FINANCIAL SERVICES AND GENERAL GOVERNMENT

HOUSE OF REPRESENTATIVES

" !

118

ONGRESS

1st Session

EPORT

118–145

FINANCIAL SERVICES AND GENERAL

GOVERNMENT APPROPRIATIONS BILL, 2024

R E P O R T

OF THE

COMMITTEE ON APPROPRIATIONS

HOUSE OF REPRESENTATIVES

together with

DISSENTING VIEWS

[TO ACCOMPANY H

4664]

ULY

17, 2023.—Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed

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FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2024

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GOVERNMENT PUBLISHING OFFICE

WASHINGTON

52–870

HOUSE OF REPRESENTATIVES

" !

118

ONGRESS

1st Session

EPORT

2023

118–145

FINANCIAL SERVICES AND GENERAL

GOVERNMENT APPROPRIATIONS BILL, 2024

R E P O R T

OF THE

COMMITTEE ON APPROPRIATIONS

HOUSE OF REPRESENTATIVES

together with

DISSENTING VIEWS

[TO ACCOMPANY H

4664]

ULY

17, 2023.—Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed

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E:\Seals\Congress.#13

dmwilson on DSKJM0X7X2PROD with REPORT

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118

ONGRESS

EPORT

" !

HOUSE OF REPRESENTATIVES

1st Session 118–145

FINANCIAL SERVICES AND GENERAL GOVERNMENT

APPROPRIATIONS BILL, 2024

ULY

17, 2023.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. W

OMACK

, from the Committee on Appropriations,

submitted the following

R E P O R T

together with

DISSENTING VIEWS

[To accompany H.R. 4664]

The Committee on Appropriations submits the following report in

explanation of the accompanying bill making appropriations for Fi-

nancial Services and General Government for the fiscal year ending

September 30, 2024.

INDEX TO BILL AND REPORT

Page Number

Bill Report

Title I—Department of the Treasury ....................................................... 2 5

Title II—Executive Office of the President and Funds Appropriated to

the President ........................................................................................... 33 21

Title III—The Judiciary ............................................................................. 51 31

Title IV—District of Columbia .................................................................. 61 36

Title V—Independent Agencies ................................................................. 73 40

Administrative Conference of the United States .............................. 73 40

Consumer Financial Protection Bureau ............................................ 73 41

Consumer Product Safety Commission ............................................. 89 41

Election Assistance Commission ........................................................ 91 42

Federal Communications Commission .............................................. 91 43

Federal Deposit Insurance Corporation ............................................ 94 46

Federal Election Commission ............................................................. 94 46

Federal Labor Relations Authority .................................................... 94 47

Federal Permitting Improvement Steering Council ......................... 95 47

Federal Trade Commission ................................................................ 95 47

General Services Administration ....................................................... 98 50

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Page Number

Bill Report

Harry S Truman Scholarship Foundation ........................................ 110 61

Merit Systems Protection Board ........................................................ 111 61

Morris K. Udall and Stewart L. Udall Foundation .......................... 111 62

National Archives and Records Administration ............................... 113 63

National Credit Union Administration ............................................. 114 65

Office of Government Ethics .............................................................. 114 65

Office of Personnel Management ....................................................... 115 66

Office of Special Counsel .................................................................... 118 68

Privacy and Civil Liberties Oversight Board .................................... 119 69

Public Buildings Reform Board ......................................................... 119 69

Securities and Exchange Commission ............................................... 119 69

Selective Service System .................................................................... 125 72

Small Business Administration ......................................................... 125 72

United States Postal Service .............................................................. 132 77

United States Tax Court .................................................................... 133 80

Title VI—General Provisions—This Act ................................................... 135 81

Title VII—General Provisions—Government-wide: Departments,

Agencies, and Corporations ................................................................... 156 84

Title VIII—General Provisions, District of Columbia ............................. 202 88

Title IX—Additional General Provisions .................................................. 217 90

House of Representatives Report Requirements ..................................... ........ 90

NTRODUCTION

The fiscal year 2024 allocation is $11,311,000,000 in addition to

$14,013,000,000 in reallocated funds, for a discretionary spending

total of $25,324,000,000. This is $1,867,300,000 below the fiscal

year 2023 enacted level and $6,232,084,000 below the President’s

budget request for fiscal year 2024.

The Committee report refers to certain organizations, offices, and

institutions as follows: the Government Accountability Office as

GAO; the Office of Management and Budget as OMB; the Office of

Personnel Management as OPM; the Internal Revenue Service as

IRS; the General Services Administration as GSA; and full-time

equivalent as FTE. References to ‘‘the Committee’’ means the Com-

mittee on Appropriations of the House of Representatives, unless

otherwise noted. In addition, any reference to the ‘‘budget request’’

or ‘‘the request’’ should be interpreted to mean the Budget of the

U.S. Government, fiscal year 2024, that was submitted to Congress

on March 9, 2023.

IGHLIGHTS OF THE

ILL

The Financial Services and General Government bill has jurisdic-

tion over a broad and varied range of government functions and

services encompassing both the Executive and Judicial branches.

These appropriations support the Department of the Treasury, the

Executive Office of the President, Federal Payments to the District

of Columbia, and the Federal Judiciary. The bill also provides re-

sources for over a dozen independent agencies and commissions,

each of which serves the public with a distinct mission.

The fiscal year 2024 FSGG bill promotes fiscal responsibility by

reducing non-defense discretionary levels, rescinding unobligated

Inflation Reduction Act (IRA) funding, bringing oversight to the

Consumer Financial Protection Bureau and reducing spending in

unauthorized programs.

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VERSIGHT AND

ANAGEMENT

The Committee strongly believes in the need for careful oversight

of government expenditure of taxpayer dollars and is committed to

providing the necessary oversight to reduce waste, fraud, and inef-

ficiency in the operations and programs funded by the Financial

Services and General Government bill.

To this end, the Committee does not support the administration’s

request to fund climate change initiatives, staff diversity and inclu-

sion offices, train Federal employees on critical race theory, expand

agencies’ regulatory agendas, and buy a Federal fleet of electric ve-

hicles. The Committee strongly believes agencies under its jurisdic-

tion should maintain focus on assisting small businesses, providing

high levels of customer service, investing in rural and low-income

communities, countering illicit finance, cyber threats, and fentanyl

trafficking, and maintaining a strong judicial system.

Within 30 days of enactment of this Act, the Committee requires

Federal agencies to reinstate and apply their pre-pandemic

telework policies, practices, and levels in effect as of December 31,

2019, or they cannot obligate or expend funding for fiscal year

2024. The FSGG bill provides increases for agencies’ relocation,

building improvements, rental payments, and critical infrastruc-

ture, and therefore expects employees to return to the office to pro-

vide value to the American taypayer.

The Committee includes a provision requiring OMB to remind all

Federal agencies of the compliance obligations detailed in title VII

of this Act.

EPROGRAMMING AND

PERATING

LAN

ROCEDURES

Section 608 and Section 739 of this Act detail department and

agency responsibilities and procedures relating to reprogramming

of funds among programs, projects, and activities. Each department

and agency funded in this Act shall follow the directions set forth

in this Act and its accompanying report and shall not reallocate re-

sources or reorganize activities except as provided herein. The

Committee expects that agencies or entities that fulfill the require-

ments of Section 608 will also be in compliance with the require-

ments of Section 739.

Section 608 requires agencies and entities funded by this Act to

receive prior approval from the Committees on Appropriations of

the House of Representatives and the Senate for any reprogram-

ming of funds that (1) creates a new program; (2) eliminates a pro-

gram, project, or activity; (3) increases funds or personnel for any

program, project, or activity for which funds have been denied or

restricted by Congress; (4) proposes to use funds directed for a spe-

cific 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, which-

ever is less; or (7) creates or reorganizes offices, programs, or ac-

tivities. In addition, prior to any significant reorganization, restruc-

turing, relocation, or closing of offices, programs, or activities, each

agency or entity funded in this Act shall consult with the Commit-

tees on Appropriations.

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Not later than 60 days after the date of enactment of this Act,

each agency shall submit a report to establish the baseline for ap-

plication of reprogramming and transfer authorities for fiscal year

2024. The amount appropriated for agencies shall be reduced by

$100,000 per day for each day after the required date that the re-

port has not been submitted to the Committees.

Reprogramming procedures shall apply to funds provided in this

bill, unobligated balances from previous appropriations Acts that

are available for obligation or expenditure in fiscal year 2024, and

non-appropriated resources such as fee collections that are used to

meet program requirements in fiscal year 2024.

To assess a reprogramming request, the Committee requires the

following information, at minimum: a thorough justification for the

reprogramming, the impact of the reprogramming on budget re-

quirements for future fiscal years, and the impact of the re-

programming on carryover funding. These requirements also apply

to significant reorganizations or restructurings of programs,

projects, or activities, even if such a reorganization or restructuring

does not involve reprogramming of funding. The Committee also

expects prompt notification of any reprogramming that does not

meet the above criteria but might have significant impacts on

budgetary requirements for future fiscal years.

The Committee directs that, for purposes of this report and the

Act, the term ‘‘consult’’ means a pre-decisional engagement be-

tween a relevant Federal agency and the Committee during which

the Committee is provided a meaningful opportunity to provide

facts and opinions to inform: (1) the use of funds; (2) the develop-

ment, content, or conduct of a program or activity; or (3) a decision

to be taken.

Except in emergency situations, reprogramming requests should

be submitted no later than June 30, 2024. Moreover, the Com-

mittee notes that when an agency or entity submits a reprogram-

ming or transfer request to the Committees on Appropriations and

does not receive identical responses from the House and Senate, it

is the responsibility of the Department or agency to reconcile the

House and Senate differences before proceeding and, if reconcili-

ation is not possible, to consider the request to reprogram funds

unapproved.

THER

ATTERS AND

IRECTIVES

Reports.—The Committee stresses that all reports are required to

be completed in compliance with the timeframe outlined for each

respective directive. Furthermore, the Committee expects that the

specifications and conditions associated with funding appropriated

by this Act shall be accomplished in the manner as directed in the

report.

Budget Justifications.—Budget justifications are the primary tool

used by the Committees on Appropriations to evaluate the resource

requirements and fiscal needs of agencies. The Committee is aware

that the format and presentation of budget materials is largely left

to the agency within presentation objectives set forth by OMB. In

fact, OMB Circular A–11, part 1 specifically instructs agencies to

consult with Congressional committees beforehand. The Committee

expects that all agencies funded under this Act will heed this direc-

tive.

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The Committee continues the direction that justifications sub-

mitted with the fiscal year 2025 budget request by agencies funded

under this Act contain the customary level of detailed data and ex-

planatory statements to support the appropriations requests at the

level of detail contained in the funding table included at the end

of this report. Among other items, agencies shall provide a detailed

discussion of proposed new initiatives, proposed changes in the

agency’s financial plan from prior year enactment, detailed data on

all programs, and comprehensive information on any office or agen-

cy restructurings. At a minimum, each agency must also provide

adequate justification for funding and staffing changes for each in-

dividual office and materials that compare programs, projects, and

activities that are proposed for fiscal year 2025 to the fiscal year

2024 enacted levels.

American Flag Purchases.—The Committee once again urges all

Federal agencies to only purchase flags that contain 100 percent

American-made materials even though the All American Flag Act

requires the Federal Government to purchase flags made of only 50

percent American-made materials.

TITLE I—DEPARTMENT OF THE TREASURY

EPARTMENTAL

FFICES

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $273,882,000

Budget request, fiscal year 2024 ....................................................... 332,199,000

Recommended in the bill ................................................................... 248,109,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥25,773,000

Budget request, fiscal year 2024 ................................................ ¥84,090,000

The Departmental Offices support the Secretary of the Treasury

as the chief operating executive of the Department and in their role

in determining the tax, economic, and financial management poli-

cies of the Federal Government. The Secretary’s responsibilities

funded by the Salaries and Expenses appropriation include: recom-

mending and implementing domestic and international economic

and tax policy; providing recommendations regarding fiscal policy;

governing the fiscal operations of the government; managing the

public debt; managing development of financial policy; representing

the U.S. on international monetary, trade, and investment issues;

overseeing Treasury Department international operations; directing

the administrative operations of the Treasury Department; and

providing executive oversight of the bureaus within the Treasury

Department.

COMMITTEE RECOMMENDATION

The Committee recommends $248,109,000 for Departmental Of-

fices, Salaries and Expenses.

Treasury Forfeiture Fund.—The Department is directed to con-

tinue to submit a detailed table each month reporting the interest

earned, forfeiture revenue collected, unobligated balances, recov-

eries, expenses to date, and expenses estimated for the remainder

of the fiscal year.

Financial Literacy for Students.—The Committee is encouraged

by the Department’s work to help promote financial literacy, par-

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ticularly among the school-age population. As of January 2023, 33

states have a high-school personal finance requirement. The Com-

mittee strongly encourages the Department to partner with entities

offering financial literacy programs, where appropriate, to broaden

the scope of the Financial Literacy Education Commission to reach

more students to encourage economic inclusion and lasting finan-

cial resilience.

Cybersecurity in the Financial Services Sector.—The Committee

encourages the Office of Cybersecurity and Critical Infrastructure

Protection (OCCIP) to improve resilience to cyberattacks by ex-

panding risk assessment and mitigation capabilities as a part of its

role as a Sector Risk Management Agency. OCCIP is further en-

couraged to engage in efforts to map third-party dependencies in

the financial sector, provide analysis of domestic and international

cybersecurity threats and vulnerabilities, and support bilateral and

multilateral engagement on financial sector cybersecurity in strate-

gically important regions, including Eastern Europe and East Asia.

Outbound Investment.—In fiscal year 2023, the Department es-

tablished a program to address national security concerns arising

from outbound investments from the United States into advanced

technologies that are critical to U.S. national security. The Depart-

ment realigned $7,000,000 from the Committee on Foreign Invest-

ment in the United States to implement and administer the pro-

gram. The Committee looks forward to an update on its progress

and the timing of final policy determinations, including an oppor-

tunity for public comment.

Relation of Government Sponsored Enterprise Charters and Sen-

ior Preferred Stock Purchase Agreements.—The Committee is aware

of concerns regarding the Federal National Mortgage Association

and Federal Home Loan Mortgage Corporation’s efforts to develop

new activities and operations beyond the authorities vested in their

charter, including a pilot program to serve as a title insurer by self-

insuring title-related risks. The Committee believes that the terms

of the Senior Preferred Stock Purchase Agreements that provide

ongoing capital support for the government sponsored enterprises

should be construed to restrict the activities of the Government

Sponsored Entities to their core mission under the Charter Acts

and that deviation from these missions such as by serving as a title

insurer could carry unreasonable risks for home buyers and to the

Department of Treasury’s rights under the Senior Preferred Stock

Purchase Agreements. Therefore, the Committee directs the De-

partment within 120 days to provide a report to the Committee

outlining any pilots, initiatives or other proposals shared with

mortgage originators by the Government Sponsored Enterprises

from fiscal year 2022 to present. Further, the Committee encour-

ages the Department to address the issue of the Government Spon-

sored Entities undertaking actions that expand activities beyond

the core secondary market activities outlined in the Charter Acts.

COVID–19 Expenditure Report.—The Committee remains con-

cerned regarding the expenditure of COVID–19 relief money appro-

priated and directs the Department within 60 days of enactment of

this Act to provide a COVID–19 expenditure report to the Com-

mittee.

U.S. Dollar Dominance.—The Committee is concerned by recent

data showing the decline in global reserves of the United States

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dollar. The Department is directed to brief the Committee within

60 days of enactment of this Act on the steps the Department is

taking to ensure the dominance of the U.S. dollar as the world re-

serve currency in the future.

COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $21,000,000

Budget request, fiscal year 2024 ....................................................... 21,000,000

Recommended in the bill ................................................................... 21,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ – – –

The Committee on Foreign Investment in the United States

(CFIUS) was established in 1975 to monitor the impact of foreign

investment in the United States and to coordinate and implement

Federal policy on such investment. The Foreign Investment Risk

Review Modernization Act of 2018 (FIRRMA) expanded the juris-

diction of CFIUS to address growing national security concerns

over foreign exploitation of certain national security structures that

traditionally have fallen outside of the Committee’s jurisdiction,

and modernized CFIUS processes to better enable timely and effec-

tive reviews of covered transactions. FIRRMA also established the

CFIUS Fund to support these expanded functions and responsibil-

ities, and to collect filing fees.

COMMITTEE RECOMMENDATION

The Committee recommends $21,000,000 for the CFIUS Fund. In

addition, $25,570,000 is included under the Salaries and Expenses

appropriation for CFIUS activities.

Spending Plan.—The Department is directed to provide a de-

tailed accounting of planned expenditures of the Department and

member agencies prior to obligating or transferring amounts avail-

able in the CFIUS Fund. The Committee expects funding provided

to be used for CFIUS program activities in fiscal year 2024.

CFIUS Member Agencies.—Given the significant rise in CFIUS

case volume and the corresponding analysis required by CFIUS

Committee members, CFIUS is directed to submit to the Com-

mittee the number of non-career, political appointees responsible

for CFIUS work across the nine voting member agencies and a de-

tailed description of the transfer of funds to each member agency.

OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $216,059,000

Budget request, fiscal year 2024 ....................................................... 244,000,000

Recommended in the bill ................................................................... 206,842,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥9,217,000

Budget request, fiscal year 2024 ................................................ ¥37,158,000

Economic and trade sanctions issued and enforced by the Office

of Terrorism and Financial Intelligence’s (TFI) Office of Foreign As-

sets Control (OFAC) protect the financial system from being pol-

luted with criminal and illicit activities and counteract national se-

curity threats from drug lords, terrorists, human rights abusers,

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weapons of mass destruction proliferators, and rogue nations,

among others. In addition to the enforcement of sanctions, TFI also

produces vital analysis of foreign intelligence and counterintel-

ligence across all elements of the national security community.

COMMITTEE RECOMMENDATION

The Committee recommends $206,842,000 for TFI.

Terrorist Destruction of Energy Facilities in Central America.—

The Committee is concerned that widespread theft of electricity

and illegal connections to the grid, particularly in Guatemala, di-

rectly undermine the function and cause significant interruption of

the electric grid in communities from which many Central Amer-

ican migrants originate. While the Biden Administration’s Strategy

for Addressing the Root Causes of Migration in Central America

pledges to support distributed generation, increased electricity reli-

ability, and grid sustainability, the Administration has done noth-

ing to address this illegal activity that also degrades citizen secu-

rity and drives migration. Financial sanctions are a key tool for as-

serting U.S. policy by depriving criminals of access to the inter-

national financial system to move their illicit proceeds. The Com-

mittee directs OFAC to investigate and submit a preliminary re-

port, not later than 90 days after enactment of this Act, on individ-

uals and entities involved in or providing material support to those

causing a significant interruption or impairment of a function of an

energy facility involved in the transmission or distribution of elec-

tricity in Guatemala. A final report shall be submitted not less

than 180 days after enactment of this Act.

Strengthening Sanctions Enforcement.—The Secretary of the

Treasury shall consult with the House and Senate Committees on

Appropriations regarding ways to increase sanctions enforcement

through the OFAC, including assessment of incentives that might

encourage greater penalty collection, and what methods are likely

to raise revenue for the Department.

Russian Sanctions.—The Committee is concerned that high-rank-

ing Russian officials and oligarchs are evading sanctions by trans-

ferring assets to family members, thereby weakening the sanctions

regime on those responsible for Russia’s continued aggression in

Ukraine and human rights abuses. The Committee urges OFAC to

review the transfer of Russian assets and apply sanctions to per-

sonal relatives where appropriate. Such sanctions should be tied to

gross human rights abuses such as illegal detainment of prisoners

of war and other freedom-fighters.

Report on Illicit Finance in the Northern Triangle.—The Com-

mittee is alarmed by reports of significant financial crimes in the

Northern Triangle that are impacting U.S. national security, and

directs the Department, including TFI to prioritize combatting il-

licit finance in the region. The Department shall carry out a study

on the extent and effect of illicit finance risk relating to the Gov-

ernments of the Northern Triangle and Northern Triangle firms,

including financial institutions; an assessment of the illicit finance

risks emanating from the region; those risks allowed, directly or in-

directly, by the governments, including those enabled by weak reg-

ulatory or administrative controls of the government, and the ways

in which increasing trade and investment exposes the international

financial system to increased risk relating to illicit finance. The re-

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port shall also include a strategy to counter illicit finance in the re-

gion. Not later than one year after enactment of this Act, the re-

port will be shared with the Committee in unclassified form, and

may include a classified annex.

Sanctions Enforcement in Africa.—The Committee is concerned

that corruption continues to be an impediment to social, economic,

and political development in nations such as Sudan, South Sudan,

the Central African Republic, and the Democratic Republic of

Congo. The Committee supports the use of funds to enhance re-

gional expertise and capacity to promote the effectiveness of sanc-

tions regimes and international arms embargoes designed to curtail

the flow of funding that is fueling wars and contributing to regional

destabilization.

CYBERSECURITY ENHANCEMENT ACCOUNT

Appropriation, fiscal year 2023 ......................................................... $100,000,000

Budget request, fiscal year 2024 ....................................................... 215,000,000

Recommended in the bill ................................................................... 150,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +50,000,000

Budget request, fiscal year 2024 ................................................ ¥65,000,000

The Cybersecurity Enhancement Account (CEA) is a dedicated

account designed to identify and support Department-wide invest-

ments for critical IT improvements, including the systems identi-

fied as High Value Assets.

COMMITTEE RECOMMENDATION

The Committee recommends $150,000,000 for the CEA. The rec-

ommendation includes an increase for Zero Trust Architecture im-

plementation and cloud enterprise cybersecurity enhancements.

Quarterly Reports.—Within 60 days of enactment of this Act, the

Department is directed to submit a plan for the obligation of funds

by quarter for each CEA investment. The plan shall include prior

year unobligated balances and delineate planned obligations by

source year of appropriation. The plan shall also include antici-

pated unobligated balances at the close of the fiscal year and the

planned obligation of carryover in future years, by quarter, until all

funds are obligated. The Department is directed to submit quar-

terly updates on this plan.

DEPARTMENT

WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $11,118,000

Budget request, fiscal year 2024 ....................................................... 30,881,000

Recommended in the bill ................................................................... 14,600,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +3,482,000

Budget request, fiscal year 2024 ................................................ ¥16,281,000

The Department-wide Systems and Capital Investments Pro-

grams account funds capital investments that support the missions

of all Treasury bureaus and programs.

COMMITTEE RECOMMENDATION

The Committee recommends $14,600,000 for Department-wide

Systems and Capital Investments Programs. The recommendation

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includes an increase for anticipated office moves and critical ren-

ovations and maintenance of the outer shell of the Main Treasury

and Freedman’s Bank Building facilities.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $48,878,000

Budget request, fiscal year 2024 ....................................................... 49,180,000

Recommended in the bill ................................................................... 43,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥5,878,000

Budget request, fiscal year 2024 ................................................ ¥6,180,000

The Office of Inspector General (OIG) provides agency-wide audit

and investigative functions to identify and correct operational and

administrative deficiencies that create conditions for fraud, waste,

and mismanagement. The audit function provides contract, pro-

gram, and financial statement audit services. Contract audits pro-

vide professional advice to agency contracting officials on account-

ing and financial matters relative to negotiation, award, adminis-

tration, repricing, and settlement of contracts. Program audits re-

view and evaluate all facets of agency operations. Financial state-

ment audits assess whether financial statements fairly present the

agency’s financial condition and results of operations, the adequacy

of accounting controls, and compliance with laws and regulations.

The investigative function provides for the detection and investiga-

tion of improper and illegal activities involving programs, per-

sonnel, and operations.

COMMITTEE RECOMMENDATION

The Committee recommends $43,000,000 for the OIG to conduct

audits of the Department’s highest risk programs and continue its

investigative work to prevent, detect, and investigate complaints of

fraud, waste, and abuse impacting Treasury programs and oper-

ations.

The Committee remains concerned about cyber-based threats and

unauthorized access to Treasury networks and systems. The Com-

mittee encourages the Inspector General to conduct oversight of

high-risk areas within the Department and provide recommenda-

tions on whether sufficient protections exist within the Depart-

ment.

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $174,250,000

Budget request, fiscal year 2024 ....................................................... 187,368,000

Recommended in the bill ................................................................... 170,250,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥4,000,000

Budget request, fiscal year 2024 ................................................ ¥17,118,000

The Office of Treasury Inspector General for Tax Administration

(TIGTA) conducts audits, investigations, and evaluations to assess

the operations and programs of the Internal Revenue Service (IRS)

and its related entities, the IRS Oversight Board, and the Office of

Chief Counsel. The purpose of those audits and investigations is as

follows: (1) to promote the economic, efficient, and effective admin-

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istration of the Nation’s tax laws and to detect and deter fraud and

abuse in IRS programs and operations; and (2) to recommend ac-

tions to resolve fraud and other serious problems, abuses, and defi-

ciencies in these programs and operations.

COMMITTEE RECOMMENDATION

The Committee recommends $170,250,000 for TIGTA.

The Committee appreciates TIGTA’s work in assessing IRS’ in-

formation technology. The Committee encourages TIGTA to ensure

that the IRS takes further steps to improve its information tech-

nology program.

Countering ERTC Fraud.—The Committee remains concerned

over frequent fraudulent claims to the Employee Retention Tax

Credit (ERTC) offered by the IRS. The Committee directs TIGTA

to submit a report within 160 days after enactment detailing the

level of erroneous credits provided to applicants, the level of those

funds recovered, and measures taken by the IRS to identify and

deny ineligible ERTC applications.

INANCIAL

RIMES

NFORCEMENT

ETWORK

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $190,193,000

Budget request, fiscal year 2024 ....................................................... 228,908,000

Recommended in the bill ................................................................... 166,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥24,193,000

Budget request, fiscal year 2024 ................................................ ¥62,908,000

The mission of the Financial Crimes Enforcement Network

(FinCEN) is to safeguard the financial system from illicit use; com-

bat money laundering; and promote national security through the

collection, analysis, and dissemination of financial intelligence and

strategic use of financial authorities. FinCEN supports Federal,

State, local, and international law enforcement agency investiga-

tions of money laundering and other financial crimes, and fosters

interagency and global cooperation against domestic and inter-

national financial crimes.

COMMITTEE RECOMMENDATION

The Committee recommends $166,000,000 for FinCEN.

Countering the Financing of Online Child Sexual Exploitation

(CSE).—The Committee is concerned with increased online child

sexual exploitation being monetized through the U.S. financial sec-

tor. The Committee recommends $5,000,000 to improve FinCEN’s

ability for oversight and Title 31 investigations involving child sex-

ual exploitation and child sexual abuse material. The Committee

encourages FinCEN to ensure the U.S. financial sector is ade-

quately complying with existing regulatory requirements mandated

through the ‘‘Anti-Money Laundering Requirement’’ of the USA

PATRIOT Act: 31 United States Code (U.S.C.) § 5318(h)(1), 31 Code

of Federal Regulatins (CFR) § 1028.210, and 31 CFR § 1020.210 to

prevent the facilitation of online child exploitation and sex traf-

ficking through the U.S. financial sector. Such efforts are con-

sistent with FinCEN’s anti-money laundering priorities published

in June 2021, which listed combatting human trafficking and

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human smuggling as a top priority, including combatting crimes

against children.

Business Email Compromise.—Email compromise fraud schemes

generally entail criminal attempts to compromise the email ac-

counts of victims to send fraudulent payment instructions to finan-

cial institutions or business associates in order to misappropriate

funds or to assist in financial fraud. The Committee appreciates

the report by FinCEN on business email compromise in the real es-

tate sector and encourages FinCEN to continue its work on busi-

ness email compromise detection, mitigation, prevention and re-

porting.

Asia-Pacific Region.—The Committee recognizes the importance

of FinCEN’s support to law enforcement cases in Hawaii and the

U.S. Pacific territories as part of the Bureau’s broader mission to

combat money laundering and promote national security. FinCEN

is expected to keep the Committee apprised on current trends and

methods of money laundering in the Asia-Pacific Region and ongo-

ing efforts to counter this activity.

UREAU OF THE

ISCAL

ERVICE

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $372,485,000

Budget request, fiscal year 2024 ....................................................... 399,263,000

Recommended in the bill ................................................................... 368,155,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥4,330,000

Budget request, fiscal year 2024 ................................................ ¥31,108,000

The mission of the Bureau of the Fiscal Service (Fiscal Service)

is to promote the financial integrity and operational efficiency of

the U.S. Government through accounting, borrowing, collections,

payments, and shared services. The Fiscal Service is the Federal

Government’s central financial agent. The Fiscal Service also devel-

ops and implements reliable and efficient financial methods and

systems to operate the government’s cash management, credit

management, and debt collection programs in order to maintain

government accounts and report on the status of the government’s

finances. In addition, the Fiscal Service is the primary agency for

collecting Federal non-tax debt owed to the government and is re-

sponsible for all public debt operations and the promotion of the

sale of U.S. securities.

COMMITTEE RECOMMENDATION

The Committee recommends $368,155,000 for the Fiscal Service.

Cybersecurity in the Fiscal Service.—The Committee notes with

interest the enhanced cybersecurity needs of the Fiscal Service and

encourages the Department to account for the heightened risk and

need to protect the Bureau’s work as it relates to the Department’s

core mission. Strengthening the cybersecurity capabilities of the

Fiscal Service is essential to our national security interests as well

as to safeguarding our ability to execute fiscal obligations, such as

servicing the national debt.

Transparency in Federal Spending.—Transparency and account-

ability are critical to a democratic and fiscally responsible govern-

ment, and USASpending.gov is the primary portal through which

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the public can review and understand Federal spending. The Com-

mittee is pleased by ongoing improvements to the website and ex-

pects the Fiscal Service to continue to work with OMB and other

Federal agencies that receive appropriations to improve the accessi-

bility, searchability, and reliability of spending information on

USASpending.gov. The Committee further directs the Fiscal Serv-

ice to coordinate with OMB to publish all unclassified vendor con-

tracts and grant awards agreements for all Federal agencies, as

well as the relevant Notice of Funding Opportunity (NOFO) and

the office and employees responsible for issuing the NOFO for each

grant, online at USAspending.gov. The Committee also directs the

Fiscal Service to coordinate with OMB to require all financial and

award spending information be reported reporting on at least a

monthly basis, rather than a quarterly basis. The Committee ex-

pects the Fiscal Service to keep the Committee and the Committee

on Oversight and Accountability apprised of its progress in improv-

ing data quality and accessibility of transparency regarding Fed-

eral spending.

Matured Unredeemed Debt.—Fiscal Service is directed to brief

the Committee within 90 days of enactment of this Act on its

progress regarding the digitization of mature unredeemed debt.

LCOHOL AND

OBACCO

AX AND

RADE

UREAU

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $148,863,000

Budget request, fiscal year 2024 ....................................................... 155,604,000

Recommended in the bill ................................................................... 135,038,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥13,825,000

Budget request, fiscal year 2024 ................................................ ¥20,566,000

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is respon-

sible for the enforcement of laws designed to eliminate certain il-

licit activities and the regulation of lawful activities relating to dis-

tilled spirits, beer, wine, and nonbeverage alcohol products, and to-

bacco. TTB focuses on collecting revenue, reducing taxpayer bur-

den, improving service while preventing diversion, and protecting

the public and preventing consumer deception in certain regulated

commodities.

COMMITTEE RECOMMENDATION

The Committee recommends $135,038,000 for the TTB.

Trade Practice Enforcement and Education.—The American bev-

erage alcohol system continues to experience unprecedented growth

across the United States. The entry of new products and businesses

into the three-tier beverage alcohol system requires a robust TTB

with the capacity to enforce the provisions of the Federal Alcohol

Administration Act that keep the marketplace safe, fair, and com-

petitive. The recommendation includes $5,000,000 for TTB to con-

tinue its education and enforcement efforts for industry trade prac-

tice violations. The Committee urges the TTB to increase its out-

reach to educate and inform the industry on trade practice laws

and regulations.

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NITED

TATES

INT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

The United States Mint (the Mint) manufactures coins, receives

deposits of gold and silver bullion, and safeguards the Federal Gov-

ernment’s holdings of monetary metals. In 1997, Congress estab-

lished the United States Mint Public Enterprise Fund (Public Law

104–52), which authorized the Mint to use proceeds from the sale

of coins to finance the costs of its operations and consolidated all

existing Mint accounts into a single fund.

COMMITTEE RECOMMENDATION

The Committee recommends a spending level for capital invest-

ments by the Mint for circulating coinage and protective services

of $50,000,000 for fiscal year 2024.

Mutilated Coin Redemption.—The Committee is concerned that

the United States Mint’s proposed regulations governing redemp-

tion of mutilated coins would unfairly restrict participation in the

program by private entities and local governments that recover

coins during recycling or solid waste management activities. In the

course of performing these societally valued services, companies

and local governments may recover large amounts of bent, partial,

defaced, or otherwise mutilated coins. Making diligent efforts to re-

cover coins rather than destroying or disposing of them should be

encouraged, since it is illegal to destroy or damage U.S. currency,

including disposal. Without the Mint’s redemption program, enti-

ties that are recovering U.S. coinage are left with no reasonable

way to manage recovered coins. The Committee expects that the

United States Mint will work with these and other parties who

present valid coinage in compliance with the existing regulations.

Coin Metal Modification.—In a GAO report from 2019, entitled

‘‘Financial Benefit of Switching to a $1 Coin Is Unlikely,’’ but

Changing Coin Metal Content Could Result in Cost Savings, GAO

recommended that Congress consider amending the law to provide

the Secretary of the Treasury with the authority to alter the metal

composition of circulating coins. The Committee supports changes

to the metal content of coins if it reduces costs incurred by the U.S.

taxpayers, allows coins to work interchangeably in most coin accep-

tors, and has a minimal adverse impact on the public and stake-

holders.

OMMUNITY

EVELOPMENT

INANCIAL

NSTITUTIONS

UND

ROGRAM

CCOUNT

Appropriation, fiscal year 2023 ......................................................... $324,000,000

Budget request, fiscal year 2024 ....................................................... 341,478,000

Recommended in the bill ................................................................... 278,617,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥45,383,000

Budget request, fiscal year 2024 ................................................ ¥62,861,000

The Community Development Financial Institutions (CDFI)

Fund provides grants, loans, equity investments, and technical as-

sistance, on a competitive basis, to new and existing CDFIs such

as community development banks, community development credit

unions, and housing and microenterprise loan funds. Recipients use

the funds to support mortgages, small business, and economic de-

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velopment lending in underserved and distressed neighborhoods

and the availability of financial services in these neighborhoods.

The CDFI Fund is also responsible for implementation of the New

Markets Tax Credits.

COMMITTEE RECOMMENDATION

The Committee recommends $278,617,000 for the CDFI Fund

program. Of the amounts recommended, $170,000,000 is for finan-

cial and technical assistance grants, $30,000,000 is for Native Ini-

tiatives, $35,000,000 is for the Bank Enterprise Award Program,

$5,000,000 is for the Healthy Food Financing Initiative, $5,000,000

is for the Small Dollar Loan Program, and $33,617,000 is for ad-

ministrative expenses. In addition, the Committee recommends a

loan limit of $500,000,000 for the Bond Guarantee Program.

The Committee notes that the CDFI Fund program received

$1.25 billion through the CDFI Rapid Response Program; $1.75 bil-

lion through the Equitable Recovery Program; and $2.1 billion in

liquidity from the Paycheck Protection Program Liquidity Facility.

Further, the Committee notes the CDFI Fund has yet to award

grants from the fiscal year 2023 appropriation and expects the

CDFI Fund to provide data supporting increased community and

economic development in low- and moderate-income areas until ad-

ditional awards are made.

Updated CDFI Application.—The Committee is concerned about

proposed changes to the CDFI certification application that would

result in many rural banks losing their CDFI status through strict-

er rules on interest rates, underwriting standards, risk manage-

ment tools, disclosure requirements, and target markets. The Com-

mittee directs the CDFI Fund within 60 days of enactment to pro-

vide a briefing on the steps taken to consider public comments on

the revised application and the timeline for finalizing application

revisions.

NTERNAL

EVENUE

ERVICE

The Committee bill recommends $11,237,612,000 for the IRS,

which is a decrease of $1,081,442,000 below the fiscal year 2023 en-

acted level, to administer the nation’s tax systems.

User Fees.—The Committee directs the IRS to submit a user fee

spending plan within 60 days of enactment of this Act detailing

planned spending on its four appropriations accounts. Specifically,

the Committee would like to see how programs, investments, and

initiatives funded through each appropriations account are sup-

ported by user fees.

Obligations and Employment.—Within 45 days of the end of each

quarter for calendar year 2024, the IRS is directed to submit to the

Committee an obligation and personnel report. The report shall in-

clude information about the obligations made during the previous

quarter by appropriation, object class, office, and activity; the esti-

mated obligations for the remainder of the fiscal year by appropria-

tion, object class, office, and activity; the number of FTE within

each office during the previous quarter; and the estimated number

of FTE within each office for the remainder of the fiscal year.

Cloud Adoption.—The Committee directs the IRS to report on its

cloud adoption in support of information technology (IT) moderniza-

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tion, and ways in which it is deploying cloud across its enterprise

to enhance cybersecurity. Within 180 days of enactment of this Act,

the IRS is directed to report to the Committee on existing and new

obligations for commercial cloud computing services in compliance

with the Cyber Executive Order and the 2023 Treasury Report on

Cloud Use in Financial Services.

A description of the Committee’s recommendation by appropria-

tion is provided below.

TAXPAYER SERVICES

Appropriation, fiscal year 2023 ......................................................... $2,780,606,000

Budget request, fiscal year 2024 ....................................................... 3,422,449,000

Recommended in the bill ................................................................... 2,780,606,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ ¥641,843,000

The Taxpayer Services appropriation provides for taxpayer serv-

ices, including forms and publications; processing of tax returns

and related documents; filing and account services; taxpayer advo-

cacy services; and assistance to taxpayers to understand their tax

obligations, correctly file their returns, and pay taxes due in a

timely manner.

COMMITTEE RECOMMENDATION

The Committee recommends $2,780,606,000 for Taxpayer Serv-

ices.

Backlog of Returns.—The Committee is aware at the end of 2022,

the IRS had 10 million unprocessed tax returns and 15.1 million

returns requiring manual processing. Additionally, in 2022, 173

million phone calls were placed to the IRS and only 13 percent

were actually answered by a customer service representative. The

Committee is concerned the IRS has not addressed its backlog and

directs the IRS to compile a report by the end of fiscal year 2023

on progress made over the past five years to reduce backlogs, mod-

ernize systems (including but not limited to: hardware, software, or

software upgrades), and reduce wait times for customer service

support. Additionally, the Committee requests the IRS to present

a five-year plan to reduce backlogs, modernize systems (including

but not limited to: hardware, software, or software upgrades), and

reduce wait times for customer service support.

2024 Filing Season.—According to the IRS, it dramatically in-

creased service in Filing Season 2023 as a result of Inflation Re-

duction Act resources, marking a dramatic improvement over the

2022 filing season due to a lack of resources. The Committee

strongly disagrees with the IRS’s assessment. The Committee notes

$2.78 billion was provided in fiscal year 2023 for Taxpayer Services

and the IRS obligated approximately $838,000, or less than one

percent, from the IRA for Taxpayer Services. Given the IRS’s plans

to obligate $1 million in fiscal year 2024, the Committee directs the

IRS to clearly detail how discretionary versus mandatory IRA

funds are being used to support the level of service in the 2024 Fil-

ing Season.

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ENFORCEMENT

Appropriation, fiscal year 2023 ......................................................... $5,437,622,000

Budget request, fiscal year 2024 ....................................................... 5,904,441,000

Recommended in the bill ................................................................... 4,206,180,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥1,231,442,000

Budget request, fiscal year 2024 ................................................ ¥1,698,261,000

The Enforcement appropriation provides for the examination of

tax returns, both domestic and international; the administrative

and judicial settlement of taxpayer appeals of examination find-

ings; technical rulings; monitoring of employee pension plans; de-

terminations of qualifications of organizations seeking tax-exempt

status; examinations of tax returns of exempt organizations; en-

forcement of statutes relating to detection and investigation of

criminal violations of the internal revenue laws; identification of

underreporting of tax obligations; securing of unfiled tax returns;

and collecting of unpaid accounts.

COMMITTEE RECOMMENDATION

The Committee recommends $4,206,180,000 for Enforcement.

The Committee recommends not less than $60,257,000 to support

IRS activities for the Interagency Crime and Drug Enforcement

program.

OPERATIONS SUPPORT

Appropriation, fiscal year 2023 ......................................................... $4,100,826,000

Budget request, fiscal year 2024 ....................................................... 4,520,076,000

Recommended in the bill ................................................................... 4,100,826,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ ¥419,250,000

The Operations Support appropriation provides for overall plan-

ning and direction of the IRS, including shared service support re-

lated to facilities services, rent payments, printing, postage, and se-

curity. Specific activities include headquarters management activi-

ties such as strategic planning, communications and liaison, fi-

nance, human resources, Equal Employment Opportunity and di-

versity, research, information technology, and telecommunications.

COMMITTEE RECOMMENDATION

The Committee recommends $4,100,826,000 for Operations Sup-

port.

Information Technology Reports.—Within 30 days of the end of

each quarter for calendar year 2024, the IRS is required to submit

a report on major information technology project activities to the

Committee and to GAO. The Committee expects the reports to in-

clude detailed, plain English explanations of the cumulative ex-

penditures and schedule performance to date, specified by fiscal

year; the costs and schedules for the previous three months; the

anticipated costs and schedules for the upcoming three months;

and the total expected costs to complete IRS’s top five major infor-

mation technology project activities. In addition, the quarterly re-

port should include the date the project was started; the expected

date of completion; the percentage of work completed as compared

to planned work; the current and expected state of functionality;

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any changes in schedule; and current risks unrelated to funding

amounts and mitigation strategies. The Committee directs the De-

partment of the Treasury to conduct a semi-annual review of IRS’s

IT investments to ensure the cost, schedule, and scope of the

projects’ goals are transparent.

In addition, the Committee directs GAO to review and provide an

annual report to the Committee evaluating the cost and schedule

of activities for all major IRS information technology projects for

the year, with a particular focus on the projects included in IRS’s

quarterly reports.

