Financial Services and General Government Appropriations Act, 2016

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Highlights:

The Financial Services and General Government Appropriations Act, 2016 provides FY2016 appropriations to agencies responsible for:

• regulating the financial, telecommunications, and consumer products industries;
• collecting taxes and assisting taxpayers;
• managing federal buildings and the federal workforce; and
• operating the Executive Office of the President, the judiciary, and the District of Columbia.

The bill decreases Financial Services and General Government discretionary funding below FY2015 levels.

Compared to FY2015, the bill includes increases for the judiciary and the District of Columbia. The bill decreases funding for the Department of the Treasury, including decreases for the Internal Revenue Service.

Also included in the bill are provisions that:

• relax certain travel and trade restrictions with Cuba,
• require OPM to provide identity protection to victims of the data breach,
• change the structure and funding source of the Consumer Financial Protection Bureau,
• permit banks to provide services to entities that sell marijuana in states where it is legal, and
• change campaign finance coordination rules between candidates and political parties.

Full Summary:

Financial Services and General Government Appropriations Act, 2016

Provides FY2016 appropriations for financial services and general government, including programs in the Department of the Treasury, the Executive Office of the President, the federal judiciary, the District of Columbia, and several independent agencies.

Department of the Treasury Appropriations Act, 2016

TITLE I--DEPARTMENT OF THE TREASURY

Provides appropriations to the Department of the Treasury for Departmental Offices, including:

• Salaries and Expenses,
• Department-Wide Systems and Capital Investment Programs,
• the Office of Inspector General,
• the Treasury Inspector General for Tax Administration, and
• the Special Inspector General for the Troubled Asset Relief Program.

Provides appropriations to Treasury for:

• the Financial Crimes Enforcement Network,
• the Bureau of the Fiscal Service,
• the Alcohol and Tobacco Tax and Trade Bureau,
• the U.S. Mint, and
• the Community Development Financial Institutions Fund Program Account.

Rescinds specified unobligated balances from the Treasury Forfeiture Fund.

Provides appropriations to the Internal Revenue Service (IRS) for:

• Taxpayer Services,
• Enforcement,
• Operations Support, and
• Business Systems Modernization.

(Sec. 101) Permits up to 5% of any IRS appropriation provided by this bill to be transferred to any other IRS appropriation upon advance approval of Congress.

(Sec. 102) Requires the IRS to maintain an employee training program that includes taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law.

(Sec. 103) Requires the IRS to institute and enforce policies and procedures to safeguard the confidentiality of taxpayers' information and protect against identity theft.

(Sec. 104) Permits the IRS to use funds for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers.

(Sec. 105) Bars the IRS from using funds provided by this bill to make a video unless it is approved in advance by the Service-Wide Video Editorial Board.

(Sec. 106) Requires the IRS to notify employers of any address changes related to employment tax payments.

(Sec. 107) Prohibits the IRS from using funds provided by this bill to target U.S. citizens for exercising any rights guaranteed under the First Amendment to the U.S. Constitution.

(Sec. 108) Prohibits the IRS from using funds provided by this bill to target groups for regulatory scrutiny based on their ideological beliefs.

(Sec. 109) Requires the IRS to comply with certain procedures and policies for conference spending that were recommended by the Treasury Inspector General for Tax Administration.

(Sec. 110) Prohibits the IRS from using funds provided by this bill to violate the confidentiality of tax returns.

(Sec. 111) Prohibits the IRS from using funds provided by this bill for providing employee bonuses or hiring former employees without considering conduct and federal tax compliance.

(Sec. 112) Permits Treasury to use funds provided by this bill for uniforms, overseas motor vehicles and insurance, contracts with the Department of State for health and medical services for overseas Treasury employees, and experts or consultants

(Sec. 113) Permits certain transfers between Treasury accounts, subject to congressional approval and specified requirements.

(Sec. 114) Permits the IRS to transfer certain funds to the Treasury Inspector General for Tax Administration, subject to congressional approval and specified requirements.

(Sec. 115) Bars Treasury or the Bureau of Engraving and Printing from using funds to redesign the $1 Federal Reserve note.

(Sec. 116) Permits Treasury to transfer funds from Bureau of Fiscal Services--Salaries and Expenses to the Debt Collection Fund to cover the costs of debt collection. Requires the transferred amounts to be reimbursed from debt collections received in the Fund.

(Sec. 117) Prohibits the U.S. Mint from using funds to construct or operate any museum without congressional approval.

(Sec. 118) Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without congressional approval.

(Sec. 119) Deems funds provided for Treasury's intelligence-related activities as authorized for FY2016 until enactment of the Intelligence Authorization Act for FY2016.

(Sec. 120) Permits up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for official reception and representation expenses.

(Sec. 121) Requires Treasury to submit a capital investment plan to Congress.

(Sec. 122) Requires the Office of Financial Stability and the Office of Financial Research to report quarterly to Congress on their activities.

(Sec. 123) Requires Treasury to report to Congress on the Franchise Fund.

(Sec. 124) Requires Treasury to report to Congress on economic warfare and financial terrorism.

(Sec. 125) Prohibits Treasury from using funds provided by this bill to enforce specified guidance for U.S. positions on multilateral development banks which engage with developing countries on coal-fired power generation.

Executive Office of the President Appropriations Act, 2016

TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

Provides FY2016 appropriations to the Executive Office of the President and designated accounts, including:

• the White House,
• the Executive Residence at the White House,
• White House Repair and Restoration,
• the Council of Economic Advisers,
• the National Security Council and the Homeland Security Council,
• the Office of Administration,
• the Office of Management and Budget (OMB),
• the Office of National Drug Control Policy,
• Unanticipated Needs,
• Information Technology Oversight and Reform,
• Special Assistance to the President, and
• the Official Residence of the Vice President.

(Sec. 201) Permits certain transfers of funds between accounts within the Executive Office of the President, subject to congressional approval and specified requirements.

(Sec. 202) Require the OMB to report to Congress on the costs of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).

