary requirements under this chapter
for a rule to take effect.
``(c) The enactment of a joint resolution of approval under section
802 shall not be interpreted to serve as a grant or modification of
statutory authority by Congress for the promulgation of a rule, shall
not extinguish or affect any claim, whether substantive or procedural,
against any alleged defect in a rule, and shall not form part of the
record before the court in any judicial proceeding concerning a rule
except for purposes of determining whether or not the rule is in
effect.
``Sec. 806. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 807. Effective date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes,
or conducts a regulatory program for a commercial,
recreational, or subsistence activity related to hunting,
fishing, or camping; or
``(2) any rule other than a major rule which the Bureau for
good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rule issued) that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest,
shall take effect at such time as the Bureau determines.
``Sec. 808. Regulatory cut-go requirement
``In making any new rule, the Bureau shall identify a rule or rules
that may be amended or repealed to completely offset any annual costs
of the new rule to the United States economy. Before the new rule may
take effect, the Bureau shall make each such repeal or amendment. In
making such an amendment or repeal, the Bureau shall comply with the
requirements of subchapter II of chapter 5, but the Bureau may
consolidate proceedings under subchapter with proceedings on the new
rule.
``Sec. 809. Review of rules currently in effect
``(a) Annual Review.--Beginning on the date that is 6 months after
the date of enactment of this section and annually thereafter for the 9
years following, the Bureau shall designate not less than 10 percent of
eligible rules made by the Bureau for review, and shall submit a report
including each such eligible rule in the same manner as a report under
section 801(a)(1). Section 801, section 802, and section 803 shall
apply to each such rule, subject to subsection (c) of this section. No
eligible rule previously designated may be designated again.
``(b) Sunset for Eligible Rules Not Extended.--Beginning after the
date that is 10 years after the date of enactment of this section, if
Congress has not enacted a joint resolution of approval for that
eligible rule, that eligible rule shall not continue in effect.
``(c) Consolidation; Severability.--In applying sections 801, 802,
and 803 to eligible rules under this section, the following shall
apply:
``(1) The words `take effect' shall be read as `continue in
effect'.
``(2) Except as provided in paragraph (3), a single joint
resolution of approval shall apply to all eligible rules in a
report designated for a year, and the matter after the
resolving clause of that joint resolution is as follows: `That
Congress approves the rules submitted by the __ for the year
__.' (The blank spaces being appropriately filled in).
``(3) It shall be in order to consider any amendment that
provides for specific conditions on which the approval of a
particular eligible rule included in the joint resolution is
contingent.
``(4) A member of either House may move that a separate
joint resolution be required for a specified rule.
``(d) Definition.--In this section, the term `eligible rule' means
a rule that is in effect as of the date of enactment of this
section.''.
budgetary effects of rules subject to section 802 of title 5, united
states code
Sec. 949.
Section 257(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by adding at the end the following new
subparagraph:
``(E) Budgetary effects of rules subject to section
802 of title 5, united states code.--Any rules subject
to the congressional approval procedure set forth in
section 802 of chapter 8 of title 5, United States
Code, affecting budget authority, outlays, or receipts
shall be assumed to be effective unless it is not
approved in accordance with such section.''.
government accountability office study of rules
Sec. 950.
(a) In General.--The Comptroller General of the United States shall
conduct a study to determine, as of the date of the enactment of this
Act--
(1) how many rules (as such term is defined in section 804
of title 5, United States Code) of the Bureau were in effect;
(2) how many major rules (as such term is defined in
section 804 of title 5, United States Code) of the Bureau were
in effect; and
(3) the total estimated economic cost imposed by all such
rules.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
a report to Congress that contains the findings of the study conducted
under subsection (a).
effective date
Sec. 951.
Sections 948 and 949, and the amendments made by such sections,
shall take effect beginning on the date that is 1 year after the date
of enactment of this Act.