Outcome Based Contracting.—The Committee is aware the IRS

has employed firm-fixed price managed services and outcome based

contracting methods for IT software implementation and manage-

ment that emphasize speed of adoption and rapid modernization.

Outcome based managed service contracts establish clear govern-

ance to reduce mission creep and scope changes. The Committee

believes this contracting approach provides the IRS with lower con-

tract lifecycle costs and better results. Therefore, the Committee

encourages the IRS to implement current and future IT software

management and software implementation requirements through

this outcome based contracting approach.

BUSINESS SYSTEMS MODERNIZATION

Appropriation, fiscal year 2023 ......................................................... – – –

Budget request, fiscal year 2024 ....................................................... 289,619,000

Recommended in the bill ................................................................... 150,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +150,000,000

Budget request, fiscal year 2024 ................................................ ¥139,619,000

The Business Systems Modernization (BSM) appropriation pro-

vides funding to modernize key business systems of the IRS.

COMMITTEE RECOMMENDATION

The Committee recommends $150,000,000 for BSM. The Com-

mittee continues to support the IRS in its efforts to modernize its

business systems, such as CADE 2, the Enterprise Case Manage-

ment System, and the Return Review Program.

Quarterly Reports.—The IRS is directed to continue to submit

quarterly reports to the Committees and GAO, no later than 30

days following the end of each calendar quarter, on the status of

BSM-funded items in this bill. In addition, GAO is directed to con-

duct an annual review of BSM-funded initiatives.

The Committee expects the reports to include detailed, plain

English summaries on the status of plans, costs, and results for the

IRS Integrated Modernization Business Plan (Plan) including

CADE 2, the Individual Master File, the Enterprise Case Manage-

ment System, and the Return Review Program. The reports should

include prior quarter results and expenditures, upcoming quarter

deliverables and costs, risks and mitigation strategies associated

with ongoing work, reasons for any cost and schedule variances,

total expenditures to date by fiscal year, and estimated costs for

completing each IT investment or phase of the Plan.

Small Business Earned Tax Credit Processing.—The Committee

is concerned that the backlog of 941–X filings continues to grow at

an exponential rate. The Committee notes that the delayed proc-

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essing of payroll tax credits, particularly the employee retention

tax credit (ERTC), is creating significant hardship for thousands of

small businesses and their employees across the country. The Com-

mittee further notes that businesses are having to pay ERTC tax

liabilities prior to receiving ERTC funds, which exacerbates liquid-

ity hardships. The Committee strongly urges the IRS to modernize

their processing systems and move away from paper-based 941–X

forms toward an electronic filing system. The IRS is directed to

brief the Committee on its approach to ERTC processing and strat-

egies to reduce the backlog within 90 days after enactment of this

Act.

DMINISTRATIVE

ROVISIONS

—I

NTERNAL

EVENUE

ERVICE

Section 101. The Committee continues a provision that requires

the IRS to maintain a training program to include taxpayer rights,

dealing courteously with taxpayers, cross-cultural relations, and

the impartial application of tax law.

Section 102. The Committee continues a provision that requires

the IRS to institute and enforce policies and procedures that will

safeguard the confidentiality of taxpayer information and protect

taxpayers against identity theft.

Section 103. The Committee continues a provision that makes

funds available for improved facilities and increased staffing to pro-

vide efficient and effective 1–800 number help line service for tax-

payers.

Section 104. The Committee continues a provision that requires

the IRS to notify employers of any address change request and to

give special consideration to offers-in-compromise for taxpayers

who have been victims of payroll tax preparer fraud.

Section 105. The Committee continues a provision that prohibits

the IRS from targeting U.S. citizens for exercising their First

Amendment rights.

Section 106. The Committee continues a provision that prohibits

the IRS from targeting groups based on their ideological beliefs.

Section 107. The Committee continues a provision that requires

the IRS to comply with procedures and policies on conference

spending as recommended by the Treasury Inspector General for

Tax Administration.

Section 108. The Committee continues a provision that prohibits

funds for giving bonuses to employees or hiring former employees

without considering conduct and compliance with Federal tax law.

Section 109. The Committee continues a provision that prohibits

funds to violate the confidentiality of tax returns.

Section 110. The Committee continues a provision that provides

direct hiring authorities for certain IRS positions.

Section 111. The Committee continues a provision that extends

current home to work transportation for the IRS Commissioner for

fiscal year 2024.

Section 112. The Committee includes a new provision prohibiting

the IRS from developing its own Free File software before seeking

Congressional approval.

Section 113. The Committee includes a new provision prohibiting

the IRS from purchasing firearms or ammunition above specified

levels.

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DMINISTRATIVE

ROVISIONS

—D

EPARTMENT OF THE

REASURY

(INCLUDING TRANSFERS OF FUNDS)

Section 114. The Committee continues a provision that author-

izes the Department to purchase uniforms, insurance for motor ve-

hicles that are overseas, and motor vehicles that are overseas with-

out regard to the general purchase price limitations; to enter into

contracts with the State Department for health and medical serv-

ices for Treasury employees who are overseas; and to hire experts

or consultants.

Section 115. The Committee continues a provision that author-

izes transfers, up to two percent, between ‘‘Departmental Offices—

Salaries and Expenses’’, ‘‘Office of Inspector General’’, ‘‘Financial

Crimes Enforcement Network’’, ‘‘Bureau of the Fiscal Service’’, and

‘‘Alcohol and Tobacco Tax and Trade Bureau’’ appropriations under

certain circumstances.

Section 116. The Committee continues a provision that author-

izes transfers, up to two percent, between the Internal Revenue

Service and the Treasury Inspector General for Tax Administration

under certain circumstances.

Section 117. The Committee continues a provision that prohibits

the Department of the Treasury from undertaking a redesign of the

one dollar Federal Reserve note.

Section 118. The Committee continues a provision that provides

for transfers from the Bureau of the Fiscal Service to the Debt Col-

lection Fund as necessary for the purposes of debt collection.

Section 119. The Committee continues a provision requiring Con-

gressional approval for the construction and operation of a museum

by the United States Mint.

Section 120. The Committee continues a provision that prohibits

funds in this or any other Act from being used to merge the United

States Mint and the Bureau of Engraving and Printing without the

approval of the House and the Senate committees of jurisdiction.

Section 121. The Committee continues a provision deeming that

funds for the Department of the Treasury’s intelligence-related ac-

tivities are specifically authorized in fiscal year 2024 until enact-

ment of the Intelligence Authorization Act for fiscal year 2024.

Section 122. The Committee continues a provision permitting the

Bureau of Engraving and Printing to use $5,000 from the Indus-

trial Revolving Fund for reception and representation expenses.

Section 123. The Committee continues a provision requiring the

Department to submit a Capital Investment Plan.

Section 124. The Committee continues a provision prohibiting the

Department from finalizing any regulation related to the standards

used to determine the tax-exempt status of a 501(c)(4) organization.

Section 125. The Committee continues a provision requiring a re-

port on the Department’s Franchise Fund.

Section 126. The Committee continues a provision requiring

quarterly reports of the Office of Financial Stability and the Office

of Financial Research.

Section 127. The Committee continues a provision providing

funding for the Special Inspector General for Pandemic Recovery.

Section 128. The Committee includes a new provision requiring

the Secretary of the Treasury to produce a COVID–19 expenditure

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report to evaluate potential waste, fraud, and abuse in COVID–19

programs.

Section 129. The Committee includes a new provision with re-

spect to the so-called people-to-people category of travel. As set

forth in title 31, section 515.565(b)(2) of the Code of Federal Regu-

lations, this category of travel contravenes the explicit prohibition

against tourist activities as provided in section 910(b) of the Trade

Sanctions Reform and Export Enhancement Act of 2000. Because

Cuba’s tourism industry is run mostly by the Cuban military, the

people-to-people category of travel is also inconsistent with the pro-

hibition on financial transactions with Cuban military, with its af-

filiated entities as maintained on the State Department’s Cuba Re-

stricted List. Furthermore, the stated purpose of people-to-people

travel, which is to promote the Cuban people’s independence from

Cuban authorities, cannot be accomplished through itineraries that

mainly feature interactions with representatives of a dictatorship

that actively oppresses the Cuban people, nor can it be accom-

plished through itineraries that do not require meetings with pro-

democracy activists or independent members of Cuban civil society.

Section 130. The Committee includes a new provision that re-

quires a report on certain categories of travel to Cuba.

Section 131. The Committee includes a new provision prohibiting

the establishment of a United States Central Bank Digital Cur-

rency and prohibits discontinuation of paper currency as legal ten-

der in the United States.

Section 132. The Committee includes a new provision prohibiting

funding for FinCEN to promulgate the beneficial ownership report-

ing rules that do not reflect Congressional intent.

Section 133. The Committee includes a new provision prohibiting

the Federal Housing Finance Agency from implementing the sin-

gle-family housing mortgage credit fee pricing framework an-

nounced on January 19, 2023.

Section 134. The Committee includes a new provision prohibiting

funding for an outbound investment review program until a report

with specific information is provided to the Committees of jurisdic-

tion.

TITLE II—EXECUTIVE OFFICE OF THE PRESIDENT AND

FUNDS APPROPRIATED TO THE PRESIDENT

Funds appropriated in this title provide for the staff and oper-

ations of the White House, along with other organizations within

the Executive Office of the President (EOP) that formulate and co-

ordinate policy on behalf of the President, such as the National Se-

curity Council and the Office of Management and Budget. The title

also includes funding for the Office of National Drug Control Policy

and certain expenses of the Vice President.

HITE

OUSE

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $77,681,000

Budget request, fiscal year 2024 ....................................................... 81,058,000

Recommended in the bill ................................................................... 55,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥22,681,000

Budget request, fiscal year 2024 ................................................ ¥26,058,000

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The White House Salaries and Expenses account supports staff

and administrative services necessary for the direct support of the

President.

COMMITTEE RECOMMENDATION

The Committee recommends $55,000,000 for the White House.

Transparency in the White House.—Within 7 days of enactment,

the White House must submit to Congress all reports and inves-

tigative materials associated with the July 2, 2023, discovery of co-

caine within the White House, including, but not limited to, all as-

sociated video security footage, internal reports, documents, details

related to the discovery of the narcotics, and investigative mate-

rials compiled by White House staff, employees of the administra-

tion, and the United States Secret Service. The White House must

submit this report to the House Committee on Appropriations and

the House Committee on Oversight and Accountability.

XECUTIVE

ESIDENCE AT THE

HITE

OUSE

OPERATING EXPENSES

Appropriation, fiscal year 2023 ......................................................... $15,609,000

Budget request, fiscal year 2024 ....................................................... 16,088,000

Recommended in the bill ................................................................... 14,050,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥1,559,000

Budget request, fiscal year 2024 ................................................ ¥2,038,000

The Executive Residence at the White House Operating Ex-

penses account provides for the care, maintenance, staffing, and op-

erations of the Executive Residence, including official and ceremo-

nial functions of the President.

COMMITTEE RECOMMENDATION

The Committee recommends $14,050,000 for the Operating Ex-

penses of the Executive Residence. The bill continues the same re-

strictions on reimbursable expenses for use of the Executive Resi-

dence as have been included in past years.

HITE

OUSE

EPAIR AND

ESTORATION

Appropriation, fiscal year 2023 ......................................................... $2,500,000

Budget request, fiscal year 2024 ....................................................... 2,500,000

Recommended in the bill ................................................................... 2,500,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ – – –

The White House Repair and Restoration account provides for

the repair, alteration, and improvement of the Executive Residence

at the White House.

COMMITTEE RECOMMENDATION

The Committee recommends $2,500,000 for White House Repair

and Restoration.

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OUNCIL OF

CONOMIC

DVISERS

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $4,903,000

Budget request, fiscal year 2024 ....................................................... 5,056,000

Recommended in the bill ................................................................... 4,120,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥783,000

Budget request, fiscal year 2024 ................................................ ¥936,000

The Council of Economic Advisers analyzes the national economy

and its various segments, advises the President on economic devel-

opments, recommends policies for economic growth and stability,

appraises economic programs and policies of the Federal Govern-

ment, and assists in preparation of the annual Economic Report of

the President.

COMMITTEE RECOMMENDATION

The Committee recommends $4,120,000 for the Council of Eco-

nomic Advisers.

ATIONAL

ECURITY

OUNCIL AND

OMELAND

ECURITY

OUNCIL

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $17,901,000

Budget request, fiscal year 2024 ....................................................... 18,441,000

Recommended in the bill ................................................................... 12,500,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥5,401,000

Budget request, fiscal year 2024 ................................................ ¥5,941,000

The National Security Council and the Homeland Security Coun-

cil have been combined to form the National Security Staff, which

advises and assists the President on the integration of domestic,

foreign, military, intelligence, and economic aspects of national se-

curity policy and serves as the principal means of coordinating ex-

ecutive departments and agencies in the development and imple-

mentation of national security and homeland security policies.

COMMITTEE RECOMMENDATION

The Committee recommends $12,500,000 for the National Secu-

rity Council and Homeland Security Council.

Federal Disaster Recovery.—The Committee is concerned about

an effort to centralize Federal disaster recovery activities in the

National Security Council without adequate input across the Fed-

eral interagency or state and local stakeholder organizations. The

National Security Council is directed to brief the Committee within

60 days of enactment of this Act on the roles and responsibilities

of a Federal recovery coordination office, as well as required re-

sources.

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FFICE OF

DMINISTRATION

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $115,463,000

Budget request, fiscal year 2024 ....................................................... 118,546,000

Recommended in the bill ................................................................... 106,500,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥8,963,000

Budget request, fiscal year 2024 ................................................ ¥12,046,000

The Office of Administration is responsible for providing adminis-

trative services to the Executive Office of the President. These

services include financial, personnel, procurement, information

technology, records management, and general office services.

COMMITTEE RECOMMENDATION

The Committee recommends $106,500,000 for the Office of Ad-

ministration. Of the recommended amount, not to exceed

$12,800,000 is available until expended for modernization of infor-

mation technology infrastructure within the Executive Office of the

President.

FFICE OF

ANAGEMENT AND

UDGET

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $128,035,000

Budget request, fiscal year 2024 ....................................................... 137,489,000

Recommended in the bill ................................................................... 116,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥12,035,000

Budget request, fiscal year 2024 ................................................ ¥21,489,000

OMB assists the President in the discharge of budgetary, eco-

nomic, management, and other executive responsibilities.

COMMITTEE RECOMMENDATION

The Committee recommends $116,000,000 for OMB.

Budget Submission.—The Committee requires OMB to submit

the President’s fiscal year 2025 budget request by the first Monday

in February as required by section 1105(a) of title 31, United

States Code and includes a restriction on the obligation of funds

until the budget is submitted. The Committee encourages OMB to

provide an appropriate number of printed copies of the submission

to Congressional committees, including documents such as the Ap-

pendix, Historical Tables, and Analytical Perspectives.

Personnel and Obligations Report.—The Committee continues di-

rection to OMB to provide the Committee with quarterly reports on

personnel and obligations consisting of on-board staffing levels, es-

timated staffing levels by office for the remainder of the fiscal year,

total obligations incurred to date, estimated total obligations for

the remainder of the fiscal year, and a narrative description of cur-

rent hiring initiatives.

Unobligated Balances Report.—OMB is directed to report to the

Committee within 45 days of the end of each fiscal quarter on

available balances at the start of the fiscal year, current year obli-

gations, and resulting unobligated balances for each discretionary

account within the jurisdiction of this Act.

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Improper Payments.—The Committee encourages OMB to con-

tinue working with agencies across the Federal Government to en-

sure processes are in place to eliminate payments to deceased per-

sons. GAO found that Federal agencies have disbursed an esti-

mated $281 billion in improper payments, totaling $2.2 trillion over

the past 20 years. OMB has not provided a report to the Com-

mittee as requested by House Report 117–393 on how it is reducing

improper payments to deceased individuals and what initiatives

have proven to be most effective. OMB is directed to brief the Com-

mittee within 30 days on its approach to reducing improper pay-

ments.

Online Budget Repository.—The Committee repeats language

from House Report 117–79 requiring OMB to make available on a

website a list of each Federal agency with a link to its budget jus-

tification materials.

Build America Buy America Act Implementation.—In February

2023, OMB issued a series of questions and a proposed rule (88

Federal Register 8374) that expands upon previous temporary

guidance issued to implement the Build America Buy America Act

(BABAA). The Committee is aware of significant concerns from the

stakeholder community that OMB’s filing did not follow appro-

priate administrative processes under the Administrative Proce-

dures Act. There has been no opportunity to provide comment on

portions of the proposed rule that address implementation authori-

ties, which OMB expanded beyond authorities provided in the law.

It is imperative that OMB provide coordination between Federal

agencies to ensure consistency while properly executing BABAA to

ensure maximum job creation and benefit in the United States.

North American Industry Classification System.—The Committee

is aware that there is significant confusion in the current system

on the classification of procurements for Information Technology

Value-Added Resellers (ITVARS). OMB shall report to Congress

within 90 days of enactment of this Act on the status of reviewing

the North American Industry Classification System (NAICS) and

how creating a specific code for ITVARS might help improve the

current NAICS structure.

Food Safety Modernization Act.—The Food Safety Modernization

Act (Public Law 111–353), enacted in 2011, gave the Food and

Drug Administration (FDA) new authorities to regulate how foods

are grown, harvested, and processed and required the FDA to issue

various rulemakings and guidance documents. The Committee di-

rects OMB to work closely with the FDA to meet the timelines for

promulgation of rules and regulations outlined in the FDA Food

Safety Modernization Act. The Committee requests a report every

180 days after the enactment of this Act describing any rule or reg-

ulation that is more than 60 days overdue and the reasons why

each rule or regulation is overdue.

Antideficiency Act Training.—The Antideficiency Act prohibits

Federal agencies from obligating or expending Federal funds in ad-

vance or in excess of an appropriation, and from accepting vol-

untary services. OMB Circular A–11 directs Federal agency ap-

proving and certifying officials to have adequate and current train-

ing in appropriations law and the budget process. The Committee

directs OMB to provide a report within 120 days of enactment de-

tailing Federal agency compliance with Antideficiency Act training

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requirements including the frequency of the trainings and whether

they occur on an annual basis.

Improvements to Federal Government Service Delivery.—The

Committee has concerns with how services are delivered across the

Federal Government and the negative impact the ‘‘time tax’’ has on

Americans accessing these services. The Director of the Office of

Management and Budget should provide a briefing to the Commit-

tees, within 90 days of enactment of this Act, on the outcome

metrics OMB has developed to track how Federal agencies have re-

duced customer burdens and pain points and streamlined their

processes.

Administrative Pay-As-You-Go Act of 2023.—The Committee di-

rects OMB to provide a report within 60 days of enactment on the

implementation of the Pay-As-You-Go rule for executive branch ac-

tions that increase federal spending.

Evidence-Based Policymaking.—The Committee instructs the Of-

fice of Management and Budget to provide a briefing to the Com-

mittee, within 90 days of enactment of the Act, on the development

of Federal agencies’ comprehensive data inventory and public data

catalogue as required by Public Law 115–435. The briefing should

include OMB’s guidance to Federal agencies on how they should

comply with the OPEN Government Data Act’s provisions and any

required resources.

NTELLECTUAL

ROPERTY

NFORCEMENT

OORDINATOR

Appropriation, fiscal year 2023 ......................................................... $1,902,000

Budget request, fiscal year 2024 ....................................................... 1,960,000

Recommended in the bill ................................................................... 1,838,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥64,000

Budget request, fiscal year 2024 ................................................ ¥122,000

The Office of the Intellectual Property Enforcement Coordinator

(IPEC) was created in 2008 to develop and coordinate overall U.S.

intellectual property policy and strategy.

COMMITTEE RECOMMENDATION

The Committee recommends $1,838,000 for IPEC.

FFICE OF THE

ATIONAL

YBER

IRECTOR

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $21,926,000

Budget request, fiscal year 2024 ....................................................... 22,586,000

Recommended in the bill ................................................................... 21,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥926,000

Budget request, fiscal year 2024 ................................................ ¥1,586,000

The Office of the National Cyber Director (ONCD) was created

in the William M. (Mac) Thornberry National Defense Authoriza-

tion Act for Fiscal Year 2021 (Public Law 116–283) to advise the

President on cybersecurity and related emerging technology issues

and to coordinate cybersecurity strategy and policy, including Exec-

utive Branch development of an integrated national cybersecurity.

COMMITTEE RECOMMENDATION

The Committee recommends $21,000,000 for the ONCD.

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Cyber Coordination.—The Committee notes the increasing regu-

larity of damaging cyberattacks, including attacks against critical

U.S. infrastructure, and recognizes that Federal cyber functions are

distributed among numerous agencies and offices. As part of the

implementation of the National Cybersecurity Strategy, the Na-

tional Cyber Director shall develop an overarching coordination pol-

icy for Federal Cybersecurity Centers’ activities and brief the Com-

mittee on such strategy within 180 days of enactment of this Act.

National Cyber Workforce Strategy.—Not later than 120 days

after enactment of this Act, the ONCD and the Cybersecurity and

Infrastructure Security Agency shall jointly brief the Committee on

interagency efforts with OMB and other relevant agencies to de-

velop a National Cyber Workforce Strategy and any implementa-

tion efforts underway. The National Cyber Workforce group is en-

couraged to examine existing military transition programs that

support the recruitment, hiring, training, or education of military

veterans to improve their transition into Federal service upon dis-

charge from active duty and to maximize engagement with reserv-

ists in civilian cyber workforce roles.

FFICE OF

ATIONAL

RUG

ONTROL

OLICY

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $21,500,000

Budget request, fiscal year 2024 ....................................................... 22,380,000

Recommended in the bill ................................................................... 18,952,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥2,548,000

Budget request, fiscal year 2024 ................................................ ¥3,428,000

The Office of National Drug Control Policy (ONDCP) was estab-

lished by the Anti-Drug Abuse Act of 1988. As the President’s pri-

mary source of support for counter-drug policy development and

program oversight, ONDCP is responsible for developing and up-

dating a National Drug Control Strategy, developing a National

Drug Control Budget, and coordinating and evaluating the imple-

mentation of Federal drug control activities. In addition, ONDCP

manages several counter-drug programs, including the High Inten-

sity Drug Trafficking Areas (HIDTA) and Drug-Free Communities

grant programs.

COMMITTEE RECOMMENDATION

The Committee recommends $18,952,000 for ONDCP Salaries

and Expenses.

Caribbean Border Counternarcotics Strategy.—The Committee re-

mains concerned about narcotics trafficking and related violence in

Puerto Rico and the U.S. Virgin Islands, home to approximately 3.3

million American citizens, and their effect on U.S. States, espe-

cially communities along the Eastern seaboard. The Committee

commends ONDCP for including a Caribbean Border Counter-

narcotics Strategy as a companion to the 2022 National Drug Con-

trol Strategy and expects that ONDCP will continue to include a

Caribbean Border Counternarcotics Strategy in forthcoming

versions of the National Drug Control Strategy.

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FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $302,000,000

Budget request, fiscal year 2024 ....................................................... 290,200,000

Recommended in the bill ................................................................... 296,600,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥5,400,000

Budget request, fiscal year 2024 ................................................ +6,400,000

The HIDTA Program provides resources to Federal, State, local,

and Tribal agencies in designated HIDTAs to combat the produc-

tion, transportation, and distribution of illegal drugs; to seize as-

sets derived from drug trafficking; to address violence in drug-

plagued communities; and to disrupt the drug marketplace.

There are 33 HIDTAs operating in all 50 States plus the District

of Columbia, Puerto Rico, and the U.S. Virgin Islands. Each

HIDTA is managed by an Executive Board comprised of equal

numbers of Federal, State, local, and Tribal officials. Each HIDTA

Executive Board is responsible for designing and implementing ini-

tiatives for the specific drug trafficking threats in its region. Intel-

ligence and information sharing are key elements of all HIDTA

programs.

COMMITTEE RECOMMENDATION

The Committee recommends $296,600,000 for the HIDTA Pro-

gram.

Combatting Illegal Opioids and Fentanyl.—Criminal networks

engaged in narcotics trafficking and distribution of illegal opioids

and fentanyl remain a national security concern. The Committee is

aware the HIDTA program seized over 44 million dosage units of

fentanyl in 2022, a more than 975 percent increase from 2020, and

that 71,238 people died from fentanyl in the United States in 2021,

up more than 20 percent from 2020. The Committee supports the

HIDTA program’s work to combat fentanyl trafficking and overdose

deaths and encourages ONDCP to identify software solutions that

could enable information sharing and collaboration between the

HIDTA program and Federal, State, local, and Tribal law enforce-

ment to uncover drug traffickers and their networks. The Com-

mittee particularly encourages ONDCP, in consultation with the

HIDTA Directors, to prioritize discretionary funds towards pro-

grams that support fentanyl poisoning and overdose reduction and

that enhance opioid and fentanyl seizure and interdiction activities.

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $137,120,000

Budget request, fiscal year 2024 ....................................................... 148,950,000

Recommended in the bill ................................................................... 135,450,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥1,670,000

Budget request, fiscal year 2024 ................................................ ¥13,500,000

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COMMITTEE RECOMMENDATION

The Committee recommends $135,450,000 for Other Federal

Drug Control Programs. The recommended level for fiscal year

2024 is distributed among specific programs and activities as fol-

lows:

Drug-Free Communities .................................................................... $109,000,000

Drug Court Training and Technical Assistance ............................... 3,000,000

Anti-Doping Activities ........................................................................ 14,000,000

World Anti-Doping Agency ................................................................ 3,000,000

Model Acts Program ........................................................................... 1,250,000

Community-Based Coalition Enhancement Grants (CARA

Grants) ............................................................................................. 5,200,000

NANTICIPATED

EEDS

Appropriation, fiscal year 2023 ......................................................... $1,000,000

Budget request, fiscal year 2024 ....................................................... 1,000,000

Recommended in the bill ................................................................... 1,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ – – –

The Unanticipated Needs account enables the President to meet

unanticipated exigencies in support of the national interest, secu-

rity, or defense.

COMMITTEE RECOMMENDATION

The Committee recommends $1,000,000 for Unanticipated Needs.

NFORMATION

ECHNOLOGY

VERSIGHT AND

EFORM

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $13,700,000

Budget request, fiscal year 2024 ....................................................... 14,166,000

Recommended in the bill ................................................................... 8,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥5,700,000

Budget request, fiscal year 2024 ................................................ ¥6,166,000

The Information Technology Oversight and Reform account sup-

ports efforts to make the Federal Government’s investments in in-

formation technology more efficient, secure, and effective.

COMMITTEE RECOMMENDATION

The Committee recommends $8,000,000 for information tech-

nology oversight activities.

PECIAL

SSISTANCE TO THE

RESIDENT

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $6,076,000

Budget request, fiscal year 2024 ....................................................... 6,255,000

Recommended in the bill ................................................................... 4,839,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥1,237,000

Budget request, fiscal year 2024 ................................................ ¥1,416,000

These funds support the executive functions of the Office of the

Vice President.

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COMMITTEE RECOMMENDATION

The Committee recommends $4,839,000 for the Office of the Vice

President.

FFICIAL

ESIDENCE OF THE

ICE

RESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $321,000

Budget request, fiscal year 2024 ....................................................... 329,000

Recommended in the bill ................................................................... 311,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥10,000

Budget request, fiscal year 2024 ................................................ ¥18,000

The Official Residence of the Vice President Operating Expenses

account supports the care and operation of the Vice President’s res-

idence and supports equipment, furnishings, dining facilities, and

services required to perform and discharge the Vice President’s offi-

cial duties, functions, and obligations.

COMMITTEE RECOMMENDATION

The Committee recommends $311,000 for the Operating Ex-

penses of the Vice President’s residence.

DMINISTRATIVE

ROVISIONS

—E

XECUTIVE

FFICE OF THE

RESIDENT AND

UNDS

PPROPRIATED TO THE

RESIDENT

(INCLUDING TRANSFER OF FUNDS)

Section 201. The Committee continues a provision permitting the

transfer of not to exceed 10 percent of funds among various ac-

counts within the EOP, with advance approval of the Committee.

The amount of an appropriation shall not be increased by more

than 50 percent.

Section 202. The Committee continues a provision requiring the

OMB Director to include a statement of budgetary impact with any

Executive Order or Presidential Memorandum issued or rescinded

during fiscal year 2024 where the regulatory cost exceeds

$100,000,000.

Section 203. The Committee continues a provision requiring the

OMB Director to issue a memorandum to all Federal departments,

agencies, and corporations directing compliance with title VII of

this Act.

Section 204. The Committee continues a provision requiring

OMB to permanently operate and maintain the system to make

publicly available, in an automated fashion, all documents appor-

tioning an appropriation including explanations of any footnotes for

apportioned amounts.

Section 205. The Committee includes a new provision requiring

the OMB Director to report to the Committee on the available bal-

ances under certain COVID–19 related provisions of law.

Section 206. The Committee includes a new provision requiring

that the President submit annual budget requests to Congress on

or before the first Monday in February as required by section

1105(a) of title 31, United States Code, or the total amount avail-

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able for obligation will be reduced by $52,000,000 until the budget

is submitted.

Section 207. The Committee includes a new provision prohibiting

the Director of OMB from waiving the offset requirements related

to increases in direct spending.

TITLE III—THE JUDICIARY

The funds in title III are for the operation and maintenance of

United States Courts and include the salaries of judges, probation

and pretrial services officers, public defenders, court clerks, law

clerks, and other supporting personnel, as well as security costs, in-

formation technology, and other expenses of the Federal Judiciary.

The Committee recommends a total of $8,684,381,000 in discre-

tionary funding for the Judiciary in fiscal year 2024.

In addition to direct appropriations, the Judiciary collects various

fees and has certain multiyear funding authorities. The Judiciary

uses these non-appropriated funds to offset its direct appropriation

requirements.

Consistent with prior year practices and section 608 of this Act,

the Committee expects the Judiciary to submit a financial plan,

within 60 days of enactment of this Act, allocating all sources of

available funds including appropriations, fee collections, and carry-

over balances. This financial plan will be the baseline for purposes

of reprogramming notification.

UPREME

OURT OF THE

NITED

TATES

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $109,551,000

Budget request, fiscal year 2024 ....................................................... 127,036,000

Recommended in the bill ................................................................... 124,201,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +14,650,000

Budget request, fiscal year 2024 ................................................ ¥2,862,000

COMMITTEE RECOMMENDATION

The Committee recommends $124,201,000 for fiscal year 2024 for

the salaries and expenses of personnel and for the cost of operating

the Supreme Court, excluding the care of the building and grounds.

The Committee directs the Court to include with its budget jus-

tification materials a report showing information technology carry-

over balances and describing expenditures made in the previous fis-

cal year and planned expenditures in the budget year.

CARE OF THE BUILDING AND GROUNDS

Appropriation, fiscal year 2023 ......................................................... $29,246,000

Budget request, fiscal year 2024 ....................................................... 20,688,000

Recommended in the bill ................................................................... 20,420,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥8,826,000

Budget request, fiscal year 2024 ................................................ ¥268,000

COMMITTEE RECOMMENDATION

The Committee recommends $20,420,000 for Care of Buildings

and Grounds, to remain available until expended. The Architect of

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the Capitol has responsibility for these functions and supervises

the use of this appropriation.

NITED

TATES

OURT OF

PPEALS FOR THE

EDERAL

IRCUIT

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $36,735,000

Budget request, fiscal year 2024 ....................................................... 39,682,000

Recommended in the bill ................................................................... 38,991,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +2,256,000

Budget request, fiscal year 2024 ................................................ ¥691,000

COMMITTEE RECOMMENDATION

The Court of Appeals for the Federal Circuit has exclusive na-

tional jurisdiction over a large number of diverse subject areas, in-

cluding government contracts, patents, trademarks, Federal per-

sonnel, and veterans’ benefits. The Committee recommends

$38,991,000 for the United States Court of Appeals for the Federal

Circuit.

NITED

TATES

OURT OF

NTERNATIONAL

RADE

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $21,260,000

Budget request, fiscal year 2024 ....................................................... 22,404,000

Recommended in the bill ................................................................... 22,103,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +843,000

Budget request, fiscal year 2024 ................................................ ¥301,000

COMMITTEE RECOMMENDATION

The Court of International Trade has exclusive nationwide juris-

diction over civil actions against the United States and certain civil

actions brought by the United States arising out of import trans-

actions and administration and enforcement of the U.S. customs

and international trade laws. The Committee recommends

$22,103,000 for the United States Court of International Trade.

OURTS OF

PPEALS

, D

ISTRICT

OURTS

AND

THER

UDICIAL

ERVICES

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $5,905,055,000

Budget request, fiscal year 2024 ....................................................... 6,370,391,000

Recommended in the bill ................................................................... 6,050,974,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +145,919,000

Budget request, fiscal year 2024 ................................................ ¥319,417,000

COMMITTEE RECOMMENDATION

The Committee recommends $6,050,974,000 for the operations of

the regional Courts of Appeals, District Courts, Bankruptcy Courts,

the Court of Federal Claims, and probation and pretrial services of-

fices.

In addition, the Committee recommends a reimbursement of

$9,975,000 from the Vaccine Injury Compensation Trust Fund to

cover expenses of the United States Court of Federal Claims associ-

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ated with processing cases under the National Childhood Vaccine

Injury Act of 1986.

DEFENDER SERVICES

Appropriation, fiscal year 2023 ......................................................... $1,382,680,000

Budget request, fiscal year 2024 ....................................................... 1,533,015,000

Recommended in the bill ................................................................... 1,411,116,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +28,436,000

Budget request, fiscal year 2024 ................................................ ¥121,899,000

COMMITTEE RECOMMENDATION

This account provides funding for the operation of the Federal

Public Defender and Community Defender organizations and for

compensation and reimbursement of expenses of panel attorneys

appointed pursuant to the Criminal Justice Act for representation

in criminal cases. The Committee recommends $1,411,116,000 for

Defender Services.

FEES OF JURORS AND COMMISSIONERS

Appropriation, fiscal year 2023 ......................................................... $58,239,000

Budget request, fiscal year 2024 ....................................................... 59,902,000

Recommended in the bill ................................................................... 59,902,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +1,663,000

Budget request, fiscal year 2024 ................................................ – – –

COMMITTEE RECOMMENDATION

The Committee recommends $59,902,000 for payments to jurors

and commissioners.

COURT SECURITY

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $750,163,000

Budget request, fiscal year 2024 ....................................................... 783,465,000

Recommended in the bill ................................................................... 782,727,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +32,564,000

Budget request, fiscal year 2024 ................................................ ¥738,000

COMMITTEE RECOMMENDATION

The Committee recommends $782,727,000 for Court Security to

provide for necessary expenses of security and protective services

in courtrooms and adjacent areas. The recommendation will pro-

vide for the highest priority security needs identified by the courts

and the U.S. Marshals Service.

DMINISTRATIVE

FFICE OF THE

NITED

TATES

OURTS

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $102,673,000

Budget request, fiscal year 2024 ....................................................... 112,974,000

Recommended in the bill ................................................................... 107,295,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +4,622,000

Budget request, fiscal year 2024 ................................................ ¥5,679,000

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COMMITTEE RECOMMENDATION

The Administrative Office of the United States Courts (AO) pro-

vides administrative and management support to the United States

Courts, including the probation and bankruptcy systems. It also

supports the Judicial Conference of the United States in deter-

mining Federal Judiciary policies, in developing methods to assist

the courts to conduct business efficiently and economically, and in

enhancing the use of information technology in the courts. The

Committee recommends $107,295,000 for the AO.

Workplace Conduct.—The Committee looks forward to receiving

GAO’s review of workplace misconduct in the Federal Judiciary

and recommendations for how this office can help foster a better

workplace environment for all Judicial employees. The Committee

directs the Administrative Office’s Office of Judicial Integrity to

continue to inform Congress in their annual Congressional budget

on the challenges remaining to provide an exemplary workplace for

every judge and every court employee. As the Judiciary collabo-

rates with GAO and other stakeholders on various workplace stud-

ies, the Committee expects the Judiciary and the Federal Judicial

Center to provide regular and appropriate access to all necessary

information requested by GAO and the National Academy of Public

Administration so that their work can be completed in a timely

manner.

EDERAL

UDICIAL

ENTER

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $34,261,000

Budget request, fiscal year 2024 ....................................................... 35,082,000

Recommended in the bill ................................................................... 34,174,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥87,000

Budget request, fiscal year 2024 ................................................ ¥908,000

COMMITTEE RECOMMENDATION

The Federal Judicial Center (FJC) improves the management of

Federal Judicial dockets and court administration through edu-

cation for judges and staff and through research, evaluation, and

planning assistance for the courts and the Judicial Conference. The

Committee recommends $34,174,000 for the FJC.

Bankruptcy Judges Education.—The Committee recognizes the

importance of national security considerations in reviewing bank-

ruptcy and investment transactions, and encourages the FJC to

continue to educate bankruptcy judges on the role of the Com-

mittee on Foreign Investment in the United States and on how

bankruptcy court decisions impact national security. Not later than

180 days after the enactment of this Act, the FJC is directed to

brief the Committee on its plans to continue to incorporate national

security considerations into bankruptcy judge educational activi-

ties.

Patent Litigation Education.—The Committee encourages the

FJC to educate judges on the rise in third-party funded patent liti-

gation and the importance of ensuring that there is disclosure of

interested parties including all beneficial owners and investors in-

volved in litigation. Not later than 180 days after the enactment

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of this Act, the FJC is directed to report to the Committee on its

plans to incorporate an awareness of disclosure requirements into

its educational activities for patent litigation judges.

NITED

TATES

ENTENCING

OMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $21,641,000

Budget request, fiscal year 2024 ....................................................... 23,150,000

Recommended in the bill ................................................................... 22,503,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +862,000

Budget request, fiscal year 2024 ................................................ ¥647,000

COMMITTEE RECOMMENDATION

The purpose of the U.S. Sentencing Commission (Commission) is

to establish, review, and revise sentencing guidelines, policies, and

practices for the Federal criminal justice system. The Commission

is also required to monitor the operation of the guidelines and to

identify and report necessary changes to Congress. The Committee

recommends $22,503,000 for the Commission.

DMINISTRATIVE

ROVISIONS

—T

UDICIARY

(INCLUDING TRANSFER OF FUNDS)

Section 301. The Committee continues language to permit funds

for salaries and expenses to be available for employment of experts

and consultant services as authorized by 5 U.S.C. 3109.

Section 302. The Committee continues language that permits up

to five percent of any appropriation made available for fiscal year

2024 to be transferred between Judiciary appropriations provided

that no appropriation shall be decreased by more than five percent

or increased by more than ten percent by any such transfer except

in certain circumstances. In addition, the language provides that

any such transfer shall be treated as a reprogramming of funds

under sections 604 and 608 of the accompanying bill and shall not

be available for obligation or expenditure except in compliance with

the procedures set forth in those sections.

Section 303. The Committee continues language authorizing not

to exceed $11,000 to be used for official reception and representa-

tion expenses incurred by the Judicial Conference of the United

States.

Section 304. The Committee continues language through fiscal

year 2024 regarding the delegation of authority to the Judiciary for

contracts for repairs of less than $100,000.

Section 305. The Committee continues language to authorize a

court security pilot program.

Section 306. The Committee includes a new provision that re-

duces administrative burdens associated with private panel attor-

ney payments.

Section 307. Language is included extending temporary judge-

ships in Alabama Northern, Arizona, California Central, Florida

Southern, Hawaii, Kansas, Missouri Eastern, New Mexico, North

Carolina Western, and Texas Eastern.

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TITLE IV—DISTRICT OF COLUMBIA

EDERAL

UNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

Appropriation, fiscal year 2023 ......................................................... $40,000,000

Budget request, fiscal year 2024 ....................................................... 40,000,000

Recommended in the bill ................................................................... 40,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ – – –

The Resident Tuition Support program, also known as the D.C.

Tuition Assistance Grant program, provides up to $10,000 annually

for undergraduate District students to address the difference be-

tween in-state and out-of-state tuition rates and makes it possible

for them to attend eligible four-year public universities and colleges

nationwide. Grants of up to $2,500 per year are available for stu-

dents to attend private universities and colleges in the D.C. metro-

politan area, private Historically Black Colleges and Universities

nationwide, and public two-year community colleges nationwide.

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $40,000,000

for the Resident Tuition Support program. The District of Columbia

can contribute local funds to this program and is authorized to

prioritize applications based on income and need if there is demand

for the program beyond the available level of Federal funds.

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

Appropriation, fiscal year 2023 ......................................................... $30,000,000

Budget request, fiscal year 2024 ....................................................... 48,000,000

Recommended in the bill ................................................................... 28,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥2,000,000

Budget request, fiscal year 2024 ................................................ ¥20,000,000

The District of Columbia is the seat of the Federal Government.

The Federal Payment for Emergency Planning and Security Costs

is provided to help address the impact of the Federal Government’s

presence in the District of Columbia.

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $28,000,000

for emergency planning and security costs and additional costs in-

curred by the District of Columbia.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

Appropriation, fiscal year 2023 ......................................................... $291,068,000

Budget request, fiscal year 2024 ....................................................... 315,563,000

Recommended in the bill ................................................................... 301,210,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +10,142,000

Budget request, fiscal year 2024 ................................................ ¥14,353,000

Under the National Capital Revitalization and Self-Government

Improvement Act of 1997, the Federal Government is required to

finance the District of Columbia Courts. This Federal payment to

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the District of Columbia Courts funds the operations of the District

of Columbia Court of Appeals, Superior Court, Court System, and

Capital Improvement Program.

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $301,210,000

for operation of the District of Columbia Courts.

The amount recommended by the Committee includes

$15,655,000 for the Court of Appeals, $144,035,000 for the Superior

Court, $90,210,000 for the Court System, and $51,310,000 for cap-

ital improvements to courthouse facilities. Funds for capital im-

provements are provided to improve life safety compliance, conduct

general repair projects and upgrades, and move the various court

offices into owned space and out of leased space.

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF

COLUMBIA COURTS

(INCLUDING RESCISSION OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $46,005,000

Budget request, fiscal year 2024 ....................................................... 46,005,000

Recommended in the bill ................................................................... 46,005,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ – – –

The District of Columbia Courts appoint and compensate attor-

neys to represent persons who are financially unable to obtain such

representation.

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $46,005,000

for Defender Services in the District of Columbia Courts. The Com-

mittee notes the inclusion of a permanent rescission of $25,000,000

in unobligated balances for Defender Services.