(Sec. 203) Requires the OMB to include a statement of budgetary impact with any executive order issued during FY2016.

Judiciary Appropriations Act, 2016

TITLE III--THE JUDICIARY

Provides FY2016 appropriations to the judiciary for:

• the Supreme Court of the United States;
• the U.S. Court of Appeals for the Federal Circuit;
• the U.S. Court of International Trade;
• Courts of Appeals, District Courts, and Other Judicial Services;
• the Administrative Office of the U.S. Courts;
• the Federal Judicial Center; and
• the U.S. Sentencing Commission.

(Sec. 301) Permits funds provided by this title for salaries and expenses to be used for the employment of temporary or intermittent experts and consultants.

(Sec. 302) Permits certain transfers of funds between judiciary accounts, subject to congressional notification and specified requirements.

(Sec. 303) Permits up to $11,000 of appropriations provided for salaries and expenses for Courts of Appeals, District Courts, and Other Judicial Services to be used for official reception and representation expenses of the Judicial Conference of the United States.

(Sec. 304) Permits the delegation of authority to the judiciary for contracts for repairs that are under $100,000.

(Sec. 305) Requires the U.S. Marshals Service to provide a court security pilot program.

(Sec. 306) Permits a U.S. probation officer who has been appointed in one district to provide supervision services to another district with the consent of both courts

(Sec. 307) Amends the Judicial Improvements Act of 1990; the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006; and the 21st Century Department of Justice Appropriations Authorization Act to extend several temporary judgeships.

District of Columbia Appropriations Act, 2016

TITLE IV--DISTRICT OF COLUMBIA

Provides FY2016 appropriations to the District of Columbia, including federal payments for:

• Resident Tuition Support;
• Emergency Planning and Security Costs in the District of Columbia;
• District of Columbia Courts;
• Defender Services in District of Columbia Courts;
• the Court Services and Offender Supervision Agency for the District of Columbia;
• the District of Columbia Public Defender Service;
• the District of Columbia Water and Sewer Authority;
• the Criminal Justice Coordinating Council;
• Judicial Commissions;
• School Improvement;
• the District of Columbia National Guard; and
• Testing and Treatment of HIV/AIDS.

Provides local funds for the operation of the District of Columbia out of the General Fund of the District of Columbia as set forth in the FY2016 Budget Request Act of 2015 that the District of Columbia submitted to Congress.

TITLE V--INDEPENDENT AGENCIES

Provides appropriations for independent agencies, including:

• the Administrative Conference of the United States,
• the Commodity Futures Trading Commission (CFTC),
• the Consumer Financial Protection Bureau (CFPB),
• the Consumer Product Safety Commission,
• the Election Assistance Commission,
• the Federal Communications Commission (FCC),
• the Federal Deposit Insurance Corporation,
• the Federal Election Commission (FEC),
• the Federal Labor Relations Authority,
• the Federal Trade Commission (FTC),
• the General Services Administration (GSA),
• the Harry S. Truman Scholarship Foundation,
• the Merit Systems Protection Board,
• the Morris K. Udall and Stewart L. Udall Foundation,
• the National Archives and Records Administration,
• the National Credit Union Administration,
• the Office of Government Ethics,
• the Office of Personnel Management (OPM),
• the Office of Special Counsel,
• the Postal Regulatory Commission,
• the Privacy and Civil Liberties Oversight Board,
• the Securities and Exchange Commission (SEC),
• the Selective Service System,
• the Small Business Administration (SBA),
• the U.S. Postal Service, and
• the U.S. Tax Court.

Requires the U.S. Postal Service to continue six day delivery and rural delivery of the mail at not less than the 1983 level.

(Sec. 501) Amends Dodd-Frank to permit the congressional appropriations committees to review transfers from the Federal Reserve system to the CFPB.

(Sec. 502) Changes the CFPB's source of funding from transfers from the Federal Reserve System to annual appropriations beginning in FY2017.

(Sec. 503) Requires the CFPB to notify Congress of any request for a transfer of funds from the Board of Governors of the Federal Reserve System.

(Sec. 504) Requires the CFPB to submit to Congress quarterly reports on its activities.

(Sec. 505) Amends the Consumer Financial Protection Act of 2010 to change the leadership structure of the CFPB to a five-member commission appointed by the President with the advice and consent of the Senate.

(Sec. 510) Amends the Universal Service Antideficiency Temporary Suspension Act to extend the exemption for the FCC's Universal Service Fund from provisions of the Antideficiency Act limiting the expenditure and obligation of funds by federal employees.

(Sec. 511) Prohibits the FCC from using funds provided by this bill to change the rules or regulations for universal service payments to implement specified recommendation regarding single connection or primary line restrictions on payments.

(Sec. 520) Permits the GSA to use funds to hire passenger motor vehicles.

(Sec. 521) Permits funds provided for the Federal Buildings Fund to be transferred between activities if necessary to meet program requirements, subject to congressional approval.

(Sec. 522) Requires budget requests for courthouse construction funds to meet specified standards.

(Sec. 523) Prohibits funds provided by this bill from being used to increase square footage, provide cleaning services or security enhancements, or provide any other service usually provided through the Federal Buildings Fund to any agency that does not pay the assessed rent.

(Sec. 524) Permits the GSA to use specified funds to pay claims against the federal government that are under $250,000 and arise from direct construction projects and building acquisitions if Congress is notified in advance.

(Sec. 525) Requires GSA, if specified congressional committees adopt a resolution granting lease authority pursuant to a prospectus, to ensure that the delineated area of procurement matches the prospectus.

(Sec. 526) Requires GSA to submit a spending plan and explanation to Congress for each project funded with the Major Repairs and Alterations and Judiciary Capital Security Program accounts.

(Sec. 527) Requires any consolidation of the Federal Bureau of Investigation (FBI) headquarters to result in a full consolidation.

(Sec. 530) Permits the SBA to transfer specified funds between appropriations accounts.

(Sec. 531) Waives certain loan guarantee fees for veterans and their spouses.