TITLE X
EMAIL PRIVACY ACT
voluntary disclosure corrections
Sec. 1001. (a) In General.--Section 2702 of title 18, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``while in electronic
storage by that service'' and inserting ``that
is in electronic storage with or otherwise
stored, held, or maintained by that service'';
(B) in paragraph (2)--
(i) by striking ``to the public'';
(ii) by striking ``divulge'' and inserting
``disclose''; and
(iii) by striking ``which is carried or
maintained on that service'' and inserting
``that is stored, held, or maintained by that
service''; and
(C) in paragraph (3)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``a provider of'' and
inserting ``a person or entity providing'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``wire or electronic'' before
``communication'';
(B) by amending paragraph (1) to read as follows:
``(1) to an originator, addressee, or intended recipient of
such communication, to the subscriber or customer on whose
behalf the provider stores, holds, or maintains such
communication, or to an agent of such addressee, intended
recipient, subscriber, or customer;''; and
(C) by amending paragraph (3) to read as follows:
``(3) with the lawful consent of the originator, addressee,
or intended recipient of such communication, or of the
subscriber or customer on whose behalf the provider stores,
holds, or maintains such communication;'';
(3) in subsection (c) by inserting ``wire or electronic''
before ``communications'';
(4) in each of subsections (b) and (c), by striking
``divulge'' and inserting ``disclose''; and
(5) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) with the lawful consent of the subscriber or
customer;''.
amendments to required disclosure section
Sec. 1002. Section 2703 of title 18, United States Code, is
amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) Contents of Wire or Electronic Communications in Electronic
Storage.--Except as provided in subsections (i) and (j), a governmental
entity may require the disclosure by a provider of electronic
communication service of the contents of a wire or electronic
communication that is in electronic storage with or otherwise stored,
held, or maintained by that service only if the governmental entity
obtains a warrant issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State court, issued
using State warrant procedures) that--
``(1) is issued by a court of competent jurisdiction; and
``(2) may indicate the date by which the provider must make
the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by which
the provider must make disclosure to the governmental entity, the
provider shall promptly respond to the warrant.
``(b) Contents of Wire or Electronic Communications in a Remote
Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by a
provider of remote computing service of the contents of a wire
or electronic communication that is stored, held, or maintained
by that service only if the governmental entity obtains a
warrant issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures) that--
``(A) is issued by a court of competent
jurisdiction; and
``(B) may indicate the date by which the provider
must make the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by
which the provider must make disclosure to the governmental
entity, the provider shall promptly respond to the warrant.
``(2) Applicability.--Paragraph (1) is applicable with
respect to any wire or electronic communication that is stored,
held, or maintained by the provider--
``(A) on behalf of, and received by means of
electronic transmission from (or created by means of
computer processing of communication received by means
of electronic transmission from), a subscriber or
customer of such remote computing service; and
``(B) solely for the purpose of providing storage
or computer processing services to such subscriber or
customer, if the provider is not authorized to access
the contents of any such communications for purposes of
providing any services other than storage or computer
processing.
``(c) Records Concerning Electronic Communication Service or Remote
Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by a
provider of electronic communication service or remote
computing service of a record or other information pertaining
to a subscriber to or customer of such service (not including
the contents of wire or electronic communications), only--
``(A) if a governmental entity obtains a warrant
issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State
court, issued using State warrant procedures) that--
``(i) is issued by a court of competent
jurisdiction directing the disclosure; and
``(ii) may indicate the date by which the
provider must make the disclosure to the
governmental entity;
``(B) if a governmental entity obtains a court
order directing the disclosure under subsection (d);
``(C) with the lawful consent of the subscriber or
customer; or
``(D) as otherwise authorized in paragraph (2).
``(2) Subscriber or customer information.--A provider of
electronic communication service or remote computing service
shall, in response to an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil
discovery subpoena, or any means available under paragraph (1),
disclose to a governmental entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection
records, or records of session times and durations;
``(D) length of service (including start date) and
types of service used;
``(E) telephone or instrument number or other
subscriber or customer number or identity, including
any temporarily assigned network address; and
``(F) means and source of payment for such service
(including any credit card or bank account number),
of a subscriber or customer of such service.
``(3) Notice not required.--A governmental entity that
receives records or information under this subsection is not
required to provide notice to a subscriber or customer.'';
(2) in subsection (d)--
(A) by striking ``(b) or'';
(B) by striking ``the contents of a wire or
electronic communication, or'';
(C) by striking ``sought,'' and inserting
``sought''; and
(D) by striking ``section'' and inserting
``subsection''; and
(3) by adding at the end the following:
``(h) Notice.--Except as provided in section 2705, a provider of
electronic communication service or remote computing service may notify
a subscriber or customer of a receipt of a warrant, court order,
subpoena, or request under subsection (a), (b), (c), or (d) of this
section.