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

Appropriation, fiscal year 2023 ......................................................... $285,016,000

Budget request, fiscal year 2024 ....................................................... 296,878,000

Recommended in the bill ................................................................... 287,271,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +2,255,000

Budget request, fiscal year 2024 ................................................ ¥9,607,000

The Court Services and Offender Supervision Agency (CSOSA)

for the District of Columbia is an independent Federal agency cre-

ated by the National Capital Revitalization and Self-Government

Improvement Act of 1997. CSOSA acquired operational responsibil-

ities for the former District agencies in charge of probation and pa-

role and houses the Pretrial Services Agency for the District of Co-

lumbia within its framework.

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $287,271,000

for CSOSA. Of the amounts provided, $202,289,000 is for Commu-

nity Supervision and Sex Offender Registration and $84,982,000 is

for pretrial services. The recommendation includes $4,253,000 to

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remain available until September 30, 2026, for the costs associated

with relocation under replacement leases for headquarters offices,

field offices, and related facilities for CSOSA and $2,503,000, to re-

main available until September 30, 2026, for the costs associated

with a replacement lease and relocation of the Pretrial Services

Agency.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER

SERVICE

Appropriation, fiscal year 2023 ......................................................... $53,629,000

Budget request, fiscal year 2024 ....................................................... 59,551,000

Recommended in the bill ................................................................... 57,329,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +3,700,000

Budget request, fiscal year 2024 ................................................ ¥2,222,000

The Public Defender Service (PDS) for the District of Columbia

is an independent organization authorized by the National Capital

Revitalization and Self-Government Improvement Act of 1997.

PDS’s purpose is to provide legal representation services within the

District of Columbia justice system.

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $57,329,000

for PDS for the District of Columbia.

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

Appropriation, fiscal year 2023 ......................................................... $2,450,000

Budget request, fiscal year 2024 ....................................................... 2,450,000

Recommended in the bill ................................................................... 2,150,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥300,000

Budget request, fiscal year 2024 ................................................ ¥300,000

The Criminal Justice Coordinating Council (CJCC) provides a

forum for District of Columbia and Federal law enforcement to

identify criminal justice issues and solutions and improve the co-

ordination of their efforts. In addition, the CJCC developed and

maintains the Justice Integrated Information System, which pro-

vides for the seamless sharing of information with Federal and

local law enforcement.

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $2,150,000 to

the Criminal Justice Coordinating Council.

FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

Appropriation, fiscal year 2023 ......................................................... $630,000

Budget request, fiscal year 2024 ....................................................... 898,000

Recommended in the bill ................................................................... 630,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ ¥268,000

This appropriation provides funding for two judicial commissions.

The first is the Judicial Nomination Commission (JNC), which rec-

ommends a panel of three candidates to the President for each judi-

cial vacancy in the District of Columbia Court of Appeals and Supe-

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rior Court. From the panel selected by the JNC, the President

nominates a person for each vacancy and submits his or her name

for confirmation to the Senate. The second commission is the Com-

mission on Judicial Disabilities and Tenure (CJDT), which has ju-

risdiction over all judges of the Court of Appeals and Superior

Court to determine whether a judge’s conduct warrants disciplinary

action and whether involuntary retirement of a judge for health

reasons is warranted. In addition, the CJDT conducts evaluations

of judges seeking reappointment and judges who retire and wish to

continue service as a senior judge.

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $330,000 for

the CJDT and $300,000 for the JNC.

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

Appropriation, fiscal year 2023 ......................................................... $52,500,000

Budget request, fiscal year 2024 ....................................................... 52,500,000

Recommended in the bill ................................................................... 52,500,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ – – –

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $52,500,000

for school improvement. Based on the statutory funding formula,

$8,750,000 is provided for District of Columbia Public Schools,

$17,500,000 is provided for Public Charter Schools, and

$26,250,000 is provided for Opportunity Scholarships.

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

Appropriation, fiscal year 2023 ......................................................... $600,000

Budget request, fiscal year 2024 ....................................................... 600,000

Recommended in the bill ................................................................... 600,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ – – –

The Major General David F. Wherley, Jr. District of Columbia

National Guard Retention and College Access Program pays the

costs of a tuition assistance program for guard members.

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $600,000 for

the Major General David F. Wherley, Jr. District of Columbia Na-

tional Retention and College Access Program. The Committee ac-

knowledges the unique role of the D.C. National Guard in address-

ing emergencies that may occur as a result of the presence of the

Federal Government.

FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV

AIDS

Appropriation, fiscal year 2023 ......................................................... $4,000,000

Budget request, fiscal year 2024 ....................................................... 5,000,000

Recommended in the bill ................................................................... 4,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ ¥1,000,000

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Approximately two percent of the population of the District of

Columbia has been diagnosed with HIV/AIDS. This percentage sur-

passes the generally accepted definition of an epidemic, which is

one percent of the population.

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $4,000,000 for

testing, education, and treatment of HIV/AIDS.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

Appropriation, fiscal year 2023 ......................................................... $8,000,000

Budget request, fiscal year 2024 ....................................................... 8,000,000

Recommended in the bill ................................................................... 8,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ – – –

The Federal payment to the District of Columbia Water and

Sewer Authority supports the D.C. Clean Rivers Project, which is

designed to reduce combined sewer overflows to the Anacostia and

Potomac Rivers and Rock Creek.

ISTRICT OF

OLUMBIA

UNDS

The Committee continues to appropriate local funds to the Dis-

trict of Columbia in accordance with and required by Article I, Sec-

tion 8, clause 17 and Article I, Section 9, clause 7 of the Constitu-

tion. The bill provides local funds for the operation of the District

of Columbia as submitted by the District of Columbia Council and

the Mayor.

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $8,000,000 for

implementation of the D.C. Clean Rivers project.

TITLE V—INDEPENDENT AGENCIES

DMINISTRATIVE

ONFERENCE OF THE

NITED

TATES

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $3,465,000

Budget request, fiscal year 2024 ....................................................... 3,523,000

Recommended in the bill ................................................................... 3,523,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +58,000

Budget request, fiscal year 2024 ................................................ – – –

The Administrative Conference of the United States (ACUS) is

an independent agency that studies Federal administrative proce-

dures and processes to recommend improvements to the President,

Congress, and other agencies.

COMMITTEE RECOMMENDATION

The Committee recommends $3,523,000 for ACUS.

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ONSUMER

INANCIAL

ROTECTION

UREAU

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... – – –

Budget request, fiscal year 2024 ....................................................... – – –

Recommended in the bill ................................................................... $635,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +635,000,000

Budget request, fiscal year 2024 ................................................ +635,000,000

The Consumer Financial Protection Bureau (CFPB) was estab-

lished under title X of the Dodd-Frank Wall Street Reform and

Consumer Protection Act (Public Law 111–203) as a bureau under

the Federal Reserve System. The Act consolidated authorities pre-

viously shared by seven Federal agencies under Federal consumer

protection laws in the CFPB and provided CFPB with additional

authorities to conduct rulemaking, supervision, and enforcement

with respect to Federal consumer financial laws.

COMMITTEE RECOMMENDATION

The Committee recommends $635,000,000 for the CFBP.

Five-Member Commission.—The CFPB has oversight over a wide

range of consumer financial products. As such, the CFPB’s activi-

ties have the potential to significantly affect consumers’ access to

credit and the operations of both banks and non-banks. The Com-

mittee believes the Dodd-Frank Wall Street Reform and Consumer

Protection Act provides inadequate checks on the CFPB’s powers.

The Committee’s experience overseeing the Federal Communica-

tions Commission, the Federal Trade Commission, the Securities

and Exchange Commission, the Consumer Product Safety Commis-

sion, and other Federal agencies with powers to protect consumers

and investors leads the Committee to conclude that a five-member

commission is more suitable for guiding the CFPB than a single di-

rector. A commission ensures that multiple disciplines, experiences,

and perspectives are brought to bear on CFPB rules, policies, and

enforcement actions. The appointment and removal process and

staggered terms of commissioners can provide checks and balances

on an agency’s operations and priorities, as well as a measure of

continuity that a single director cannot.

ADMINISTRATIVE PROVISIONS

—

CONSUMER FINANCIAL PROTECTION

BUREAU

Section 501. The Committee includes a new provision bringing

the CFPB into the regular appropriations process.

Section 502. The Committee includes a new provision making the

CFPB an independent agency led by a commission.

Section 503. The Committee includes a new provision prohibiting

funds from being used to implement Section 1071 of the Dodd-

Frank Act.

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ONSUMER

RODUCT

AFETY

OMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $152,500,000

Budget request, fiscal year 2024 ....................................................... 212,600,000

Recommended in the bill ................................................................... 139,050,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥13,450,000

Budget request, fiscal year 2024 ................................................ ¥73,550,000

The Consumer Product Safety Act of 1972 established the Con-

sumer Product Safety Commission (CPSC), an independent Federal

regulatory agency, to reduce the risk of injury associated with con-

sumer products.

COMMITTEE RECOMMENDATION

The Committee recommends $139,050,000 for the CPSC. The rec-

ommendation includes $2,500,000 for the Virginia Graeme Baker

Grant Program and the associated administrative costs to reduce

the number of injuries and deaths associated with pools and spas.

The recommendation includes $2,000,000 for the Nicholas and

Zachary Burt Memorial Grant Program and the associated admin-

istrative costs to ensure that families are protected from carbon

monoxide poisoning.

Pool Safely.—Drownings and near-drownings in pools and spas

pose a significant public health risk to our Nation’s children.

Drowning is a public health crisis, and it remains the leading cause

of unintentional death for children ages one to four. The Committee

commends the CPSC for establishing the national and grassroots

‘‘Pool Safely’’ campaign, a safety information and education pro-

gram designed to reduce child drownings and near drowning inju-

ries and maintain a zero-fatality rate for drain entrapments. This

multifaceted initiative includes consumer and industry education

efforts, press events, partnerships, outreach, and advertising.

ADMINISTRATIVE PROVISIONS

—

CONSUMER PRODUCT SAFETY

COMMISSION

Section 510. The Committee continues a provision prohibiting

funds to finalize, implement, or enforce the proposed rule on rec-

reational off-highway vehicles until a study is completed by the Na-

tional Academy of Sciences.

Section 511. The Committee includes a new provision prohibiting

funds made available by this Act from being used by the CPSC to

prohibit the use or sale of gas-powered stoves, cooktops, ranges, or

ovens in the United States.

LECTION

SSISTANCE

OMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $28,000,000

Budget request, fiscal year 2024 ....................................................... 33,807,000

Recommended in the bill ................................................................... 20,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥8,000,000

Budget request, fiscal year 2024 ................................................ ¥13,807,000

The Election Assistance Commission (EAC) is a bipartisan Fed-

eral commission that helps election officials administer and voters

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participate in elections. Established by the Help America Vote Act

of 2002 (HAVA), the EAC distributes, administers, and audits

HAVA funds, serves as the Nation’s clearinghouse for information

on election administration, conducts the Election Administration

and Voting Survey and other studies, develops the Voluntary Vot-

ing System Guidelines, accredits testing laboratories and certifies

voting systems, and administers the National Mail Voter Registra-

tion Form in accordance with the National Voter Registration Act

of 1993.

COMMITTEE RECOMMENDATION

The Committee recommends $20,000,000 for the Salaries and Ex-

penses of the EAC, of which $1,500,000 shall be made available to

the National Institute of Standards and Technology (NIST) for elec-

tion reform activities authorized under HAVA.

EDERAL

OMMUNICATIONS

OMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $390,192,000

Budget request, fiscal year 2024 ....................................................... 410,743,000

Recommended in the bill ................................................................... 381,950,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥8,242,000

Budget request, fiscal year 2024 ................................................ ¥28,793,000

The mission of the Federal Communications Commission (FCC)

is to implement and enforce the Communications Act of 1934 and

assure the availability of high-quality communications services for

all Americans.

COMMITTEE RECOMMENDATION

The Committee recommends $381,950,000 for the Salaries and

Expenses of the FCC, to be derived from offsetting collections. The

Committee also includes a cap of $136,167,000 for the administra-

tion of spectrum auctions.

Broadband Maps.—The FCC has begun releasing versions of a

new locations-based National Broadband Map and requested con-

sumers, State, local and Tribal government entities, and other

stakeholders to help verify the accuracy of the data in order to

identify unserved and underserved locations in communities, which

are most in need of funding for high-speed broadband internet in-

frastructure investments. The National Telecommunications and

Information Administration (NTIA) will use a version of the Na-

tional Broadband Map—as modified by the FCC to address accu-

racy issues identified by stakeholders—to distribute approximately

$42 billion provided by Congress to States and Territories to build

broadband infrastructure in unserved and underserved eligible

areas. States and Territories are then directed to use the National

Broadband Map as the basis, with limited updates from a challenge

process to ensure accuracy, to award funds for broadband deploy-

ments projects. The FCC is directed to brief the Committee within

90 days of enactment of this Act, regarding the FCC’s approach to

resolving filed challenges to the National Broadband Map, any on-

going accuracy issues with the National Broadband Map, and plans

for ensuring future accuracy.

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Rip and Replace Report.—The Committee is aware the FCC’s on-

going process to address certain Chinese communications equip-

ment and services through the Secure and Trusted Communica-

tions Network Act of 2019. This Rip and Replace program is in-

tended to ensure the removal of equipment on the Covered List

that poses a national security threat; it is essential to remove this

untrusted telecommunications equipment, including that made by

Huawei and ZTE, from our networks to protect American interests,

privacy, and intellectual property. These companies are subject to

the whims of the Chinese Communist Party and are known to have

engaged in espionage, intellectual property theft, and failures to

provide key security. The Committee requests a briefing from the

FCC on the status of Chinese technology and equipment eligible for

the Rip and Replace program, including information on the number

of at-risk networks, the number of grant requests outstanding, and

key security vulnerabilities the FCC has identified through the pro-

gram within 60 days of enactment of this Act.

Supply Chain Reimbursement Program.—In the disbursement of

Supply Chain Reimbursement Program funds, the FCC has a stat-

utory obligation to disburse funds first to approved applicants that

have 2,000,000 or fewer customers for removal and replacement of

covered communications equipment. The Committee further rec-

ommends the FCC to prioritize those carriers with the eligible tele-

communications carrier designation. The FCC’s program is in-

tended to support these networks funded under its High-Cost uni-

versal service program in the hardest to serve.

5G Fund.—The Committee continues to recognize the need to ad-

dress the digital divide, including the need to bring mobile 5G serv-

ices to unserved and underserved communities. The Committee is

concerned that the current $9 billion budget for the 5G Fund for

Rural America will not be sufficient to support nationwide 5G serv-

ices. The Committee directs the FCC to allocate sufficient resources

in the Universal Service Fund (USF) to establish a greater 5G

Fund budget needed to preserve and expand mobile 5G connectivity

nationwide and update the 5G Fund framework to reflect changes

in technology and service since the FCC established the 5G Fund.

Eligible Telecommunications Carrier Designation.—The Com-

mittee believes the eligible telecommunications carrier (ETC) re-

quirement continues to play an important role in safeguarding

against waste, fraud, and abuse, and ensuring that Federal high-

cost USF support goes to reliable network providers that are capa-

ble of offering high quality broadband and voice, including 9-1-1

service. In the context of the high-cost USF program specifically,

where significant amounts of ratepayer resources are distributed to

a single provider in a given area, as the recent Rural Digital Op-

portunity Fund proved quite clearly, the ETC requirement pro-

motes local accountability and makes sure states have a role in de-

termining which carrier will become the provider of last resort in

the rural areas of each state. Moreover, states are uniquely quali-

fied to examine closely the qualifications of would-be recipients of

USF and to carry out the ETC-designation role given their prox-

imity to and familiarity with each state’s rural areas and operators.

Enhanced Flight Vision Systems.—The Committee notes that op-

erations of a 95GHz radar for use in Enhanced Flight Vision Sys-

tems (EFVS) would provide great public benefit by decreasing the

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number of flight delays and aborted or delayed landings due to low

visibility conditions. The Committee encourages the FCC to take

prompt action to make EFVS technology available to the American

public.

USF Edge-Provider.—The Committee directs the FCC to brief

the Committee within 120 days of enactment of this Act on the de-

mands associated with provider data transmitted over rural

broadband networks, including an estimate on the quantity of edge

provider data transmitted and all costs associated with the process.

E-rate for School Cybersecurity.—The Committee is concerned

about the increasing number of ransomware and other cyberattacks

on schools and libraries around the country. The FCC’s E-Rate pro-

gram funds broadband connectivity for those institutions but the

program’s cybersecurity provisions have become grossly outdated.

The FCC has initiated a proceeding seeking public comment on po-

tential changes to the E-Rate program’s support for cybersecurity

products and services. Within 90 days of enactment of this Act and

in advance of the FCC’s publication of its 2024 Eligible Services

List, the FCC is directed to conclude its proceeding by modernizing

the E-Rate program to permit schools and libraries to use E-Rate

funds for the cybersecurity protections recommended by the De-

partment of Homeland Security’s Cybersecurity and Infrastructure

Security Agency, subject to the program’s existing overall cap.

Within 30 days of enactment of this Act, the FCC is directed to

submit a report to the Committee on its efforts to ensure that

schools and libraries have additional flexibility under the E-Rate

program to purchase cybersecurity products and services that will

help protect their networks and confidential student and employee

data from cyberattacks.

Universal Service Fund Comment Period.—In recognition of the

ongoing rapidly changing communications industry landscape, the

Committee believes it is imperative that: (1) the FCC seek public

comment this fiscal year on any reform proposals that have been

submitted to the commission or otherwise previously considered

that would promote the sustainability and viability of the USF and

resolve inequities in the current contributions structure (the ‘‘Re-

form Objectives’’); and (2) the FCC act as soon as possible following

review of that record to adopt reforms that will achieve the Reform

Objectives.

Affordable Connectivity Program Report.—The Committee com-

mends FCC for its role in implementing both the Emergency

Broadband Benefit and its permanent successor the Affordable

Connectivity Program (ACP). ACP in particular was appropriated

$14.2 billion by Congress. Over 18 million households are partici-

pating in ACT. The Committee requests a report on the progress

of ACP within 30 days of enactment of this Act, which should in-

clude unobligated funding levels as well as household enrollment

data and state uptake.

Rural Broadband Access.—The Committee believes that deploy-

ment of broadband in rural and economically disadvantaged areas

is a driver of economic development, jobs, and new educational op-

portunities. The Committee supports the FCC’s efforts to judi-

ciously allocate the USF to these areas.

Spectrum Authority.—The Committee recognizes that making ad-

ditional mid-band spectrum available for commercial use is crucial

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for the United States’ leadership in the 5G race. As such, within

30 days of enactment of the Act, the Commission is directed to

brief the Committees of jurisdiction on their authority to allow tem-

porary use of spectrum.

ADMINISTRATIVE PROVISIONS

—

FEDERAL COMMUNICATIONS

COMMISSION

Section 520. The Committee continues a provision extending an

exemption from the Antideficiency Act for the USF.

Section 521. The Committee continues a provision prohibiting the

FCC from changing rules governing the USF regarding single con-

nection or primary line restrictions.

Section 522. The Committee includes a new provision on the Life-

line Minimum Service Standard.

EDERAL

EPOSIT

NSURANCE

ORPORATION

OFFICE OF THE INSPECTOR GENERAL

Appropriation, fiscal year 2023 ......................................................... $47,500,000

Budget request, fiscal year 2024 ....................................................... 49,839,000

Recommended in the bill ................................................................... 46,500,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥1,000,000

Budget request, fiscal year 2024 ................................................ ¥3,339,000

Funding for the OIG at the Federal Deposit Insurance Corpora-

tion (FDIC) is provided pursuant to 31 U.S.C. 1105(a)(25), which

requires a separate appropriation for each OIG established under

section 11(2) of the Inspector General Act of 1978.

COMMITTEE RECOMMENDATION

The Committee recommends $46,500,000 from the Deposit Insur-

ance Fund and the Federal Savings and Loan Insurance Corpora-

tion Resolution Fund to finance the OIG.

EDERAL

LECTION

OMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $81,674,000

Budget request, fiscal year 2024 ....................................................... 93,483,000

Recommended in the bill ................................................................... 74,500,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥7,174,000

Budget request, fiscal year 2024 ................................................ ¥18,983,000

The Federal Election Commission (FEC) administers the disclo-

sure of campaign finance information, enforces limitations on con-

tributions and expenditures, and performs other tasks related to

Federal elections.

COMMITTEE RECOMMENDATION

The Committee recommends $74,500,000 for the Salaries and Ex-

penses of the FEC.

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EDERAL

ABOR

ELATIONS

UTHORITY

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $29,400,000

Budget request, fiscal year 2024 ....................................................... 33,737,000

Recommended in the bill ................................................................... 28,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥1,400,000

Budget request, fiscal year 2024 ................................................ ¥5,737,000

Established by title VII of the Civil Service Reform Act of 1978,

the Federal Labor Relations Authority (FLRA) serves as a neutral

arbiter in the labor activities of non-postal Federal employees, De-

partments and agencies, and Federal unions on matters outlined in

the Act, including collective bargaining and the settlement of dis-

putes. Establishment of the FLRA recognized the role of the Fed-

eral Government as an employer. Under the Foreign Service Act of

1980, the FLRA also addresses similar issues affecting Foreign

Service personnel by providing staff support for the Foreign Service

Impasse Disputes Panel and the Foreign Service Labor Relations

Board.

COMMITTEE RECOMMENDATION

The Committee recommends $28,000,000 for the FLRA.

EDERAL

ERMITTING

MPROVEMENT

TEERING

OUNCIL

Appropriation, fiscal year 2023 ......................................................... – – –

Budget request, fiscal year 2024 ....................................................... $10,000,000

Recommended in the bill ................................................................... 9,775,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +9,775,000

Budget request, fiscal year 2024 ................................................ ¥225,000

This account funds the authorized activities of the Environ-

mental Review Improvement Fund and the Federal Permitting

Steering Council (FPISC). The FPISC leads ongoing government-

wide efforts to modernize the Federal permitting and review proc-

ess for major infrastructure projects and works with Federal agen-

cy partners to implement and oversee adherence to the statutory

requirements set forth in the Fixing America’s Surface Transpor-

tation Act.

COMMITTEE RECOMMENDATION

The Committee recommends $9,775,000 for the FPISC.

Tribal Engagement.—The Committee supports the establishment

of a program to transfer funds directly to Federally recognized

tribes to facilitate participation in the Federal review and author-

ization of FAST-41 projects. The Committee directs the FPISC to

begin disbursing funds to tribes within 90 days of the enactment

of this Act, if it has not done so already, in order to facilitate Tribal

engagement in timely, transparent, efficient, and thorough environ-

mental reviews for FAST-41 covered projects.

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EDERAL

RADE

OMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $430,000,000

Budget request, fiscal year 2024 ....................................................... 590,000,000

Recommended in the bill ................................................................... 376,530,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥53,470,000

Budget request, fiscal year 2024 ................................................ ¥213,470,000

The mission of the Federal Trade Commission (FTC) is to enforce

various Federal antitrust and consumer protection laws. Appropria-

tions for both the Antitrust Division of the Department of Justice

and the FTC are partially financed by Hart-Scott-Rodino Act

premerger filing fees. The FTC’s appropriation is also partially off-

set by Do-Not-Call registry fees.

COMMITTEE RECOMMENDATION

The Committee recommends $376,530,000 for the Salaries and

Expenses of the FTC. The Congressional Budget Office estimates

$278,000,000 of collections from Hart-Scott-Rodino premerger filing

fees and $14,000,000 of collections from Do-Not-Call fees, which

partially offset the appropriation requirement for this account.

Stopping Unethical Domestic Adoption Practices.—The Com-

mittee is highly concerned by the proliferation of unlicensed adop-

tion intermediaries increasingly engaging in fraudulent or decep-

tive practices concerning domestic private adoption. The Committee

is aware of the growing practice of entities operating on a for-profit

basis and charging exorbitant fees (e.g., ‘finder’s fee’ or ‘matching

fee’) to hopeful adoptive parents in exchange for matching services

and/or facilitating interstate adoption services. In many cases,

these brokers engage in illegal or deceptive advertising practices

potentially in violation of consumer protection laws. The Com-

mittee directs the FTC to address this issue by investigating un-

fair, deceptive, and fraudulent business practices and to evaluate

the necessary resources for the enforcement of statutory violations

in these matters. The FTC shall provide a report to the Committee

within 180 days of enactment of this Act on the findings and en-

forcement actions taken on this issue.

Marketing Claims.—The Committee is aware of ongoing coordi-

nated efforts by the FTC to review guidelines for marketers with

regard to environmental claims, including the review of the FTC’s

Green Guides. The Committee directs the FTC to engage in com-

prehensive efforts on this matter and to provide a report to the

Committee within 90 days of enactment of this Act on the progress

of the review.

Company Trade Secrets.—The Committee is concerned about the

sharing of company trade secrets as well as commercial and finan-

cial information with third parties and external stakeholders. The

Committee would like to remind the FTC of the numerous statutes

that address this matter including 15 U.S.C. § 46(f), the Federal

Trade Commission Act.

Contact Lenses.—The Committee continues to support the long-

standing regulation and oversight of the contact lens marketplace,

including enforcement of the Contact Lens Rule’s verification and

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prescription release requirements and coordination with the Food

and Drug Administration to protect patient safety.

Unfair Practices Enforcement Cases.—The FTC is directed to in-

clude in the budget a description of each enforcement action

brought using an administrative or judicial process for ‘‘unfair or

deceptive acts or practices’’ under Section 5(a) of the FTC Act. The

description for each such enforcement action shall include a sum-

mary of the budgetary resources used to pursue the case. Each de-

scription shall also provide a brief summary of the evidence and

facts used by the FTC to prove that the (1) practice causes or is

likely to cause substantial injury to consumers, (2) the injury is not

reasonably avoidable by the consumers themselves, and (3) the in-

jury is not outweighed by countervailing benefits to consumers or

competition.

HSR Aggregation.—The Committee recognizes the importance of

the Hart-Scott-Rodino Improvements Act (HSR) to protect con-

sumers from anticompetitive behavior. The Committee cautions the

FTC against using the Act in a way that was not intended by Con-

gress, specifically with respect to aggregation requirements for

HSR filings that would apply to registered investment companies.

Mutual funds, including those managed by a common investment

adviser, are by law separate entities with independent investment

objectives and strategies that are wholly owned by respective fund

shareholders. Requiring the aggregation of holdings across multiple

funds that share a common adviser and other entities will lead to

arbitrary investment caps, increased costs to funds due to addi-

tional HSR filings, and index fund tracking errors due to the re-

quired pause in carrying out transactions, among other detrimental

effects. This will impair the ability of funds to meet their share-

holders’ investment objectives, including saving for retirement and

education. Further, aggregation will harm US issuers who rely on

investments by funds and other institutional investors to raise cap-

ital. An aggregation requirement is inconsistent with how the HSR

Act is fundamentally intended to apply to transactions for invest-

ment-only purposes. The Committee expects the FTC to respect

congressional intent with respect to HSR rulemakings.

Direct Selling.—The committee is aware the FTC has proposed

complicated and comprehensive rulemakings that would have sig-

nificant impact on entrepreneurs and industry. The Committee is

concerned that the FTC’s proposed rules will unnecessarily hamper

entrepreneurs and place an undue burden on the industry. The

Committee expects the FTC to ensure that any final rule avoids

broadly sweeping in direct selling companies as the FTC indicated

it would be ‘‘too blunt an instrument’’ for the industry and that

broad coverage of the rule for direct sellers provided ‘‘no counter-

vailing benefit to consumers.’’

ADMINISTRATIVE PROVISIONS

—

FEDERAL TRADE COMMISSION

Section 530. The Committee includes a new provision to prohibit

funds for the implementation and enforcement of the Motor Vehicle

Dealers Trade Regulation Rule.

Section 531. The Committee includes a new provision prohibiting

further regulatory action on the Earning Claims and Business Op-

portunity rulemakings until a clear statement of need is made or

other industry analysis is conducted.

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Section 532. The Committee includes a new provision prohibiting

the July 9, 2021, Statement of the Commission on the Withdrawal

of the Statement of Enforcement Principles Regarding ‘‘Unfair

Methods of Competition’’.

Section 533. The Committee includes a new provision prohibiting

the October 25, 2021, Statement of the Commission on Use of Prior

Approval Provisions in Merger Orders.

ENERAL

ERVICES

DMINISTRATION

The Committee continues several reporting requirements for

General Services Administration (GSA) for fiscal year 2024 and in-

cludes new reporting requirements.

Takings and Exchanges.—Using existing statutory authorities,

GSA has been working to dispose of properties that no longer meet

the needs of Federal agencies in exchange for assets of like value.

Some of these exchanges are very complex in nature and involve

multi-year, multi-party, and multi-billion-dollar contracts. GSA

also has the statutory authority to take properties. The Committee

believes that, in some instances, employing such authorities can re-

sult in savings to the taxpayer when appropriately executed. In

order to provide increased transparency and remain informed, the

Administrator is directed to report to the Committee not later than

30 days after the end of each quarter on the use of these authori-

ties. The report shall include a description of all takings and ex-

change actions that occurred or were considered during the most

recently completed quarter of the fiscal year, including the costs,

benefits, and risks for each action. The report shall also include the

planned or considered use of takings and exchange authorities dur-

ing the remainder of the fiscal year, including the costs, benefits,

and risks of each action.

Spending Report.—Within 50 days of the end of each quarter,

GSA is directed to submit a spending report to the Committee. The

reports shall include actual obligations incurred and estimated obli-

gations for the remainder of the fiscal year for each appropriation

in the Federal Buildings Fund and regular discretionary appropria-

tions. The reports must also include obligations by object class, pro-

gram, project, and activity.

State of the Portfolio.—Within 45 days of enactment of this Act,

the Administrator shall submit to the Committee a report on the

state of the Public Buildings Service real estate portfolio for fiscal

year 2023. The content included in the report shall be comparable

to the tabular information provided in past State of the Portfolio

reports, including, but not limited to, the number of leases; the

number of buildings; amount of square feet, revenue, expenses by

type, and vacant space; top customers by square feet and annual

rent; and completed new construction, completed major repairs and

alterations, and disposals, in total and by region where appro-

priate. The report should include an estimate on unoccupied space

in federally owned buildings and privately owned buildings with

Federal leases.

Future of Federal Office Space.—As required by the explanatory

statement for Public Law 117–328, GSA has not provided periodic

briefings to the Committee on how the Federal Government can re-

duce its office space requirements based on the lessons learned

from the use of telework during the COVID–19 pandemic. The

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Committee is concerned that GSA has not adequately planned for

the optimal size of the Federal real estate inventory post-pandemic.

Given that over half of Federal leases are expiring in the next five

years, GSA is directed to report to the Committee within 60 days

of enactment of this Act, and quarterly thereafter, on specific, de-

tailed plans for Federal office space that remains unoccupied and

what workspaces will return to pre-pandemic occupancy rates or

should be consolidated in Federally-owned buildings and Federal

leases in privately owned buildings.

ing to the GSA OIG, GSA officials misled their Federal agency cus-

tomers by claiming that login.gov was compliant with Federal dig-

ital identity guidelines published by NIST. The Committee is con-

cerned that GSA knowingly billed their customers over $10 million

for login.gov even though the system did not include a biometric

comparison. In addition, GSA received $187 million from the Tech-

nology Modernization Fund for the login.gov program to increase

cybersecurity and identification and improve identity verification.

Within 30 days after the enactment of this Act, GSA must brief the

Committee on how GSA has incorporated the OIG recommenda-

tions in the login.gov program and how GSA used the funds. GSA

is directed to submit a report to the Committee, within 90 days of

enactment of this Act, on these items, as well as its plans to re-

vamp the login.gov program and include biometric comparison ca-

pabilities that meet the NIST guidelines.

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFERS OF FUNDS)

Limitations on Availability of Revenue:

Limitation on availability, fiscal year 2023 ..................................... $10,013,150,000

Limitation on availability, budget request, fiscal year 2024 .......... 10,902,187,000

Recommended in the bill ................................................................... 9,297,817,000

Bill compared with:

Availability limitation, fiscal year 2023 .................................... ¥715,333,000

Availability limitation, fiscal year 2024 request ...................... ¥1,604,370,000

The Federal Buildings Fund (FBF) finances the activities of the

Public Buildings Service (PBS), which provides space and services

for Federal agencies in a relationship similar to that of landlord

and tenant. The FBF, established in 1975, replaces direct appro-

priations with income derived from rent assessments, which ap-

proximate commercial rates for comparable space and services. The

Committee makes funds available through a process of placing lim-

itations on obligations from the FBF as a way of allocating funds

for various FBF activities.

COMMITTEE RECOMMENDATION

The Committee recommends a limitation on the availability of

funds of $9,297,817,000 for the FBF.

Historically, prior to obligating funds for prospectus-level con-

struction, alterations, or leases, GSA has waited for the project to

be authorized through a resolution approved by the Committee on

Transportation and Infrastructure in the House and the Committee

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on Environment and Public Works in the Senate as required by

title 40 of the United States Code and in accordance with the pro-

viso included in the FBF appropriations limiting the obligation of

funds to prospectus-level projects approved by the authorizing com-

mittees. The Committee supports this process and believes that

prospectus-level projects warrant a thorough review from both the

Appropriations Committee and the authorizing committees. The

Committee expects GSA to continue to follow this process.

Improving Building Resiliency.—GSA is instructed to brief the

Committee within 60 days of enactment of this Act on the criteria

GSA promulgated and issued for Federal resiliency and sustain-

ability standards for public buildings as directed by Public Law

117–328.

Executive Office for Immigration Review (EOIR) Court Space.—

The Committee is concerned with the lack of necessary facilities for

immigration judges on the U.S.-Mexico border. In Federal locations

along the U.S.-Mexico border, the Committee encourages GSA to

identify and prioritize the acquisition of available space for use by

EOIR as courtrooms, including courtrooms where the cases of de-

tained aliens subject to the Migrant Protection Protocols may be

heard. GSA should consult with the Immigration and Customs En-

forcement Office of the Principal Legal Advisor to explore ways to

co-locate Federal agencies involved in the immigration court proc-

ess. The Committee directs GSA to submit a report on its efforts

within 90 days of enactment of this Act that includes the resources

necessary to carry out this request.

Ground Source Heat Pumps at Federal Facilities.—The Com-

mittee encourages GSA to consider the full lifecycle cost and emis-

sions reduction benefits of ground source heat pumps. The Com-

mittee directs GSA to brief the Committee on the current status of

its technology acceleration program for GSA facilities, as directed

by the Energy Independence and Security Act of 2007. The briefing

should include an update on GSA’s review of cost-effective lighting

and ground source heat pumps, as directed by the Act, and the pos-

sible inclusion of these technologies.

Automated External Defibrillators in Public Buildings.—Sudden

cardiac arrest is a leading cause of death for Americans, and early

intervention and timely use of an automated external defibrillator

(AED) significantly improves the chances of survival. In 2001, Con-

gress required the creation of a public access defibrillator program

that included voluntary guidelines for deployment of AEDs in Fed-

eral buildings. However, GSA does not systematically require AED

placement as a condition of occupancy of Federal buildings. The

Committee encourages GSA to consider including AED placement

requirements in future revisions to its P100 facilities standards for

public buildings. Such requirements should harmonize with the ex-

isting guidelines published by the Department of Health and

Human Services.

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CONSTRUCTION AND ACQUISITION

Limitations on Availability of Revenue:

Limitation on availability, fiscal year 2023 ..................................... $807,809,000

Limitation on availability, budget request, fiscal year 2024 .......... 239,235,000

Recommended in the bill ................................................................... 28,290,000

Bill compared with:

Availability limitation, fiscal year 2023 .................................... ¥779,519,000

Availability limitation, fiscal year 2024 request ...................... ¥210,945,000

The construction and acquisition fund finances the project cost of

design, construction, and management and inspection costs of new

Federal facilities.

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $28,290,000 for the

following projects:

State Description Amount

PR ..................................... Clemente Ruiz-Nazario U.S. Courthouse .............................................................. 28,290,000

Mexico-American Border Infrastructure Coordinators.—Mexico is

the second largest importer of all goods into the U.S., in addition

to being the second largest recipient of all goods exported by the

U.S. The Committee is concerned that a lack of coordination be-

tween Customs and Border Protection, GSA, the Department of

Transportation, and other relevant Federal agencies is hampering

freight infrastructure development at the southwest border, critical

to maintaining this bilateral trade relationship. In fiscal year 2020,

the Committee directed GSA to designate a border infrastructure

coordinator in each region along the southwest border and report

to the Committee on its efforts and any additional resources nec-

essary to establish these positions. The Committee looks forward to

receiving an update on these efforts within 90 days of enactment

of this Act and directs GSA to continue funding these coordinators

in fiscal year 2024.

Land Ports of Entry Study.—The Committee directs GSA to sub-

mit a preliminary report, not later than 90 days after enactment

of this Act, on the status of obligated funds and prioritization of

funds for modernizing land ports of entry as obligated in the Infra-

structure Investment and Jobs Act (Public Law 117–58).

Renovation of Tomochichi U.S. Courthouse.—The Committee is

concerned about the progress of the repair and alteration of the

Tomochichi U.S. Courthouse in Savannah, Georgia. The Committee

directs GSA to provide a status update of the ongoing renovation

within 30 days of enactment and as necessary thereafter to ensure

the improvements are completed in a timely manner without fur-

ther harm.

Courthouse Feasibility Study.—The Committee recognizes that

Riverside County, California has seen substantial growth over the

past twenty years and recognizes that the George E. Brown, Jr.

Federal Building and United States Courthouse currently lacks

sufficient space for additional judges and support staff as reflected

in the Courthouse receiving a significant Urgency Evaluation score.

The Committee commends the decision by the United States Judi-

cial Conference to approve a GSA phase I feasibility study of the

George E. Brown Courthouse and looks forward to a thorough and

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punctual review process that will help address the urgent space

needs of the court. The Committee directs GSA, 180 days after en-

actment of this Act, to provide the Committee with a briefing on

the status of the study.

Flexible Workspace Services.—The Committee has not yet re-

ceived GSA’s report on the agency’s implementation of its flexible

coworking services contracts, as required in House Report 117–393.

GSA is directed to brief the Committee within 30 days of enact-

ment of this Act on their preliminary findings.

Unused Southwest Border Barrier Material.—GSA is directed to

provide to the Committee, not later than 60 days after enactment

of this Act, a report of all unused materials, such as steel bollards,

purchased for construction of barriers on the southwest border that

remain unused and subject to the control of the Federal govern-

ment, including the Department of Homeland Security and the

U.S. Army Corps of Engineers. The report shall include a descrip-

tion of the types and amounts of unused materials; an analysis of

possession of such materials among Federal agencies and the asso-

ciated cost to store such materials; a description of the planned use

of such materials; and an analysis of whether such materials

should be declared surplus property available to be donated to a

state or public agency, nonprofit organization, or available for pub-

lic auction, including an explanation of the determination for any

materials that are not declared surplus property.

REPAIRS AND ALTERATIONS

Limitations on Availability of Revenue:

Limitation on availability, fiscal year 2023 ..................................... $662,280,000

Limitation on availability, budget request, fiscal year 2024 .......... 1,865,268,000

Recommended in the bill ................................................................... 568,848,000

Bill compared with:

Availability limitation, fiscal year 2023 .................................... ¥93,432,000

Availability limitation, fiscal year 2024 request ...................... ¥1,296,420,000

The repairs and alterations activity funds the project cost of de-

sign, construction, management and inspection for the repair, alter-

ation, and modernization of existing real estate assets in addition

to various special programs.

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $568,848,000 to re-

main available until expended for repairs and alterations.

Major Repairs and Alterations.—The Committee recommends

$106,405,000 for repairs and alterations projects that exceed the

prospectus threshold. The funds are provided to address GSA’s

highest priority facility needs as detailed in the budget submission.

KY ..................... Paducah, KY Federal Building and U.S. Court-

house.

$40,479,000

OK ..................... Holloway U.S. Courthouse and U.S. Post Office .. $65,926,000

Basic Repairs and Alterations.—The Committee recommends

$388,710,000 for non-recurring repairs and alterations projects be-

tween $10,000 and the current prospectus threshold of $3,613,000.

Special Emphasis Programs.—The Committee recommends

$73,733,000 for special emphasis programs. This funding includes:

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Consolidation Activities ..................................................................... $11,733,000

Fire Protection and Life Safety Program ......................................... $32,000,000

Judicial Capital Security Program .................................................... $30,000,000

Major Repair and Alteration of Washington, DC Regional Office

Building.—The Committee notes there are significant cost in-

creases and scope changes with GSA’s proposal to renovate the Re-

gional Office Building (ROB) at 301 7th Street, SW in Washington,

DC. The Committee understands the modernized ROB will now

house employees of the Federal Emergency Management Agency’s

Headquarters and the Department of Homeland Security’s (DHS)

Management Office. The renovation will require additional funds

than the amount originally authorized and appropriated in pre-

vious fiscal years. GSA and DHS are directed to provide a joint

briefing to the Committee within 60 days of enactment of this Act

on the additional design and construction costs to modernize the

ROB. GSA should pause further action on issuing a design-build

construction award for the ROB renovation until the Committee is

briefed on available options to fully address concerns related to es-

calating modernization costs.

RENTAL OF SPACE

Limitations on Availability of Revenue:

Limitation on availability, fiscal year 2023 ..................................... $5,561,680,000

Limitation on availability, budget request, fiscal year 2024 .......... 5,724,298,000

Recommended in the bill ................................................................... 5,719,298,000

Bill compared with:

Availability limitation, fiscal year 2023 .................................... +157,618,000

Availability limitation, fiscal year 2024 request ...................... ¥5,000,000

The rental of space program funds lease payments made to pri-

vately-owned buildings, temporary space for Federal employees

during major repair and alteration projects, and relocations from

Federal buildings due to forced moves and relocations as a result

of health and safety conditions.

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $5,719,298,000 for

rental of space. The Committee expects GSA to continue its efforts

to reduce its leased inventory.

U.S. Space Command Headquarters Leases.—The Committee is

concerned about the waste of taxpayer dollars associated with GSA

leases for the United States Space Command headquarters facili-

ties. Therefore, the Committee directs the Administrator, in coordi-

nation with the Secretary of the Air Force, to provide a report with-

in 90 days of enactment of this Act regarding all lease agreements

associated with the United States Space Command headquarters.