(Sec. 532) Extends the authority for low-interest refinancing for certain small business loans under the local development business loan program.

TITLE VI--GENERAL PROVISIONS--THIS ACT

Sets forth permissible, restricted, and prohibited uses for funds provided by this bill.

(Sec. 601) Prohibits funds provided by this bill from being used to pay expenses or otherwise compensate non-federal parties intervening in regulatory or adjudicatory proceedings funded in this bill.

(Sec. 602) Prohibits funds provided by this bill from being obligated beyond the current fiscal year or transferred to other appropriations unless authority is expressly provided by this bill.

(Sec. 603) Limits expenditures for consulting services to contracts where expenditures are a matter of public record, except where otherwise permitted under existing law.

(Sec. 604) Prohibits funds provided by this bill from being transferred to any department, agency, or instrumentality of the U.S. government, except pursuant to transfer authority provided by an appropriations Act.

(Sec. 605) Requires enforcement of a Tariff Act of 1930 provision barring the importation of goods manufactured using convict labor.

(Sec. 606) Requires entities receiving funds provided by this bill to comply with the Buy American Act.

(Sec. 607) Prohibits the use of funds provided by this bill by any person or entity convicted of violating the Buy American Act.

(Sec. 608) Provides authority, restrictions, and requirements for reprogramming. Requires agencies funded in this bill to submit to Congress a report establishing a baseline for the application of reprogramming and transfer authorities.

(Sec. 609) Permits up to 50% of unobligated balances remaining at the end of FY2016 for salaries and expenses to remain available through FY2017, subject to reprogramming guidelines and congressional approval.

(Sec. 610) Prohibits the Executive Office of the President from using funds provided by this bill to request either a Federal Bureau of Investigation background investigation or an IRS determination of tax-exempt status under section 501(a) of the Internal Revenue Code, except with the consent of the individual involved in an investigation or in extraordinary circumstances involving national security.

(Sec. 611) Makes certain cost accounting standards inapplicable to contracts under the Federal Employees Health Benefits Program.

(Sec. 612) Permits the OPM to accept and utilize funds made available for resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program.

(Sec. 613) Prohibits funds provided by this bill from being used 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) Provides exceptions to the prohibition in section 613 if 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) Waives Buy American Act restrictions for commercial information technology acquired by the federal government.

(Sec. 616) Prohibits an officer or employee of any regulatory agency or commission funded by this bill from accepting payments or reimbursements for travel, subsistence, or related expenses from a person or entity regulated by the agency or commission, subject to an exception for nonprofit tax-exempt organizations.

(Sec. 617) Permits the Commodity Futures Trading Commission and the SEC to use funds for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.

(Sec. 618) Requires agencies covered by this bill to consult with GSA before seeking new office space or making alterations to existing office space. Permits any agency with authority to enter into an emergency lease to do so during any period declared by the President to require emergency leasing authority.

(Sec. 619) Provides funds required under current law for:

• compensation of the President;
• payments to the Judicial Officers' Retirement Fund, the Judicial Survivors' Annuities Fund, and the U.S. Court of Federal Claims Judges' Retirement Fund;
• payment of government contributions for health and life insurance benefits of federal retired employees;
• payments to finance the unfunded liability of annuity benefits under the Civil Service Retirement and Disability Fund; and
• payments of annuities authorized to be paid from the Civil Service Retirement and Disability Fund.

(Sec. 620) Permits the Public Company Accounting Oversight Board to obligate specified funds to remain available until expended for the scholarship program established by the Sarbanes-Oxley Act of 2002.

(Sec. 621) Prohibits the FTC from using funds provided by this bill 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 Working Group complies with Executive Order 13563 (Improving Regulation and Regulatory Review).

(Sec. 622) Bars the use of funds provided by this bill for the following positions: (1) Director of the White House Office of Health Reform, (2) Assistant to the President for Energy and Climate Change, (3) Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy, and (4) White House Director of Urban Affairs.

(Sec. 623) Prohibits OPM from using funds provided by this bill to permit security clearance-related background investigators to conduct final quality reviews of their own work.

(Sec. 624) Requires agency budget justifications to include specified details regarding management challenges identified by the agency's inspector general.

(Sec. 625) Requires agencies funded by this bill to ensure that the Chief Information Office of the agency has the authority to participate in budgeting decisions related to information technology. Requires funding for information technology to be allocated consistent with guidance provided by appropriations Acts, OMB, and the agency's Chief Information Officer.

(Sec. 626) Prohibits funds provided by this bill from being used in contravention of the Federal Records Act.

(Sec. 627) Rescinds specified unobligated balances from the Securities and Exchange Commission Reserve Fund established by Dodd-Frank.

(Sec. 628) Requires all departments and agencies funded by this bill to link all contracts that provide awards to successful acquisition outcomes.

(Sec. 629) Prohibits funds provided by this bill from being used to pay award or incentive fees for contractor performance that is below satisfactory or does not meet the basic requirements of a contract.

(Sec. 630) Amends provisions of the Federal Election Campaign Act of 1971 related to the coordination of political expenditures.

(Sec. 631) Requires campaign finance reports by Senators and candidates seeking election to the Senate to be filed directly with the FEC. (Under current law, the reports are filed with the Secretary of the Senate and then forwarded to the FEC).

(Sec. 632) Provides that joint sales agreements that existed prior to certain FCC amendments to regulations shall not be considered in violation of the ownership limitations due to the joint sales agreement.

(Sec. 633) Prohibits the FCC from regulating rates for either broadband or wireless Internet providers.

(Sec. 634) Prohibits the CPSC from using funds provided by this bill to finalize or implement the Safety Standard for Recreational Off-Highway Vehicles until the National Academy of Sciences completes and reports to Congress on a specified study related to the standard.

(Sec. 635) Permits specified unobligated balances from the Election Assistance Commission--Election Reform Programs account to be used to record a disbursement previously incurred under that heading in FY2014 against a 2008 cancelled account.