``(i) Rule of Construction Related to Legal Process.--Nothing in
this section or in section 2702 shall limit the authority of a
governmental entity to use an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil discovery
subpoena, or a warrant issued using the procedures described in the
Federal Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures) by a court of competent
jurisdiction to--
``(1) require an originator, addressee, or intended
recipient of a wire or electronic communication to disclose a
wire or electronic communication (including the contents of
that communication) to the governmental entity;
``(2) require a person or entity that provides an
electronic communication service to the officers, directors,
employees, or agents of the person or entity (for the purpose
of carrying out their duties) to disclose a wire or electronic
communication (including the contents of that communication) to
or from the person or entity itself or to or from an officer,
director, employee, or agent of the entity to a governmental
entity, if the wire or electronic communication is stored,
held, or maintained on an electronic communications system
owned, operated, or controlled by the person or entity; or
``(3) require a person or entity that provides a remote
computing service or electronic communication service to
disclose a wire or electronic communication (including the
contents of that communication) that advertises or promotes a
product or service and that has been made readily accessible to
the general public.
``(j) Rule of Construction Related to Congressional Subpoenas.--
Nothing in this section or in section 2702 shall limit the power of
inquiry vested in the Congress by article I of the Constitution of the
United States, including the authority to compel the production of a
wire or electronic communication (including the contents of a wire or
electronic communication) that is stored, held, or maintained by a
person or entity that provides remote computing service or electronic
communication service.''.
delayed notice
Sec. 1003. Section 2705 of title 18, United States Code, is amended
to read as follows:
``Sec. 2705. Delayed notice
``(a) In General.--A governmental entity acting under section 2703
may apply to a court for an order directing a provider of electronic
communication service or remote computing service to which a warrant,
order, subpoena, or other directive under section 2703 is directed not
to notify any other person of the existence of the warrant, order,
subpoena, or other directive.
``(b) Determination.--A court shall grant a request for an order
made under subsection (a) for delayed notification of up to 180 days if
the court determines that there is reason to believe that notification
of the existence of the warrant, order, subpoena, or other directive
will likely result in--
``(1) endangering the life or physical safety of an
individual;
``(2) flight from prosecution;
``(3) destruction of or tampering with evidence;
``(4) intimidation of potential witnesses; or
``(5) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
``(c) Extension.--Upon request by a governmental entity, a court
may grant one or more extensions, for periods of up to 180 days each,
of an order granted in accordance with subsection (b).''.
rule of construction
Sec. 1004. Nothing in this Act or an amendment made by this Act
shall be construed to preclude the acquisition by the United States
Government of--
(1) the contents of a wire or electronic communication
pursuant to other lawful authorities, including the authorities
under chapter 119 of title 18 (commonly known as the ``Wiretap
Act''), the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), or any other provision of Federal law not
specifically amended by this Act; or
(2) records or other information relating to a subscriber
or customer of any electronic communication service or remote
computing service (not including the content of such
communications) pursuant to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119
of title 18 (commonly known as the ``Wiretap Act''), or any
other provision of Federal law not specifically amended by this
Act.
TITLE XI
AMATEUR RADIO PARITY ACT
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Amateur Radio Parity Act of
2018''.
SEC. 1102. FINDINGS.
Congress finds the following:
(1) More than 730,000 radio amateurs in the United States
are licensed by the Federal Communications Commission in the
amateur radio services.
(2) Amateur radio, at no cost to taxpayers, provides a
fertile ground for technical self-training in modern
telecommunications, electronics technology, and emergency
communications techniques and protocols.
(3) There is a strong Federal interest in the effective
performance of amateur stations established at the residences
of licensees. Such stations have been shown to be frequently
and increasingly precluded by unreasonable private land use
restrictions, including restrictive covenants.
(4) Federal Communications Commission regulations have for
three decades prohibited the application to stations in the
amateur service of State and local regulations that preclude or
fail to reasonably accommodate amateur service communications,
or that do not constitute the minimum practicable regulation to
accomplish a legitimate State or local purpose. Commission
policy has been and is to require States and localities to
permit erection of a station antenna structure at heights and
dimensions sufficient to accommodate amateur service
communications.
(5) The Commission has sought guidance and direction from
Congress with respect to the application of the Commission's
limited preemption policy regarding amateur service
communications to private land use restrictions, including
restrictive covenants.