The report shall include, at a minimum, the leasing agency re-

quirements, the Occupancy Agreement, the Lease Agreement, and

the timeline with all events for each lease.

BUILDING OPERATIONS

Limitations on Availability of Revenue:

Limitation on availability, fiscal year 2023 ..................................... $2,981,381,000

Limitation on availability, budget request, fiscal year 2024 .......... 3,073,386,000

Recommended in the bill ................................................................... 2,981,381,000

Bill compared with:

Availability limitation, fiscal year 2023 .................................... – – –

Availability limitation, fiscal year 2024 request ...................... ¥92,005,000

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The building operations account funds services that Federal

agencies in GSA-owned buildings and occasionally in GSA-leased

buildings, when not provided by the lessor, directly benefit from,

such as building security; cleaning; utilities; window washing; snow

removal; pest control; and maintenance of heating, air conditioning,

ventilating, plumbing, sewage, electrical, elevator, escalator, and

fire protection systems. In addition, this account funds all the per-

sonnel and administrative expenses for carrying out construction

and acquisition, repair and alteration, and leasing activities.

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $2,981,381,000 for

building operations and maintenance. Not later than 60 days after

enactment of this Act, the Administrator shall submit to the Com-

mittee a spend plan, by region, regarding the use of these funds.

GENERAL ACTIVITIES

GOVERNMENT

WIDE POLICY

Appropriation, fiscal year 2023 ......................................................... $71,186,000

Budget request, fiscal year 2024 ....................................................... 74,389,000

Recommended in the bill ................................................................... 68,720,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥2,466,000

Budget request, fiscal year 2024 ................................................ ¥5,669,000

The Office of Government-Wide Policy provides Federal agencies

with guidelines, best practices, and performance measures for com-

plying with all the laws, regulations, and executive orders related

to acquisition and procurement, personal and real property man-

agement, travel and transportation management, electronic cus-

tomer service delivery, and use of Federal advisory committees.

COMMITTEE RECOMMENDATION

The Committee recommends $68,720,000 for the Office of Gov-

ernment-wide Policy.

Chinese Technology and Equipment in Federal Government

Buildings and Leases.—The Committee is aware of GSA’s ongoing

process to identify equipment in certain Federal properties and

Federally-leased properties that is on the Federal Communications

Commission Covered List (List of Equipment and Services Covered

by Section 2 of the Secure Networks Act), which leaves Federal

agencies unnecessarily exposed to cyber vulnerabilities and foreign

espionage. It is essential to our national security that all Chinese

technology or equipment, including that made by Huawei, ZTE,

Hikvision, Hytera, and Dahua, installed in or on Federal Govern-

ment property or Federally-leased properties is removed and re-

placed expeditiously. These companies are known to be backed,

owned, or operated by the Chinese Communist Party. The Com-

mittee requests an inventory from GSA on the status of Chinese

technology and equipment on Federal property or privately-owned

buildings with Federal leases within 60 days of enactment of this

Act.

First Aid Kit Enhancements.—The Committee is aware that first

aid products endorsed by the Department of Defense’s Committee

on Tactical Combat Casualty Care (CoTCC) help to reduce death

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or trauma as a result of bleeding. To improve outcomes in crisis sit-

uations, the Committee encourages GSA to incorporate CoTCC-sup-

ported dressings in first aid kits in Federal buildings, Federal

courthouses, and Federal law enforcement vehicles.

System for Award Management.—The Committee is aware of

challenges with the implementation of GSA’s System for Award

Management (SAM) modernization, including delays in issuing

unique entity identifiers to registrants. Within 60 days of enact-

ment of this Act, GSA is instructed to report to the Committee on

the steps being taken to resolve these issues, the cost overruns ex-

perienced in this program, and a strategic plan for SAM’s future.

This report should include a comparison of the initial cost esti-

mates for the changes to the SAM registration process and the ac-

tual costs realized to date. It should also include the baseline costs

of any contracts let for the implementation of this program com-

pared to the amounts spent since award of these contracts, and any

other contracts related to improving SAM. The report should in-

clude a delineation of the steps GSA is taking to repair the prob-

lems that have been identified, and a timeline for completing these

repairs. Finally, the report should lay out GSA’s strategic plan for

the future of SAM, including plans to ensure competition in the ac-

quisition of support services and to perform fraud screening.

Per Diem Rate Review.—Given the substantial changes in popu-

lation following the COVID–19 pandemic, the Committee encour-

ages GSA to review per diem rates and determine if metropolitan

statistical areas should be used as boundary areas instead of coun-

ty lines. GSA should particularly focus on non-standard per diem

rates in cities that have significantly increased in population since

fiscal year 2021, such as Austin, Charlotte, Dallas, Miami, and

Phoenix.

OPERATING EXPENSES

Appropriation, fiscal year 2023 ......................................................... $54,478,000

Budget request, fiscal year 2024 ....................................................... 58,733,000

Recommended in the bill ................................................................... 50,955,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥3,523,000

Budget request, fiscal year 2024 ................................................ ¥7,778,000

This account provides appropriations for activities that are not

feasible for a user fee arrangement. Included under this heading

are personal property utilization and donation activities of the Fed-

eral Acquisition Service; real property utilization and disposal ac-

tivities of the PBS; select management and administration activi-

ties including support of government-wide emergency management

activities; and top-level, agency-wide management communication

activities.

COMMITTEE RECOMMENDATION

The Committee recommends $50,955,000 for Operating Ex-

penses. Within the amount provided, $27,380,000 is for Real and

Personal Property Management and Disposal and $23,575,000 is

for the Office of the Administrator.

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CIVILIAN BOARD OF CONTRACT APPEALS

Appropriation, fiscal year 2023 ......................................................... $10,352,000

Budget request, fiscal year 2024 ....................................................... 10,597,000

Recommended in the bill ................................................................... 9,580,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥772,000

Budget request, fiscal year 2024 ................................................ ¥1,017,000

This account provides appropriations for the Civilian Board of

Contract Appeals (CBCA). The CBCA is charged with facilitating

the prompt, efficient, and inexpensive resolution of disputes

through the use of alternate dispute resolution.

COMMITTEE RECOMMENDATION

The Committee recommends $9,580,000 for the CBCA.

OFFICE OF INSPECTOR GENERAL

Appropriation, fiscal year 2023 ......................................................... $74,583,000

Budget request, fiscal year 2024 ....................................................... 78,618,000

Recommended in the bill ................................................................... 69,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥5,583,000

Budget request, fiscal year 2024 ................................................ ¥9,618,000

The GSA IG provides agency-wide audit and investigative func-

tions to identify and correct GSA management and administrative

deficiencies that create conditions for existing or potential in-

stances of fraud, waste, and mismanagement. The audit function

provides internal and contract audits. Internal audits review and

evaluate all facets of GSA operations and programs, test internal

control systems, and develop information to improve operating effi-

ciencies and enhance customer services. Contract audits provide

professional advice to GSA contracting officials on accounting and

financial matters relative to the negotiation, award, administra-

tion, repricing, and settlement of contracts. The investigative func-

tion provides for the detection and investigation of improper and il-

legal activities involving GSA programs, personnel, and operations.

COMMITTEE RECOMMENDATION

The Committee recommends $69,000,000 for the GSA IG.

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

Appropriation, fiscal year 2023 ......................................................... $5,200,000

Budget request, fiscal year 2024 ....................................................... 5,500,000

Recommended in the bill ................................................................... 5,500,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +300,000

Budget request, fiscal year 2024 ................................................ – – –

This appropriation provides pensions, office staff, and related ex-

penses for former Presidents Jimmy Carter, William Clinton,

George W. Bush, Barack Obama, and Donald Trump.

COMMITTEE RECOMMENDATION

The Committee recommends $5,500,000 for allowances and office

staff for former Presidents.

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FEDERAL CITIZEN SERVICES FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $90,000,000

Budget request, fiscal year 2024 ....................................................... 90,000,000

Recommended in the bill ................................................................... 55,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥35,000,000

Budget request, fiscal year 2024 ................................................ ¥35,000,000

The Federal Citizen Services Fund provides for the salaries and

expenses of GSA’s Office of Citizen Services and Innovative Tech-

nologies. The Fund enables citizen access and engagement with

government through an array of operational programs and direct

citizen-facing services. The Fund also provides electronic or other

methods of access to and understanding of Federal information,

benefits, and services to citizens, businesses, local governments,

and the media.

COMMITTEE RECOMMENDATION

The Committee recommends $55,000,000 for the Federal Citizen

Services Fund.

PRE

ELECTION PRESIDENTIAL TRANSITION

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... – – –

Budget request, fiscal year 2024 ....................................................... $10,413,000

Recommended in the bill ................................................................... 10,413,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +10,413,000

Budget request, fiscal year 2024 ................................................ – – –

The Committee recommends $10,413,000 for the Pre-Election

Presidential Transition appropriation. In accordance with the Pres-

idential Transition Act of 1963, GSA will provide suitable office

space for Pre-Election transition activities, acquire communication

services and information technology equipment, provide for print-

ing and supplies associated with the presidential transition.

TECHNOLOGY MODERNIZATION FUND

Appropriation, fiscal year 2023 ......................................................... $50,000,000

Budget request, fiscal year 2024 ....................................................... 200,000,000

Recommended in the bill ................................................................... – – –

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥50,000,000

Budget request, fiscal year 2024 ................................................ ¥200,000,000

This account provides appropriations for the Technology Mod-

ernization Fund (TMF) which is a full cost recovery fund that fi-

nances the transition of IT systems for Federal agencies to modern

IT platforms.

COMMITTEE RECOMMENDATION

The Committee recommendation does not include funding for the

TMF. The Committee notes that the TMF received $1,000,000,000

in the American Rescue Plan Act of 2022 (Public Law 117–2). As

of the first quarter of 2023, more than $350,000,000 remains unob-

ligated.

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As the TMF approaches the 5-year mark, the Committee directs

GSA and the TMF Board within 60 days of enactment of this Act

to provide a full accounting of TMF project repayments.

ASSET PROCEEDS AND SPACE MANAGEMENT FUND

Appropriation, fiscal year 2023 ......................................................... – – –

Budget request, fiscal year 2024 ....................................................... $16,000,000

Recommended in the bill ................................................................... 4,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +4,000,000

Budget request, fiscal year 2024 ................................................ ¥12,000,000

This account provides appropriations for the purposes of carrying

out actions pursuant to the recommendations of the Public Build-

ings Reform Board consistent with Public Law 114–287.

COMMITTEE RECOMMENDATION

The Committee recommends $4,000,000 for the Asset Proceeds

and Space Management Fund.

WORKING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $5,900,000

Budget request, fiscal year 2024 ....................................................... 11,300,000

Recommended in the bill ................................................................... 4,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥1,900,000

Budget request, fiscal year 2024 ................................................ ¥7,300,000

This account is a revolving fund that finances GSA’s administra-

tive services. Examples of these core support services include: IT

management; budget and financial management; legal services;

human resources; equal employment opportunity services; procure-

ment and contracting oversight; emergency planning and response;

and facilities management of GSA-occupied space. The Working

Capital Fund offices also provide external administrative services

such as human resource management for other Federal agencies,

including small boards and commissions on a reimbursable basis.

COMMITTEE RECOMMENDATION

The Committee recommends $4,000,000 for the Working Capital

Fund.

ADMINISTRATIVE PROVISIONS

—

GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

Section 540. The Committee continues a provision providing au-

thority for the use of funds for the hire of motor vehicles.

Section 541. The Committee continues a provision providing that

funds made available for activities of the Federal Buildings Fund

may be transferred between appropriations with advance approval

of the Committees on Appropriations of the House and the Senate.

Section 542. The Committee continues a provision requiring

funds proposed for developing courthouse construction requests to

meet appropriate standards and the priorities of the Judicial Con-

ference.

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Section 543. The Committee continues a provision providing that

no funds may be used to increase the amount of occupiable square

feet, provide cleaning services, security enhancements, or any other

service usually provided, to any agency which does not pay the as-

sessed rent.

Section 544. The Committee continues a provision that permits

GSA to pay small claims (up to $250,000) made against the Federal

Government.

Section 545. The Committee continues a provision requiring the

Administrator to ensure that the delineated area of procurement

for all lease agreements is identical to the delineated area included

in the prospectus unless prior notice is given to the committees of

jurisdiction.

Section 546. The Committee continues a provision requiring a

spend plan for certain accounts and programs.

Section 547. The Committee includes a new provision prohibiting

GSA, or any other Department or agency, from leasing temporary

or permanent facilities for use by the United States Space Com-

mand for headquarters operations until the GSA Administrator, in

coordination with the Secretary of the Air Force, submits a report

to Congress on U.S. Space Command leased facilities.

ARRY

S T

RUMAN

CHOLARSHIP

OUNDATION

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $3,000,000

Budget request, fiscal year 2024 ....................................................... 3,000,000

Recommended in the bill ................................................................... 2,500,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥500,000

Budget request, fiscal year 2024 ................................................ ¥500,000

The Harry S Truman Scholarship Foundation is an independent

agency established by Congress in 1975 (Public Law 93–642) to en-

courage exceptional college students to pursue careers in public

service through the Truman Scholarship program. The Truman

Scholarship is a merit-based award available to college juniors who

plan to pursue careers in government or elsewhere in public serv-

ice.

COMMITTEE RECOMMENDATION

The Committee recommends $2,500,000 for the Harry S Truman

Scholarship Foundation.

ERIT

YSTEMS

ROTECTION

OARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $52,000,000

Budget request, fiscal year 2024 ....................................................... 61,533,000

Recommended in the bill ................................................................... 49,345,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥2,655,000

Budget request, fiscal year 2024 ................................................ ¥12,188,000

The Merit Systems Protection Board (MSPB) is an independent,

quasi-judicial agency established to protect the civil service merit

system. The MSPB adjudicates appeals primarily involving per-

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sonnel actions, certain Federal employee complaints, and retire-

ment benefits issues. The MSPB reports to the President whether

merit systems are sufficiently free of prohibited employment prac-

tices.

COMMITTEE RECOMMENDATION

The Committee recommends $47,000,000 for the MSPB. The rec-

ommendation includes a transfer of $2,345,000 from the Civil Serv-

ice Retirement and Disability Fund.

ORRIS

K. U

DALL AND

TEWART

L. U

DALL

OUNDATION

MORRIS K

UDALL AND STEWART L

UDALL TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $1,800,000

Budget request, fiscal year 2024 ....................................................... 2,000,000

Recommended in the bill ................................................................... 1,800,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ ¥200,000

The General Fund payment to the Morris K. Udall and Stewart

L. Udall Trust Fund is invested in Treasury securities with matu-

rities suitable to meet the needs of the Fund. Interest earnings

from the investments are used to carry out the activities of the

Morris K. Udall and Stewart L. Udall Foundation. The Foundation

awards scholarships, fellowships, and grants, and funds activities

of the Udall Center. The Foundation also supports training pro-

grams for professionals in healthcare policy and public policy, such

as the Native Nations Institute (NNI). NNI, based at the Univer-

sity of Arizona, provides Native Americans with leadership and

management training and analyzes policies relevant to tribes.

COMMITTEE RECOMMENDATION

The Committee recommends $1,800,0000 for the Morris K. Udall

and Stewart L. Udall Trust Fund.

ENVIRONMENTAL DISPUTE RESOLUTION FUND

Appropriation, fiscal year 2023 ......................................................... $3,943,000

Budget request, fiscal year 2024 ....................................................... 4,044,000

Recommended in the bill ................................................................... 3,296,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥647,000

Budget request, fiscal year 2024 ................................................ ¥748,000

The John S. McCain III National Center for Environmental Con-

flict Resolution is a Federal program established by Public Law

105–156 to assist parties in resolving environmental, natural re-

source, and public lands conflicts. The National Center is part of

the Morris K. Udall and Stewart L. Udall Foundation and serves

as an impartial, nonpartisan institution providing professional ex-

pertise, services, and resources to all parties involved in such dis-

putes. The National Center helps parties determine whether col-

laborative problem solving is appropriate for specific environmental

conflicts, how and when to bring all the parties together for discus-

sion, and whether a third-party facilitator or mediator might be

helpful in assisting the parties in their efforts to reach consensus

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or to resolve the conflict. In addition, the National Center main-

tains a roster of qualified facilitators and mediators with substan-

tial experience in environmental conflict resolution and can help

parties in selecting an appropriate neutral professional.

COMMITTEE RECOMMENDATION

The Committee recommends $3,296,000 for the Environmental

Dispute Resolution Fund.

ATIONAL

RCHIVES AND

ECORDS

DMINISTRATION

OPERATING EXPENSES

Appropriation, fiscal year 2023 ......................................................... $427,520,000

Budget request, fiscal year 2024 ....................................................... 443,213,000

Recommended in the bill ................................................................... 427,250,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥270,000

Budget request, fiscal year 2024 ................................................ ¥15,963,000

The National Archives and Records Administration (NARA) is an

independent agency established in 1934 to identify, access, protect,

preserve, and make available for use the important documents and

records of all three branches of the Federal Government. Today,

NARA’s responsibilities also include publishing the Federal Reg-

ister, mediating Freedom of Information Act disputes, and coordi-

nating controlled unclassified information.

COMMITTEE RECOMMENDATION

The Committee recommends $427,250,000 for NARA to support

basic operations, services to the public, operation of Public Librar-

ies, and declassification review.

NARA is also directed to provide to the Committee, within 90

days of enactment of this Act, with comprehensive financial projec-

tions—including revenue and operational cost estimates—for the

Federal Records Centers Program for the next five years and legis-

lative recommendations for the future of the program.

National Personnel Records Center (NPRC).—The Committee is

aware that veterans have waited up to 18 months for access to cer-

tain military records required by various Federal and civilian agen-

cies. The Committee directs the NPRC to comply with the fiscal

year 2023 National Defense Authorization Act that requires NARA

to maintain the ‘‘staffing levels and telework arrangement that en-

able the maximum processing of records requests possible in order

to achieve the performance goal of responding to 90 percent of all

requests in 20 days or less . . . ’’. Additionally, NARA shall report

to the Committee within 90 days after enactment of this Act on the

current status of staffing at the NPRC, any backlog of records re-

quests, and the steps it is taking to eliminate the backlog. In addi-

tion, the Committee directs NARA to prioritize and quickly address

any backlogs in digitalizing paper-based military personnel files

and processing veterans’ paperwork, which is necessary for vet-

erans’ claims to be processed.

Transition to Electronic Records.—The Committee supports ef-

forts by OMB and NARA to implement the government’s transition

to electronic records, including the issuance of OMB NARA Memo-

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randum M–23–07. The Committee urges NARA to work with agen-

cies to minimize any delays to the deadlines specified in M–23–07.

OFFICE OF INSPECTOR GENERAL

Appropriation, fiscal year 2023 ......................................................... $5,980,000

Budget request, fiscal year 2024 ....................................................... 6,400,000

Recommended in the bill ................................................................... 6,400,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +420,000

Budget request, fiscal year 2024 ................................................ – – –

The NARA OIG provides audits and investigations and serves as

an independent, internal advocate to promote economy, efficiency,

and effectiveness within NARA.

COMMITTEE RECOMMENDATION

The Committee recommends $6,400,000 for the NARA OIG.

REPAIRS AND RESTORATION

Appropriation, fiscal year 2023 ......................................................... $22,224,000

Budget request, fiscal year 2024 ....................................................... 8,000,000

Recommended in the bill .................................................................. 8,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥14,224,000

Budget request, fiscal year 2024 ................................................ – – –

The NARA Repairs and Restoration account provides for the re-

pair, alteration, and improvement of Archives facilities and Presi-

dential libraries nationwide. It enables NARA to maintain its facili-

ties in proper condition for visitors, researchers, and employees, as

well as to ensure the structural integrity of its buildings.

COMMITTEE RECOMMENDATION

The Committee recommends $8,000,000 for Repairs and Restora-

tion.

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

Appropriation, fiscal year 2023 ......................................................... $12,000,000

Budget request, fiscal year 2024 ....................................................... 10,000,000

Recommended in the bill ................................................................... 10,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥2,000,000

Budget request, fiscal year 2024 ................................................ – – –

The National Historical Publications and Records Commission

(NHPRC) program provides for grants to preserve and publish

records that document American history. Administered within

NARA, the NHPRC helps State, local, and private institutions pre-

serve non-Federal records; helps historical organizations publish

the papers of major figures in American history; and helps archi-

vists and records managers improve their techniques, training, and

ability to serve a range of information to users.

COMMITTEE RECOMMENDATION

The Committee recommends $10,000,000 for NHPRC grants.

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ATIONAL

REDIT

NION

DMINISTRATION

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

Appropriation, fiscal year 2023 ......................................................... $3,500,000

Budget request, fiscal year 2024 ....................................................... 4,000,000

Recommended in the bill ................................................................... 3,500,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ ¥500,000

The Community Development Revolving Loan Fund Program

(CDRLF) was established in 1979 to assist officially designated

low-income credit unions in providing basic financial services to

low-income communities. Low-interest loans and deposits are made

available to assist these credit unions. Loans or deposits are nor-

mally repaid in five years, although shorter repayment periods may

be considered. Technical assistance grants are also available to

low-income credit unions. Earnings generated from the CDRLF are

available to fund technical assistance grants in addition to funds

provided in appropriations acts. Grants are available for improving

operations as well as addressing safety and soundness issues.

COMMITTEE RECOMMENDATION

The Committee recommends $3,500,000 for the National Credit

Union Administration’s (NCUA) CDRLF for technical assistance

grants.

CDRLF Oversight.—To ensure proper oversight capabilities are

in place for CDRLF grant and loan recipients, the NCUA is di-

rected to brief the Committee within 90 days of enactment of this

Act on how the program is overseen including how the NCUA en-

sures grant and loan dollars are used according to the rules of the

program.

FFICE OF

OVERNMENT

THICS

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $24,500,000

Budget request, fiscal year 2024 ....................................................... 23,037,000

Recommended in the bill ................................................................... 22,377,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥2,123,000

Budget request, fiscal year 2024 ................................................ ¥660,000

The Office of Government Ethics (OGE), established by the Eth-

ics in Government Act of 1978, partners with other executive

branch Departments and agencies to foster high ethical standards.

OGE issues and monitors rules, regulations, and memoranda per-

taining to the prevention and resolution of conflicts of interest,

post-employment restrictions, standards of conduct, and financial

disclosure for executive branch employees. OGE is also responsible

for creating and running an electronic financial disclosure system

under the Stop Trading on Congressional Knowledge (STOCK) Act.

COMMITTEE RECOMMENDATION

The Committee recommends $22,377,000 for the OGE.

Office of Government Ethics Compliance Review.—The Com-

mittee is concerned about senior executive branch employees own-

ing stocks in companies regulated by their employing agency. The

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Office of Government Ethics (OGE) is directed to brief the Com-

mittee within 60 days of enactment of this Act on the steps OGE

is taking on ethical compliance across Federal agencies regarding

employees owning stocks that may create a conflict.

FFICE OF

ERSONNEL

ANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF TRUST FUNDS)

Appropriation, fiscal year 2023 ......................................................... $385,708,000

Budget request, fiscal year 2024 ....................................................... 461,764,000

Recommended in the bill ................................................................... 339,648,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥46,060,000

Budget request, fiscal year 2024 ................................................ ¥122,116,000

The Office of Personnel Management (OPM) is the Federal agen-

cy responsible for management of Federal human resources policy

and oversight of the merit civil service system. OPM provides a

government-wide policy framework for personnel matters, advises

and assists agencies (often on a reimbursable basis), and ensures

that agency operations are consistent with requirements of law.

OPM oversees the examination of applicants for employment;

issues regulations and policies on hiring, classification and pay,

training, and investigations; and manages many other aspects of

personnel management. The agency also operates a reimbursable

training program for the Federal Government’s managers and ex-

ecutives. In addition, OPM is responsible for administering the re-

tirement, health benefits, and life insurance programs covering

most Federal employees, retired Federal employees, and their sur-

vivors.

COMMITTEE RECOMMENDATION

The Committee recommends $164,934,000 for OPM’s General

Fund. The Committee also recommends $174,714,000 for adminis-

trative expenses to be transferred from the appropriate trust funds.

The Committee reminds OPM of its obligation to engage in prior

consultation with and notify the Committee of any reorganizations,

restructurings, new programs, or elimination of programs as de-

scribed in title VI of this Act.

Low Staffing at Bureau of Prisons (BOP) Facilities.—The Com-

mittee is concerned with the consistently low staffing levels at BOP

facilities. Low staffing levels forces the BOP to utilize augmenta-

tion staffing, which makes the facilities less safe and restricts their

ability to offer reentry programming and implement the First Step

Act. OPM is directed to analyze how the General Schedule levels

for BOP employees can be modified or reformed to address concerns

about pay-related matters, and to report on these efforts no later

than 90 days after enactment of this Act.

Direct Hire Authority at BOP Facilities.—The Committee is con-

cerned with the long process for hiring BOP employees, particu-

larly when facing a facility-wide staffing crisis. Six BOP facilities

were recently granted direct hire authority to address their staffing

crises, and all six facilities have successfully improved their staff-

ing levels. Based on this success, OPM is directed to develop proce-

dures to grant direct hiring authority to all BOP facilities to ad-

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dress the Bureau-wide staffing crisis, and to report on these efforts

no later than 90 days after enactment of this Act.

Cybersecurity Workforce.—OPM is directed to expand efforts to

teach Federal personnel responsible for hiring, retention, and em-

ployee development programs government-wide to more effectively

utilize existing hiring authorities, compensation flexibilities, em-

ployee development programs, and other resources for Federal

cyber workforce development.

Retirement Services.—The Committee is concerned with the

lengthy delays to process retirement and survivor claims and up-

date health insurance benefits, as well as other critical changes

that impact retirement benefits. These delays cause hardships for

Federal annuitants and their families. OPM is directed to brief the

Committee quarterly on OPM’s efforts and progress to reduce these

delays. OPM is directed to post on its website monthly reports indi-

cating the length of time it takes to process initial retirement

claims, applications for survivor benefits, annuitant health benefit

adjustments, and other Federal Employee Health Benefits and Fed-

eral Employee Group Life Insurance adjustments. Additionally,

OPM is expected to keep the Committee informed on the measures

OPM is taking to decrease the processing delays and improve cus-

tomer service levels, including the average time it takes a caller to

reach an OPM operator and the number and percentage of unan-

swered calls.

Federal Financial Systems.—The Committee continues to support

OPM’s efforts to modernize and replace the Federal Financial Sys-

tems, which is the core centralized accounting system used to man-

age OPM’s trust funds. OPM is directed to continue to brief the

Committee as outlined in House Report 116–456.

Quarterly Briefings on Modernization.—The Committee is con-

cerned with OPM’s modernization efforts and requests the continu-

ation of quarterly briefings to the Committees. Each briefing

should include the total IT modernization budget broken out by

project; obligations and unobligated balances by project; and the

progress, anticipated completion date, and significant concerns for

each project.

OPM IT Working Capital Fund.—In fiscal year 2022 OPM cre-

ated the Information Technology Working Capital Fund (IT–WCF)

utilizing the authority provided to Federal agencies by the Modern-

izing Government Technology Act (Public Law 115–91). The IT–

WCF provides sustained funding to improve and replace OPM’s leg-

acy systems and enhance their cybersecurity posture. Within 90

days after enactment of this Act, OPM is directed to brief the Com-

mittee on the IT–WCF’s balance, oversight and management, and

projects funded through the IT–WCF.

Federal Executive Boards (FEBs).—The Committee opposes

OPM’s plan to make FEB funding mandatory for agencies by re-

quiring them to pay specific sums set by OMB into the OPM re-

volving fund, which is intended for voluntary, fee for service trans-

actions.

Improper Payments.—The Committee is concerned that the OPM

lacks a plan to establish a mechanism to monitor, identify, and re-

move ineligible family members who are already enrolled in Fed-

eral Employee Health Benefits (FEHB) plans. The OPM IG has

cited in their October 2022 report on Top Management Challenges

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for FY 2023, that this oversight resulted in estimated improper

payments for the program of up to $3 billion. Within 90 days of en-

actment of this Act, OPM is directed to brief the Committee on

their plan to monitor, identify, and ensure the eligibility of family

members on FEHB plans.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

Appropriation, fiscal year 2023 ......................................................... $36,395,000

Budget request, fiscal year 2024 ....................................................... 45,784,000

Recommended in the bill ................................................................... 33,233,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥3,162,000

Budget request, fiscal year 2024 ................................................ ¥12,551,000

This appropriation provides for the OIG’s agency-wide audit, in-

vestigative, evaluation, and inspection functions, which identify

management and administrative deficiencies, fraud, waste, and

mismanagement. The OIG performs internal agency audits and in-

surance audits and offers contract audit services. Internal audits

review and evaluate all facets of agency operations, including fi-

nancial statements. Evaluation and inspection services provide de-

tailed technical evaluations of agency operations. Insurance audits

review the operations of health and life insurance carriers, health

care providers, and insurance subscribers. Contract auditors pro-

vide professional advice to agency contracting officials on account-

ing and financial matters regarding the negotiation, award, admin-

istration, repricing, and settlement of contracts. The investigative

function provides for the detection and investigation of improper

and illegal activities involving programs, personnel, and operations.

COMMITTEE RECOMMENDATION

The Committee recommends a general fund appropriation of

$5,150,000 for the OIG. In addition, the recommendation includes

$28,083,000 from the appropriate trust funds.

FFICE OF

PECIAL

OUNSEL

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $31,904,000

Budget request, fiscal year 2024 ....................................................... 33,759,000

Recommended in the bill ................................................................... 31,904,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ ¥1,855,000

The Office of Special Counsel (OSC): (1) investigates Federal em-

ployee allegations of prohibited personnel practices (including re-

prisal for whistleblowing) and, when appropriate, prosecutes before

the Merit Systems Protection Board; (2) provides a channel for

whistleblowing by Federal employees; and (3) enforces the Hatch

Act. The OSC may transmit whistleblower allegations to the agen-

cy head concerned and require an agency investigation and a report

to Congress and the President when appropriate. Additionally,

OSC is responsible for the enforcement of the civilian employment

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and reemployment rights of military service members under the

Uniformed Services Employment and Re-employment Rights Act.

COMMITTEE RECOMMENDATION

The Committee recommends $31,904,000 for the OSC.

RIVACY AND

IVIL

IBERTIES

VERSIGHT

OARD

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $10,600,000

Budget request, fiscal year 2024 ....................................................... 14,385,000

Recommended in the bill ................................................................... 13,700,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +3,100,000

Budget request, fiscal year 2024 ................................................ ¥685,000

The Privacy and Civil Liberties Oversight Board (the Board) is

an independent agency within the Executive Branch whose purpose

is to (1) analyze and review actions the Executive Branch takes to

protect the nation from terrorism, ensuring that the need for such

actions is balanced with the need to protect privacy and civil lib-

erties; and (2) ensure that liberty concerns are appropriately con-

sidered in the development and implementation of laws, regula-

tions, and policies related to efforts to protect the nation against

terrorism. The Board consists of four part-time members and a full-

time chairman.

COMMITTEE RECOMMENDATION

The Committee recommends $13,700,000 for the Board.

UBLIC

UILDINGS

EFORM

OARD

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $4,000,000

Budget request, fiscal year 2024 ....................................................... 4,000,000

Recommended in the bill ................................................................... 3,605,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥395,000

Budget request, fiscal year 2024 ................................................ ¥395,000

The Public Buildings Reform Board was created under the Fed-

eral Assets Sale and Transfer Act of 2016 to identify opportunities

for the Government to significantly reduce its inventory of civilian

real property and reduce cost to the Government.

COMMITTEE RECOMMENDATION

The Committee recommends $3,605,000 funds for the Public

Buildings Reform Board.

ECURITIES AND

XCHANGE

OMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $2,209,770,000

Budget request, fiscal year 2024 ....................................................... 2,475,488,000

Recommended in the bill ................................................................... 2,039,321,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥170,449,000

Budget request, fiscal year 2024 ................................................ ¥436,167,000

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The primary mission of the Securities and Exchange Commission

(SEC) is to protect investors, maintain the integrity of the securi-

ties markets, and assure adequate information on the capital mar-

kets is made available to market participants and policymakers. To

facilitate this, the SEC monitors the capital markets, ensures full

disclosure of all appropriate financial information, regulates the

Nation’s securities markets, and takes action to prevent fraud and

malpractice in the securities and financial markets.

COMMITTEE RECOMMENDATION

The Committee recommends $1,999,663,000 for SEC Salaries

and Expenses, to be fully derived from offsetting fee collections. In

addition, the Committee recommends $25,243,000 for costs associ-

ated with the SEC’s District of Columbia headquarters facilities

and $14,415,000 for costs associated with the SEC’s Atlanta re-

gional office, to be fully derived from offsetting fee collections. The

Committee expects the SEC to keep the Committee informed of any

notable developments.

Digital Asset Accounting Standards.—The SEC issued Staff Ac-

counting Bulletin 121 (SAB 121), new regulatory guidance relating

to the accounting treatment of digital assets for public companies.

The SEC is directed to consult with the prudential regulators to de-

termine how SAB 121 affects insured depository institutions and

revise SAB 121 to conform with existing prudential standards on

insured depository institutions for the custody of digital assets.

Economic Analysis.—The Committee encourages the SEC to con-

sider an SEC Memorandum published on March 16, 2012, on ‘‘Cur-

rent Guidance on Economic Analysis in SEC Rulemakings’’. The

Committee notes that this Memorandum restates statutory obliga-

tions to conduct regulatory economic analysis. The Committee is

concerned that the separation of analysis of overlapping

rulemakings has minimized projected economic costs. Before final-

izing rules classified by the Office of Management and Budget as

Significant Economic Rulemakings, the Committee directs the SEC

to conduct a full economic analysis on the aggregate impact of the

SEC’s proposed and final rulemakings since 2021.

Reporting on Influence of Public Companies.—The Committee is

concerned that managers of large index funds which file short-form

disclosures on Schedule 13G instead of 13D may have a control

purpose or effect with some of their portfolio companies which

should preclude their ability to use Schedule 13G. The Committee

notes that Schedule 13D allows regulators and investors more in-

formation on concessions or direction given or negotiated by large

asset managers to their public portfolio companies which will shed

light onto the strategies employed by these large asset managers

to influence public companies. The Committee directs the SEC to

report to the Committee within 120 days of enactment of this Act

on large asset managers’ compliance with Section 13D and their

ability to control or influence their portfolio companies.

Private Fund Advisers Rule Analysis.—The Committee directs

the SEC to reconduct a full economic analysis for the Private Fund

Advisers proposal before finalization of the rule, ensuring the anal-

ysis adequately considers the disparate impact on underserved

businesses and communities. The Committee notes that more de-

tailed analysis will not only improve the quality of proposed rules,

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but also help increase public confidence in the SEC’s regulatory

process.

Reforming the Registration Process for Registered Index Linked

Annuities.—The Committee is concerned that the current registra-

tion process for registered index linked annuities (RILAs) is cum-

bersome and requires significant information not needed for other

registered insurance products and is pleased that the SEC is cur-

rently creating a tailored filing form for RILAs as required by Con-

gress that will address those concerns. In this respect, when cre-

ating the new form, the Committee encourages the SEC to permit

the use of financial statements that are prepared based upon state

insurance accounting standards.

Unpaid Arbitration Awards.—The Committee is concerned that

the Financial Industry Regulatory Authority (FINRA) has failed to

undertake steps to address unpaid arbitration awards by its mem-

bers. Within 180 days of enactment of this Act, the Commission

shall submit to Congress a report summarizing FINRA’s ongoing

and planned efforts to reduce and eliminate the occurrence of un-

paid judgements.

ADMINISTRATIVE PROVISIONS

—

SECURITIES AND EXCHANGE

COMMISSION

Section 550. The Committee includes a new provision prohibiting

the use of funds to finalize or enforce the proposed Climate Disclo-

sure rule titled ‘‘The Enhancement and Standardization of Climate-

Related Disclosures for Investors’’.

Section 551. The Committee includes a new provision prohibiting

the use of funds to implement or enforce the proposed regulation

titled ‘‘Open-End Fund Liquidity Risk Management Programs and

Swing Pricing: Form N-Port Reporting’’.

Section 552. The Committee includes a new provision prohibiting

the use of funds to finalize, implement, or enforce the rulemakings

entitled ‘‘Regulation Best Execution’’, ‘‘Order Competition Rule’’,

and ‘‘Regulation NMS: Minimum Pricing Increments, Access Fees,

and Transparency of Better Priced Order’’.

Section 553. The Committee includes a new provision prohibiting

the use of funds by the SEC to compel a private company to make

a public offering through a change in the definition of ‘‘held of

record’’.

Section 554. The Committee includes a new provision prohibiting

the use of funds to finalize, implement, or enforce the rulemaking

entitled ‘‘Safeguarding Advisory Client Assets’’.

Section 555. The Committee includes a new provision prohibiting

the collection of personally identifiable information (PII) under the

Consolidated Audit Trail (CAT) as well as a report by the Govern-

ment Accountability Office (GAO) on the privacy concerns, constitu-

tionality, and authority of the SEC to collect PII.

Section 556. The Committee includes a new provision prohibiting

the use of funds to finalize, implement, or enforce, the rulemaking

entitled ‘‘Amendments Regarding the Definition of ‘‘Exchange’’ and

Alternative Trading Systems (ATSs) That Trade U.S. Treasury and

Agency Securities, National Market System (NMS) Stocks, and

Other Securities’’.

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ELECTIVE

ERVICE

YSTEM

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $31,700,000

Budget request, fiscal year 2024 ....................................................... 31,300,000

Recommended in the bill ................................................................... 31,300,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥400,000

Budget request, fiscal year 2024 ................................................ – – –

The Selective Service System was established by the Selective

Service Act of 1948. The mission of the System is to be prepared

to supply manpower to the Armed Forces adequate to ensure the

security of the United States during a time of national emergency.

Since 1973, the Armed Forces have relied on volunteers to fill mili-

tary manpower requirements, but selective service registration was

reinstituted in July 1980.

COMMITTEE RECOMMENDATION

The Committee recommends $31,300,000 for the Selective Serv-

ice System.

MALL

USINESS

DMINISTRATION

The Small Business Administration (SBA) assists and protects

the interests of small businesses through programs including loans,

loan guarantees, counseling, and contracting preferences.

The Committee recommends a total of $823,114,000 for SBA.

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $326,000,000

Budget request, fiscal year 2024 ....................................................... 394,277,000

Recommended in the bill ................................................................... 278,378,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥47,622,000

Budget request, fiscal year 2024 ................................................ ¥115,899,000

COMMITTEE RECOMMENDATION

The Committee recommends $278,378,000 for SBA Salaries and

Expenses.

Veteran Certification.—The recommendation includes

$20,500,000, as requested, to support costs related to the certifi-

cation of veteran-owned small businesses and service-disabled vet-

eran-owned small businesses.

Assisting America’s Rural Small Businesses.—The Committee

recognizes the importance of small businesses to rural communities

across the nation as a driver of goods and services and as employ-

ers of rural Americans. The Committee encourages the SBA to sup-

port rural small businesses and to enhance its outreach and com-

munication to small businesses that serve less densely populated

areas. Within 120 days of enactment of this Act, the Committee di-

rects the SBA to report to the Committee on its efforts to reach un-

derserved rural small businesses.

Small Business Administration Responsiveness.—The SBA cur-

rently administers several types of programs to support small busi-

nesses, including tools to enhance small businesses’ access to cap-

ital; contracting programs to increase small businesses’ opportuni-

ties in federal contracting; homeowners, and businesses to aid in

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their recovery from natural disasters; and small business manage-

ment and technical assistance training programs to assist in busi-

ness formation and expansion. Recently, there have been concerns

about the agency’s ability to respond to constituents that utilize or

seek to utilize its services. Within 120 days of enactment of this

Act, the SBA is directed to brief the Committee on how it ap-

proaches customer service, its response time for requests, and

planned customer service enhancements.

Oversight Report.—The Committee is concerned with the over-

sight capabilities of the SBA as its government guaranteed lending

programs continue to grow, especially in the aftermath of the Pay-

check Protection Program, and other COVID–19 relief measures,

and given the recent finalized rule that removes the moratorium on

Small Business Lending Companies (SBLCs) that operate within

the SBA’s 7(a) Loan Program that has been in place since the early

1980s due to a lack of oversight at the SBA. The Committee directs

the SBA to provide a comprehensive report within 120 days after

enactment of this Act on the oversight capabilities of the SBA in

light of new non-traditional lenders entering the SBA’s programs.

This report should include an analysis of the subsidy rate over the

next seven fiscal years within each of its programs, especially the

7(a) Loan Program given the final rulemaking entitled ‘‘Small Busi-

ness Lending Company (SBLC) Moratorium Rescission and Re-

moval of the Requirement for a Loan Authorization’’.

COVID–19 Economic Injury Disaster Loans.—The Committee rec-

ognizes that when the Coronavirus Economic Injury Disaster Loan

(COVID EIDL) program closed on May 6, 2022, there were a sig-

nificant number of applicants in process whose applications for

funding were hindered by processing delays at the Internal Rev-

enue Service. The Committee directs the SBA to gather data on the

number of COVID EIDL applicants who were in the process of ap-

plying when program funds were exhausted. The SBA should as-

sess the number of applicants impacted by the IRS delays, quantify

their unfunded awards, and report to Congress on the number and

dollar amount of unfunded awards by state within 60 days of en-

actment of this Act.

COVID–19 Assistance and Foreign Based Small Businesses.—

With the SBA disbursing over $1 trillion in assistance over the last

three years to small businesses, it is imperative to protect and safe-

guard American taxpayer dollars. Given this exorbitant amount,

the SBA is directed to report to the Committee within 90 days of

enactment of this Act, regarding the amount of funding going to

foreign-based small businesses.

Privacy Personnel Report.—The Committee directs the SBA to

provide a report on the actions taken to address GAO’s rec-

ommendation that the Administrator of SBA fully define and docu-

ment a process for ensuring that the senior agency official for pri-

vacy or other designated privacy official involved in assessing and

addressing the hiring, training, and professional development

needs of the SBA with respect to privacy.