(Sec. 636) Prohibits the FCC from using funds provided by this bill make certain changes to Universal Service Fund payments for wireless providers.

(Sec. 637) Amends specified statutes to make conforming changes related to the provision in section 505 of this bill, which changes the leadership structure of the CFPB to a five-member commission.

(Sec. 638) Permits a person subject to the jurisdiction of the United States to provide payment or financing terms for sales of agricultural commodities to Cuba or an individual or entity in Cuba.

(Sec. 639) Prohibits funds provided by this bill from being used in states where marijuana is legal to prohibit or penalize a financial institution solely because the institution provides financial services to entities engaged in commercial activities related to marijuana.

(Sec. 640) Requires OPM to provide to individuals affected by the data breach of OPM systems comprehensive identify protection coverage that: (1) is effective for at least 10 years, and (2) includes at least $5 million in identity theft insurance.

(Sec. 641) Prohibits funds from being used to restrict travel, or any transaction incident to travel, to or from Cuba by any citizen or legal resident of the United States.

(Sec. 642) Amends the Cuba Democracy Act of 1992 to eliminate certain licensing requirements for U.S. vessels entering a port or place in Cuba to engage in the trade of goods or services.

TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE

Sets forth permissible, restricted, and prohibited uses for appropriations by designated departments, agencies, and corporations.

(Sec. 701) Prohibits the use of appropriations by any federal department, agency, or instrumentality unless it administers a policy designed to ensure that all workplaces are free from the illegal use, possession, or distribution of controlled substances.

(Sec. 702) Establishes price limitations on vehicles purchased by the federal government and specifies exceptions.

(Sec. 703) Permits appropriations for the current fiscal year to be used for quarters and cost-of-living allowances.

(Sec. 704) Prohibits the employment of noncitizens with certain exceptions.

(Sec. 705) Permits appropriations provided to any department or agency for necessary expenses such as maintenance and operating expenses to be used for payments to the GSA for space and services.

(Sec. 706) Permits agencies to finance the costs of recycling and waste prevention programs with proceeds from the sale of materials recovered through the programs

(Sec. 707) Permits funds provided to certain corporations and agencies for administrative expenses to be used to pay rent and other service costs in the District of Columbia.

(Sec. 708) Prohibits interagency financing of boards, commissions, councils, committees, or similar groups absent prior statutory approval.

(Sec. 709) Prohibits funds from being used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution.

(Sec. 710) Prohibits spending more than $5000 to redecorate or furnish the office of the head of a department or agency in specified circumstances unless Congress is notified in advance.

(Sec. 711) Permits interagency funding of national security and emergency preparedness telecommunications initiatives.

(Sec. 712) Requires agencies to certify that certain appointments were not created solely or primarily to detail an individual to the White House.

(Sec. 713) Bars payment of any employee who prohibits, threatens, prevents, or otherwise penalizes another employee from communicating with Congress.

(Sec. 714) Prohibits funds from being used for training that is not directly related to the performance of official duties.

(Sec. 715) Prohibits an agency of the executive branch from using funds for publicity or propaganda purposes and for the preparation or distribution of materials designed to support or defeat legislation pending before Congress.

(Sec. 716) Prohibits an agency from providing a federal employee's home address to any labor organization absent employee authorization or a court order.

(Sec. 717) Prohibits funds from being used to provide any non-public information such as mailing, telephone, or electronic mailing lists to any organization outside the federal government without approval of Congress.

(Sec. 718) Prohibits funds from being used for propaganda and publicity purposes not authorized by Congress.

(Sec. 719) Directs agency employees to use official time in an honest effort to perform official duties.

(Sec. 720) Allows the use of funds to finance an appropriate share of the Federal Accounting Standards Advisory Board administrative costs.

(Sec. 721) Permits agencies to transfer funds to the GSA to support specified government-wide and multiagency activities that meet certain requirements and are approved by OMB.

(Sec. 722) Permits breastfeeding at any location in a federal building or on federal property if the woman and child are authorized to be there.

(Sec. 723) Permits interagency funding of the National Science and Technology Council, and requires the OMB to provide a report describing the budget and resources connected with the council.

(Sec. 724) Requires documents involving the distribution of federal funds to indicate the agency providing the funds and the amount provided.

(Sec. 725) Prohibits federal agencies from using funds to monitor individuals' Internet use, subject to specified exceptions.

(Sec. 726) Prohibits the use of funds provided by this bill for health plans with prescription drug coverage unless contraceptive coverage is included. Includes exemptions for certain religious plans. Prohibits plans from discriminating against individuals who refuse to provide contraceptives due to religious beliefs or moral convictions.

(Sec. 727) States that 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 sports through testing, adjudication, education, and research.

(Sec. 728) Permits federal agencies and departments to use funds appropriated for official travel to participate in the fractional aircraft ownership pilot program, if consistent with OMB Circular A-126 regarding official travel for government personnel.

(Sec. 729) Prohibits funds from being used to implement OPM regulations limiting executive branch detailees to the legislative branch or to implement limitations on the Coast Guard Congressional Fellowship Program.

(Sec. 730) Prohibits agencies from using funds for additional law enforcement training facilities that are not within or contiguous to existing locations without the approval of Congress. Permits the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.

(Sec. 731) Prohibits agencies from using funds to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a notification that it was prepared or funded by the agency.

(Sec. 732) Prohibits the use of funds in contravention of the Privacy Act or associated regulations.

(Sec. 733) Prohibits the use of funds for contracts with any foreign incorporated entity which is an inverted domestic corporation. Requires a waiver if necessary for national security. Exempts contracts entered into prior to enactment of this bill.

(Sec. 734) Requires agencies to pay a fee to the OPM for processing retirements of employees who separate under Voluntary Early Retirement Authority or receive Voluntary Separation Incentive Payments.

(Sec. 735) Bars the use of funds to recommend or require any entity submitting an offer for a federal contract to disclose specified political contribution as a condition of submitting the offer.

(Sec. 736) Bars the use of funds for portraits of a federal officer or employee, including the President, the Vice President, a Member of Congress, or the head of an executive branch agency or legislative branch office.