(6) There are aesthetic and common property considerations
that are uniquely applicable to private land use regulations
and the community associations obligated to enforce covenants,
conditions, and restrictions in deed-restricted communities.
These considerations are dissimilar to those applicable to
State law and local ordinances regulating the same residential
amateur radio facilities.
(7) In recognition of these considerations, a separate
Federal policy than exists at section 97.15(b) of title 47,
Code of Federal Regulations, is warranted concerning amateur
service communications in deed-restricted communities.
(8) Community associations should fairly administer private
land use regulations in the interest of their communities,
while nevertheless permitting the installation and maintenance
of effective outdoor amateur radio antennas. There exist
antenna designs and installations that can be consistent with
the aesthetics and physical characteristics of land and
structures in community associations while accommodating
communications in the amateur radio services.
SEC. 1103. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO AMATEUR
STATIONS.
(a) Amendment of FCC Rules.--Not later than 120 days after the date
of the enactment of this Act, the Federal Communications Commission
shall amend section 97.15 of title 47, Code of Federal Regulations, by
adding a new paragraph that prohibits the application to amateur
stations of any private land use restriction, including a restrictive
covenant, that--
(1) on its face or as applied, precludes communications in
an amateur radio service;
(2) fails to permit a licensee in an amateur radio service
to install and maintain an effective outdoor antenna on
property under the exclusive use or control of the licensee; or
(3) does not constitute the minimum practicable restriction
on such communications to accomplish the lawful purposes of a
community association seeking to enforce such restriction.
(b) Additional Requirements.--In amending its rules as required by
subsection (a), the Commission shall--
(1) require any licensee in an amateur radio service to
notify and obtain prior approval from a community association
concerning installation of an outdoor antenna;
(2) permit a community association to prohibit installation
of any antenna or antenna support structure by a licensee in an
amateur radio service on common property not under the
exclusive use or control of the licensee; and
(3) subject to the standards specified in paragraphs (1)
and (2) of subsection (a), permit a community association to
establish reasonable written rules concerning height, location,
size, and aesthetic impact of, and installation requirements
for, outdoor antennas and support structures for the purpose of
conducting communications in the amateur radio services.
SEC. 1104. AFFIRMATION OF LIMITED PREEMPTION OF STATE AND LOCAL LAND
USE REGULATION.
The Federal Communications Commission may not change section
97.15(b) of title 47, Code of Federal Regulations, which shall remain
applicable to State and local land use regulation of amateur service
communications.
SEC. 1105. DEFINITIONS.
In this title:
(1) Community association.--The term ``community
association'' means any non-profit mandatory membership
organization composed of owners of real estate described in a
declaration of covenants or created pursuant to a covenant or
other applicable law with respect to which a person, by virtue
of the person's ownership of or interest in a unit or parcel,
is obligated to pay for a share of real estate taxes, insurance
premiums, maintenance, improvement, services, or other expenses
related to common elements, other units, or any other real
estate other than the unit or parcel described in the
declaration.
(2) Terms defined in regulations.--The terms ``amateur
radio services'', ``amateur service'', and ``amateur station''
have the meanings given such terms in section 97.3 of title 47,
Code of Federal Regulations.
TITLE XII
ADDITIONAL GENERAL PROVISIONS
Spending Reduction Account
Sec. 1201. The amount by which the applicable allocation of new
budget authority made by the Committee on Appropriations of the House
of Representatives under section 302(b) of the Congressional Budget Act
of 1974 exceeds the amount of proposed new budget authority is $0.
This Act may be cited as the ``Financial Services and General
Government Appropriations Act, 2019''.
Union Calendar No. 612
115th CONGRESS
2d Session
H. R. 6258
[Report No. 115-792]
_______________________________________________________________________
A BILL
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2019, and for other purposes.
_______________________________________________________________________
June 28, 2018
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Committee on Appropriations Senate Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 115-539.
Committee on Appropriations Senate Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. 115-539.
Committee on Appropriations Senate Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 115-539.
Introduced in House
The House Committee on Appropriations reported an original measure, H. Rept. 115-792, by Mr. Graves (GA).
The House Committee on Appropriations reported an original measure, H. Rept. 115-792, by Mr. Graves (GA).
Placed on the Union Calendar, Calendar No. 612.
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