COVID–19 Fraud.—The Committee is concerned about the June

27, 2023 findings from the SBA Office of Inspector General, alleg-

ing overwhelming potential fraud within the SBA’s COVID–19

small business relief programs. The Committee recognizes that cur-

rent OIG estimates predict over $200 billion, 17 percent of all

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COVID–19 EIDL and Paycheck Protection Program funds, have

been fraudulently obtained by nefarious actors. Given the alarming

rate of potential fraud identified by the OIG, the Committee directs

the SBA to determine precise amounts in remaining fraudulent dis-

bursements and provide a comprehensive report on these findings

to Congress within 90 days after enactment of this Act. The Com-

mittee further directs the SBA to include in the report a com-

prehensive response of oversight efforts and changes to the fraud

risk management systems as a result of the OIG report.

Regulations Impact on Small Businesses.—Within 90 days of en-

actment of this Act, the SBA is directed to report to the Committee

on the economic impact on small business concerns of all rules

issued by the SBA over the last two fiscal years.

ENTREPRENEURIAL DEVELOPMENT PROGRAMS

Appropriation, fiscal year 2023 ......................................................... $320,000,000

Budget request, fiscal year 2024 ....................................................... 334,000,000

Recommended in the bill ................................................................... 299,250,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥20,750,000

Budget request, fiscal year 2024 ................................................ ¥34,750,000

SBA’s Entrepreneurial Development (ED) programs support non-

credit business assistance to entrepreneurs. The appropriation in-

cludes funding for a network of resource partners located through-

out the United States that provide training, counseling, and tech-

nical assistance to small business entrepreneurs.

COMMITTEE RECOMMENDATION

The Committee recommends $299,250,000 for ED. The Com-

mittee recommendations, by program, are displayed in the fol-

lowing table:

7(j) Technical Assistance Program (Contracting Assistance) .......... $3,500,000

Entrepreneurship Education ............................................................. 1,250,000

Federal and State Technology (FAST) Partnership Program ......... 6,000,000

HUBZone Program ............................................................................. 3,000,000

Microloan Technical Assistance ........................................................ 41,000,000

National Women’s Business Council ................................................. 1,500,000

Native American Outreach ................................................................ 5,000,000

PRIME Technical Assistance ............................................................. 7,000,000

Regional Innovation Clusters ............................................................ 8,000,000

SCORE ................................................................................................ 17,000,000

Small Business Development Centers (SBDC) ................................ 140,000,000

State Trade & Export Promotion (STEP) ......................................... 20,000,000

Veterans Outreach * ........................................................................... 19,000,000

Women’s Business Centers (WBC) .................................................... 27,000,000

Total, Entrepreneurial Development Programs ........................ $299,250,000

* Veterans Outreach includes funding for: Boots to Business, Veterans Business Outreach Centers (VBOC),

Veteran Women Igniting the Spirit of Entrepreneurship (V–Wise), Entrepreneurship Bootcamp for Veterans

with Disabilities (EBV), and Boots to Business reboot.

The SBA shall not reduce these non-credit programs from the

amounts specified above and SBA shall not merge any of the non-

credit programs without advance written approval from the Com-

mittee. The Committee strongly supports the development pro-

grams listed in the table above and will carefully monitor SBA’s

support of these programs.

Small Business Development Centers.—The Committee recognizes

the importance of the SBA’s Small Business Development Centers

(SBDCs) and their critical role in the health of the nation’s small-

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est businesses by helping to provide access capital needed for

growth, providing advice on regulations, preparing for changes in

the economy and technology, and responding when disaster strikes.

The Committee supports efforts by the SBA to fully utilize the

country’s entire SBDC network.

Women’s Business Centers.—The Committee supports the over

150 Women’s Business Centers across the nation and their efforts

to assist the nation’s smallest businesses with growth expansion,

and job creation.

SCORE.—With more than 200 SCORE chapters across America,

the Committee recognizes the value of mentorship within the small

business ecosystem. The Committee supports the efforts of the SBA

to ensure the nation’s smallest businesses have access to experi-

enced business leaders from all industries.

Native American Outreach.—The Committee directs the SBA to

enhance its Native American Outreach activities and brief the

Committee within 180 days of enactment of this Act regarding the

specific steps it has taken to reach Native American businesses.

Tribal Lending Initiative.—The Committee supports efforts by

the Office of Native American Affairs (ONAA) to address and dis-

mantle barriers experienced by Tribal small businesses and fish-

eries seeking to access traditional SBA lending products, and en-

courages SBA to establish a Tribal Lending Initiative to address

these challenges. Through this initiative, ONAA is expected to up-

date guidance for traditional SBA Lending products and relief pro-

grams in consultation with Tribal Nations, including removing bar-

riers to existing SBA Lending products, such as the acceptance of

Tribally registered business licenses and Tribal treaty fishery in-

come verification, the inability of many Tribal small businesses and

fisheries to obtain Federally verified income tax statements, and

complications related to collateral requirements. SBA is directed to

brief the Committee on its progress in establishing and imple-

menting a Tribal Lending Initiative not later than 60 days after

the enactment of this Act.

Investment in Central Appalachia.—The Committee directs the

SBA to strengthen its outreach and prioritize discretionary funding

to distressed counties within the Central Appalachian region, espe-

cially those affected by the 2022 flooding. Such outreach should

focus on helping communities and regions that have been affected

by job losses in coal mining, coal power plant operations, and coal-

related supply chain industries due to the economic downturn of

the coal industry.

Expanding Opportunities for Small Business Owners with Dis-

abilities.—The Committee notes the progress being made within

the Community Development Financial Institutions (CDFI) Fund

to better serve individuals with disabilities. To this end, the Com-

mittee encourages the SBA to better integrate their programs with

business planning, technical assistance, and business counseling

services for small business owners with disabilities. The Committee

directs the SBA to submit a report within 60 days after the enact-

ment of this Act and twice a year thereafter to the Committee that

outlines the steps the SBA is taking to ensure the SBDCs, WBCs,

and SCORE chapters are thoroughly prepared and serving entre-

preneurs and innovators with disabilities. The report should in-

clude, but should not be limited to, a summary of the tools in place,

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as well as measurable outcomes such as the number of businesses

assisted and jobs created.

OFFICE OF INSPECTOR GENERAL

Appropriation, fiscal year 2023 ......................................................... $32,020,000

Budget request, fiscal year 2024 ....................................................... 47,704,000

Recommended in the bill ................................................................... 32,020,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. – – –

Budget request, fiscal year 2024 ................................................ ¥15,684,000

The mission of the OIG is to provide independent, objective over-

sight to improve the integrity, accountability, and performance of

SBA and its programs.

COMMITTEE RECOMMENDATION

The Committee recommends $32,020,000 for the SBA OIG.

OFFICE OF ADVOCACY

Appropriation, fiscal year 2023 ......................................................... $10,211,000

Budget request, fiscal year 2024 ....................................................... 10,600,000

Recommended in the bill ................................................................... 9,466,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥745,000

Budget request, fiscal year 2024 ................................................ ¥1,134,000

The Office of Advocacy was established by Congress in 1976 to

serve as the independent voice for small business within the Fed-

eral Government.

COMMITTEE RECOMMENDATION

The Committee recommends $9,466,000 for the Office of Advo-

cacy. The Committee supports the Office’s mission to reduce regu-

latory burdens that Federal policies impose on small businesses.

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $171,300,000

Budget request, fiscal year 2024 ....................................................... 168,000,000

Recommended in the bill ................................................................... 169,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥2,300,000

Budget request, fiscal year 2024 ................................................ +1,000,000

The SBA Business Loans Program serves as an important source

of capital for America’s small businesses. The recommendation sup-

ports the 7(a) Business Loan Program at a level of $32,500,000,000;

the 504 certified development company program, which includes

the 504 commercial real estate refinance program, at a level of

$12,500,000,000; the Secondary Market Guarantee Program at a

program level of $15,000,000,000; and Small Business Investment

Company debenture authority of $5,000,000,000.

COMMITTEE RECOMMENDATION

The Committee recommends a total of $169,000,000 for the Busi-

ness Loans Program Account. The recommendation includes

$6,000,000 for loans subsidy for the Microloan Program to support

a program level of $110,000,000.

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DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $179,000,000

Budget request, fiscal year 2024 ....................................................... 175,000,000

Recommended in the bill ................................................................... * 178,000,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥1,000,000

Budget request, fiscal year 2024 ................................................ +3,000,000

* The recommendation includes $143,000,000 in disaster relief funding.

COMMITTEE RECOMMENDATION

The Committee recommends a total of $178,000,000 for the Dis-

aster Loans Program, of which $143,000,000 is designated as being

for disaster relief for major disasters.

ADMINISTRATIVE PROVISIONS

—

SMALL BUSINESS ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

Section 560. The Committee continues a provision authorizing

transfers of up to five percent among SBA appropriations, provided

that transfers do not increase an appropriation by more than 10

percent. The provision also requires that transfers be treated as a

reprogramming of funds.

Section 561. The Committee continues a provision authorizing

the transfer of not to exceed 3 percent of funding available under

the SBA ‘‘Salaries and Expenses’’ and ‘‘Business Loans Program

Account’’ appropriations to the SBA ‘‘Information Technology Sys-

tem Modernization and Working Capital Fund’’.

Section 562. The Committee includes a new provision to prohibit

funds to carry out enforcement actions for a disaster loan recipient

if that individual is unable to make monthly payments if the loan

recipient is eligible for duplication of benefits relief but has not yet

received Community Development Block Grant Funds for which

they are eligible.

Section 563. The Committee includes a new provision to prohibit

the SBA from further funding or transferring funds to the COVID–

19 era Community Navigators program.

Section 564. The Committee includes a new provision to prohibit

the SBA from funding climate change initiatives from its Salaries

and Expenses account.

NITED

TATES

OSTAL

ERVICE

PAYMENT TO THE POSTAL SERVICE FUND

Appropriation, fiscal year 2023 ......................................................... $50,253,000

Budget request, fiscal year 2024 ....................................................... 75,528,000

Recommended in the bill ................................................................... 35,424,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥14,829,000

Budget request, fiscal year 2024 ................................................ ¥40,104,000

The United States Postal Service (USPS) is funded almost en-

tirely by Postal ratepayers, rather than taxpayers. Funds provided

to USPS in the Payment to the Postal Service Fund include appro-

priations for revenue forgone, including for providing free mail for

the blind and for overseas absentee voting.

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COMMITTEE RECOMMENDATION

The Committee recommends $35,424,000 for Payment to the

Postal Service Fund. The recommendation funds free mail for the

blind and overseas voting and includes a reconciliation adjustment.

Previously, the annual appropriations Act has included a provi-

sion requiring the Postal Service to deliver mail six days per week.

Section 202 of the Postal Service Reform Act of 2022 (PSRA) (Pub-

lic Law 117–108) requires that the ‘‘Postal Service shall maintain

an integrated network for the delivery of market-dominant and

competitive products’’ and that ‘‘Delivery shall occur at least six

days a week, except during weeks that include a Federal holiday,

in emergency situations, such as natural disasters, or in geographic

areas where the Postal Service has established a policy of deliv-

ering mail fewer than six days a week as of the date of enactment

of the Postal Service Reform Act of 2022.’’ In lieu of continuing the

provision in the annual appropriations Act, the Committee expects

USPS shall maintain six-day delivery as specified in the PSRA. Ad-

ditionally, the Committee requests that the USPS notify respective

Members of Congress of planned postal facility closings and/or con-

solidations in their district.

Discontinue Pilot Program.—The Committee is concerned about

the USPS pilot program that allows business checks to be cashed

for gift cards in postal offices. The Committee believes the Postal

Regulatory Commission should approve these type of financial

transactions at post offices. The Committee strongly believes the

pilot program should not be extended and the USPS should focus

on its core mission of providing the nation with reliable, affordable,

universal mail service.

Election Mail.—The Committee is concerned about the slow

counting of election ballots in recent elections and directs the USPS

to report to Congress within six months of enactment of this Act,

on current processes of election mail prioritization.

Location of Cluster Box Units.—The Committee continues to re-

main concerned about mail theft at external, residential Cluster

Box Units (CBUs) and the vandalizing of these units. Therefore,

the Committee directs USPS to update its handbooks and guidance

to ensure external CBUs in all newly developed residential neigh-

borhoods are located within the residential area they serve in a

manner that reduces mail theft and vandalism while ensuring

CBUs remain visible and accessible to the residents. The Com-

mittee directs USPS to report to the Committee on implementation

of this directive 90 days after enactment of this Act, and every 30

days thereafter.

Mail Theft.—The Committee continues to remain very concerned

about mail theft in the United States and the adverse impact it is

having on postal customers, including extended disruptions of reg-

ular service and theft of personally identifiable information. The

Committee also recognizes that the current process for victims of

mail theft in some localities places an undue burden on customers.

Therefore, the Committee directs USPS to implement a system to

provide customers impacted by two or more instances of mail theft

from external, residential CBUs the option to receive a temporary

Post Office Box at the nearest available USPS-owned and operated

facility, free of charge, until regular mail service can be resumed

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to a secure CBU. The Committee directs USPS to report to the

Committee on implementation of this directive 90 days after enact-

ment of this Act, and every 30 days thereafter.

In addition, the Committee directs the USPS to report to the

Committee no later than 60 days after the enactment of this Act

detailing actions it has taken to combat this rise in mail theft from

fiscal years 2020 through 2023. The report should include the

USPS’ plan to prevent the theft of mail.

U.S. Postal Service Landscaping.—The Committee is concerned

that some U.S. Postal Service properties are not being well-main-

tained. The Committee requests that the Postal Service provide a

written report within 180 days detailing how the Postal Service en-

sures its properties are maintained and landscaped. The report

should describe a process by which senior leadership of the Postal

Service will provide adequate oversight over postal facilities and

properties nationwide to ensure they do not fall into a state of dis-

repair due to neglect or poor maintenance.

Accurate Address Listing.—The Committee directs USPS to con-

duct an internal review on the numerous instances, nationwide,

where assigned zip-codes overlap municipal jurisdictions resulting

in multiple city listings or incorrect listings. Given that the USPS

recognizes the importance of last-line city designations, the Com-

mittee directs the USPS to provide a detailed report of their find-

ings within 120 days of enactment of this Act, including what solu-

tions could be utilized to ensure proper designations in the future,

including options to designate a single, unique zip code for jurisdic-

tions affected by this issue including, but not limited to, Hollywood,

Florida; Miami Lakes, Florida; and Eastvale, California.

Mail Theft Notifications.—The Committee reminds the USPS of

the importance of notifying the affected public when it is evident

that mail has been stolen. Timely notifications can help victims of

mail theft take actions to prevent identity theft, fraud, and other

crimes. The Committee urges the USPS to make these notifications

a priority.

Postal Work Safety.—The Committee is concerned by the increase

in assaults and robberies committed against USPS employees. The

Committee directs the USPS to report to the Committee no later

than 60 days after enactment of this Act on the actions taken by

the USPS to protect its employees from robberies and assaults dur-

ing fiscal years 2020 to 2023. The report should include any plan

or strategies the USPS plans to deploy in the future to keep its em-

ployees safe.

Processing Centers.—The Committee remains concerned about

the impact on the citizens of Virginia’s Sixth Congressional District

as it relates to closed processing centers and looks forward to the

submission of the report required by House Report 117–393 on this

topic.

Emergency Suspension of Operations.—The Committee is con-

cerned with the effects that the immediate suspension of operations

at the Mountain City, GA, post office has had on its surrounding

community. The Committee urges USPS to promptly notify the

community of a rural post office when lease termination—and a

subsequent emergency suspension of operations—is likely, with the

goal of providing at least a 30-day advance notice. Additionally, the

Committee urges USPS to provide updates every 60 days following

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an emergency suspension to this Committee and to the community

of such post office on the status and expected reopening of said post

office.

Protection of Private Information.—Millions of Americans re-

ceived free COVID–19 tests that were delivered by the USPS after

completing an online form. The Committee seeks assurance by the

USPS, that personally identifiable information is and has always

been protected by the USPS, and that no Privacy Act protected in-

formation has been disclosed beyond necessary to deliver the

COVID–19 test kits. The Committee directs the Postal Service to

provide a report to the Committee within 90 days of enactment on

how they protected this data.

First-Class Service Standards.—The Committee remains con-

cerned about service standards for market-dominant mail products

and looks forward to the report requested in House Report 117–

393.

USPS Recruitment and Retention.—The Committee is concerned

about the impact of workforce shortages on timely delivery of mail.

The USPS Inspector General reported that the USPS continues to

struggle with a high rate of non-career postal employee turnover.

Although the Postal Service has been working to stabilize the non-

career employee turnover rate, the Inspector General reported the

rate was 58.9 percent for fiscal year 2022. The Committee directs

the USPS to report to Congress within 90 days of enactment of this

Act on the progress it has made on the IG’s recommendations in-

cluded in their April 2023 audit report titled, Postal Service’s Non-

Career Employee Turnover Follow-Up.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2023 ......................................................... $271,000,000

Budget request, fiscal year 2024 ....................................................... 290,579,000

Recommended in the bill ................................................................... 274,467,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. +3,467,000

Budget request, fiscal year 2024 ................................................ ¥16,112,000

The USPS OIG conducts audits, reviews, and investigations and

keeps Congress informed on the efficiency and economy of USPS

programs and operations.

COMMITTEE RECOMMENDATION

The Committee recommends $274,467,000 for the OIG, which in-

cludes sufficient funds for the OIG to continue its aggressive drug

interdiction efforts.

NITED

TATES

OURT

SALARIES AND EXPENSES

Appropriation, fiscal year 2023 ......................................................... $57,300,000

Budget request, fiscal year 2024 ....................................................... 65,700,000

Recommended in the bill ................................................................... 46,375,000

Bill compared with:

Appropriation, fiscal year 2023 .................................................. ¥10,925,000

Budget request, fiscal year 2024 ................................................ ¥19,325,000

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The United States Tax Court adjudicates controversies involving

deficiencies in income, estate, and gift taxes. The Court also has ju-

risdiction to determine deficiencies in certain excise taxes, to issue

declaratory judgments in the areas of qualifications of retirement

plans and exemptions of charitable organizations, and to decide

certain cases involving disclosure of tax information by the Com-

missioner of the IRS.

COMMITTEE RECOMMENDATION

The Committee recommends $46,375,000 for the U.S. Tax Court.

TITLE VI—GENERAL PROVISIONS—THIS ACT

(INCLUDING RESCISSION OF FUNDS)

Section 601. The Committee continues a provision prohibiting

pay and other expenses for non-Federal parties in regulatory or ad-

judicatory proceedings funded in this Act.

Section 602. The Committee continues a provision prohibiting ob-

ligations beyond the current fiscal year and prohibits transfers of

funds unless expressly so provided herein.

Section 603. The Committee continues a provision limiting pro-

curement contracts for consulting service expenditures to contracts

that are matters of public record and available for public inspec-

tion.

Section 604. The Committee continues a provision prohibiting

transfer of funds in this Act without express authority.

Section 605. The Committee continues a provision prohibiting the

use of funds to engage in activities that would prohibit the enforce-

ment of section 307 of the 1930 Tariff Act.

Section 606. The Committee continues a provision concerning

compliance with the Buy American Act.

Section 607. The Committee continues a provision prohibiting the

use of funds by any person or entity convicted of violating the Buy

American Act.

Section 608. The Committee continues a provision specifying re-

programming procedures. The provision requires that agencies or

entities funded by this Act obtain prior approval from the Com-

mittee for any reprogramming of funds that: (1) creates a new pro-

gram; (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 Sen-

ate for a different purpose; (5) augments existing programs,

projects, or activities in excess of $5,000,000 or 10 percent, which-

ever is less; (6) reduces existing programs, projects, or activities by

$5,000,000 or 10 percent, whichever is less; or (7) creates or reorga-

nizes offices, programs, or activities different from the budget jus-

tifications submitted to the Committees on Appropriations or the

tables in the report accompanying this Act, whichever is more de-

tailed. The provision also directs agencies to consult with the Com-

mittees prior to any significant reorganization, restructuring, relo-

cation, or closing of offices, programs, or activities and directs the

agencies funded by this Act to submit operating plans for the Com-

mittee’s review within 60 days of the bill’s enactment.

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Section 609. The Committee continues a provision providing that

fifty percent of unobligated balances may remain available through

September 30, 2025, for certain purposes.

Section 610. The Committee continues a provision prohibiting

funding for the EOP to request either a Federal Bureau of Inves-

tigation background investigation or Internal Revenue Service de-

termination with respect to section 501(a) of the Internal Revenue

Code of 1986, except with the express consent of the individual in-

volved in an investigation or in extraordinary circumstances involv-

ing national security.

Section 611. The Committee continues a provision regarding cost

accounting standards for contracts under the Federal Employee

Health Benefits Program.

Section 612. The Committee continues a provision regarding non-

foreign area cost-of-living allowances.

Section 613. The Committee continues a provision prohibiting the

expenditure of funds for abortions under the Federal Employees

Health Benefits Program.

Section 614. The Committee continues a provision that provides

an exemption from section 613 if the life of the mother is in danger

or the pregnancy is a result of an act of rape or incest.

Section 615. The Committee continues a provision waiving re-

strictions on the purchase of non-domestic articles, materials, and

supplies in the case of acquisition of information technology by the

Federal Government.

Section 616. The Committee continues a provision prohibiting of-

ficers or employees of any regulatory agency or commission funded

by this Act from accepting travel payments or reimbursements

from a person or entity regulated by such agency or commission.

Section 617. The Committee continues a provision requiring cer-

tain agencies in this Act to consult with GSA before seeking new

office space or making alterations to existing office space.

Section 618. The Committee continues a provision providing for

several appropriated mandatory accounts. These are accounts

where authorizing language requires the payment of funds.

Section 619. The Committee continues a provision that prohibits

funds for the Federal Trade Commission to complete the draft re-

port on food marketed to children.

Section 620. The Committee continues a provision requiring that

the head of any executive branch agency ensure that the Chief In-

formation Officer has authority to participate in the budget plan-

ning process and approval of the information technology budget.

Section 621. The Committee continues a provision prohibiting

funds in contravention of the Federal Records Act.

Section 622. The Committee continues a provision prohibiting

agencies from requiring Internet Service Providers to disclose elec-

tronic communications information in a manner that violates the

Fourth Amendment.

Section 623. The Committee continues a provision prohibiting

funds to be used to deny inspectors general access to records.

Section 624. The Committee continues a provision relating to

Universal Service Fund payments for wireless providers.

Section 625. The Committee continues a provision prohibiting

any funds made available in this Act from being used to establish

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a computer network unless such network blocks the viewing,

downloading, and exchanging of pornography.

Section 626. The Committee continues a provision prohibiting

any funds made available in this Act from being used to pay for

award or incentive fees for contractors with below satisfactory per-

formance.

Section 627. The Committee continues a provision prohibiting

funds made available under this Act from being used for certain

travel and conference activities unless an agency or entity deter-

mines that the travel is in the national interest and advance notice

is provided to the Appropriations Committees.

Section 628. The Committee continues a provision prohibiting

funds made available under this Act from being used to fund first-

class or business-class travel in contravention of Federal regula-

tions.

Section 629. The Committee continues a provision providing an

additional $850,000 for the Inspectors General Council Fund to ex-

pand and update the Federal-wide Inspectors General website over-

sight.gov.

Section 630. The Committee continues a provision relating to

contracts for public relations services.

Section 631. The Committee continues a provision relating to ad-

vertising and educational programming.

Section 632. The Committee continues a provision relating to

statements by grantees regarding projects or programs funded by

this agreement.

Section 633. The Committee continues a provision that prohibits

funds for the SEC to finalize, issue, or implement any rule, regula-

tion, or order requiring the disclosure of political contributions, con-

tributions to tax-exempt organizations, or dues paid to trade asso-

ciations in SEC filings.

Section 634. The Committee continues a provision requiring

agencies funded in this Act to submit to the Committees quarterly

budget reports on obligations.

Section 635. The Committee includes a new provision prohibiting

the procurement of electric vehicles, electric vehicle batteries, elec-

tric vehicle charging stations or infrastructure.

Section 636. The Committee includes a new provision prohibiting

the implementation of section 205 of Executive Order 14008 until

a stable supply of domestic-mined critical minerals can be achieved.

Section 637. The Committee includes a new provision prohibiting

the promotion or advancement of Critical Race Theory.

Section 638. The Committee includes a new provision prohibiting

the implementation of Executive Orders 13985, 14035, and 14091.

Section 639. The Committee includes a new provision prohibiting

the use of funds to support, directly or indirectly, the Wuhan Insti-

tute of Virology or any laboratory owned or controlled by the gov-

ernments of the People’s Republic of China, the Republic of Cuba,

the Islamic Republic of Iran, the Democratic People’s Republic of

Korea, the Russian Federation, the Bolivarian Republic of Ven-

ezuela under the regime of Nicola

s Maduro Moros, or any other

country determined by the Secretary of State to be a foreign adver-

sary.

Section 640. The Committee includes a new provision that re-

peals the Federal Election Commission’s prior approval require-

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ment for corporate member trade association Political Action Com-

mittees.

Section 641. The Committee includes a new provision that pro-

hibits the use of funds to discriminate against a person who

speaks, or acts, in accordance with a sincerely held religious belief,

or moral conviction, that marriage is, or should be recognized as,

a union of one man and one woman.

Section 642. The Committee includes a new provision rescinding

certain unobligated balances of amounts appropriated or otherwise

made available in Public Law 117–169.

TITLE VII—GENERAL PROVISIONS—GOVERNMENT-WIDE

EPARTMENTS

, A

GENCIES

AND

ORPORATIONS

(INCLUDING TRANSFERS OF FUNDS)

Section 701. The Committee continues a provision requiring

agencies to administer a policy designed to ensure that all of its

workplaces are free from the illegal use of controlled substances.

Section 702. The Committee continues a provision establishing

price limitations on vehicles to be purchased by the Federal Gov-

ernment with an exemption for the purchase of electric, plug-in hy-

brid electric, and hydrogen fuel cell vehicles.

Section 703. The Committee continues a provision allowing funds

made available to agencies for travel to also be used for quarters

allowances and cost-of-living allowances.

Section 704. The Committee continues a provision prohibiting the

employment of noncitizens with certain exceptions.

Section 705. The Committee continues a provision giving agen-

cies the authority to pay GSA bills for space renovation and other

services.

Section 706. The Committee continues a provision allowing agen-

cies to finance the costs of recycling and waste prevention pro-

grams with proceeds from the sale of materials recovered through

such programs.

Section 707. The Committee continues a provision providing that

funds made available to corporations and agencies subject to 31

U.S.C. 91 may pay rent and other service costs in the District of

Columbia.

Section 708. The Committee continues a provision prohibiting

interagency financing of groups absent prior statutory approval.

Section 709. The Committee continues a provision prohibiting the

use of funds for enforcing regulations disapproved in accordance

with the applicable law of the United States.

Section 710. The Committee continues a provision limiting the

amount of funds that can be used for redecoration of offices under

certain circumstances.

Section 711. The Committee continues a provision to allow for

interagency funding of national security and emergency tele-

communications initiatives.

Section 712. The Committee continues a provision requiring

agencies to certify that a Schedule C appointment was not created

solely or primarily to detail the employee to the White House.

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Section 713. The Committee continues and modifies a provision

prohibiting the payment of any employee who prohibits, threatens,

or prevents another employee from communicating with Congress.

Section 714. The Committee continues a provision prohibiting

Federal training not directly related to the performance of official

duties.

Section 715. The Committee continues a provision prohibiting,

other than for normal and recognized executive-legislative relation-

ships, propaganda, publicity, and lobbying by executive agency per-

sonnel in support or defeat of legislative initiatives.

Section 716. The Committee continues a provision prohibiting

any Federal agency from disclosing an employee’s home address to

any labor organization, absent employee authorization or court

order.

Section 717. The Committee continues a provision prohibiting

funds to be used to provide non-public information such as mailing,

telephone, or electronic mailing lists to any person or organization

outside the government without the approval of the Committees on

Appropriations.

Section 718. The Committee continues a provision prohibiting the

use of funds for propaganda and publicity purposes not authorized

by Congress.

Section 719. The Committee continues a provision directing agen-

cy employees to use official time in an honest effort to perform offi-

cial duties.

Section 720. The Committee continues a provision authorizing

the use of funds to finance an appropriate share of the Federal Ac-

counting Standards Advisory Board.

Section 721. The Committee continues a provision authorizing

the transfer of funds to GSA to finance an appropriate share of var-

ious government-wide boards and councils and for Federal Govern-

ment priority goals under certain conditions.

Section 722. The Committee continues a provision that permits

breastfeeding in a Federal building or on Federal property if the

woman and child are authorized to be there.

Section 723. The Committee continues a provision that permits

interagency funding of the National Science and Technology Coun-

cil and provides for a report on the budget and resources of the Na-

tional Science and Technology Council.

Section 724. The Committee continues a provision requiring doc-

uments involving the distribution of Federal funds to indicate the

agency providing the funds and the amount provided.

Section 725. The Committee continues a provision prohibiting the

use of funds to monitor personal access or use of Internet sites or

to collect, review, or obtain any personally identifiable information

relating to access to or use of an Internet site.

Section 726. The Committee continues a provision requiring

health plans participating in the Federal Employees Health Bene-

fits Program to provide contraceptive coverage and provides exemp-

tions to certain religious plans.

Section 727. The Committee continues language supporting strict

adherence to anti-doping activities.

Section 728. The Committee continues a provision allowing funds

for official travel to be used by departments and agencies, if con-

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sistent with OMB Circular A–126, to participate in the fractional

aircraft ownership pilot program.

Section 729. The Committee continues a provision prohibiting

funds for the implementation of OPM regulations limiting detailees

to the legislative branch and placing certain limitations on the

Coast Guard Congressional Fellowship program.

Section 730. The Committee continues a provision that restricts

the use of funds for Federal law enforcement training facilities.

Section 731. The Committee continues a provision that prohibits

Executive Branch agencies from creating prepackaged news stories

that are broadcast or distributed in the United States unless the

story includes a clear notification within the text or audio of such

news story that the prepackaged news story was prepared or fund-

ed by that executive branch agency. This provision confirms the

GAO opinion dated February 17, 2005 (B–304272).

Section 732. The Committee continues a provision prohibiting

use of funds in contravention of section 552a of title 5, United

States Code (the Privacy Act) and regulations implementing that

section.

Section 733. The Committee continues a provision prohibiting

funds from being used for any Federal Government contract with

any foreign incorporated entity which is treated as an inverted do-

mestic corporation.

Section 734. The Committee continues a provision requiring

agencies to pay a fee to OPM for processing retirement of employ-

ees who separate under Voluntary Early Retirement Authority or

who receive Voluntary Separation Incentive payments.

Section 735. The Committee continues a provision prohibiting

funds to require any entity submitting an offer for a Federal con-

tract to disclose political contributions.

Section 736. The Committee continues a provision prohibiting

funds for the painting of a portrait of an employee of the Federal

Government, including the President, the Vice President, a Mem-

ber of Congress, the head of an executive branch agency, or the

head of an office of the legislative branch.

Section 737. The Committee continues a provision limiting the

pay increases of certain prevailing rate employees.

Section 738. The Committee continues a provision requiring

agencies to submit reports to Inspectors General concerning ex-

penditures for agency conferences.

Section 739. The Committee continues a provision prohibiting

funds to be used to increase, eliminate, or reduce funding for a pro-

gram or project unless such change is made pursuant to re-

programming or transfer provisions.

Section 740. The Committee continues a provision prohibiting

agencies from using funds to implement regulations changing the

competitive areas under reductions-in-force for Federal employees.

Section 741. The Committee continues a provision that prohibits

the use of funds to begin or announce a study or a public-private

competition regarding the conversion to contractor performance of

any function performed by civilian Federal employees pursuant to

OMB Circular A–76 or any other administrative regulation, direc-

tive, or policy.

Section 742. The Committee continues a provision ensuring con-

tractors are not prevented from reporting waste, fraud, or abuse by

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signing confidentiality agreements that would prohibit such disclo-

sure.

Section 743. The Committee continues a provision prohibiting the

expenditure of funds for the implementation of certain nondisclo-

sure agreements unless certain provisions are included in the

agreements.

Section 744. The Committee continues a provision prohibiting the

use of funds to enter into any agreement with any corporation with

certain unpaid Federal tax liabilities unless an agency has consid-

ered suspension or debarment of the corporation and made a deter-

mination that further action is not necessary to protect the inter-

ests of the government.

Section 745. The Committee continues a provision prohibiting the

use of funds to enter into any agreement with any corporation that

was convicted of a felony criminal violation within the preceding 24

months unless an agency has considered suspension or debarment

of the corporation and made a determination that further action is

not necessary to protect the interests of the government.

Section 746. The Committee continues a provision eliminating

the automatic statutory pay increase for the Vice President and

certain senior political appointees.

Section 747. The Committee continues a provision related to im-

poundment of resources.

Section 748. The Committee continues a provision requiring that

any executive branch agency notify the Committee if an apportion-

ment of an appropriation for such agency is not approved in a time-

ly and appropriate manner.

Section 749. The Committee continues a provision addressing

interagency funding for the United States Army Medical Research

and Development Command and the Congressionally Directed

Medical Research Programs and the National Institutes of Health

research programs.

Section 750. The Committee continues a provision addressing ac-

cessibility to government electronic and information technology for

individuals with disabilities.

Section 751. The Committee continues a provision authorizing

the transfer of funds to GSA to finance an appropriate share of var-

ious information technology projects among Government-wide

boards and councils under certain conditions.

Section 752. The Committee continues a provision requiring the

retention of certain records pertaining to certain GAO audits.

Section 753. The Committee includes a new provision prohibiting

funds to States, cities, or localities that allow non-citizens to vote

in Federal elections.

Section 754. The Committee includes a new provision restricting

funds to make investments under the Thrift Savings Plan in cer-

tain mutual funds that make investment decisions based primarily

on environmental, social, or governance criteria.

Section 755. The Committee includes a new provision restricting

funds for certain labeling of information.

Section 756. The Committee includes a new provision prohibiting

funds to recruit, hire, promote or retain any person convicted of a

child pornography or a sexual assault charge, is a registered sex of-

fender, or has been formally disciplined for using Federal resources

to access, use, or sell child pornography.

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Section 757. The Committee includes a new provision prohibiting

funds for insurance plans in the Federal Employees Health Bene-

fits program to cover the cost of surgical procedures or puberty

blockers or hormone therapy for purpose of gender affirming care.

Section 758. The Committee includes a new provision prohibiting

the implementation of Executive Order 14019 with certain excep-

tions.

Section 759. The Committee includes a new provision prohibiting

funding until Federal agencies return to specified telework policies,

practices, and levels.

Section 760. The Committee continues a provision concerning the

non-application of these general provisions to title IV and to title

VIII.

TITLE VIII—GENERAL PROVISIONS—DISTRICT OF

COLUMBIA

(INCLUDING TRANSFERS OF FUNDS)

Section 801. The Committee continues a provision that allows

the use of local funds for making refunds or paying judgments

against the District of Columbia government.

Section 802. The Committee continues a provision that prohibits

the use of Federal funds for publicity or propaganda designed to

support or defeat legislation before Congress or any State legisla-

ture.

Section 803. The Committee continues a provision that estab-

lishes reprogramming procedures for Federal funds.

Section 804. The Committee continues a provision that prohibits

the use of Federal funds for the salaries and expenses of a shadow

U.S. Senator or U.S. Representative.

Section 805. The Committee continues a provision that places re-

strictions on the use of District of Columbia government vehicles.

Section 806. The Committee continues a provision that prohibits

the use of Federal funds for a petition or civil action that seeks to

require voting rights for the District of Columbia in Congress.

Section 807. The Committee continues a provision that prohibits

the use of Federal funds in this Act to distribute, for the purpose

of preventing the spread of blood borne pathogens, sterile needles

or syringes in any location that has been determined by local public

health officials or local law enforcement authorities to be inappro-

priate for such distribution.

Section 808. The Committee continues a provision that concerns

a ‘‘conscience clause’’ on legislation that pertains to contraceptive

coverage by health insurance plans.

Section 809. The Committee continues a provision that prohibits

Federal funds to enact or carry out any law, rule, or regulation to

legalize or reduce penalties associated with the possession, use, or

distribution of any schedule I substance under the Controlled Sub-

stances Act or any tetrahydrocannabinols derivative. In addition,

section 809 prohibits Federal and local funds to enact any law,

rule, or regulation to legalize or reduce penalties associated with

the possession, use, or distribution of any schedule I substance

under the Controlled Substances Act or any tetrahydrocannabinols

derivative for recreational purposes.

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Section 810. The Committee continues a provision that prohibits

the use of funds for abortion except in the cases of rape or incest

or if necessary, to save the life of the mother.

Section 811. The Committee continues a provision that requires

the Chief Financial Officer (CFO) to submit a revised operating

budget no later than 30 calendar days after the enactment of this

Act for agencies the CFO certifies as requiring a reallocation to ad-

dress unanticipated program needs.

Section 812. The Committee continues a provision that requires

the CFO to submit a revised operating budget for the District of

Columbia Public Schools, no later than 30 calendar days after the

enactment of this Act, which aligns schools’ budgets to actual en-

rollment.

Section 813. The Committee continues a provision that allows for

transfers of local funds between operating funds and capital and

enterprise funds.

Section 814. The Committee continues a provision that prohibits

the obligation of Federal funds beyond the current fiscal year and

transfers of funds unless expressly provided herein.

Section 815. The Committee continues a provision that provides

that not to exceed 50 percent of unobligated balances from Federal

appropriations for salaries and expenses may remain available for

certain purposes. This provision applies to the District of Columbia

Courts, the Court Services and Offender Supervision Agency, and

the District of Columbia Public Defender Service.

Section 816. The Committee continues a provision that appro-

priates local funds during fiscal year 2025 if there is an absence

of a continuing resolution or regular appropriation for the District

of Columbia. Funds are provided under the same authorities and

conditions and in the same manner and extent as provided for in

fiscal year 2024.

Section 817. The Committee continues a provision that provides

the District of Columbia authority to transfer, receive, and acquire

lands and funding it deems necessary for the construction and op-

eration of interstate bridges over navigable waters, including re-

lated infrastructure, for a project to expand commuter and regional

passenger rail service and provide bike and pedestrian access cross-

ings.

Section 818. The Committee continues a provision that requires

each Federal and District of Columbia government agency appro-

priated Federal funding in this Act submit to the Committees quar-

terly budget reports on obligations.

Section 819. The Committee includes a new provision prohibiting

funds to carry out the Reproductive Health Non-Discrimination

Amendment Act of 2014 (D.C. Law 20–261) or to implement any

rule or regulation promulgated to carry out such Act.

Section 820. The Committee includes a new provision repealing

the Death with Dignity Act of 2016 and prohibit the D.C. Council

from passing laws related to physician-assisted suicide in the fu-

ture.

Section 821. The Committee includes a new provision directing

the District of Columbia to submit a report to the Committees re-

garding how the District of Columbia has complied with the Partial

Birth Abortion Ban Act, including if violations of the law have

taken place. If violations have taken place, the report should detail

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the number of violations in the past five years, the District of Co-

lumbia’s response to the violations, whether the District of Colum-

bia preserved each child’s remains for appropriate examination

during the investigation, and other pertinent information on viola-

tions.

Section 822. The Committee includes a new provision requiring

a report on maternity care access for District of Columbia resi-

dents. The report should be organized by ward and include the

birth rate, the pregnancy-related death rate, the maternal death

rate, and other important factors.

Section 823. The Committee includes a new provision prohibiting

funds used by the District of Columbia to enact or carry out any

law which prohibits motorists from making right turns on red, in-

cluding D.C. Law 24–0214.

Section 824. The Committee includes a new provision prohibiting

funds used by the District of Columbia to carry out DC Automated

Traffic Enforcement.

Section 825. The Committee includes a new provision repealing

the inclusion of D.C. Public Charter Schools from the exemption

list in the District of Columbia’s Corrections Oversight Improve-

ment Omnibus Amendment Act of 2022.

Section 826. The Committee includes a new provision prohibiting

the use of funds by the District of Columbia to carry out the Com-

prehensive Policing and Justice Reform Amendment Act of 2022.

Section 827. The Committee includes a new provision allowing

valid weapons carry permit holders to conceal carry in areas

goverened by the District of Columbia and Washington Metropoli-

tan Area Transit Authority.

Section 828. The Committee includes a new provision reauthor-

izing the Scholarships for Opportunity and Results Act through

2027 and amending the statutory funding formula to reflect that

one-half of total funding should go toward Opportunity Scholar-

ships, one-sixth of total funding should go toward District of Co-

lumbia Public Schools, and one-third of total funding should go to-

ward District of Columbia Public Charter Schools.

Section 829 specifies that references to ‘‘this Act’’ in this title or

title IV are treated as referring only to the provisions of this title

and title IV.

TITLE IX—ADDITIONAL GENERAL PROVISIONS

PENDING

EDUCTION

CCOUNT

Section 901. The Committee includes a new provision estab-

lishing a ‘‘Spending Reduction Account’’ in the bill.

HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS

The following items are included in accordance with various re-

quirements of the Rules of the House of Representatives:

STATEMENT OF GENERAL PERFORMANCE GOALS AND

OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House

of Representatives, the following is a statement of general perform-

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ance goals and objectives for which this measure authorizes fund-

ing:

The Committee on Appropriations considers program perform-

ance, including a program’s success in developing and attaining

outcome-related goals and objectives, in developing funding rec-

ommendations.

ESCISSION OF

UNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House

of Representatives, the following table is submitted describing the

rescissions recommended in the accompanying bill:

Department or Activity Amount

Federal Payment for Defender Services in District of Columbia Courts ......................................................... $25,000,000

Inflation Reduction Act:

Internal Revenue Service Enforcement ................................................................................................... 6,065,000,000

Internal Revenue Service Operations Support ........................................................................................ 4,101,000,000

General Services Administration ............................................................................................................. 3,210,000,000

RANSFERS OF

UNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House

of Representatives, the following list is submitted describing the

transfers of funds in the accompanying bill:

NDER

ITLE

I—D

EPARTMENT OF THE

REASURY

Language is included under the Committee on Foreign Invest-

ment in the United States allowing the transfer of funds to a de-

partment or agency represented on the Committee upon the ad-

vance notification.

Language is included under Department-Wide Systems and Cap-

ital Investments allowing the transfer of funds to accounts nec-

essary to satisfy the requirement of the Department’s offices, bu-

reaus, and other organizations.