(Sec. 737) Limits pay increases for certain categories of prevailing rate employees.

(Sec. 738) Eliminates automatic pay increases for the Vice President and certain categories of political appointees.

(Sec. 739) Requires agencies to submit annual reports to Inspectors General or senior ethics officials regarding the costs and contracting procedures for conferences that cost more than $100,000.

(Sec. 740) Prohibits the use of funds to increase, eliminate, or reduce funding for a program, project, or activity, unless the changes have been enacted into law or made using transfer or reprogramming authority provided in an appropriations Act.

(Sec. 741) Prohibits funds from being used for an OPM rule revising the definition of competitive area used in reductions-in-force for federal employees.

(Sec. 743) Prohibits funds from being used to require contractors or employees to sign confidentiality agreements or statements restricting or prohibiting the reporting of waste, fraud, or abuse to investigative or law enforcement representatives.

(Sec. 744) Prohibits the use of funds for specified transactions with any corporation with certain unpaid federal tax liabilities, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.

(Sec. 745) Prohibits the use of funds for specified transactions with any corporation that was convicted of a felony within the preceding 24 months, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.

(Sec. 746) Prohibits the use of funds to implement or enforce a nondisclosure agreement unless it meets specified criteria.

(Sec. 747) Prohibits the use of funds for Executive Order 13690 (Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input).

(Sec. 748) Permits the Office of Management and Budget (OMB) to make specified adjustments to discretionary spending limits to account for estimating differences with the Congressional Budget Office (CBO).

(Sec. 749) Provides that references to "this Act" shall not apply to titles IV (District of Columbia) or VIII (General Provisions--District of Columbia) unless it is included in those titles or expressly provided for in this bill.

TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA

Sets forth permitted, restricted, and prohibited uses of funds appropriated by this bill for the District of Columbia.

(Sec. 801) Appropriates District of Columbia funds for making refunds and paying settlements or judgments against the District of Columbia government.

(Sec. 802) Prohibits the use of federal funds provided by this bill 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) Establishes reprogramming procedures for federal funds.

(Sec. 804) Prohibits the use of federal funds for the salaries and expenses of shadow U.S. Representatives or Senators.

(Sec. 805) Requires official vehicles provided to any officer or employee of the District of Columbia to be used only for official duties.

(Sec. 806) Prohibits the use of federal funds for a petition drive or civil action seeking voting representation in Congress for the District.

(Sec. 807) Bars the use of federal funds provided by this bill to distribute needles or syringes for preventing the spread of blood borne pathogens in any location that local public health or law enforcement authorities have determined to be inappropriate for distribution.

(Sec. 808) Provides that nothing in this bill prevents the Council or the Mayor from addressing contraceptive coverage by health insurance plans. Expresses the intent of Congress that legislation enacted on the issue should include a conscience clause providing exceptions for religious beliefs and moral convictions.

(Sec. 809) Prohibits federal funds provided by this bill from being used for abortions except where the mother's life would be endangered if the fetus were carried to term, or in cases of rape or incest.

(Sec. 810) Requires the Chief Financial Officer (CFO) of the District of Columbia to submit to Congress, the Mayor, and the Council a revised operating budget for agencies requiring a reallocation to address unanticipated changes in program requirements.

(Sec. 811) Requires the CFO of the District of Columbia to submit to Congress, the Mayor, and the Council a revised operating budget for the District of Columbia Public Schools that aligns the school budget to actual enrollment.

(Sec. 812) Permits the District of Columbia to reprogram or transfer funds between operating funds and capital and enterprise funds. Prohibits the transfer of any funds derived from bonds, notes, or other obligations issued for capital projects.

(Sec. 813) Prohibits federal funds from being obligated beyond the current fiscal year or transferred unless expressly permitted in this bill.

(Sec. 814) Permits up to 50% of unobligated balances available at the end of FY2016 from federal appropriations for salaries and expenses to remain available through FY2017, subject to congressional approval and reprogramming guidelines.

(Sec. 815) Appropriates local funds to the District of Columbia for FY2017 if no continuing resolution or regular appropriation for the District of Columbia is in effect. Provides the funds under the same authorities, conditions, and manner as provided for FY2016.

(Sec. 816) Amends the Scholarships for Opportunity and Results Act to add additional requirements for schools participating in the program.

(Sec. 817) Amends the D.C. College Access Act of 1999 to reduce the income threshold for D.C. Tuition Assistance Grant recipients.

(Sec. 818) Provides that references to "this Act" in this title or title IV (District of Columbia) refer only to those titles, unless this Act expressly provides otherwise.

TITLE IX--FINANCIAL REGULATORY IMPROVEMENTS

Financial Regulatory Improvement Act of 2015

Subtitle A--Regulatory Relief And Protection Of Consumer Access To Credit

(Sec. 902) The Gramm-Leach-Bliley Act is amended to exempt from the requirement to provide consumers with an annual written disclosure of their privacy policy certain financial institutions that provide nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution.

(Sec. 903) The Federal Home Loan Bank Act is amended to set requirements for a credit union that has applied for membership in a Federal Home Loan Bank, but whose member accounts are not federally insured, to be treated nonetheless as an insured depository institution.

(Sec. 904) The Consumer Financial Protection Bureau (CFPB) shall establish a process under which a person who lives or does business in an area not CFPB-designated as rural may apply to the CFPB for a rural area designation. Evaluation criteria which the CFPB must consider are set forth.

(Sec. 905) The Federal Financial Institutions Examination Council Act of 1978 is amended to establish in the Financial Institutions Examination Council an Office of Independent Examination Review to investigate complaints concerning examinations, examination practices, or examination reports, as well as to conduct a continuing and regular program of examination quality assurance for all types of examinations conducted, by the federal financial institutions regulatory agencies.

The Riegle Community Development and Regulatory Improvement Act of 1994 is amended to require the CFPB to establish an independent intra-agency appellate process to ensure that safeguards exist to protect the insured depository institution or insured credit union from retaliation by a federal banking agency for exercising its rights.

The principle of retaliation is expanded to include delaying consideration of, or withholding approval of, any request, notice, or application that would have been approved but for the exercise of its rights by the insured depository institution or credit union.

(Sec. 907) The Truth in Lending Act (TILA) is amended to exempt certain creditors from civil liability, except in particular circumstances, for failure to comply with specified prohibitions with respect to a residential mortgage loan if among other things:

• the creditor (or any person acquiring the loan) has continued to hold the loan on its balance sheet since loan origination;
• the loan has not been acquired through a securitization;
• all prepayment penalties with respect to the loan comply with the limitations;
• the loan does not have negative amortization, interest-only features, or a loan term of over 30 years; and
• the creditor has documented the consumer's income, employment, assets, and credit history.

The Federal Deposit Insurance Act (FDIA) is amended to require periodic federal banking agency reviews of either the mortgage portfolio or targeted segments of bank portfolios belonging to banks deemed systemically important if certain conditions arise including: (1) elevated risk, (2) increased delinquency and loss rates, (3) new lines of business emerge, (4) new acquisition channels, (5) rapid growth, or (6) an internal audit is inadequate.

(Sec. 908) The Government Accountability Office (GAO) shall study the effects of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) upon the availability and affordability of credit for consumers, small businesses, first-time homebuyers, and mortgage lending.

(Sec. 909) The TILA is further amended to exclude from the definition of mortgage originator subject to TILA requirements and prohibitions any retailer of manufactured or modular homes or its employees, unless one or the other of them receives compensation or gain for engaging in specified activities related to mortgage loan origination that exceeds compensation or gain received in a comparable cash transaction.

The criteria for a high-cost mortgage loan secured by a dwelling that is personal property, when the transaction is for less than $50,000, are revised to: (1) increase the percentage points involved from 8.5% to 10% and the maximum amount of the qualifying transaction to $75,000 (adjusted for inflation), and (2) include as an alternative any transaction that does not include the purchase of real property on which a dwelling is to be placed.

The total points and fees payable for such a transaction must exceed the greater of 5% of the total transaction amount or $3,000 (adjusted for inflation) to qualify the mortgage loan as high-cost.

(Sec. 910) The FDIA is further amended with respect to mandatory on-site examinations to increase from $500 million to $1 billion the maximum asset size of small insured depository institutions eligible for 18-month onsite examinations.

(Sec. 911) The bill amends specified Acts to link to changes in the gross domestic product: (1) the size of insured depository institutions and insured credit unions subject to specified regulatory oversight (including the examination and reporting threshold required by the Consumer Financial Protection Act of 2010 [CFPA]), and (2) the size of small banks, savings associations, farm credit system institutions, and credit unions that may be exempt from swap or securities-based swap clearing requirements under the Commodity Exchange Act (CEA) and the Securities Exchange Act.

(Sec. 912) The Home Mortgage Disclosure Act of 1975 is amended to direct GAO to study the privacy risks of government publication of personal financial data.

(Sec. 913) The TILA is amended to: (1) shield from civil liability a disclosure made in good faith pursuant to mandatory reporting of unethical or unprofessional conduct concerning consumer real estate appraisals, and (2) declare civil penalties inapplicable to violations of appraisal independence requirements.

(Sec. 914) Mutual holding companies and grandfathered mutual holding companies may waive the receipt of dividends declared on the common stock of their bank or mid-size holding companies.

(Sec. 915) Any appraiser, employed to appraise a consumer's principal dwelling that will secure a consumer credit transaction but who voluntarily declines to receive a fee, shall not be treated as a fee appraiser with respect to appraisal independence requirements.

(Sec. 916) The Bank Holding Company Act of 1956 is amended to exclude from its prohibitions against proprietary trading and certain relationships with hedge funds and private equity funds any banking institution whose total consolidated assets amount to $10 billion or less if it is not controlled by a company whose total consolidated assets exceed $10 billion (adjusted for changes in the gross domestic product).

The appropriate federal banking agency for an insured depository institution with total consolidated assets of $10 billion or less may apply such prohibitions and restrictions to the activities of the insured depository institution that, but for this amendment, would be subject to them if those activities: (1) are inconsistent with traditional banking activities, or (2) because of their nature or volume pose a risk to the safety and soundness of the insured depository institution.

(Sec. 917) The federal banking agencies shall jointly study the appropriate capital requirements for mortgage servicing assets for banking institutions.

(Sec. 918) The TILA is amended to allow a transaction to be consummated without regard to a certain three-day waiting period if a creditor extends to the consumer a second offer of credit with a lower annual percentage rate.

The CFPA is amended to shield from civil, criminal, or administrative action for failure to comply with certain mandatory disclosures relating to a consumer financial product or service any covered person that makes other specified disclosures under the TILA or the Real Estate Settlement Procedures Act of 1974 during a specified period before model disclosures are prescribed by the CFPB.

(Sec. 919) The S.A.F.E. Mortgage Licensing Act of 2008 is amended to deem registered loan originators moving from a financial institution to a non-bank originator, or moving interstate, to be state-licensed for the 120-day period after a state-licensed mortgage lender, mortgage banker, or mortgage servicer that is not a depository institution registers with the Nationwide Mortgage Licensing System and Registry that the registered loan originator is employed by it.

(Sec. 920) The FDIA is further amended to direct federal banking agencies to review reports of condition and jointly develop short form reports-of-condition that reduce or eliminate information or schedules currently required to be filed by an insured depository institution.

(Sec. 921) The Expedited Funds Availability Act is amended to: (1) define a receiving depository institution as the proprietary automated teller machine (ATM) located in the United States in which a check is first deposited, and (2) extend coverage of the Act to American Samoa and the Commonwealth of the Northern Mariana Islands.

(Sec. 922) The Federal Advisory Committee Act shall apply to every CFPB advisory committee and subcommittee.