Section 114 authorizes transfers, up to two percent, between De-

partmental 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 ap-

propriations under certain circumstances.

Section 115 authorizes transfers, up to two percent, between the

IRS and the Treasury Inspector General for Tax Administration

under certain circumstances.

Section 117 allows the transfer from the Bureau of the Fiscal

Service to the Debt Collection Fund as necessary to cover the costs

of debt collection.

NDER

ITLE

II—E

XECUTIVE

FFICE OF THE

RESIDENT AND

UNDS

PPROPRIATED TO THE

RESIDENT

Language is included under Federal Drug Control Programs,

High Intensity Drug Trafficking Areas Program, which allows for

the transfer of funds to Federal departments or agencies and State

and local entities.

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Language is included under Other Federal Drug Control Pro-

grams allowing the transfers of funds to other Federal departments

and agencies to carry out activities.

Language is included under Information Technology Oversight

and Reform allowing the transfer of funds to other agencies to

carry out projects.

Language is included under the Official Residence of the Vice

President, Operating Expenses, allowing the transfer of funds to

other Federal departments or agencies.

Section 201 permits the Executive Office of the President to

transfer up to 10 percent of certain appropriations, subject to ap-

proval of the Committee.

NDER

ITLE

III—

THE

UDICIARY

Language is included under Court Security allowing the transfer

of funds to the United States Marshals Service for courthouse secu-

rity.

Section 302 permits the Judiciary to transfer up to five percent

of any appropriation with certain limitations.

NDER

ITLE

V—I

NDEPENDENT

GENCIES

Language is included under the General Services Administration

allowing the transfer of funds within the Federal Buildings Fund,

under certain circumstances, upon the advance approval of the

Committees.

Language is included under the General Services Administration,

Federal Citizens Services Fund, allowing the transfer of funds from

the Federal Citizens Services Fund to Federal agencies.

Language is included under the General Services Administration,

Pre-Election Presidential Transition, allowing the transfer of funds

from the Pre-Election Presidential Transition Account to the Acqui-

sition Services Fund or the Federal Buildings fund.

Language is included under the General Services Administration,

Working Capital Fund, allowing the transfer of funds from the

Working Capital Fund to other Federal agencies.

Section 541 permits the General Services Administration to

transfer funds to the Federal Buildings Fund upon the advance ap-

proval of the Committees.

Language is included under the Merit Systems Protection Board,

Salaries and Expenses, allowing the transfer from the Civil Service

Retirement and Disability Fund.

Language is included under the Morris K. Udall and Stewart L.

Udall Foundation, Morris K. Udall and Stewart L. Udall Trust

Fund, allowing the transfer of funds from the Office of Inspector

General of the Department of the Interior to the Morris K. Udall

and Stewart L. Udall Foundation for annual independent financial

audits.

Language is included under the Office of Personnel Management,

Salaries and Expenses, allowing the transfer of certain trust funds

to the Salaries and Expenses account for administrative expenses,

and allowing the transfer of up to five percent of the appropriation

into an information technology working capital fund upon the ad-

vance approval of the Committees.

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Language is included under the Office of Personnel Management,

Office of Inspector General, allowing the transfer of certain trust

funds to the Office of Inspector General account for administrative

expenses.

Language is included under the Small Business Administration,

Business Loans Program Account, allowing funds to be transferred

to and merged with the Salaries and Expenses appropriation.

Language is included under the Small Business Administration,

Disaster Loans Program Account, allowing funds to be transferred

to and merged with the Office of Inspector General and Salaries

and Expenses appropriations.

Section 560 permits the transfer of funds between appropriations

of the Small Business Administration.

Section 561 permits the transfer of funds from the Small Busi-

ness Administration Salaries and Expenses and Business Loans

Program Account appropriations into the Information Technology

Systems Modernization and Working Capital Fund.

Section 563 permits the transfer of funds from the Small Busi-

ness Administration to the Community Navigator Pilot Program.

Language is included under the United States Postal Service, Of-

fice of Inspector General, Salaries and Expenses, allowing the

transfer of funds from the Postal Service Fund.

Language is included under the United States Tax Court allow-

ing the transfer of the Tax Court’s disposition of fees.

NDER

ITLE

VII—G

ENERAL

ROVISIONS

—G

OVERNMENT

-W

IDE

Section 721 permits departments and agencies to transfer funds

to the General Services Administration to support certain financial,

information technology, procurement, and other management ini-

tiatives.

Section 751 permits the Executive branch to transfer funds to

the General Services Administration, Federal Citizen Services

Fund.

NDER

ITLE

VIII—G

ENERAL

ROVISIONS

—D

ISTRICT OF

OLUMBIA

Section 813 permits amounts appropriated in this Act to be

transferred to the District of Columbia’s enterprise and capital

funds.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED

SPENDING ITEMS

Pursuant to clause 9 of rule XXI of the Rules of the House of

Representatives, neither the bill nor this report contains any con-

gressional earmarks, limited tax benefits, or limited tariff benefits

as defined in clause 9 of rule XXI of the Rules of the House of Rep-

resentatives.

HANGES IN THE

PPLICATION OF

XISTING

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the

House of Representatives, the following statements are submitted

describing the effect of provisions in the accompanying bill which

directly or indirectly change the application of existing law.

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ITLE

I—D

EPARTMENT OF THE

REASURY

Language is included for Departmental Offices, Salaries and Ex-

penses, that provides funds for operation and maintenance of

Treasury Buildings; hire of passenger motor vehicles; maintenance,

repairs, and improvements of, and purchase of commercial insur-

ance policies for real properties leased or owned overseas; and for

domestic finance and tax policy activities. Language is also in-

cluded designating funds for official reception and representation

expenses; unforeseen emergencies of a confidential nature; and ex-

tending the period of availability for certain funds.

Language is included for the Committee on Foreign Investment

in the United States Fund that provides for the transfer of funds

to departments or agencies represented on the Committee for ex-

penses of implementing section 721 of the Defense Production Act

of 1950. Language is included that provides for the assessment and

collection of offsetting collections.

Language is included for Office of Terrorism and Financial Intel-

ligence, Salaries and Expenses, that provides funds to safeguard

the financial system from national security threats.

Language is included for the Cybersecurity Enhancement Ac-

count that provides funds for enhanced cybersecurity for systems

operated by the Department of the Treasury.

Language is included for Department-wide Systems and Capital

Investments Programs that provides funds for equipment, software,

and repairs and renovations to buildings owned by the Department

of the Treasury.

Language is included for the Office of Inspector General, Salaries

and Expenses, that provides funds to carry out the provisions of

the Inspector General Act of 1978, including the hire of vehicles,

unforeseen emergencies of a confidential nature, official reception

and representation expenses, and unforeseen emergencies of a con-

fidential nature.

Language is included for the Treasury Inspector General for Tax

Administration, Salaries and Expenses, that provides funds to

carry out the provisions of the Inspector General Act of 1978, in-

cluding consulting services, official reception and representation ex-

penses, the purchase and hire of motor vehicles, unforeseen emer-

gencies of a confidential nature, and specifies the period of avail-

ability for certain funds.

Language is included for the Special Inspector General for the

Troubled Asset Relief Program, Salaries and Expenses, that pro-

vides funds for carrying out the provisions of the Emergency Eco-

nomic Stabilization Act of 2008 (Public Law 110–343).

Language is included for Financial Crimes Enforcement Net-

work, Salaries and Expenses, that provides funds for the hire of

motor vehicles; travel and training of non-Federal and foreign gov-

ernment personnel attending meetings involving domestic or for-

eign financial intelligence, law enforcement, and regulation; official

reception and representation expenses; and assistance to Federal

law enforcement agencies with or without reimbursement. Lan-

guage is also included that extends the period of availability for

certain amounts.

Language is included for the Bureau of the Fiscal Service, Sala-

ries and Expenses, that provides funds for necessary expenses, in-

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cluding for official reception and representation expenses, and ex-

tends the period of availability for information systems moderniza-

tion funds. Language is also included specifying an amount to be

derived from the Oil Spill Liability Trust Fund.

Language is included for the Alcohol and Tobacco Tax and Trade

Bureau, Salaries and Expenses, that provides funds for the hire of

passenger motor vehicles, official reception and representation ex-

penses, cooperative research and development programs, and lab-

oratory assistance to State and local agencies. Language is in-

cluded that extends the period of availability for certain amounts.

Language is included for the United States Mint, United States

Mint Public Enterprise Fund, which identifies the source of funding

for the operations and activities of the U.S. Mint and specifies the

level of funding for circulating coinage and protective service cap-

ital investments.

Language is included for the Community Development Financial

Institutions Fund Program Account that provides specific amounts

for: financial and technical assistance; individuals with disabilities;

Native American initiatives; Bank Enterprise Awards; Healthy

Food Financing Initiatives; Small Dollar Loan Program; and ad-

ministrative expenses for the program and cost of direct loans.

Language is included for clarifying the amount for the Bond Guar-

antee Program.

Language is included for the Internal Revenue Service, Taxpayer

Services, that provides funds for pre-filing assistance and edu-

cation, filing and account services, and taxpayer advocacy services,

and dedicating funding for the Tax Counseling for the Elderly Pro-

gram, low-income taxpayer clinic grants, and Community Volun-

teer Income Tax Assistance grants.

Language is included for the Internal Revenue Service, Enforce-

ment, that provides funds to determine and collect owed taxes, pro-

vide legal and litigation support, conduct criminal investigations,

enforce criminal statutes, purchase and hire of vehicles; and des-

ignates funding for the Interagency Crime and Drug Enforcement

program. Language is included specifying the period of availability

for certain funds.

Language is included for the Internal Revenue Service, Oper-

ations Support, that provides funds for operating and supporting

taxpayer services and tax law enforcement programs; facilities

services; printing; postage; physical security; headquarters and

other IRS-wide administration activities; research and statistics of

income; telecommunications; information technology development,

enhancement, operations, maintenance, and security; hire of pas-

senger motor vehicles; and official reception and representation ex-

penses. Language is included specifying the period of availability

for certain funds and requiring reports on information technology.

Language is included for the Internal Revenue Service, Business

Systems Modernization, that provides for the capital asset acquisi-

tion of information technology, including management and related

contractual costs and IRS labor costs of said acquisitions, contrac-

tual costs associated with operations, an extended availability of

the funds and requires quarterly reports on the Integrated Busi-

ness Systems Modernization plan.

In addition, the bill provides the following administrative provi-

sions:

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Section 101. Language is included that requires the IRS to main-

tain a training program in taxpayers’ rights, dealing courteously

with taxpayers, cross-cultural relations, and the impartial applica-

tion of tax law.

Section 102. Language is included that requires the IRS to insti-

tute and enforce policies and procedures that will safeguard the

confidentiality of taxpayer information and protect taxpayers

against identity theft.

Section 103. Language is included that makes funds available for

improved facilities and increased staffing to provide efficient and

effective 1–800 number help line service for taxpayers.

Section 104. Language is included to require the IRS to issue no-

tices to employers of any address change request and to give spe-

cial consideration to offers in compromise for taxpayers who have

been victims of payroll tax preparer fraud.

Section 105. Language is included to prohibit the IRS from tar-

geting U.S. citizens for exercising their First Amendment rights.

Section 106. Language is included to prohibit the use of funds by

the IRS to target groups based on their ideological beliefs.

Section 107. Language is included to prohibit the use of funds by

the IRS on conferences that do not adhere to recommendations

made by the Treasury Inspector General for Tax Administration.

Section 108. Language is included to prohibit the use of funds for

IRS employee awards or hiring programs that do not consider em-

ployee conduct and Federal tax compliance.

Section 109. Language included to prohibit the use of funds in

contravention of section 6103 of the Internal Revenue Code of 1986

(relating to confidentiality and disclosure of returns and return in-

formation).

Section 110. Language is included that provides direct hiring au-

thorities for IRS positions.

Section 111. Language is included that extends the current home

to work transportation for the IRS Commissioner for fiscal year

2024.

Section 112. Language is included prohibiting the IRS from de-

veloping its own Free File software before seeking Congressional

approval.

Section 113. Language is included prohibiting the IRS from pur-

chasing firearms or ammunition above specified levels.

Section 114. Language is included to authorize the Department

to purchase uniforms, insurance for motor vehicles that are over-

seas, and motor vehicles that are overseas, without regard to the

general purchase price limitations; to enter into contracts with the

State Department for health and medical services for Treasury em-

ployees that are overseas; and to hire experts or consultants.

Section 115. Language is included to authorize transfers, up to

two percent, between Departmental Offices—Salaries and Ex-

penses, Office of Inspector General, Special Inspector General for

the Troubled Asset Relief Program, Financial Crimes Enforcement

Network, Bureau of the Fiscal Service, and Alcohol and Tobacco

Tax and Trade Bureau appropriations under certain circumstances.

Section 116. Language is included to authorize transfers, up to

two percent, between the Internal Revenue Service and the Treas-

ury Inspector General for Tax Administration under certain cir-

cumstances.

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Section 117. Language is included prohibiting the Department of

the Treasury from undertaking a redesign of the $1 Federal Re-

serve note.

Section 118. Language is included providing for transfers from

and reimbursements to Bureau of the Fiscal Service, Salaries and

Expenses, for the purposes of debt collection.

Section 119. Language is included prohibiting funds from being

used by the United States Mint to construct or operate any mu-

seum without the approval of the House and Senate committees of

jurisdiction.

Section 120. Language is included prohibiting funds from being

used to merge the U.S. Mint and the Bureau of Engraving and

Printing without the approval of the House and Senate committees

of jurisdiction.

Section 121. Language is included deeming that funds for the De-

partment of the Treasury’s intelligence-related activities are spe-

cifically authorized in fiscal year 2024 until enactment of the Intel-

ligence Authorization Act for fiscal year 2024.

Section 122. Language is included permitting the Bureau of En-

graving and Printing to use $5,000 from the Industrial Revolving

Fund for reception and representation expenses.

Section 123. Language is included requiring the Department of

the Treasury to submit a capital investment plan.

Section 124. Language is included prohibiting the Department of

the Treasury from finalizing regulations related to the tax-exempt

status of a 501(c)(4) organization.

Section 125. Language is included requiring the Department of

the Treasury to submit a report on the Franchise Fund.

Section 126. Language is included requiring quarterly reports

from the Office of Financial Stability and the Office of Financial

Research.

Section 127. Language is included providing funding for the Spe-

cial Inspector General for Pandemic Recovery.

Section 128. Language is included requiring the Secretary of the

Treasury to produce a COVID–19 expenditure report to evaluate

potential waste, fraud, and abuse in COVID–19 programs.

Section 129. Language is included on the so-called people-to-peo-

ple category of travel.

Section 130. Language is included requiring a report on certain

categories of travel to Cuba.

Section 131. Language is included prohibiting the establishment

of a United States Central Bank Digital Currency and prohibits

discontinuation of paper currency as legal tender in the United

States.

Section 132. Language is included prohibiting funding for

FinCEN to promulgate the beneficial ownership reporting rules

that do not reflect Congressional intent.

Section 133. Language is included prohibiting the Federal Hous-

ing Finance Agency from implementing the single-family housing

mortgage credit fee pricing framework.

Section 134. Language is included prohibiting funding for an out-

bound investment review program until a report with specific infor-

mation is provided to the Committees of jurisdiction.

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ITLE

II—E

XECUTIVE

FFICE OF THE

RESIDENT

Language is included for The White House, Salaries and Ex-

penses, that provides funds for services authorized by 5 U.S.C.

3109 and 3 U.S.C. 103, 105 and 107; hire of vehicles; official recep-

tion and representation expenses; and the Office of Policy Develop-

ment.

Language is included for Executive Residence at the White

House, Operating Expenses, that provides funds for necessary ex-

penses as authorized by 3 U.S.C. 105, 109, 110, and 112–114.

Language is included for Executive Residence at The White

House, Reimbursable Expenses, that specifies the authorized use of

funds; specifies that reimbursable expenses are the exclusive au-

thority of the Executive Residence to incur obligations and receive

offsetting collections; requires the sponsors of political events to

make advance payments; requires the national committee of the

political party of the President to maintain $25,000 on deposit; re-

quires the Executive Residence to ensure that amounts owed are

billed within 60 days of a reimbursable event and collected within

30 days of the bill notice; authorizes the Executive Residence to

charge and assess interest and penalties on late payments; author-

izes all reimbursements to be deposited into the Treasury as mis-

cellaneous receipts; requires a report to the Committees on Appro-

priations on the reimbursable expenses within 90 days of the end

of the fiscal year; requires the Executive Residence to maintain a

system for tracking and classifying reimbursable events; and speci-

fies that the Executive Residence is not exempt from the require-

ments of subchapter I or II of chapter 37 of title 31, United States

Code.

Language is included for White House Repair and Restoration

that provides funds for the repair, alteration, and improvement of

the Executive Residence at the White House; and allows funds to

remain available until expended.

Language is included for Council of Economic Advisors, Salaries

and Expenses, that provides for necessary expenses in carrying out

the Employment Act of 1946.

Language is included for National Security Council and Home-

land Security Council, Salaries and Expenses, that provides for

services authorized by 5 U.S.C. 3109 and official reception and rep-

resentation expenses.

Language is included for Office of Administration, Salaries and

Expenses, that provides funds for continued modernization of the

information resources within the Executive Office of the President,

to remain available until expended; provides for services authorized

by 5 U.S.C. 3109 and 3 U.S.C. 107, and for the hire of vehicles; and

provides funds for a program to provide payments to students, re-

cent graduates, and veterans recently discharged from active duty

who are performing voluntary services in the Executive Office of

the President under section 3111(b) of title 5, United States Code,

or comparable authority. Language is included specifying that such

payments to students, recent graduates, and veterans shall not be

considered payments for purposes of section 3111(b) and may be

paid in advance.

Language is included for Office of Management and Budget, Sal-

aries and Expenses, that provides funds for services authorized by

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5 U.S.C. 3109, the hire of vehicles, and for carrying out provisions

of chapter 35 of title 44 United States Code and to prepare the

budget request; and specifies funds for official representation ex-

penses. Language is included that prohibits the review of agricul-

tural marketing orders; prohibits the use of funds for the purpose

of altering the transcript of testimony except for OMB officials; pro-

hibits the use of funds for evaluating or determining if water re-

source project or study reports submitted by the Chief of Engineers

are in compliance with all applicable laws, regulations, and re-

quirements; prohibits the use of funds for altering the Corps of En-

gineers annual work plan; specifies the amount of time to perform

budgetary policy reviews of water resource matters on which the

Chief of Engineers has reported before the report is considered ap-

proved, and specifies notification requirements; requires OMB to

make publicly available on a website a tabular list for each agency

that submits budget justification materials that includes the name

of the agency, the date on which the budget justification materials

of the agency were submitted to Congress, and a uniform resource

locator where the budget justification materials are published on

the website of the agency; and allows amounts appropriated to be

available for the liquidation of valid obligations incurred for fiscal

year 2017, as authorized by law, in excess of amounts that were

available for obligation during such fiscal year.

Language is included for the Office of the Intellectual Property

Enforcement Coordinator, that provides funds for expenses author-

ized by title III of the Prioritizing Resources and Organization for

Intellectual Property Act of 2008 and services authorized by 5

U.S.C. 3109.

Language is included for the Office of the National Cyber Direc-

tor, Salaries and Expenses, that provides funds for expenses au-

thorized by section 1752 of the William M. (Mac) Thornberry Na-

tional Defense Authorization Act for Fiscal Year 2021 (Public Law

116–283), and official reception and representation expenses.

Language is included for the Office of National Drug Control Pol-

icy, Salaries and Expenses, providing funds for research activities;

official reception and representation expenses; and participation in

joint projects or the provision of services to nonprofit, research, or

public organizations or agencies, with or without reimbursement.

Language is included permitting gifts for the purpose of aiding or

facilitating the work of the Office.

Language is included for Federal Drug Control Programs, High

Intensity Drug Trafficking Areas Program, that provides funds for

drug control activities, allows for the transfer of funds, and re-

quires notification on the distribution of funds.

Language is included for Other Federal Drug Control Programs

that provides certain amounts for drug control activities and allows

for the transfer of funds.

Language is included for Unanticipated Needs that provides for

the use of funds as authorized by 3 U.S.C. 108 and extends the

availability of funds.

Language is included for Information Technology Oversight and

Reform that provides for the use of funds, extends the availability

of funds, and allows for the transfer of funds.

Language is included for Special Assistance to the President, Sal-

aries and Expenses, that enables the Vice President to provide as-

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100

sistance to the President, services authorized by 5 U.S.C. 3109 and

3 U.S.C. 106, and the hire of vehicles.

Language is included for Official Residence of the Vice President,

Operating Expenses, that provides funds for operation and mainte-

nance of the official residence of the Vice President, the hire of ve-

hicles, and expenses authorized by 3 U.S.C. 106(b)(2), and provides

for the transfer of funds as necessary.

In addition, the bill provides the following administrative provi-

sions:

Section 201. Language is included permitting the transfer of not

to exceed ten percent of funds among various appropriations within

the Executive Office of the President, with advance approval of the

Committees on Appropriations. The amount of an appropriation

shall not be increased by more than 50 percent.

Section 202. Language is included requiring the Director of the

Office of Management and Budget to include a statement of budg-

etary impact with any Executive order or Presidential memo-

randum issued or rescinded during fiscal year 2023 where the reg-

ulatory cost exceeds $100,000,000.

Section 203. Language is included requiring the Director of the

Office of Management and Budget to issue a memorandum to all

Federal departments, agencies, and corporations directing compli-

ance with the provisions in title VII of this Act.

Section 204. Language is included requiring the Office of Man-

agement and Budget to permanently operate and maintain the sys-

tem to make publicly available, in an automated fashion, all docu-

ments apportioning an appropriation including explanations of any

footnotes for apportioned amounts (as that term is used in OMB

Circular No. A–11), to publish all relevant delegations of apportion-

ment authority, and to provide requested classified formation.

Section 205. Language is included requiring the Director of the

Office of Management and Budget to conduct an audit of appropria-

tions and issue a report to the Committee listing the unobligated

amounts that remain available under the Coronavirus Prepared-

ness and Response Supplemental Appropriations Act for 2020 (Pub-

lic Law 116–123), the Families First Coronavirus Response Act

(Public Law 116–127), the Coronavirus Aid, Relief, and Economic

Security Act (Public Law 116–136), the Paycheck Protection Pro-

gram and Health Care Enhancement Act (Public Law 116–139), Di-

visions M and N of the Consolidated Appropriations Act, 2021

(Public Law 116–260), and the American Rescue Plan Act of 2021

(Public Law 117–2).

Section 206. Language is included reducing the total amount ob-

ligated for the Executive Office of the President and Funds Appro-

priated to the President by $52,000,000 until the budget is sub-

mitted if the President fails to submit to Congress the annual

budget request on or before the first Monday in February as re-

quired by section 1105(a) of title 31, United States Code.

Section 207. Language is included prohibiting the Director of the

Office of Management and Budget from issuing any waiver or oth-

erwise carrying out section 265 of the Administrative Pay-As-You-

Go Act of 2023 (title III of Public Law 118–5).

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101

ITLE

III—T

UDICIARY

Language is included under Supreme Court of the United States,

Salaries and Expenses, providing for certain funds to remain avail-

able until expended; the hire of passenger motor vehicles, official

reception and representation, and miscellaneous expenses. Lan-

guage is included providing funds for salaries of judges as author-

ized by law.

Language is included under Supreme Court of the United States,

Care of the Building and Grounds, permitting funds to remain

available until expended.

Language is included under United States Court of Appeals for

the Federal Circuit, Salaries and Expenses, for necessary expenses

of the court. Language is included providing funds for salaries of

judges as authorized by law.

Language is included under United States Court of International

Trade, Salaries and Expenses, for necessary expenses of the court.

Language is included providing funds for salaries of judges as au-

thorized by law.

Language is included under Courts of Appeals, District Courts,

and Other Judicial Services, Salaries and Expenses, providing

funds for the salaries of certain judges, and all other employees not

otherwise provided for; necessary expenses; the purchase, rental,

repair and cleaning of uniforms for Probation and Pretrial Services

Office staff; firearms and ammunition; and specifies certain funds

remain available for certain periods for specific purposes. Language

is included providing funds for salaries of judges as authorized by

law. Language is also included providing funding from the Vaccine

Injury Compensation Trust Fund for certain purposes.

Language is included under Defender Services, providing for the

operation of Federal Defender organizations; the compensation and

reimbursement of expenses for attorneys, investigative, expert, and

other services, travel, training, and general administrative ex-

penses; and permitting funds to remain available until expended.

Language is included under Fees of Jurors and Commissioners

permitting funds to remain available until expended and specifying

limitations for the compensation of land commissioners.

Language is included under Court Security providing for protec-

tive guard services and procurement, installation, and maintenance

of security systems and equipment, building ingress-egress control,

inspection of mail and packages, directed security patrols, perim-

eter security, and services provided by the Federal Protective Serv-

ices. Language is included permitting certain funds to remain

available until expended, which may be transferred to the United

States Marshals Service.

Language is included under Administrative Office of the United

States Courts, Salaries and Expenses, providing for travel, the hire

of passenger motor vehicles, advertising and rent in the District of

Columbia. Language is included specifying certain amounts for offi-

cial reception and representation expenses.

Language is included under Federal Judicial Center, Salaries

and Expenses, extending the availability of certain funds for edu-

cation and training, and specifying certain amounts for official re-

ception and representation expenses.

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102

Language is included under United States Sentencing Commis-

sion, Salaries and Expenses, specifying certain amounts for official

reception and representation expenses.

In addition, the bill provides the following administrative provi-

sions:

Section 301. Language is included permitting funds for salaries

and expenses to be available for the employment of experts and

consultant services as authorized by 5 U.S.C. 3109.

Section 302. Language is included permitting up to five percent

of any appropriation made available for fiscal year 2023 to be

transferred between Judiciary appropriations provided that no ap-

propriation shall be decreased by more than five percent or in-

creased by more than ten percent by any such transfer except in

certain circumstances. In addition, the language provides that any

such transfer shall be treated as a reprogramming of funds under

sections 604 and 608 of the accompanying bill and shall not be

available for obligation or expenditure except in compliance with

the procedures set forth in those sections.

Section 303. Language is included allowing not to exceed $11,000

to be used for official reception and representation expenses in-

curred by the Judicial Conference of the United States.

Section 304. Language is included allowing the delegation of au-

thority to the Judiciary for contracts for repairs of less than

$100,000 through fiscal year 2023.

Section 305. Language is included allowing a court security pilot

program.

Section 306. Language is included to reduce the administrative

burdens associated with private panel attorney payments.

Section 307. Language is included extending temporary judge-

ships in Alabama Northern, Arizona, California Central, Florida

Southern, Hawaii, Kansas, Missouri Eastern, New Mexico, North

Carolina Western, and Texas Eastern.

ITLE

IV—D

ISTRICT OF

OLUMBIA

Language is included under Federal Payment for Resident Tui-

tion Support, permitting the amount appropriated to remain avail-

able until expended; specifying conditions for the use, award, and

financial accounting of funds; and requiring quarterly reports.

Language is included under Federal Payment for Emergency

Planning and Security Costs in the District of Columbia, providing

that the amount appropriated shall remain available until ex-

pended for providing public safety at events, including support of

the United States Secret Service, to respond to terrorist threats or

attacks.

Language is included under Federal Payment to the District of

Columbia Courts, authorizing official reception and representation

expenses; specifying certain amounts for specific purposes; pro-

viding all amounts under this heading shall be apportioned quar-

terly by the Office of Management and Budget and obligated and

expended in the same manner as funds appropriated for salaries

and expenses of other Federal agencies; allowing funds made avail-

able for capital improvements to remain available until September

30, 2025; providing for the reallocation of funds and providing for

certain payments.

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103

Language is included under Federal Payment for Defender Serv-

ices in District of Columbia Courts, providing that the amount ap-

propriated shall remain available until expended; specifying who

shall administer these funds; providing that all amounts under this

heading shall be apportioned quarterly by the Office of Manage-

ment and Budget and obligated and expended in the same manner

as funds appropriated for salaries and expenses of other Federal

agencies; and permanently cancelling unobligated balances from

prior year appropriations.

Language is included under Federal Payment to the Court Serv-

ices and Offender Supervision Agency for the District of Columbia,

allowing the transfer and hire of motor vehicles; authorizing official

reception and representation expenses; specifying certain amounts

for specific purposes and programs; allowing certain funds to re-

main available until September 30, 2026, for costs associated with

replacement leases for headquarters offices, field offices, and re-

lated facilities for Community Supervision and Sex Offender Reg-

istration; allowing specified to remain available until September

30, 2026, for costs associated with replacement leases for head-

quarters offices, field offices, and related facilities for Community

Supervision and Sex Offender Registration; providing that all

amounts under this heading shall be apportioned quarterly by the

Office of Management and Budget and obligated and expended in

the same manner as funds appropriated for salaries and expenses

of other Federal agencies; allowing the use of programmatic incen-

tives for offenders and defendants who successfully meet the terms

of their supervision; authorizing the Director to accept, solicit, and

use on the behalf of the Agency any monetary or nonmonetary gift

to support offenders and defendants successfully meeting terms of

supervision.

Language is included under Federal Payment to the District of

Columbia Public Defender Service, allowing the transfer and hire

of motor vehicles; providing that all amounts under this heading

shall be apportioned quarterly by the Office of Management and

Budget and obligated and expended in the same manner as funds

appropriated for salaries and expenses of other Federal agencies;

and authorizing the acceptance and use of voluntary and uncom-

pensated services to facilitate the work of the District of Columbia

Public Defender Service.

Language is included under Federal Payment to the Criminal

Justice Coordinating Council, specifying that the amount appro-

priated shall remain available until expended to support initiatives

related to the coordination of Federal and local criminal justice re-

sources.

Language is included under Federal Payment for Judicial Com-

missions, specifying certain amounts for certain commissions and

allowing for appropriations to remain available until September 30,

2025.

Language is included under Federal Payment for School Im-

provement, allowing for appropriations to remain available until

expended for payments authorized under the Scholarship for Op-

portunity and Results Act (SOAR).

Language is included under Federal Payment for the District of

Columbia National Guard, providing funds for the National Guard

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Retention and College Access Program to remain available until ex-

pended.

Language is included under Federal Payment for Testing and

Treatment of HIV/AIDS for testing and treatment.

Language is included under Federal Payment to the District of

Columbia Water and Sewer Authority to continue implementation

of the Combined Sewer Overflow Long-Term Plan.

ITLE

V—I

NDEPENDENT

GENCIES

Language is included for the Administrative Conference of the

United States, Salaries and Expenses, that provides for expenses,

including official reception and representation, and extends the

availability of funds.

Language is included for the Consumer Product Safety Commis-

sion, Salaries and Expenses, that provides funds for expenses, the

hire of motor vehicles, services as authorized by 5 U.S.C. 3109

(with a limitation on rates for individuals), and official reception

and representation expenses.

The bill includes the following administrative provision under

the Consumer Product Safety Commission:

Section 510. Language is included prohibiting funds to finalize,

implement, or enforce the proposed rule on recreational off-highway

vehicles until a study is completed by the National Academy of

Sciences.

Section 511. Language is included prohibiting funds to prohibit

the use of or sale of gas-powered stoves, cooktops, ranges, or ovens

in the United States.

Language is included for the Election Assistance Commission,

Salaries and Expenses, that provides funds to carry out the Help

America Vote Act of 2002.

Language is included under the Federal Communications Com-

mission, Salaries and Expenses, permitting funds for uniforms and

allowances therefor, official reception and representation expenses,

purchase and hire of motor vehicles, special counsel fees, and serv-

ices as authorized by 5 U.S.C. 3109. Language provides for the as-

sessment and collection of offsetting collections, authorizes reten-

tion of such collections, and provides that they remain available

until expended. Language prohibits the availability for obligation of

excess collections. Language limits the use of proceeds from the use

of a competitive bidding system. Language provides funding for the

Office of Inspector General.

The bill includes the following administrative provisions under

the Federal Communications Commission:

Section 520. Language is included extending an exemption from

the Antideficiency Act for the Universal Service Fund.

Section 521. Language is included prohibiting the Federal Com-

munications Commission from changing rules governing the Uni-

versal Service Fund regarding single connection or primary line re-

strictions.

Section 522. Language is included prohibiting the Federal Com-

munications Commission from changing or amending the Lifeline

Minimum Service Standard.

Language is included for the Federal Deposit Insurance Corpora-

tion, Office of the Inspector General, that provides for the funds to

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be derived from the Deposit Insurance Fund, and the Federal Sav-

ings and Loan Insurance Corporation Resolution Fund.

Language is included for the Federal Election Commission, Sala-

ries and Expenses, providing for expenses including official recep-

tion and representation expenses.

Language is included for the Federal Labor Relations Authority,

Salaries and Expenses, that provides funds for services authorized

by 5 U.S.C. 3109, the hire of experts and consultants, hire of motor

vehicles, reception and representation expenses, and the rental of

conference rooms; authorizes travel payments to public members of

the Federal Service Impasses Panel; and allows for fees collected

to be transferred to and merged with the appropriation.

Language is included for the Federal Permitting Improvement

Steering Council, Environmental Review Improvement Fund, that

provides for services provided pursuant to 42 U.S.C. 4370m–8(d).

Language is included for the Federal Trade Commission, Salaries

and Expenses, permitting funds for uniforms and allowances there-

for, services authorized by 5 U.S.C. 3109, official reception and rep-

resentation expenses, hire of motor vehicles, contract for collection

services, and language limiting funding for the Bureau of Competi-

tion. Language provides for the crediting and retention of certain

fees. Language also prohibits funds from being used to implement

subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance

Act.

The bill includes the following administrative provisions under

the Federal Trade Commission:

Section 530. Language is included prohibiting the Federal Trade

Commission from implementing and enforcing the Motor Vehicle

Dealers Trade Regulation Rule.

Section 531. Language is included prohibiting further regulatory

action by the Federal Trade Commission on the Earnings Claims

and Business Opportunity rulemakings until a clear statement of

need is made or other industry analysis is conducted.

Section 532. Language is included prohibiting the July 9, 2021,

Statement of the Commission on the Withdrawal of the Statement

of Enforcement Principles Regarding ‘‘Unfair Methods of Competi-

tion’’.

Section 533. Language is included prohibiting the October 25,

2021, Statement of the Commission on Use of Prior Approval Provi-

sions in Merger Orders.

Language is included for the General Services Administration,

Federal Buildings Fund, that allows for revenues and collections to

be spent from the Fund; specifies the conditions under which funds

made available can be used; limits the availability of funds for cer-

tain purposes; specifies funding for construction and acquisition

projects; provides for certain transfers of funds; requires spending

plans; and prohibits excess funds from being available.

Language is included for the General Services Administration,

Government-wide Policy, that provides funds for policy and evalua-

tion activities associated with the management of real and personal

property assets and certain administrative services; support re-

sponsibilities relating to acquisition, telecommunications, motor ve-

hicles, information technology management, and related technology

activities; and services authorized by 5 U.S.C. 3109.

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Language is included for the General Services Administration,

Operating Expenses, that provides funds for Government-wide ac-

tivities associated with personal and real property disposal, and

services authorized by 5 U.S.C. 3109; and for expenses for activities

associated with agency-wide policy direction and management.

Language is included for the General Services Administration,

Civilian Board of Contract Appeals, that provides funds for activi-

ties associated with the Civilian Board of Contract Appeals and ex-

tends the period of availability for certain funds.

Language is included for the General Services Administration,

Office of Inspector General, that makes certain funds available

until expended and provides for awards in recognition of efforts

that enhance the office. Language is included for services author-

ized by 5 U.S.C. 3109 and designates funds for information and de-

tection of fraud.

Language is included for the General Services Administration,

Allowances and Office Staff for Former Presidents, for carrying out

the provisions of 3 U.S.C. 102 note and Public Law 95–138.

Language is included for the General Services Administration,

Federal Citizen Services Fund, which provides funds for the Office

of Citizen Services and other information technology costs and al-

lows for certain transfers to the Federal Citizen Services Fund.

Language is also included for the Federal Citizen Services Fund

that authorizes funds to be deposited in the Fund and limits the

availability of funds in the Fund.

Language is included for the General Services Administration,

Pre-Election Presidential Transition, that provides funds for pre-

election Presidential transition activities.

Language is included for the General Services Administration,

Asset Proceeds and Space Management Fund, that provides funds

to carry out section 16(b) of the Federal Assets Sale and Transfer

Act of 206.

Language is included for the General Services Administration,

Working Capital Fund, that provides funds for GSA’s administra-

tive services.

In addition, the bill includes the following administrative provi-

sions under the General Services Administration:

Section 540. Language is included providing authority for the use

of funds for the hire of motor vehicles.

Section 541. Language is included providing that funds made

available for activities of the Federal Buildings Fund may be trans-

ferred between appropriations with advance approval of the Con-

gress to apply to funds provided in prior appropriations Acts.

Section 542. Language is included requiring funds proposed for

developing courthouse construction requests to meet appropriate

standards and the priorities of the Judicial Conference.

Section 543. Language is included providing that no funds may

be used to increase the amount of occupiable square feet, provide

cleaning services, security enhancements, or any other service usu-

ally provided, to any agency which does not pay the assessed rent.

Section 544. Language is included permitting the General Serv-

ices Administration to pay small claims (up to $250,000) made

against the Federal Government.

Section 545. Language is included requiring the Administrator of

the General Services Administration to ensure that the delineated

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107

area of procurement for all lease agreements is identical to the de-

lineated area included in the prospectus unless prior notice is given

to the Committees.

Section 546. Language is included requiring a spend plan for cer-

tain accounts and programs.

Section 547. Language is included prohibiting the General Serv-

ices Administration or any other Federal agency from obligating or

expending funds for the leasing of facilities for temporary or per-

manent use by the United States Space Command for headquarters

operations until the Administrator of the General Services Admin-

istration, in coordination with the Secretary of the Air Force, sub-

mits a report to the Committee on all leased facilities associated

with the U.S. Space Command headquarters.

Language is included for the Harry S Truman Scholarship Foun-

dation, Salaries and Expenses, providing for payment to the Harry

S Truman Scholarship Foundation Trust Fund.

Language is included for the Merit Systems Protection Board,

Salaries and Expenses, that provides funds for services authorized

by 5 U.S.C. 3109, rental of conference rooms, hire of passenger

motor vehicles, direct procurement of survey printing, and official

reception and representation expenses; specifies the period of avail-

ability for certain funds; provides for administration expenses to

adjudicate retirement appeals; and provides for the transfer of cer-

tain funds.

Language is included for the Morris K. Udall and Stewart L.

Udall Foundation, for payment to the Morris K. Udall and Stewart

L. Udall Trust Fund, pursuant to the Morris K. Udall and Stewart

L. Udall Foundation Act (20 U.S.C. 5601 et seq.), and provides for

funds to be available until expended.

Language is included for the Morris K. Udall and Stewart L.

Udall Foundation, Environmental Dispute Resolution Fund, to

carry out activities under sections 10 and 11 of Public Law 111–

90, and provides for funds to be available until expended.

Language is included for the National Archives and Records Ad-

ministration, Operating Expenses, that provides funds for uniforms

or allowances therefor, as authorized by 5 U.S.C. 5901, including

maintenance, repairs, and cleaning; the hire of passenger motor ve-

hicles; activities of the Public Interest Declassification Board; the

review and declassification of documents; and the operations and

maintenance of the electronic records archive. Language is included

for expenses necessary to enhance the Federal Government’s ability

to electronically preserve, manage, and store Government records.

Language is included for the National Archives and Records Ad-

ministration, Office of Inspector General, that provides funds for

the hire of motor vehicles.

Language is included for the National Archives and Records Ad-

ministration, Repairs and Restoration, that provides funds for the

repair, alteration, and improvement of archives facilities and provi-

sion of adequate storage for holdings; and provides that funds re-

main available until expended.

Language is included under the National Archives and Records

Administration, National Historical Publications and Records Com-

mission, Grants Program, that provides funds for allocations and

grants for historical publications and records; and provides that

funds remain available until expended.

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108

Language is included under the National Credit Union Adminis-

tration, Community Development Revolving Loan Fund, that pro-

vides funds for technical assistance and extends the availability of

funds.

Language is included under the Office of Government Ethics,

Salaries and Expenses, that provides funds for services authorized

by 5 U.S.C. 3109, rental of conference rooms, hire of passenger

motor vehicles, and official reception and representation expenses.

Language is included under the Office of Personnel Management,

Salaries and Expenses, that provides funds for services authorized

by 5 U.S.C. 3109, medical examinations for veterans, rental of con-

ference rooms, hire of passenger motor vehicles, official reception

and representation expenses, advances for reimbursements, pay-

ment of per diem or subsistence allowances, and the transfer of ad-

ministrative expenses; directs that provisions shall not affect other

authorities; prohibits funds for the Legal Examining Unit; and au-

thorizes the acceptance of donations under certain conditions. Lan-

guage is included for the OPM IT Working Capital Fund.

Language is included for the Office of Personnel Management,

Office of Inspector General, Salaries and Expenses, that provides

funds for services authorized by 5 U.S.C. 3109, hire of passenger

motor vehicles, rental of conference rooms, and a transfer for ad-

ministrative expenses.

Language is included for the Office of Special Counsel, Salaries

and Expenses, that provides funds for services authorized by 5

U.S.C. 3109, payment of fees and expenses for witnesses, rental of

conference rooms, and the hire of passenger motor vehicles.

Language is included for the Privacy and Civil Liberties Over-

sight Board, Salaries and Expenses, that provides funds authorized

by section 1061 of 42 U.S.C. 2000ee.

Language is included for the Public Buildings Reform Board,

that provides funds for carrying out the Federal Assets Sale and

Transfer Act of 2016 (Public Law 114–287).

Language is included for the Securities and Exchange Commis-

sion, Salaries and Expenses, that provides for rental of space, serv-

ices, reception and representation expenses, a permanent secre-

tariat for the International Organization of Securities Commis-

sions, and consultations and meetings hosted by the Commission.

Language is included limiting funding for the Division of Enforce-

ment. Language is included designating funds for move, replica-

tion, and related costs associated with a replacement lease for the

Commission’s District of Columbia headquarters facilities as well

as the Commission’s Atlanta office. Language is included that pro-

vides for the crediting of offsetting collections. Language provides

for the assessment and collection of offsetting collections, author-

izes retention of such collections, and provides that they remain

available until expended.