(Sec. 923) The Federal Credit Union Act is amended to require the National Credit Union Administration (NCUA) Board to: (1) print in the Federal Register a draft of its detailed business-type budget before submitting it, and (2) hold a public hearing for public comments on the draft.

(Sec. 924) The Financial Stability Act of 2010 is amended with respect to the exemption of the debt or equity instruments of certain small insured depository institution holding companies from mandatory capital deductions in the calculation of minimum leverage and risk-based capital requirements for insured depository institutions. Adds March 31, 2010, as an alternative to December 31, 2009, as the target date for determining consolidated assets of less than $15 billion for a depository institution holding company whose debt or equity instruments are exempt from mandatory capital deductions.

(Sec. 925) The Federal Housing Finance Agency (FHFA) must withdraw its proposed rule entitled "Members of Federal Home Loan Banks" (September 12, 2014). The GAO shall report to certain congressional committees on the impact of the rule upon the Federal Home Loan Bank System and financial intermediaries.

(Sec. 926) The Economic Growth and Regulatory Paperwork Reduction Act of 1996 is amended to name the federal regulatory entities that must review, together with the Financial Institutions Examination Council, all Council-prescribed regulations, including regulations under Dodd-Frank, in order to identify unnecessary regulatory requirements governing insured depository institutions.

(Sec. 927) The following agencies shall neither implement nor participate in the Operation Choke Point initiative of the Department of Justice: the FDIC, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System (Federal Reserve Board), the CFPB, and the NCUA.

(Sec. 928) The FDIA, the Revised Statutes, the Home Owners' Loan Act, the Federal Reserve Act, and the Bank Holding Company Act of 1956 are amended to authorize the FDIC, the Comptroller of the Currency, and the Federal Reserve Board to exempt from the respective Acts, related regulations, and their regulatory agency oversight any depository institution (including a savings association, a state-chartered member bank of the Federal Reserve System, a bank holding company, a savings and loan holding company, or a mutual holding company) having total assets of less than $10 billion (adjusted annually to reflect changes in the gross domestic product).

In issuing any such exemption the regulatory agency shall consider the extent to which:

• a provision or rule would impose an unnecessary or undue burden or cost on the depository institution;
• the provision or rule is unnecessary or unwarranted to promote the depository institution's safety and soundness; and
• the exemption is necessary, appropriate, or consistent with the public interest.

Subtitle B--Systemically Important Bank Holding Companies

(Sec. 931) The Financial Stability Act of 2010 is amended to authorize the Financial Stability Oversight Council (FSOC), following prescribed procedures, to determine to be systemically important any bank holding company whose assets range between $50 billion and $500 billion (adjusted annually for inflation). Bank holding companies whose total consolidated assets exceed $500 billion (adjusted annually for inflation) shall be automatically deemed systemically important.

("Systemically important" and "systemic importance" refer to a situation where the failure of or a disruption to the functioning of a financial market utility or the conduct of a payment, clearing, or settlement activity could create, or increase, the risk of significant liquidity or credit problems spreading among financial institutions or markets and thereby threaten the stability of the U.S. financial system.)

(Sec. 934) It is the sense of Congress that the federal banking agencies, using their existing authorities, should seek to tailor prudential regulations and differentiate among Federal Reserve Board-supervised bank holding companies and nonbank financial companies based upon capital structure, riskiness, complexity, financial activities, and size.

Subtitle C--Greater Transparency for the Financial Stability Oversight Council Process for Nonbank Financial Companies

(Sec. 941) The Financial Stability Act is further amended to allow any member of the governing body of a member agency headed by an FSOC member to attend FSOC meetings and have access to the same information and materials to which the FSOC member is entitled.

(Sec. 942) The FSOC, when determining the need for the Federal Reserve Board to supervise a domestic or foreign nonbank financial company that could pose a threat to U.S. financial stability, shall consider, among other factors, the degree to which the company is already regulated by its primary financial regulatory agency (as under current law), including the appropriateness of imposing prudential standards in addition to or as opposed to other forms of regulation.

The FSOC shall also reevaluate annually, through a specified process, each such determination with respect to a Board-supervised nonbank financial company and grant the company opportunity to contest the FSOC determination.

Subtitle D--Improved Accountability and Transparency in the Regulation of Insurance

(Sec. 951) It is the sense of Congress that the McCarran-Ferguson Act remains the preferred approach to regulating the business of insurance.

(Sec. 952) The FDIA is amended to exempt from the requirement that it provide funds or other assets to a subsidiary depository institution any savings and loan holding company that is an insurance company, affiliate of an insured depository institution that is an insurance company, and any other company that is an insurance company and directly or indirectly controls an insured depository institution.

The FDIC, during the orderly liquidation of a financial company (or subsidiary) that is an insurance company, must:

• notify state insurance authorities when taking a priority lien for payment of funds made available to that company or subsidiary; and
• take the lien only if it will not unduly impede or delay the liquidation or rehabilitation of the insurance company, or the recovery by its policyholders.

(Sec. 953) It is the sense of Congress that:

• the Secretary of the Treasury, the Federal Reserve Board, and the Director of the Federal Insurance Office (officials) should support increasing transparency at any global insurance or international standard-setting regulatory or supervisory forum in which they participate, including advocating for greater public observer access at any such forum; and
• these officials should achieve consensus positions with state insurance regulators whenever they represent the United States in negotiations on insurance issues at an international forum of financial regulators considering insurance regulations.

There is established within the Federal Reserve Board an Insurance Policy Advisory Committee on International Capital Standards and Other Insurance Issues.

These officials must study the impact upon U.S. consumers and markets before supporting or consenting to adoption of any key elements in any international insurance proposal or international insurance capital standard.

Subtitle E--Improving the Federal Reserve System

(Sec. 961) The Federal Reserve Act is amended to direct the Federal Open Market Committee (FOMC) to explain quarterly to certain congressional committees the basis for its policy decisions.

(Sec. 962) The Federal Reserve Board must, on a nondelegable basis, vote on whether to issue any civil money penalty assessment order or settle any other enforcement action that would involve payment of at least $1 million in compensation, penalties, fines, or other payments.

Each Board member is limited to a maximum four-person staff selected by the member, and whose salaries are also set by the member.

(Sec. 963) The FOMC must publish the transcript of any meeting within three years.

(Sec. 965) There is established an independent Federal Reserve System Restructuring Commission to study the appropriateness of restructuring the Federal Reserve districts, analyzing potential benefits and costs.

(Sec. 966) The GAO shall study the effectiveness of supervision by the Federal Reserve Board and each Federal Reserve bank of bank holding companies and nonbank financial companies subject to specified requirements of the Financial Stability Act of 2010.

(Sec. 967) The Federal Reserve Board must report biennially to certain congressional committees on its plans to supervise and regulate nonbank financial companies subject to specified determinations under the Financial Stability Act of 2010.

(Sec. 968) The first vice president of the Federal Reserve Bank of New York shall be appointed by the Class B and Class C directors of the Bank, with the approval of the Federal Reserve Board, for a five-year term.

The president of the Federal Reserve Bank of New York shall be appointed by the President, by and with the advice and consent of the Senate, also for a five-year term.

Subtitle F--Improved Access to Capital and Tailored Regulation in the Financial Markets

(Sec. 971) The Securities Exchange Act of 1934 (SEA) is amended to subject to securities registration requirements any savings and loan holding company whose total assets exceed $10,000,000 and that has a class of equity security (other than an exempted security) held of record by 2,000 or more persons.

(Sec. 972) The Securities and Exchange Commission (SEC) shall increase from $5 million to $10 million the aggregate sales price or securities threshold sold during any consecutive 12-month period in excess of which the issuer must make additional disclosures to investors regarding compensatory benefit plans.

(Sec. 973) The CEA and the SEA are amended to repeal the requirement that derivatives clearing organizations, swap data repositories, and security-based swap data repositories indemnify the Commodity Futures Trading Commission or the SEC, as appropriate, for any expenses arising from litigation relating to disclosed information.

(Sec. 974) The Securities Act of 1933 is amended to require continued treatment as an emerging growth company, for a certain period, of any company previously registered as an emerging growth company that has since ceased to qualify as one.

Subtitle G--Taxpayer Protections and Market Access for Mortgage Finance

(Sec. 982) For purposes of determining budgetary impacts to evaluate points of order under the Congressional Budget Act of 1974, a legislative vehicle that would either increase or extend the increase of guarantee fees for the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), and any of their affiliates (enterprises) may not be scored with respect to the level of budget authority, outlays, or revenues.

Legislation may be scored, however, if it: (1) includes a specific instruction regarding the disposition of senior preferred stock acquired pursuant to the Senior Preferred Stock Purchase Agreement; and (2) provides for an increase, or extension of an increase, of any enterprise guarantee fee in order to finance reforms to the secondary mortgage market.

(The Senior Preferred Stock Purchase Agreement is:

• the Amended and Restated Senior Preferred Stock Purchase Agreement, dated September 26, 2008, as amended on several specified later dates, and as it may be further amended and restated, entered into between the Department of the Treasury and each enterprise; and
• any provision of any certificate in connection with the Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued or sold pursuant to the Agreement.)

(Sec. 983) Treasury may not dispose of outstanding shares of senior preferred stock acquired pursuant to the Senior Preferred Stock Purchase Agreement unless legislation has been enacted specifically instructing Treasury regarding such a disposition.

(Sec. 984) The FHFA shall direct the enterprises and Common Securitization Solutions, LLC, (CSS) (the joint venture the enterprises have formed) to establish the Secondary Market Advisory Committee (SMAC) to advise the enterprises and CSS on decisions pertaining to the development of secondary mortgage market infrastructure.

The SMAC must include private market participants that represent multiple aspects of the mortgage market, including mortgage lenders and poolers of mortgage-backed securities.

(Sec. 985) It is the sense of Congress that:

• the capacity and functionality of the securitization Platform described in the FHFA paper "Building a New Infrastructure for the Secondary Mortgage Market," which is currently geared toward enterprise issuance of mortgage-backed securities, should be expanded to facilitate the issuance of such securities by issuers other than the enterprises;
• CSS should develop the contractual and disclosure framework for issuers other than the enterprises; and
• specified enterprise property constitutes valuable assets for which the enterprises should receive appropriate compensation upon their transfer.

The FHFA must present to Congress a plan to transition the Platform and the contractual and disclosure framework from a joint venture owned by the enterprises into a private, nonprofit entity that best facilitates a deep, liquid, and resilient secondary mortgage market for mortgage-backed securities.

The FHFA must direct the enterprises and CSS to re-constitute a CSS Board of Directors that meets certain composition requirements.

CSS is prohibited from undertaking certain activities, including: (1) guaranteeing mortgage loans or mortgage-backed securities, (2) assuming or holding mortgage loan credit risk, and (3) owning or holding mortgage loans or mortgage-backed securities for investment purposes.

The FHFA shall have general regulatory authority over CSS and any subsequent private successor.

The FHFA must transfer from the enterprises to CSS any funds necessary to implement Platform activities and operations.

(Sec. 986) The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended to require:

• each enterprise to develop and engage in significant and increasing risk-sharing transactions, including front-end risk sharing and risk-sharing transactions in which the first loss position is transferred, considering market conditions and the safety and soundness of the enterprise; and
• the FHFA to report annually to Congress a five-year plan describing steps it intends to take to broaden the eligible investor base for credit risk-sharing programs.

Subtitle H--Dodd-Frank Wall Street Reform and Consumer Protection Act Technical Corrections

(Sec. 991) Technical and conforming amendments are made to specified Acts cited in Dodd-Frank, including: (1) the Financial Stability Act of 2010, (2) the Enhancing Financial Institution Safety and Soundness Act of 2010, and (3) the Private Fund Investment Advisers Registration Act of 2010.

(Sec. 999G) The bill extends for one year rulemaking deadlines prescribed in Dodd-Frank that have either not been met or have not been met in final form.