The bill includes the following administrative provisions under

the Securities and Exchange Commission:

Section 550. Language is included prohibiting the use of funds to

finalize or enforce the Climate Disclosure rule.

Section 551. Language is included prohibiting the use of funds to

finalize or enforce the proposed ‘‘Open-End Fund Liquidity Risk

Management Programs and Swing Pricing: Form N–Port Report-

ing’’ rulemaking.

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109

Section 552. Language is included prohibiting the use of funds to

finalize, implement, or enforce the ‘‘Regulation Best Execution’’,

‘‘Order Competition Rule’’, and ‘‘Regulation NMS: Minimum Pricing

Increments, Access Fees, and Transparency of Better Priced Order’’

rulemakings.

Section 553. Language is included prohibiting the use of funds by

the Securities and Exchange Commission to compel a private com-

pany to make a public offering through a change in the definition

of ‘‘held of record.’’

Section 554. Language is included prohibiting the use of funds to

finalize, implement, or enforce the ‘‘Safeguarding Advisory Client

Assets’’ rulemaking.

Section 555. Language is included prohibiting the prohibiting the

collection of personally identifiable information (PII) under the

Consolidated Audit Trail and a report by the Government Account-

ability Office on the privacy concerns, constitutionality, and author-

ity of the SEC to collect PII.

Section 556. Language is included prohibiting the use of funds to

finalize, implement, or enforce the rulemaking entitled ‘‘Amend-

ments Regarding the Definition of ‘‘Exchange’’ and Alternative

Trading Systems That Trade U.S. Treasury and Agency Securities,

National Market System Stocks, and Other Securities’’.

Language is included for the Selective Service System, Salaries

and Expenses, that provides funds for attendance of meetings,

training, hire of passenger motor vehicles, services authorized by 5

U.S.C. 3109, and official reception and representation expenses; au-

thorizes certain exemptions under certain conditions; and prohibits

funds used in connection with the induction of any person into the

Armed Forces of the United States.

Language is included for the Small Business Administration, Sal-

aries and Expenses, that provides funds for the hire of motor vehi-

cles and official reception and representation expenses; designates

funds for lender oversight activities; provides authority to charge

fees and credit such fees to the account without further appropria-

tion; authorizes the acceptance of gifts; and extends the period of

availability of funds for the Loan Modernization and Accounting

System and the certification of small businesses owned by veterans

and service-disabled veterans.

Language is included for the Small Business Administration, En-

trepreneurial Development Programs, that provides funds for pro-

grams supporting entrepreneurial and small business development

grant programs. Language is included extending the availability of

funds.

Language is included for the Small Business Administration, Of-

fice of Inspector General, that provides funds to carry out the pro-

visions of the Inspector General Act of 1978.

Language is included for the Small Business Administration, Of-

fice of Advocacy, that provides funds to carry out the provisions of

the Independent Office of Advocacy Act of 2003 and the Regulatory

Flexibility Act of 1980, and provides such funds to remain available

until expended.

Language is included for the Small Business Administration,

Business Loans Program Account, providing funds for the cost of

direct loans, to remain available until expended, and limiting com-

mitments for certain guaranteed loan programs. Language is also

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included authorizing the transfer of funds to the Salaries and Ex-

penses appropriation for administrative expenses.

Language is included for the Small Business Administration,

Disaster Loans Program Account, that provides funds for adminis-

trative expenses, to remain available until expended, and author-

izes the transfer of funds to the Office of Inspector General and the

Salaries and Expenses appropriations.

The bill includes the following administrative provisions under

the Small Business Administration:

Section 560. Language is included allowing for the transfer of

funds between Small Business Administration appropriations.

Section 561. Language is included allowing for the transfer of

funds from the Small Business Administration Salaries and Ex-

penses and Business Loans Program Account appropriations into

the Information Technology Systems Modernization and Working

Capital Fund.

Section 562. Language is included to prohibit funds to carry out

enforcement actions for a disaster loan recipient if that individual

is unable to make monthly payments if the loan recipient is eligible

for duplication of benefits relief but has not yet received Commu-

nity Development Block Grant Funds for which they are eligible.

Section 563. Language is included to prohibit the Small Business

Administration from further funding or transferring funds to the

Community Navigators program.

Section 564. Language is included to prohibit the Small Business

Administration from funding climate change initiatives.

Language is included for the United States Postal Service, Pay-

ment to the Postal Service Fund, that provides funds for revenue

foregone; stipulates that mail for overseas voting and mail for the

blind is free; prohibits funds in this Act from being used to charge

a fee to a child support enforcement agency seeking the address of

a postal customer; prohibits funds from being used to consolidate

or close small rural and other small post offices; and requires the

Postal Service to continue to offer for sale copies of the Multi-

national Species Conservation Funds Semipostal Stamp.

Language is included for the United States Postal Service, Office

of Inspector General, that provides for transfer from the Postal

Service Fund.

Language is included for the United States Tax Court, Salaries

and Expenses, that provides funds for contract reporting; other

services authorized by 5 U.S.C. 3109; and official reception and

representation expenses; that extends the availability of some

funds; and that requires that travel expenses of the judges shall be

paid upon the written certificate of the judge.

ITLE

VI—G

ENERAL

ROVISIONS

—T

HIS

In addition, the bill provides the following provisions under this

title:

Section 601. Language is included prohibiting pay and other ex-

penses for non-Federal parties in regulatory or adjudicatory pro-

ceedings funded in this Act.

Section 602. Language is included prohibiting obligations beyond

the current fiscal year and prohibiting transfers of funds unless ex-

pressly so provided herein.

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111

Section 603. Language is included limiting procurement contracts

for consulting service expenditures to contracts that are matters of

public record and available for public inspection.

Section 604. Language is included prohibiting transfer of funds

in this Act without express authority.

Section 605. Language is included prohibiting the use of funds to

engage in activities that would prohibit the enforcement of section

307 of the 1930 Tariff Act.

Section 606. Language is included concerning compliance with

the Buy American Act.

Section 607. Language is included prohibiting the use of funds by

any person or entity convicted of violating the Buy American Act.

Section 608. Language is included limiting the authority to re-

program funds within an appropriation above a specified threshold

without prior approval of the Committees on Appropriations. Lan-

guage is also included directing agencies to consult with the Com-

mittees prior to any significant reorganization, restructuring, relo-

cation, or closing of offices, programs, or activities and directs the

agencies funded by this Act to submit operating plans for the Com-

mittees’ review within 60 days of the bill’s enactment.

Section 609. Language is included providing that fifty percent of

unobligated balances may remain available for certain purposes.

Section 610. Language is included prohibiting funding for the Ex-

ecutive Office of the President to request either a Federal Bureau

of Investigation background investigation or Internal Revenue

Service determination with respect to section 501(a) of the Internal

Revenue Code of 1986, except with the express consent of the indi-

vidual involved in an investigation or in extraordinary cir-

cumstances involving national security.

Section 611. Language is included regarding cost accounting

standards for contracts under the Federal Employee Health Bene-

fits Program.

Section 612. Language is included regarding non-foreign area

cost of living allowances.

Section 613. Language is included prohibiting the expenditure of

funds for abortions under the Federal Employee Health Benefits

Program.

Section 614. Language is included providing an exemption from

section 613 if the life of the mother is in danger or the pregnancy

is a result of an act of rape or incest.

Section 615. Language is included waiving restrictions on the

purchase of non-domestic articles, materials, and supplies in the

case of acquisition of information technology by the Federal govern-

ment.

Section 616. Language is included prohibiting officers or employ-

ees of any regulatory agency or commission funded by this Act from

accepting travel payments or reimbursements from a person or en-

tity regulated by such agency or commission.

Section 617. Language is included requiring certain agencies in

this Act to consult with the General Services Administration before

seeking new office space or making alterations to existing office

space.

Section 618. Language is included providing for several appro-

priated mandatory accounts. These are accounts where authorizing

language requires the payment of funds.

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112

Section 619. Language is included prohibiting funds for the Fed-

eral Trade Commission to complete the draft report on food mar-

keted to children.

Section 620. Language is included requiring that the head of any

executive branch agency ensure that the Chief Information Officer

has authority to participate in the budget planning process and ap-

proval of the information technology budget.

Section 621. Language is included prohibiting funds in con-

travention of the Federal Records Act.

Section 622. Language is included prohibiting agencies from re-

quiring Internet Service Providers to disclose electronic commu-

nications information in a manner that violates the Fourth Amend-

ment.

Section 623. Language is included prohibiting funds to be used

to deny inspectors general access to records.

Section 624. Language is included relating to Universal Service

Fund payments for wireless providers.

Section 625. Language is included prohibiting any funds made

available in this Act from being used to establish a computer net-

work unless such network blocks the viewing, downloading, and ex-

changing of pornography.

Section 626. Language is included prohibiting any funds made

available in this Act from being used to pay for award or incentive

fees for contractors with below satisfactory performance.

Section 627. Language is included prohibiting funds made avail-

able in this Act from being used for certain travel and conference

activities unless an agency or entity determines that the travel is

in the national interest and advance notice is provided to the Ap-

propriations Committees.

Section 628. Language is included prohibiting funds made avail-

able in this Act from being used to fund first-class or business-class

travel in contravention of Federal regulations.

Section 629. Language is included providing additional funds for

the Inspectors General Council Fund to expand and update the

Federal-wide Inspectors General website oversight.gov.

Section 630. Language is included relating to contracts for public

relations services.

Section 631. Language is included relating to advertising and

educational programming.

Section 632. Language is included relating to statements by

grantees regarding projects or programs funded by this agreement.

Section 633. Language is included prohibiting funds for the Secu-

rities and Exchange Commission to finalize, issue, or implement

any rule, regulation, or order requiring the disclosure of political

contributions, contributions to tax-exempt organizations, or dues

paid to trade associations in SEC filings.

Section 634. Language is included requiring agencies funded in

this Act to submit to the Committees quarterly budget reports on

obligations.

Section 635. Language is included prohibiting the procurement of

electric vehicles, electric vehicle batteries, electric vehicle charging

stations or infrastructure.

Section 636. Language is included prohibiting the implementa-

tion of section 205 of Executive Order 14008 until a stable supply

of domestic-mined critical minerals can be achieved.

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113

Section 637. Language is included prohibiting the promotion or

advancement of Critical Race Theory.

Section 638. Language is included prohibiting the implementa-

tion of Executive Orders 13985, 14035, and 14091.

Section 639. Language is included prohibiting the use of funds to

support, directly or indirectly, the Wuhan Institute of Virology or

any laboratory owned or controlled by the governments of the Peo-

ple’s Republic of China, the Republic of Cuba, the Islamic Republic

of Iran, the Democratic People’s Republic of Korea, the Russian

Federation, the Bolivarian Republic of Venezuela under the regime

of Nicola

s Maduro Moros, or any other country determined by the

Secretary of State to be a foreign adversary.

Section 640. Language is included repealing the Federal Election

Commission’s prior approval requirement for corporate member

trade association Political Action Committees.

Section 641. Language is included prohibiting the use of funds to

discriminate against a person who speaks, or acts, in accordance

with a sincerely held religious belief, or moral conviction, that mar-

riage is, or should be recognized as, a union of one man and one

woman.

Section 642. Language is included rescinding certain unobligated

balances of amounts appropriated or otherwise made available in

Public Law 117–169.

ITLE

VII—G

ENERAL

ROVISIONS

—G

OVERNMENT

-W

IDE

In addition, the bill provides the following provisions under this

title:

Section 701. Language is included requiring agencies to admin-

ister a policy designed to ensure that all of its workplaces are free

from the illegal use of controlled substances.

Section 702. Language is included establishing price limitations

on vehicles to be purchased by the Federal Government with cer-

tain exceptions.

Section 703. Language is included allowing funds made available

to agencies for travel to also be used for quarters allowances and

cost-of-living allowances.

Section 704. Language is included prohibiting the employment of

noncitizens with certain exceptions.

Section 705. Language is included giving agencies the authority

to pay General Services Administration bills for space renovation

and other services.

Section 706. Language is included allowing agencies to finance

the costs of recycling and waste prevention programs with proceeds

from the sale of materials recovered through such programs.

Section 707. Language is included providing that funds made

available to corporations and agencies subject to 31 U.S.C. 91 may

pay rent and other service costs in the District of Columbia.

Section 708. Language is included prohibiting interagency financ-

ing of groups absent prior statutory approval.

Section 709. Language is included prohibiting the use of funds

for enforcing regulations disapproved in accordance with the appli-

cable law of the U.S.

Section 710. Language is included limiting the amount of funds

that can be used for redecoration of offices under certain cir-

cumstances.

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114

Section 711. Language is included allowing for interagency fund-

ing of national security and emergency telecommunications initia-

tives.

Section 712. Language is included requiring agencies to certify

that a Schedule C appointment was not created solely or primarily

to detail the employee to the White House.

Section 713. Language is included prohibiting the payment of

any employee who prohibits, threatens, or prevents another em-

ployee from communicating with Congress.

Section 714. Language is included prohibiting Federal training

not directly related to the performance of official duties.

Section 715. Language is included prohibiting, other than for

normal and recognized executive-legislative relationships, propa-

ganda, publicity and lobbying by executive agency personnel in

support or defeat of legislative initiatives.

Section 716. Language is included prohibiting any Federal agen-

cy from disclosing an employee’s home address to any labor organi-

zation, absent employee authorization or court order.

Section 717. Language is included prohibiting funds to be used

to provide non-public information such as mailing, telephone, or

electronic mailing lists to any person or organization outside the

government without the approval of the Committees on Appropria-

tions.

Section 718. Language is included prohibiting the use of funds

for propaganda and publicity purposes not authorized by Congress.

Section 719. Language is included directing agency employees to

use official time in an honest effort to perform official duties.

Section 720. Language is included allowing the use of funds to

finance an appropriate share of the Federal Accounting Standards

Advisory Board.

Section 721. Language is included allowing the transfer of funds

to the General Services Administration to finance an appropriate

share of various government-wide boards and councils and for Fed-

eral Government Priority Goals under certain conditions.

Section 722. Language is included permitting breast feeding in a

Federal building or on Federal property if the woman and child are

authorized to be there.

Section 723. Language is included permitting interagency fund-

ing of the National Science and Technology Council and provides

for a report on the budget and resources of the National Science

and Technology Council.

Section 724. Language is included requiring documents involving

the distribution of Federal funds to indicate the agency providing

the funds and the amount provided.

Section 725. Language is included prohibiting the use of funds to

monitor personal access or use of Internet sites or to collect, re-

view, or obtain any personally identifiable information relating to

access to or use of an Internet site.

Section 726. Language is included requiring health plans partici-

pating in the Federal Employees Health Benefits Program to pro-

vide contraceptive coverage and provides exemptions to certain reli-

gious plans.

Section 727. Language is included supporting strict adherence to

anti-doping activities.

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115

Section 728. Language is included allowing funds for official trav-

el to be used by departments and agencies, if consistent with OMB

Circular A–126, to participate in the fractional aircraft ownership

pilot program.

Section 729. Language is included the prohibits the implementa-

tion of OPM regulations limiting detailees to the legislative branch

and placing certain limitations on the Coast Guard Congressional

Fellowship program.

Section 730. Language is included restricting the use of funds for

Federal law enforcement training facilities.

Section 731. Language is included prohibiting Executive Branch

agencies from creating prepackaged news stories that are broadcast

or distributed in the United States unless the story includes a clear

notification within the text or audio of that news story that the

prepackaged news story was prepared or funded by that executive

branch agency.

Section 732. Language is included prohibiting use of funds in

contravention of section 552a of title 5, United States Code (the

Privacy Act) and regulations implementing that section.

Section 733. Language is included prohibiting funds from being

used for any Federal Government contract with any foreign incor-

porated entity which is treated as an inverted domestic corpora-

tion.

Section 734. Language is included requiring agencies to pay a fee

to the Office of Personnel Management for processing retirement of

employees who separate under Voluntary Early Retirement Au-

thority or who receive Voluntary Separation Incentive payments.

Section 735. Language is included prohibiting any entity submit-

ting an offer for a Federal contract to disclose political contribu-

tions.

Section 736. Language is included prohibiting funds for the

painting of a portrait of an employee of the Federal government in-

cluding the President, the Vice President, a Member of Congress,

the head of an executive branch agency, or the head of an office of

the legislative branch.

Section 737. Language is included limiting the pay increases of

certain prevailing rate employees.

Section 738. Language is included requiring agencies to submit

reports to Inspectors General concerning expenditures for agency

conferences.

Section 739. Language is included prohibiting funds to be used

to increase, eliminate, or reduce funding for a program or project

unless such change is made pursuant to reprogramming or transfer

provisions.

Section 740. Language is included prohibiting agencies from

using funds to implement regulations changing the competitive

areas under reductions-in-force for Federal employees.

Section 741. Language is included prohibiting the use of funds

for a public-private competition regarding the conversion to con-

tractor performance of any function performed by civilian Federal

employees.

Section 742. Language is included ensuring contractors are not

prevented from reporting waste, fraud, or abuse by signing con-

fidentiality agreements that would prohibit such disclosure.

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116

Section 743. Language is included prohibiting the expenditure of

funds for the implementation of certain nondisclosure agreements

unless certain provisions are included in the agreements.

Section 744. Language is included prohibiting funds to any cor-

poration with certain unpaid Federal tax liabilities unless an agen-

cy has considered suspension or debarment of the corporation and

made a determination that further action is not necessary to pro-

tect the interests of the Government.

Section 745. Language is included prohibiting funds to any cor-

poration that was convicted of a felony criminal violation within

the preceding 24 months unless an agency has considered suspen-

sion or debarment of the corporation and made a determination

that further action is not necessary to protect the interests of the

Government.

Section 746. Language is included eliminating the automatic

statutory pay increase for the Vice President and certain senior po-

litical appointees.

Section 747. Language is included related to the impoundment of

resources.

Section 748. Language is included ensuring apportionments are

approved in a timely and appropriate manner.

Section 749. Language is included addressing interagency fund-

ing for the Unites States Army Medical Research and Development

Command, the Congressionally Directed Medical Research Pro-

grams, and the National Institutes of Health research programs.

Section 750. Language is included addressing accessibility to gov-

ernment electronic and information technology for individuals with

disabilities.

Section 751. Language is included authorizing the transfer of

funds to GSA to support IT projects among Government-wide

boards and councils.

Section 752. Language is included requiring the retention of cer-

tain records pertaining to GAO audits.

Section 753. Language is included prohibiting funds to State, cit-

ies, or localities that allow-non-citizens to vote in Federal elections.

Section 754. Language is included restricting funds to make in-

vestments under the Thrift Savings Plan based primarily on envi-

ronmental, social, or governance criteria.

Section 755. Language is included restricting funds for certain la-

beling of information.

Section 756. Language is included prohibiting funds to recruit,

hire, promote or retain any person convicted or formally disciplined

for certain charges or a registered sex offender.

Section 757. Language is included prohibiting funds for insur-

ance plans in the Federal Employees Health Benefits program to

cover surgical procedures or puberty blockers or hormone therapy

for purpose of gender affirming care.

Section 758. Language is included prohibiting the implementa-

tion of Executive Order 14019 with certain exceptions.

Section 759. Language is included prohibiting funding until Fed-

eral agencies return to specified telework policies, practice, and lev-

els.

Section. 760. Language is included concerning the non-applica-

tion of these general provisions to title IV and to title VIII.

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117

ITLE

VIII—G

ENERAL

ROVISIONS

—D

ISTRICT OF

OLUMBIA

In addition, the bill provides the following provisions under this

title:

Section 801. Language is included that allows the use of local

funds for making refunds or paying judgments against the District

of Columbia government.

Section 802. Language is included to prohibit the use of Federal

funds for publicity or propaganda designed to support or defeat leg-

islation before Congress or any State legislature.

Section 803. Language is included that establishes reprograming

procedures for Federal funds.

Section 804. Language is included that prohibits the use of Fed-

eral funds for the salaries and expenses of a shadow U.S. Senator

or U.S. Representative.

Section 805. Language is included that places restrictions on the

use of District of Columbia government vehicles.

Section 806. Language is included that prohibits the use of Fed-

eral funds for a petition or civil action that seeks to require voting

rights for the District of Columbia in Congress.

Section 807. Language is included that prohibits the use of Fed-

eral funds in this Act to distribute, for the purpose of preventing

the spread of blood borne pathogens, sterile needles or syringes in

any location that has been determined by local public health offi-

cials or local law enforcement authorities to be inappropriate for

such distribution.

Section 808. Language is included that concerns a ‘‘conscience

clause’’ on legislation that pertains to contraceptive coverage by

health insurance plans.

Section 809. Language is included that prohibits Federal funds

to enact or carry out any law, rule, or regulation to legalize or re-

duce penalties associated with the possession, use, or distribution

of any schedule I substance under the Controlled Substances Act

or any tetrahydrocannabinols derivative. In addition, section 809

prohibits Federal and local funds to enact any law, rule, or regula-

tion to legalize or reduce penalties associated with the possession,

use, or distribution of any schedule I substance under the Con-

trolled Substances Act or any tetrahydrocannabinols derivative for

recreational purposes.

Section 810. Language is included that prohibits the use of funds

for abortion except in the cases of rape or incest or if necessary,

to save the life of the mother.

Section 811. Language is included that requires the Chief Finan-

cial Officer (CFO) to submit a revised operating budget no later

than 30 calendar days after the enactment of this Act for agencies

the CFO certifies as requiring a reallocation to address unantici-

pated program needs.

Section 812. Language is included that requires the CFO to sub-

mit a revised operating budget for the District of Columbia Public

Schools, no later than 30 calendar days after the enactment of this

Act, which aligns schools’ budgets to actual enrollment.

Section 813. Language is included that allows for transfers of

local funds between operating funds and capital and enterprise

funds.

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118

Section 814. Language is included that prohibits the obligation of

Federal funds beyond the current fiscal year and transfers of funds

unless expressly provided herein.

Section 815. Language is included that provides that not to ex-

ceed 50 percent of unobligated balances from Federal appropria-

tions for salaries and expenses may remain available for certain

purposes. This provision applies to the District of Columbia Courts,

the Court Services and Offender Supervision Agency, and the Dis-

trict of Columbia Public Defender Service.

Section 816. Language is included that appropriates local funds

during fiscal year 2025 if there is an absence of a continuing reso-

lution or regular appropriation for the District of Columbia. Funds

are provided under the same authorities and conditions and in the

same manner and extent as provided for in fiscal year 2024.

Section 817. Language is included that provides the District of

Columbia authority to transfer, receive, and acquire lands and

funding it deems necessary for the construction and operation of

interstate bridges over navigable waters, including related infra-

structure, for a project to expand commuter and regional passenger

rail service and provide bike and pedestrian access crossings.

Section 818. Language is included that requires each Federal and

District of Columbia government agency appropriated Federal

funding in this Act submit to the Committees quarterly budget re-

ports on obligations.

Section 819. Language is included that prohibits funds to carry

out the Reproductive Health Non-Discrimination Amendment Act

of 2014 or to implement any rule or regulation promulgated to

carry out such Act.

Section 820. Language is included that repeals the Death with

Dignity Act of 2016 and prohibits the District of Columbia Council

from passing laws related to physician-assisted suicide in the fu-

ture.

Section 821. Language is included directing the District of Co-

lumbia to submit a report to the Committees regarding how the

District of Columbia has complied with the Partial Birth Abortion

Ban Act.

Section 822. Language is included requiring a report on mater-

nity care access for District of Columbia residents.

Section 823. Language is included prohibiting funds used by the

District of Columbia to enact or carry out any law which prohibits

motorists from making right turns on red.

Section 824. Language is included prohibiting funds used by the

District of Columbia to carry out D.C. Automated Traffic Enforce-

ment.

Section 825. Language is included repealing the inclusion of D.C.

Public Charter Schools from the exemption list in the District of

Columbia’s Corrections Oversight Improvement Omnibus Amend-

ment Act of 2022.

Section 826. Language is included prohibiting the use of funds by

the District of Columbia to carry out the Comprehensive Policing

and Justice Reform Amendment Act of 2022.

Section 827. Language is included allowing valid weapons carry

permit holders to conceal carry in areas governed by the District

of Columbia and Washington Metropolitan Area Transit Authority.

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119

Section 828. Language is included reauthorizing the Scholarships

for Opportunity and Results Act through 2027 and amending the

statutory funding formula to reflect that one-half of total funding

should go toward Opportunity Scholarships, one-sixth of total fund-

ing should go toward District of Columbia Public Schools, and one-

third of total funding should go toward District of Columbia Public

Charter Schools.

Section 829. Language is included that references to ‘‘this Act’’ in

this title or title IV are treated as referring only to the provisions

of this title and title IV.

ITLE

IX—A

DDITIONAL

ENERAL

ROVISIONS

—S

PENDING

EDUCTION

CCOUNT

Section 901. Language is included referencing a spending reduc-

tion account.

PROGRAM DUPLICATION

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House

of Representatives, no provision of this bill establishes or reauthor-

izes a program of the Federal Government known to be duplicative

of another federal program, a program that was included in any re-

port from the Government Accountability Office to Congress pursu-

ant to section 21 of Public Law 111–139, or a program related to

a program identified in the most recent Catalog of Federal Domes-

tic Assistance.

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the

House of Representatives, the following table lists the appropria-

tions in the accompanying bill which are not authorized by law for

the period concerned:

[DOLLARS IN THOUSANDS]

Account

Last Year of Au-

thorization

Authorization

Level

Appropriation in

Last Year of

Authorization

Appropriations in

this bill

Title I—Department of the Treasury

Departmental Offices—Salaries and

Expenses ........................................... n/a n/a n/a 248,109

Office of Terrorism and Financial Intel-

ligence .............................................. 2013 such sums 100,000 206,842

Cybersecurity Enhancement Account .... n/a n/a n/a 150,000

Department-Wide Systems and Capital

Investments Program ....................... n/a n/a n/a 14,600

Bureau of the Fiscal Service ................ n/a n/a n/a 368,155

Alcohol and Trade Tax and Trade Bu-

reau .................................................. 2002 n/a 80,000 135,038

Community Development and Financial

Institutions Fund .............................. 1998 such sums 80,000 278,617

Internal Revenue Service:

Taxpayer Services ......................... n/a n/a n/a 2,780,606

Enforcement ................................. n/a n/a n/a 4,206,180

Operations Support ...................... n/a n/a n/a 4,100,826

Business Systems Modernization n/a n/a n/a 150,000

Title II—Executive Office of the President

Office of Management and Budget ...... 2003 various 61,988 116,000

Office of the National Cyber Director ... 2021 n/a n/a 21,000

Office of National Drug Control Policy 2009 4,900 n/a 451,002

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120

Account

Last Year of Au-

thorization

Authorization

Level

Appropriation in

Last Year of

Authorization

Appropriations in

this bill

Other Federal Drug Control Programs:

Anti-Doping Activities .................. 2020 14,800 10,000 14,000

CARA Grants ................................ 2021 5,000 5,000 5,200

Information Technology Oversight and

Reform .............................................. 2007 such sums n/a 8,000

Title IV—District of Columbia

Federal Payment for Resident Tuition

Support ............................................. 2012 such sums 30,000 40,000

Federal Payment for Emergency Plan-

ning and Security Costs in DC ........ n/a n/a n/a 28,000

Federal Payment to the Court Services

and Offender Supervision Agency for

the District of Columbia .................. 2005 such sums n/a 287,271

Federal Payment for the Judicial Com-

missions ........................................... n/a n/a n/a 630

Federal Payment for the DC National

Guard ................................................ n/a n/a n/a 600

Federal Payment for Testing and Treat-

ment of HIV/AIDS .............................. n/a n/a n/a 4,000

Title V—Independent Agencies

Administrative Conference of the

United States .................................... 2011 3,400 2,750 3,523

Consumer Financial Protection Bureau 2014 200,000 n/a 635,000

Consumer Product Safety Commission various various 118,000 139,050

Pool Safety Grant Program .......... 2016 such sums n/a 2,500

Election Assistance Commission:

Salaries and Expenses ................. 2005 10,000 14,000 20,000

Election Security Grants .............. 2005 3,600,000 1,500,000 0

Federal Communications Commission .. 2020 339,610 339,000 381,950

Federal Election Commission ................ 1981 9,400 9,662 74,500

Federal Labor Relations Authority ........ 1978 such sums n/a 28,000

Federal Trade Commission ................... 1998 111,000 106,500 376,530

General Services Administration:

Government-wide Policy ............... n/a n/a n/a 68,720

Federal Citizen Services Fund ..... n/a n/a n/a 55,000

Technology Modernization Fund ... 2019 250,000 25,000 0

Working Capital Fund .................. n/a n/a n/a 4,000

Electric Vehicles Fund ................. n/a n/a n/a 0

Merit Systems Protection Board ........... 2007 such sums 29,110 49,345

National Historical Publications and

Records Commission Grants ............ 2009 10,000 11,250 10,000

NCUA: Community Development Re-

volving Loan Fund ............................ 1998 2,000 1,000 3,500

Office of Government Ethics ................. 2007 such sums 11,148 22,377

Privacy and Civil Liberties Oversight

Board ................................................ 2007 such sums n/a 13,700

Securities and Exchange Commission .. various various 1,500,000 2,039,321

Small Business Administration

Salaries and Expenses ................. various various n/a 278,378

Entrepreneurial Development Pro-

grams ...................................... various various n/a 299,250

Business Loans Program Account 2006 such sums 1,300 169,000

Disaster Loans Program Account 2006 such sums n/a 178,000

Title VI—General Provisions

Oversight.gov Website Enhancements (Sec.

629) ........................................................... 2021 3,500 n/a 850

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121

BUDGETARY IMPACT OF THE FY 2024 FINANCIAL SERVICES AND GEN

ERAL GOVERNMENT APPROPRIATIONS ACT PREPARED IN CONSULTA

TION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO

SECTION 308(

) OF THE CONGRESSIONAL BUDGET ACT OF 1974

[In millions of dollars]

COMPARISON WITH BUDGET RESOLUTION

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House

of Representatives and section 308(a)(1)(A) of the Congressional

Budget Act of 1974, the following table compares the levels of new

budget authority provided in the bill with the appropriate alloca-

tion under section 302(b) of the Budget Act.

[In millions of dollars]

302(b) Allocation This Bill

Budget Authority Outlays Budget Authority Outlays

Comparison of amounts in the bill

with Committee allocations to

its subcommittees: Sub-

committee on Financial Services

and General Government

Discretionary ................ 11,454 30,462 11,454

31,056

Mandatory ..................... 22,334 22,326 22,334

22,326

Includes outlays from prior-year budget authority.

FIVE

YEAR OUTLAY PROJECTIONS

Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(B) of

the Congressional Budget Act of 1974, the following table contains

five-year projections associated with the budget authority provided

in the accompanying bill as provided to the Committee by the Con-

gressional Budget Office.

[In millions of dollars]

Outlays

Projection of outlays associated with the recommendation:

2024 ....................................................................................................................................................

41,192

2025 .................................................................................................................................................... 3,028

2026 .................................................................................................................................................... ¥1,306

2027 .................................................................................................................................................... ¥2,141

2028 and future years ........................................................................................................................ ¥13,574

Excludes outlays from prior-year budget authority.

FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(C) of

the Congressional Budget Act of 1974, the Congressional Budget

Office has provided the following estimates of new budget authority

and outlays provided by the accompanying bill for financial assist-

ance to State and local governments.

[In millions of dollars]

Budget Authority Outlays

Financial assistance to State and local governments for 2024 ............................ 768

165

Excludes outlays from prior-year budget authority.

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122

COMMITTEE HEARINGS

For the purposes of clause 3(c)(6) of rule XIII of the Rules of the

House of Representatives, the following hearings were used to de-

velop or consider the Financial Services and General Government

Appropriations Act, 2024:

The Subcommittee on Financial Services and General Govern-

ment held a hearing on March 23, 2023, entitled ‘‘President Biden’s

Fiscal Year 2024 Budget Request and Economic Outlook’’. The Sub-

committee received testimony from:

The Honorable Janet Yellen, Secretary, Department of the Treas-

ury

The Honorable Shalanda Young, Director, Office of Management

and Budget

The Subcommittee on Financial Services and General Govern-

ment held a hearing on March 29, 2023, entitled ‘‘Fiscal Year 2024

Request for the U.S. Securities and Exchange Commission’’. The

Subcommittee received testimony from:

The Honorable Gary Gensler, Chair, U.S. Securities and Ex-

change Commission

The Subcommittee on Financial Services and General Govern-

ment held a hearing on April 27, 2023, entitled ‘‘Fiscal Year 2024

Budget Request for the Federal Trade Commission’’. The Sub-

committee received testimony from:

The Honorable Lina Khan, Chair, Federal Trade Commission

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130

OMPLIANCE

ITH

ULE

XIII, C

. 3(

) (R

AMSEYER

ULE

)

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omit-

ted is enclosed in black brackets, new matter is printed in italics,

existing law in which no change is proposed is shown in roman):

OMPLIANCE

ITH

ULE

XIII, C

. 3(e) (R

AMSEYER

ULE

)

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omit-

ted is enclosed in black brackets, new matter is printed in italics,

existing law in which no change is proposed is shown in roman):

TITLE 18, UNITED STATES CODE

* * * * * * *

PART II—CRIMINAL PROCEDURE

* * * * * * *

CHAPTER 201—GENERAL PROVISIONS

* * * * * * *

§ 3006A. Adequate representation of defendants

(a) C

HOICE OF

LAN

.—Each United States district court, with the

approval of the judicial council of the circuit, shall place in oper-

ation throughout the district a plan for furnishing representation

for any person financially unable to obtain adequate representation

in accordance with this section. Representation under each plan

shall include counsel and investigative, expert, and other services

necessary for adequate representation. Each plan shall provide the

following:

(1) Representation shall be provided for any financially eligi-

ble person who—

(A) is charged with a felony or a Class A misdemeanor;

(B) is a juvenile alleged to have committed an act of ju-

venile delinquency as defined in section 5031 of this title;

(D) is under arrest, when such representation is re-

quired by law;

(E) is charged with a violation of supervised release or

faces modification, reduction, or enlargement of a condi-

tion, or extension or revocation of a term of supervised re-

lease;

(F) is subject to a mental condition hearing under chap-

ter 313 of this title;

(G) is in custody as a material witness;

(H) is entitled to appointment of counsel under the sixth

amendment to the Constitution;

(I) faces loss of liberty in a case, and Federal law re-

quires the appointment of counsel; or

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131

(J) is entitled to the appointment of counsel under sec-

tion 4109 of this title.

(2) Whenever the United States magistrate judge or the

court determines that the interests of justice so require, rep-

resentation may be provided for any financially eligible person

who—

(A) is charged with a Class B or C misdemeanor, or an

infraction for which a sentence to confinement is author-

ized; or

(B) is seeking relief under section 2241, 2254, or 2255 of

title 28.

(3) Private attorneys shall be appointed in a substantial pro-

portion of the cases. Each plan may include, in addition to the

provisions for private attorneys, either of the following or both:

(A) Attorneys furnished by a bar association or a legal

aid agency,

(B) Attorneys furnished by a defender organization es-

tablished in accordance with the provisions of subsection

(g).

Prior to approving the plan for a district, the judicial council of the

circuit shall supplement the plan with provisions for representation

on appeal. The district court may modify the plan at any time with

the approval of the judicial council of the circuit. It shall modify the

plan when directed by the judicial council of the circuit. The dis-

trict court shall notify the Administrative Office of the United

States Courts of any modification of its plan.

(b) A

PPOINTMENT OF

OUNSEL

.—Counsel furnishing representa-

tion under the plan shall be selected from a panel of attorneys des-

ignated or approved by the court, or from a bar association, legal

aid agency, or defender organization furnishing representation pur-

suant to the plan. In every case in which a person entitled to rep-

resentation under a plan approved under subsection (a) appears

without counsel, the United States magistrate judge or the court

shall advise the person that he has the right to be represented by

counsel and that counsel will be appointed to represent him if he

is financially unable to obtain counsel. Unless the person waives

representation by counsel, the United States magistrate judge or

the court, if satisfied after appropriate inquiry that the person is

financially unable to obtain counsel, shall appoint counsel to rep-

resent him. Such appointment may be made retroactive to include

any representation furnished pursuant to the plan prior to appoint-

ment. The United States magistrate judge or the court shall ap-

point separate counsel for persons having interests that cannot

properly be represented by the same counsel, or when other good

cause is shown.

URATION AND

UBSTITUTION OF

PPOINTMENTS

.—A person

for whom counsel is appointed shall be represented at every stage

of the proceedings from his initial appearance before the United

States magistrate judge or the court through appeal, including an-

cillary matters appropriate to the proceedings. If at any time after

the appointment of counsel the United States magistrate judge or

the court finds that the person is financially able to obtain counsel

or to make partial payment for the representation, it may termi-

nate the appointment of counsel or authorize payment as provided

in subsection (f), as the interests of justice may dictate. If at any

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stage of the proceedings, including an appeal, the United States

magistrate judge or the court finds that the person is financially

unable to pay counsel whom he had retained, it may appoint coun-

sel as provided in subsection (b) and authorize payment as pro-

vided in subsection (d), as the interests of justice may dictate. The

United States magistrate judge or the court may, in the interests

of justice, substitute one appointed counsel for another at any stage

of the proceedings.

(d) P

AYMENT FOR

EPRESENTATION

.—(1) H

OURLY

ATE

.—Any at-

torney appointed pursuant to this section, or the attorney’s law

firm, or a bar association or legal aid agency or community de-

fender organization which has provided the appointed attorney

shall, at the conclusion of the representation or any segment there-

of, be compensated at a rate not exceeding $60 per hour for time

expended in court or before a United States magistrate judge and

$40 per hour for time reasonably expended out of court, unless the

Judicial Conference determines that a higher rate of not in excess

of $75 per hour is justified for a circuit or for particular districts

within a circuit, for time expended in court or before a United

States magistrate judge and for time expended out of court. The

Judicial Conference shall develop guidelines for determining the

maximum hourly rates for each circuit in accordance with the pre-

ceding sentence, with variations by district, where appropriate,

taking into account such factors as the minimum range of the pre-

vailing hourly rates for qualified attorneys in the district in which

the representation is provided and the recommendations of the ju-

dicial councils of the circuits. Not less than 3 years after the effec-

tive date of the Criminal Justice Act Revision of 1986, the Judicial

Conference is authorized to raise the maximum hourly rates speci-

fied in this paragraph up to the aggregate of the overall average

percentages of the adjustments in the rates of pay under the Gen-

eral Schedule made pursuant to section 5305 of title 5 on or after

such effective date. After the rates are raised under the preceding

sentence, such maximum hourly rates may be raised at intervals

of not less than 1 year each, up to the aggregate of the overall av-

erage percentages of such adjustments made since the last raise

was made under this paragraph. Attorneys may be reimbursed for

expenses reasonably incurred, including the costs of transcripts au-

thorized by the United States magistrate or the court, and the

costs of defending actions alleging malpractice of counsel in fur-

nishing representational services under this section. No reimburse-

ment for expenses in defending against malpractice claims shall be

made if a judgment of malpractice is rendered against the counsel

furnishing representational services under this section. The United

States magistrate or the court shall make determinations relating

to reimbursement of expenses under this paragraph.

(2) M

AXIMUM

MOUNTS

.—For representation of a defendant be-

fore the United States magistrate judge or the district court, or

both, the compensation to be paid to an attorney, or the attorney’s

law firm, or to a bar association or legal aid agency or community

defender organization shall not exceed $7,000 for each attorney in

a case in which one or more felonies are charged, and $2,000 for

each attorney in a case in which only misdemeanors are charged.

For representation of a defendant in an appellate court, the com-

pensation to be paid to an attorney, or the attorney’s law firm, or

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to a bar association or legal aid agency or community defender or-

ganization shall not exceed $5,000 for each attorney in each court.

For representation of a petitioner in a non-capital habeas corpus

proceeding, the compensation for each attorney shall not exceed the

amount applicable to a felony in this paragraph for representation

of a defendant before a judicial officer of the district court. For rep-

resentation of such petitioner in an appellate court, the compensa-

tion for each attorney shall not exceed the amount applicable for

representation of a defendant in an appellate court. For representa-

tion of an offender before the United States Parole Commission in

a proceeding under section 4106A of this title, the compensation

shall not exceed $1,500 for each attorney in each proceeding; for

representation of an offender in an appeal from a determination of

such Commission under such section, the compensation shall not

exceed $5,000 for each attorney in each court. For any other rep-

resentation required or authorized by this section, the compensa-

tion shall not exceed $1,500 for each attorney in each proceeding.

The compensation maximum amounts provided in this paragraph

shall increase simultaneously by the same percentage, rounded to

the nearest multiple of $100, as the aggregate percentage increases

in the maximum hourly compensation rate paid pursuant to para-

graph (1) for time expended since the case maximum amounts were

last adjusted.

(3) W

AIVING

AXIMUM

MOUNTS

.—Payment in excess of any

maximum amount provided in paragraph (2) of this subsection may

be made for extended or complex representation whenever the

court in which the representation was rendered, or the United

States magistrate judge if the representation was furnished exclu-

sively before him, certifies that the amount of the excess payment

is necessary to provide fair compensation and the payment is ap-

proved by the chief judge of the circuit. The chief judge of the cir-

cuit may delegate such approval authority to an active or senior

circuit judge.

(4) D

ISCLOSURE OF FEES

.—

(A) I

N GENERAL

.—Subject to subparagraphs (B) through (E),

the amounts paid under this subsection for services in any case

shall be made available to the public by the court upon the

court’s approval of the payment.

(B) P

TRIAL OR TRIAL IN PROGRESS

.—If a trial is in pre-

trial status or still in progress and after considering the de-

fendant’s interests as set forth in subparagraph (D), the court

shall—

(i) redact any detailed information on the payment

voucher provided by defense counsel to justify the expenses

to the court; and

(ii) make public only the amounts approved for payment

to defense counsel by dividing those amounts into the fol-

lowing categories:

(I) Arraignment and or plea.

(II) Bail and detention hearings.

(III) Motions.

(IV) Hearings.

(V) Interviews and conferences.

(VI) Obtaining and reviewing records.

(VII) Legal research and brief writing.

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(VIII) Travel time.

(IX) Investigative work.

(X) Experts.

(XI) Trial and appeals.

(XII) Other.

RIAL COMPLETED

.—

(i) I

N GENERAL

.—If a request for payment is not sub-

mitted until after the completion of the trial and subject

to consideration of the defendant’s interests as set forth in

subparagraph (D), the court shall make available to the

public an unredacted copy of the expense voucher.

(ii) P

ROTECTION OF THE RIGHTS OF THE DEFENDANT

.—If

the court determines that defendant’s interests as set forth

in subparagraph (D) require a limited disclosure, the court

shall disclose amounts as provided in subparagraph (B).

(D) C

ONSIDERATIONS

.—The interests referred to in subpara-

graphs (B) and (C) are—

(i) to protect any person’s 5th amendment right against

self-incrimination;

(ii) to protect the defendant’s 6th amendment rights to

effective assistance of counsel;

(iii) the defendant’s attorney-client privilege;

(iv) the work product privilege of the defendant’s coun-

sel;

(v) the safety of any person; and

(vi) any other interest that justice may require, except

that the amount of the fees shall not be considered a rea-

son justifying any limited disclosure under section

3006A(d)(4) of title 18, United States Code.

(E) N

OTICE

.—The court shall provide reasonable notice of

disclosure to the counsel of the defendant prior to the approval

of the payments in order to allow the counsel to request redac-

tion based on the considerations set forth in subparagraph (D).

Upon completion of the trial, the court shall release unredacted

copies of the vouchers provided by defense counsel to justify

the expenses to the court. If there is an appeal, the court shall

not release unredacted copies of the vouchers provided by de-

fense counsel to justify the expenses to the court until such

time as the appeals process is completed, unless the court de-

termines that none of the defendant’s interests set forth in

subparagraph (D) will be compromised.

(F) E

FFECTIVE DATE

.—The amendment made by paragraph

(4) shall become effective 60 days after enactment of this Act,

will apply only to cases filed on or after the effective date, and

shall be in effect for no longer than 24 months after the effec-

tive date.

(5) F

ILING

LAIMS

.—A separate claim for compensation and reim-

bursement shall be made to the district court for representation be-

fore the United States magistrate judge and the court, and to each

appellate court before which the attorney provided representation

to the person involved. Each claim shall be supported by a sworn

written statement specifying the time expended, services rendered,

and expenses incurred while the case was pending before the

United States magistrate judge and the court, and the compensa-

tion and reimbursement applied for or received in the same case

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from any other source. The court shall fix the compensation and re-

imbursement to be paid to the attorney, or the attorney’s law firm

or to the bar association or legal aid agency or community defender

organization which provided the appointed attorney. In cases

where representation is furnished exclusively before a United

States magistrate judge, the claim shall be submitted to him and

he shall fix the compensation and reimbursement to be paid. In

cases where representation is furnished other than before the

United States magistrate judge, the district court, or an appellate

court, claims shall be submitted to the district court which shall fix

the compensation and reimbursement to be paid.

(6) N

RIALS

.—For purposes of compensation and other pay-

ments authorized by this section, an order by a court granting a

new trial shall be deemed to initiate a new case.

(7) P

ROCEEDINGS

EFORE

PPELLATE

OURTS

.—If a person for

whom counsel is appointed under this section appeals to an appel-

late court or petitions for a writ of certiorari, he may do so without

prepayment of fees and costs or security therefor and without filing

the affidavit required by section 1915(a) of title 28.

(e) S

ERVICES

THER

HAN

OUNSEL

.—(1) U

PON

EQUEST

.—

Counsel for a person who is financially unable to obtain investiga-

tive, expert, or other services necessary for adequate representation

may request them in an ex parte application. Upon finding, after

appropriate inquiry in an ex parte proceeding, that the services are

necessary and that the person is financially unable to obtain them,

the court, or the United States magistrate judge if the services are

required in connection with a matter over which he has jurisdic-

tion, shall authorize counsel to obtain the services.

(2) W

ITHOUT

RIOR

EQUEST

.—(A) Counsel appointed under this

section may obtain, subject to later review, investigative, expert,

and other services without prior authorization if necessary for ade-

quate representation. Except as provided in subparagraph (B) of

this paragraph, the total cost of services obtained without prior au-

thorization may not exceed $800 and expenses reasonably incurred.

(B) The court, or the United States magistrate judge (if the serv-

ices were rendered in a case disposed of entirely before the United

States magistrate judge), may, in the interest of justice, and upon

the finding that timely procurement of necessary services could not

await prior authorization, approve payment for such services after

they have been obtained, even if the cost of such services exceeds

$800.

(3) M

AXIMUM

MOUNTS

.—Compensation to be paid to a person

for services rendered by him to a person under this subsection, or

to be paid to an organization for services rendered by an employee

thereof, shall not exceed $2,400, exclusive of reimbursement for ex-

penses reasonably incurred, unless payment in excess of that limit

is certified by the court, or by the United States magistrate judge

if the services were rendered in connection with a case disposed of

entirely before him, as necessary to provide fair compensation for

services of an unusual character or duration, and the amount of

the excess payment is approved by the chief judge of the circuit.

The chief judge of the circuit may delegate such approval authority

to an active or senior circuit judge.

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(4) D

ISCLOSURE OF FEES

.—The amounts paid under this sub-

section for services in any case shall be made available to the pub-

lic.

(5) The dollar amounts provided in paragraphs (2) and (3) shall

be adjusted simultaneously by an amount, rounded to the nearest

multiple of $100, equal to the percentage of the cumulative adjust-

ments taking effect under section 5303 of title 5 in the rates of pay

under the General Schedule since the date the dollar amounts pro-

vided in paragraphs (2) and (3), respectively, were last enacted or

adjusted by statute.

(f) R

ECEIPT OF

THER

AYMENTS

.—Whenever the United States

magistrate judge or the court finds that funds are available for

payment from or on behalf of a person furnished representation, it

may authorize or direct that such funds be paid to the appointed

attorney, or the attorney’s law firm, to the bar association or legal

aid agency or community defender organization which provided the

appointed attorney, to any person or organization authorized pur-

suant to subsection (e) to render investigative, expert, or other

services, or to the court for deposit in the Treasury as a reimburse-

ment to the appropriation, current at the time of payment, to carry

out the provisions of this section. Except as so authorized or di-

rected, no such person or organization may request or accept any

payment or promise of payment for representing a defendant.

(g) D

EFENDER

RGANIZATION

.—(1) Q

UALIFICATIONS

.—A district or

a part of a district in which at least two hundred persons annually

require the appointment of counsel may establish a defender orga-

nization as provided for either under subparagraphs (A) or (B) of

paragraph (2) of this subsection or both. Two adjacent districts or

parts of districts may aggregate the number of persons required to

be represented to establish eligibility for a defender organization to

serve both areas. In the event that adjacent districts or parts of

districts are located in different circuits, the plan for furnishing

representation shall be approved by the judicial council of each cir-

cuit.

(2) T

YPES OF

EFENDER

RGANIZATIONS

.—(A) F

EDERAL

UBLIC

EFENDER

RGANIZATION

.—A Federal Public Defender Organiza-

tion shall consist of one or more full-time salaried attorneys. An or-

ganization for a district or part of a district or two adjacent dis-

tricts or parts of districts shall be supervised by a Federal Public

Defender appointed by the court of appeals of the circuit, without

regard to the provisions of title 5 governing appointments in the

competitive service, after considering recommendations from the

district court or courts to be served. Nothing contained herein shall

be deemed to authorize more than one Federal Public Defender

within a single judicial district. The Federal Public Defender shall

be appointed for a term of four years, unless sooner removed by the

court of appeals of the circuit for incompetency, misconduct in of-

fice, or neglect of duty. Upon the expiration of his term, a Federal

Public Defender may, by a majority vote of the judges of the court

of appeals, continue to perform the duties of his office until his suc-

cessor is appointed, or until one year after the expiration of such

Defender’s term, whichever is earlier. The compensation of the Fed-

eral Public Defender shall be fixed by the court of appeals of the

circuit at a rate not to exceed the compensation received by the

United States attorney for the district where representation is fur-

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nished or, if two districts or parts of districts are involved, the com-

pensation of the higher paid United States attorney of the districts.

The Federal Public Defender may appoint, without regard to the

provisions of title 5 governing appointments in the competitive

service, full-time attorneys in such number as may be approved by

the court of appeals of the circuit and other personnel in such num-

ber as may be approved by the Director of the Administrative Of-

fice of the United States Courts. Compensation paid to such attor-

neys and other personnel of the organization shall be fixed by the

Federal Public Defender at a rate not to exceed that paid to attor-

neys and other personnel of similar qualifications and experience

in the Office of the United States attorney in the district where

representation is furnished or, if two districts or parts of districts

are involved, the higher compensation paid to persons of similar

qualifications and experience in the districts. Neither the Federal

Public Defender nor any attorney so appointed by him may engage

in the private practice of law. Each organization shall submit to

the Director of the Administrative Office of the United States

Courts, at the time and in the form prescribed by him, reports of

its activities and financial position and its proposed budget. The

Director of the Administrative Office shall submit, in accordance

with section 605 of title 28, a budget for each organization for each

fiscal year and shall out of the appropriations therefor make pay-

ments to and on behalf of each organization. Payments under this

subparagraph to an organization shall be in lieu of payments under

subsection (d) or (e).

(B) C

OMMUNITY

EFENDER

RGANIZATION

.—A Community De-

fender Organization shall be a non-profit defense counsel service

established and administered by any group authorized by the plan

to provide representation. The organization shall be eligible to fur-

nish attorneys and receive payments under this section if its by-

laws are set forth in the plan of the district or districts in which

it will serve. Each organization shall submit to the Judicial Con-

ference of the United States an annual report setting forth its ac-

tivities and financial position and the anticipated caseload and ex-

penses for the next fiscal year. Upon application an organization

may, to the extent approved by the Judicial Conference of the

United States:

(i) receive an initial grant for expenses necessary to establish

the organization; and

(ii) in lieu of payments under subsection (d) or (e), receive

periodic sustaining grants to provide representation and other

expenses pursuant to this section.

(3) M

ALPRACTICE AND

EGLIGENCE

UITS

.—The Director of the

Administrative Office of the United States Courts shall, to the ex-

tent the Director considers appropriate, provide representation for

and hold harmless, or provide liability insurance for, any person

who is an officer or employee of a Federal Public Defender Organi-

zation established under this subsection, or a Community Defender

Organization established under this subsection which is receiving

periodic sustaining grants, for money damages for injury, loss of

liberty, loss of property, or personal injury or death arising from

malpractice or negligence of any such officer or employee in fur-

nishing representational services under this section while acting

within the scope of that person’s office or employment.

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(h) R

ULES AND

EPORTS

.—Each district court and court of ap-

peals of a circuit shall submit a report on the appointment of coun-

sel within its jurisdiction to the Administrative Office of the United

States Courts in such form and at such times as the Judicial Con-

ference of the United States may specify. The Judicial Conference

of the United States may, from time to time, issue rules and regu-

lations governing the operation of plans formulated under this sec-

tion.

(i) A

PPROPRIATIONS

.—There are authorized to be appropriated to

the United States courts, out of any money in the Treasury not oth-

erwise appropriated, sums necessary to carry out the provisions of

this section, including funds for the continuing education and train-

ing of persons providing representational services under this sec-

tion. When so specified in appropriation acts, such appropriations

shall remain available until expended. Payments from such appro-

priations shall be made under the supervision of the Director of the

Administrative Office of the United States Courts.

(j) D

ISTRICTS

NCLUDED

.—As used in this section, the term ‘‘dis-

trict court’’ means each district court of the United States created

by chapter 5 of title 28, the District Court of the Virgin Islands,

the District Court for the Northern Mariana Islands, and the Dis-

trict Court of Guam.

(k) A

PPLICABILITY IN THE

ISTRICT OF

OLUMBIA

.—The provi-

sions of this section shall apply in the United States District Court

for the District of Columbia and the United States Court of Ap-

peals for the District of Columbia Circuit. The provisions of this

section shall not apply to the Superior Court of the District of Co-

lumbia and the District of Columbia Court of Appeals.

* * * * * * *

SECTION 203 OF THE JUDICIAL IMPROVEMENTS ACT OF

1990

SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS.

(a) I

ENERAL

.—The President shall appoint, by and with the

advice and consent of the Senate—

(1) 1 additional district judge for the western district of Ar-

kansas;

(2) 2 additional district judges for the northern district of

California;

(3) 5 additional district judges for the central district of Cali-

fornia;

(4) 1 additional district judge for the southern district of

California;

(5) 2 additional district judges for the district of Connecticut;

(6) 2 additional district judges for the middle district of Flor-

ida;

(7) 1 additional district judge for the northern district of

Florida;

(8) 1 additional district judge for the southern district of

Florida;

(9) 1 additional district judge for the middle district of Geor-

gia;

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(10) 1 additional district judge for the northern district of Il-

linois;

(11) 1 additional district judge for the southern district of

Iowa;

(12) 1 additional district judge for the western district of

Louisiana;

(13) 1 additional district judge for the district of Maine;

(14) 1 additional district judge for the district of Massachu-

setts;

(15) 1 additional district judge for the southern district of

Mississippi;

(16) 1 additional district judge for the eastern district of Mis-

souri;

(17) 1 additional district judge for the district of New Hamp-

shire;

(18) 3 additional district judges for the district of New Jer-

sey;

(19) 1 additional district judge for the district of New Mexico;

(20) 1 additional district judge for the southern district of

New York;

(21) 3 additional district judges for the eastern district of

New York;

(22) 1 additional district judge for the middle district of

North Carolina;

(23) 1 additional district judge for the southern district of

Ohio;

(24) 1 additional district judge for the northern district of

Oklahoma;

(25) 1 additional district judge for the western district of

Oklahoma;

(26) 1 additional district judge for the district of Oregon;

(27) 3 additional district judges for the eastern district of

Pennsylvania;

(28) 1 additional district judge for the middle district of

Pennsylvania;

(29) 1 additional district judge for the district of South Caro-

lina;

(30) 1 additional district judge for the eastern district of Ten-

nessee;

(31) 1 additional district judge for the western district of

Tennessee;

(32) 1 additional district judge for the middle district of Ten-

nessee;

(33) 2 additional district judges for the northern district of

Texas;

(34) 1 additional district judge for the eastern district of

Texas;

(35) 5 additional district judges for the southern district of

Texas;

(36) 3 additional district judges for the western district of

Texas;

(37) 1 additional district judge for the district of Utah;

(38) 1 additional district judge for the eastern district of

Washington;

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(39) 1 additional district judge for the northern district of

West Virginia;

(40) 1 additional district judge for the southern district of

West Virginia; and

(41) 1 additional district judge for the district of Wyoming.

(b) E

XISTING

UDGESHIPS

.—(1) The existing district judgeships

for the western district of Arkansas, the northern district of Illi-

nois, the northern district of Indiana, the district of Massachusetts,

the western district of New York, the eastern district of North

Carolina, the northern district of Ohio, and the western district of

Washington authorized by section 202(b) of the Bankruptcy

Amendments and Federal Judgeship Act of 1984 (Public Law 98–

353, 98 Stat. 347–348) shall, as of the effective date of this title,

be authorized under section 133 of title 28, United States Code,

and the incumbents in those offices shall hold the office under sec-

tion 133 of title 28, United States Code, as amended by this title.

(2)(A) The existing 2 district judgeships for the eastern and west-

ern districts of Arkansas (provided by section 133 of title 28,

United States Code, as in effect on the day before the effective date

of this title) shall be district judgeships for the eastern district of

Arkansas only, and the incumbents of such judgeships shall hold

the offices under section 133 of title 28, United States Code, as

amended by this title.

(B) The existing district judgeship for the northern and southern

districts of Iowa (provided by section 133 of title 28, United States

Code, as in effect on the day before the effective date of this title)

shall be a district judgeship for the northern district of Iowa only,

and the incumbent of such judgeship shall hold the office under

section 133 of title 28, United States Code, as amended by this

title.

western districts of Oklahoma (provided by section 133 of title 28,

United States Code, as in effect on the day before the effective date

of this title) and the occupant of which has his or her official duty

station at Oklahoma City on the date of the enactment of this title,

shall be a district judgeship for the western district of Oklahoma

only, and the incumbent of such judgeship shall hold the office

under section 133 of title 28, United States Code, as amended by

this title.

EMPORARY

UDGESHIPS

.—The President shall appoint, by

and with the advice and consent of the Senate—

(1) 1 additional district judge for the eastern district of Cali-

fornia;

(2) 1 additional district judge for the district of Hawaii;

(3) 1 additional district judge for the central district of Illi-

nois;

(4) 1 additional district judge for the southern district of Illi-

nois;

(5) 1 additional district judge for the district of Kansas;

(6) 1 additional district judge for the western district of

Michigan;

(7) 1 additional district judge for the eastern district of Mis-

souri;

(8) 1 additional district judge for the district of Nebraska;

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(9) 1 additional district judge for the northern district of New

York;

(10) 1 additional district judge for the northern district of

Ohio;

(11) 1 additional district judge for the eastern district of

Pennsylvania; and

(12) 1 additional district judge for the eastern district of Vir-

ginia.

Except with respect to the district of Kansas, the western district

of Michigan, the eastern district of Pennsylvania, the district of

Hawaii, and the northern district of Ohio, the first vacancy in the

office of district judge in each of the judicial districts named in this

subsection, occurring 10 years or more after the confirmation date

of the judge named to fill the temporary judgeship created by this

subsection, shall not be filled. The first vacancy in the office of dis-

trict judge in the district of Kansas occurring ø32 years and 6

months¿ 33 years and 6 months or more after the confirmation

date of the judge named to fill the temporary judgeship created for

such district under this subsection, shall not be filled. The first va-

cancy in the office of district judge in the western district of Michi-

gan, occurring after December 1, 1995, shall not be filled. The first

vacancy in the office of district judge in the eastern district of

Pennsylvania, occurring 5 years or more after the confirmation

date of the judge named to fill the temporary judgeship created for

such district under this subsection, shall not be filled. The first va-

cancy in the office of district judge in the northern district of Ohio

occurring 19 years or more after the confirmation date of the judge

named to fill the temporary judgeship created under this sub-

section shall not be filled. The first vacancy in the office of the dis-

trict judge in the district of Hawaii occurring ø29 years and 6

months¿ 30 years and 6 months or more after the confirmation

date of the judge named to fill the temporary judgeship created

under this subsection shall not be filled. For districts named in this

subsection for which multiple judgeships are created by this Act,

the last of those judgeships filled shall be the judgeships created

under this section.

* * * * * * *

TRANSPORTATION, TREASURY, HOUSING AND URBAN

DEVELOPMENT, THE JUDICIARY, THE DISTRICT OF

COLUMBIA, AND INDEPENDENT AGENCIES APPRO-

PRIATIONS ACT, 2006

* * * * * * *

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DIVISION A—TRANSPORTATION, TREASURY, HOUSING AND

URBAN DEVELOPMENT, THE JUDICIARY, AND INDE-

PENDENT AGENCIES APPROPRIATIONS ACT, 2006

That the following sums are appropriated, out of any

money in the Treasury not otherwise appropriated, for the

Departments of Transportation, Treasury, Housing and

Urban Development, the Judiciary, and independent agen-

cies for the fiscal year ending September 30, 2006, and for

other purposes, namely:

* * * * * * *

TITLE IV

THE JUDICIARY

* * * * * * *

. 406. The existing judgeship for the eastern district of Mis-

souri authorized by section 203(c) of the Judicial Improvements Act

of 1990 (Public Law 101–650, 104 Stat. 5089) as amended by Public

Law 105–53, as of the effective date of this Act, shall be extended.

The first vacancy in the office of district judge in this district occur-

ring ø30 years and 6 months¿ 31 years and 6 months or more after

the confirmation date of the judge named to fill the temporary

judgeship created by section 203(c) shall not be filled.

* * * * * * *

21ST CENTURY DEPARTMENT OF JUSTICE

APPROPRIATIONS AUTHORIZATION ACT

* * * * * * *

DIVISION A—21ST CENTURY DEPARTMENT OF JUSTICE

APPROPRIATIONS AUTHORIZATION ACT

* * * * * * *

TITLE III

MISCELLANEOUS

* * * * * * *

SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.

(a) P

ERMANENT

ISTRICT

UDGES FOR THE

ISTRICT

OURTS

.—

(1) I

N GENERAL

.—The President shall appoint, by and with

the advice and consent of the Senate—

(A) 5 additional district judges for the southern district

of California;

(B) 1 additional district judge for the western district of

North Carolina; and

Texas.

(2) [Omitted—Amendatory]

(b) D

ISTRICT

UDGESHIPS FOR THE

ENTRAL AND

OUTHERN

TRICTS OF

LLINOIS

THE

ORTHERN

ISTRICT OF

ORK

AND

THE

ASTERN

ISTRICT OF

IRGINIA

.—

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(1) C

ONVERSION OF TEMPORARY JUDGESHIPS TO PERMANENT

JUDGESHIPS

.—The existing district judgeships for the central

district and the southern district of Illinois, the northern dis-

trict of New York, and the eastern district of Virginia author-

ized by section 203(c) (3), (4), (9), and (12) of the Judicial Im-

provements Act of 1990 (Public Law 101–650, 28 U.S.C. 133

note) shall be authorized under section 133 of title 28, United

States Code, and the incumbents in such offices shall hold the

offices under section 133 of title 28, United States Code (as

amended by this section).

(2) [Omitted—Amendatory]

(3) E

FFECTIVE DATE

.—With respect to the central or southern

district of Illinois, the northern district of New York, or the

eastern district of Virginia, this subsection shall take effect on

the earlier of—

(A) the date on which the first vacancy in the office of

district judge occurs in such district; or

(B) July 15, 2003.

EMPORARY

UDGESHIPS

.—

(1) I

N GENERAL

.—The President shall appoint, by and with

the advice and consent of the Senate—

(A) 1 additional district judge for the northern district of

Alabama;

(B) 1 additional judge for the district of Arizona;

fornia;

(D) 1 additional judge for the southern district of Flor-

ida;

(E) 1 additional district judge for the district of New

Mexico;

(F) 1 additional district judge for the western district of

North Carolina; and

(G) 1 additional district judge for the eastern district of

Texas.

(2) V

ACANCIES NOT FILLED

.—The first vacancy in the office of

district judge in each of the offices of district judge authorized

by this subsection, except in the case of the central district of

California and the western district of North Carolina, occurring

ø21¿ 22 years or more after the confirmation date of the judge

named to fill the temporary district judgeship created in the

applicable district by this subsection, shall not be filled. The

first vacancy in the office of district judge in the central dis-

trict of California occurring ø20 years and 6 months¿ 21 years

and 6 months or more after the confirmation date of the judge

named to fill the temporary district judgeship created in that

district by this subsection, shall not be filled. The first vacancy

in the office of district judge in the western district of North

Carolina occurring ø19¿ 20 years or more after the confirma-

tion date of the judge named to fill the temporary district

judgeship created in that district by this subsection, shall not

be filled.

(3) E

FFECTIVE DATE

.—This subsection shall take effect on

July 15, 2003.

(d) E

XTENSION OF

EMPORARY

EDERAL

ISTRICT

OURT

UDGE

SHIP FOR THE

ORTHERN

ISTRICT OF

HIO

.—

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(1) I

N GENERAL

.—[Omitted—Amendatory]

(2) E

FFECTIVE DATE

.—The amendments made by this sub-

section shall take effect on the date of enactment of this Act.

(e) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized to

be appropriated such sums as may be necessary to carry out this

section, including such sums as may be necessary to provide appro-

priate space and facilities for the judicial positions created by this

section.

* * * * * * *

UNIVERSAL SERVICE ANTIDEFICIENCY TEMPORARY

SUSPENSION ACT

* * * * * * *

TITLE III—UNIVERSAL SERVICE

* * * * * * *

SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNI-

VERSAL SERVICE FUND.

(a) I

ENERAL

.—During the period beginning on the date of en-

actment of this Act and ending on øDecember 31, 2023¿ December

31, 2024, section 1341 and subchapter II of chapter 15 of title 31,

United States Code, do not apply—

(1) to any amount collected or received as Federal universal

service contributions required by section 254 of the Commu-

nications Act of 1934 (47 U.S.C. 254), including any interest

earned on such contributions; nor

(2) to the expenditure or obligation of amounts attributable

to such contributions for universal service support programs

established pursuant to that section.

(b) P

OST

-2005 F

ULFILLMENT OF

ROTECTED

BLIGATIONS

.—Sec-

tion 1341 and subchapter II of chapter 15 of title 31, United States

Code, do not apply after øDecember 31, 2023¿ December 31, 2024,

to an expenditure or obligation described in subsection (a)(2) made

or authorized during the period described in subsection (a).

DODD-FRANK WALL STREET REFORM AND CONSUMER

PROTECTION ACT

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) S

HORT

ITLE

.—This Act may be cited as the ‘‘Dodd-Frank

Wall Street Reform and Consumer Protection Act’’.

(b) T

ABLE OF

ONTENTS

.—The table of contents for this Act is as

follows:

Sec. 1. Short title; table of contents.

* * * * * * *

TITLE X—BUREAU OF CONSUMER FINANCIAL PROTECTION

Sec. 1001. Short title.

Sec. 1002. Definitions.

* * * * * * *

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Subtitle F—Transfer of Functions and Personnel; Transitional Provisions

Sec. 1061. Transfer of consumer financial protection functions.

* * * * * * *

øSec. 1066. Interim authority of the Secretary.¿

* * * * * * *

TITLE I—FINANCIAL STABILITY

* * * * * * *

Subtitle A—Financial Stability Oversight

Council

SEC. 111. FINANCIAL STABILITY OVERSIGHT COUNCIL ESTABLISHED.

(a) E

STABLISHMENT

.—Effective on the date of enactment of this

Act, there is established the Financial Stability Oversight Council.

(b) M

EMBERSHIP

.—The Council shall consist of the following

members:

(1) V

OTING MEMBERS

.—The voting members, who shall each

have 1 vote on the Council shall be—

(A) the Secretary of the Treasury, who shall serve as

Chairperson of the Council;

(B) the Chairman of the Board of Governors;

(D) the øDirector¿ Chair of the Bureau;

(E) the Chairman of the Commission;

(F) the Chairperson of the Corporation;

(G) the Chairperson of the Commodity Futures Trading

Commission;

(H) the Director of the Federal Housing Finance Agency;

(I) the Chairman of the National Credit Union Adminis-

tration Board; and

(J) an independent member appointed by the President,

by and with the advice and consent of the Senate, having

insurance expertise.

(2) N

ONVOTING MEMBERS

.—The nonvoting members, who

shall serve in an advisory capacity as a nonvoting member of

the Council, shall be—

(A) the Director of the Office of Financial Research;

(B) the Director of the Federal Insurance Office;

a selection process determined by the State insurance com-

missioners;

(D) a State banking supervisor, to be designated by a se-

lection process determined by the State banking super-

visors; and

(E) a State securities commissioner (or an officer per-

forming like functions), to be designated by a selection

process determined by such State securities commis-

sioners.

(3) N

ONVOTING MEMBER PARTICIPATION

.—The nonvoting

members of the Council shall not be excluded from any of the

proceedings, meetings, discussions, or deliberations of the

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Council, except that the Chairperson may, upon an affirmative

vote of the member agencies, exclude the nonvoting members

from any of the proceedings, meetings, discussions, or delibera-

tions of the Council when necessary to safeguard and promote

the free exchange of confidential supervisory information.

ERMS

; V

ACANCY

.—

(1) T

ERMS

.—The independent member of the Council shall

serve for a term of 6 years, and each nonvoting member de-

scribed in subparagraphs (C), (D), and (E) of subsection (b)(2)

shall serve for a term of 2 years.

(2) V

ACANCY

.—Any vacancy on the Council shall be filled in

the manner in which the original appointment was made.

(3) A

CTING OFFICIALS MAY SERVE

.—In the event of a vacancy

in the office of the head of a member agency or department,

and pending the appointment of a successor, or during the ab-

sence or disability of the head of a member agency or depart-

ment, the acting head of the member agency or department

shall serve as a member of the Council in the place of that

agency or department head.

(4) T

ERM OF INDEPENDENT MEMBER

.—Notwithstanding para-

graph (1), if a successor to the independent member of the

Council serving under subsection (b)(1)(J) is not appointed and

confirmed by the end of the term of service of such member,

such member may continue to serve until the earlier of—

(A) 18 months after the date on which the term of serv-

ice ends; or

(B) the date on which a successor to such member is ap-

pointed and confirmed.

(d) T

ECHNICAL AND

ROFESSIONAL

DVISORY

OMMITTEES

.—The

Council may appoint such special advisory, technical, or profes-

sional committees as may be useful in carrying out the functions

of the Council, including an advisory committee consisting of State

regulators, and the members of such committees may be members

of the Council, or other persons, or both.

(e) M

EETINGS

.—

(1) T

IMING

.—The Council shall meet at the call of the Chair-

person or a majority of the members then serving, but not less

frequently than quarterly.

(2) R

ULES FOR CONDUCTING BUSINESS

.—The Council shall

adopt such rules as may be necessary for the conduct of the

business of the Council. Such rules shall be rules of agency or-

ganization, procedure, or practice for purposes of section 553 of

title 5, United States Code.

(f) V

OTING

.—Unless otherwise specified, the Council shall make

all decisions that it is authorized or required to make by a majority

vote of the voting members then serving.

(g) N

ONAPPLICABILITY OF

HAPTER

ITLE

5, U

NITED

TATES

ODE

.—Chapter 10 of title 5, United States Code, shall not apply

to the Council, or to any special advisory, technical, or professional

committee appointed by the Council, except that, if an advisory,

technical, or professional committee has one or more members who

are not employees of or affiliated with the United States Govern-

ment, the Council shall publish a list of the names of the members

of such committee.

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(h) A

SSISTANCE

ROM

EDERAL

GENCIES

.—Any department or

agency of the United States may provide to the Council and any

special advisory, technical, or professional committee appointed by

the Council, such services, funds, facilities, staff, and other support

services as the Council may determine advisable.

(i) C

OMPENSATION OF

EMBERS

.—

(1) F

EDERAL EMPLOYEE MEMBERS

.—All members of the Coun-

cil who are officers or employees of the United States shall

serve without compensation in addition to that received for

their services as officers or employees of the United States.

(2) C

OMPENSATION FOR NON

FEDERAL MEMBER

.—Section 5314

of title 5, United States Code, is amended by adding at the end

the following:‘‘Independent Member of the Financial Stability

Oversight Council (1).’’.

(j) D

ETAIL OF

OVERNMENT

MPLOYEES

.—Any employee of the

Federal Government may be detailed to the Council without reim-

bursement, and such detail shall be without interruption or loss of

civil service status or privilege. An employee of the Federal Govern-

ment detailed to the Council shall report to and be subject to over-

sight by the Council during the assignment to the Council, and

shall be compensated by the department or agency from which the

employee was detailed.

* * * * * * *

TITLE IX—INVESTOR PROTECTIONS

AND IMPROVEMENTS TO THE REGU-

LATION OF SECURITIES

SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Investor Protection and Securities

Reform Act of 2010’’.

* * * * * * *

TITLE X—BUREAU OF CONSUMER

FINANCIAL PROTECTION

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘Consumer Financial Protection

Act of 2010’’.

SEC. 1002. DEFINITIONS.

Except as otherwise provided in this title, for purposes of this

title, the following definitions shall apply:

(1) A

FFILIATE

.—The term ‘‘affiliate’’ means any person that

controls, is controlled by, or is under common control with an-

other person.

(2) B

UREAU

.—The term ‘‘Bureau’’ means the Bureau of Con-

sumer Financial Protection.

(3) B

USINESS OF INSURANCE

.—The term ‘‘business of insur-

ance’’ means the writing of insurance or the reinsuring of risks

by an insurer, including all acts necessary to such writing or

reinsuring and the activities relating to the writing of insur-

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148

ance or the reinsuring of risks conducted by persons who act

as, or are, officers, directors, agents, or employees of insurers

or who are other persons authorized to act on behalf of such

persons.

(4) C

ONSUMER

.—The term ‘‘consumer’’ means an individual

or an agent, trustee, or representative acting on behalf of an

individual.

(5) C

ONSUMER FINANCIAL PRODUCT OR SERVICE

.—The term

‘‘consumer financial product or service’’ means any financial

product or service that is described in one or more categories

under—

(A) paragraph (15) and is offered or provided for use by

consumers primarily for personal, family, or household

purposes; or

(B) clause (i), (iii), (ix), or (x) of paragraph (15)(A), and

is delivered, offered, or provided in connection with a con-

sumer financial product or service referred to in subpara-

graph (A).

(6) C

OVERED PERSON

.—The term ‘‘covered person’’ means—

(A) any person that engages in offering or providing a

consumer financial product or service; and

(B) any affiliate of a person described in subparagraph

(A) if such affiliate acts as a service provider to such per-

son.

(7) C

REDIT

.—The term ‘‘credit’’ means the right granted by

a person to a consumer to defer payment of a debt, incur debt

and defer its payment, or purchase property or services and

defer payment for such purchase.

(8) D

EPOSIT

TAKING ACTIVITY

.—The term ‘‘deposit-taking ac-

tivity’’ means—

(A) the acceptance of deposits, maintenance of deposit

accounts, or the provision of services related to the accept-

ance of deposits or the maintenance of deposit accounts;

(B) the acceptance of funds, the provision of other serv-

ices related to the acceptance of funds, or the maintenance

of member share accounts by a credit union; or

Bureau may determine by rule or order, received or held

by a covered person (or an agent for a covered person) for

the purpose of facilitating a payment or transferring funds

or value of funds between a consumer and a third party.

(9) D

ESIGNATED TRANSFER DATE

.—The term ‘‘designated

transfer date’’ means the date established under section 1062.

ø(10) D

IRECTOR

.—The term ‘‘Director’’ means the Director of

the Bureau.¿

(11) E

LECTRONIC CONDUIT SERVICES

.—The term ‘‘electronic

conduit services’’—

(A) means the provision, by a person, of electronic data

transmission, routing, intermediate or transient storage, or

connections to a telecommunications system or network;

and

(B) does not include a person that provides electronic

conduit services if, when providing such services, the per-

son—

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(i) selects or modifies the content of the electronic

data;

(ii) transmits, routes, stores, or provides connections

for electronic data, including financial data, in a man-

ner that such financial data is differentiated from

other types of data of the same form that such person

transmits, routes, or stores, or with respect to which,

provides connections; or

(iii) is a payee, payor, correspondent, or similar

party to a payment transaction with a consumer.

(12) E

NUMERATED CONSUMER LAWS

.—Except as otherwise

specifically provided in section 1029, subtitle G or subtitle H,

the term ‘‘enumerated consumer laws’’ means—

(A) the Alternative Mortgage Transaction Parity Act of

1982 (12 U.S.C. 3801 et seq.);

(B) the Consumer Leasing Act of 1976 (15 U.S.C. 1667

et seq.);

seq.), except with respect to section 920 of that Act;

(D) the Equal Credit Opportunity Act (15 U.S.C. 1691 et

seq.);

(E) the Fair Credit Billing Act (15 U.S.C. 1666 et seq.);

(F) the Fair Credit Reporting Act (15 U.S.C. 1681 et

seq.), except with respect to sections 615(e) and 628 of that

Act (15 U.S.C. 1681m(e), 1681w);

(G) the Home Owners Protection Act of 1998 (12 U.S.C.

4901 et seq.);

(H) the Fair Debt Collection Practices Act (15 U.S.C.

1692 et seq.);

(I) subsections (b) through (f) of section 43 of the Federal

Deposit Insurance Act (12 U.S.C. 1831t(c)-(f));

(J) sections 502 through 509 of the Gramm-Leach-Bliley

Act (15 U.S.C. 6802-6809) except for section 505 as it ap-

plies to section 501(b);

(K) the Home Mortgage Disclosure Act of 1975 (12

U.S.C. 2801 et seq.);

(L) the Home Ownership and Equity Protection Act of

1994 (15 U.S.C. 1601 note);

(M) the Real Estate Settlement Procedures Act of 1974

(12 U.S.C. 2601 et seq.);

(N) the S.A.F.E. Mortgage Licensing Act of 2008 (12

U.S.C. 5101 et seq.);

(O) the Truth in Lending Act (15 U.S.C. 1601 et seq.);

(P) the Truth in Savings Act (12 U.S.C. 4301 et seq.);

(Q) section 626 of the Omnibus Appropriations Act, 2009

(Public Law 111-8); and

(R) the Interstate Land Sales Full Disclosure Act (15

U.S.C. 1701).

(13) F

AIR LENDING

.—The term ‘‘fair lending’’ means fair, eq-

uitable, and nondiscriminatory access to credit for consumers.

(14) F

EDERAL CONSUMER FINANCIAL LAW

.—The term ‘‘Federal

consumer financial law’’ means the provisions of this title, the

enumerated consumer laws, the laws for which authorities are

transferred under subtitles F and H, and any rule or order pre-

scribed by the Bureau under this title, an enumerated con-

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sumer law, or pursuant to the authorities transferred under

subtitles F and H. The term does not include the Federal

Trade Commission Act.

(15) F

INANCIAL PRODUCT OR SERVICE

.—

(A) I

N GENERAL

.—The term ‘‘financial product or service’’

means—

(i) extending credit and servicing loans, including

acquiring, purchasing, selling, brokering, or other ex-

tensions of credit (other than solely extending com-

mercial credit to a person who originates consumer

credit transactions);

(ii) extending or brokering leases of personal or real

property that are the functional equivalent of pur-

chase finance arrangements, if—

(I) the lease is on a non-operating basis;

(II) the initial term of the lease is at least 90

days; and

(III) in the case of a lease involving real prop-

erty, at the inception of the initial lease, the

transaction is intended to result in ownership of

the leased property to be transferred to the lessee,

subject to standards prescribed by the Bureau;

(iii) providing real estate settlement services, except

such services excluded under subparagraph (C), or

performing appraisals of real estate or personal prop-

erty;

(iv) engaging in deposit-taking activities, transmit-

ting or exchanging funds, or otherwise acting as a cus-

todian of funds or any financial instrument for use by

or on behalf of a consumer;

(v) selling, providing, or issuing stored value or pay-

ment instruments, except that, in the case of a sale of,

or transaction to reload, stored value, only if the seller

exercises substantial control over the terms or condi-

tions of the stored value provided to the consumer

where, for purposes of this clause—

(I) a seller shall not be found to exercise sub-

stantial control over the terms or conditions of the

stored value if the seller is not a party to the con-

tract with the consumer for the stored value prod-

uct, and another person is principally responsible

for establishing the terms or conditions of the

stored value; and

(II) advertising the nonfinancial goods or serv-

ices of the seller on the stored value card or device

is not in itself an exercise of substantial control

over the terms or conditions;

(vi) providing check cashing, check collection, or

check guaranty services;

(vii) providing payments or other financial data

processing products or services to a consumer by any

technological means, including processing or storing fi-

nancial or banking data for any payment instrument,

or through any payments systems or network used for

processing payments data, including payments made

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151

through an online banking system or mobile tele-

communications network, except that a person shall

not be deemed to be a covered person with respect to

financial data processing solely because the person—

(I) is a merchant, retailer, or seller of any non-

financial good or service who engages in financial

data processing by transmitting or storing pay-

ments data about a consumer exclusively for pur-

pose of initiating payments instructions by the

consumer to pay such person for the purchase of,

or to complete a commercial transaction for, such

nonfinancial good or service sold directly by such

person to the consumer; or

(II) provides access to a host server to a person

for purposes of enabling that person to establish

and maintain a website;

(viii) providing financial advisory services (other

than services relating to securities provided by a per-

son regulated by the Commission or a person regu-

lated by a State securities Commission, but only to the

extent that such person acts in a regulated capacity)

to consumers on individual financial matters or relat-

ing to proprietary financial products or services (other

than by publishing any bona fide newspaper, news

magazine, or business or financial publication of gen-

eral and regular circulation, including publishing mar-

ket data, news, or data analytics or investment infor-

mation or recommendations that are not tailored to

the individual needs of a particular consumer), includ-

ing—

(I) providing credit counseling to any consumer;

and

(II) providing services to assist a consumer with

debt management or debt settlement, modifying

the terms of any extension of credit, or avoiding

foreclosure;

(ix) collecting, analyzing, maintaining, or providing

consumer report information or other account informa-

tion, including information relating to the credit his-

tory of consumers, used or expected to be used in con-

nection with any decision regarding the offering or

provision of a consumer financial product or service,

except to the extent that—

(I) a person—

(aa) collects, analyzes, or maintains infor-

mation that relates solely to the transactions

between a consumer and such person;

(bb) provides the information described in

item (aa) to an affiliate of such person; or

(cc) provides information that is used or ex-

pected to be used solely in any decision re-

garding the offering or provision of a product

or service that is not a consumer financial

product or service, including a decision for

employment, government licensing, or a resi-

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152

dential lease or tenancy involving a consumer;

and

(II) the information described in subclause

(I)(aa) is not used by such person or affiliate in

connection with any decision regarding the offer-

ing or provision of a consumer financial product or

service to the consumer, other than credit de-

scribed in section 1027(a)(2)(A);

(x) collecting debt related to any consumer financial

product or service; and

(xi) such other financial product or service as may

be defined by the Bureau, by regulation, for purposes

of this title, if the Bureau finds that such financial

product or service is—

(I) entered into or conducted as a subterfuge or

with a purpose to evade any Federal consumer fi-

nancial law; or

(II) permissible for a bank or for a financial

holding company to offer or to provide under any

provision of a Federal law or regulation applicable

to a bank or a financial holding company, and has,

or likely will have, a material impact on con-

sumers.

(B) R

ULE OF CONSTRUCTION

.—

(i) I

N GENERAL

.—For purposes of subparagraph

(A)(xi)(II), and subject to clause (ii) of this subpara-

graph, the following activities provided to a covered

person shall not, for purposes of this title, be consid-

ered incidental or complementary to a financial activ-

ity permissible for a financial holding company to en-

gage in under any provision of a Federal law or regu-

lation applicable to a financial holding company:

(I) Providing information products or services to

a covered person for identity authentication.

(II) Providing information products or services

for fraud or identify theft detection, prevention, or

investigation.

(III) Providing document retrieval or delivery

services.

(IV) Providing public records information re-

trieval.

(V) Providing information products or services

for anti-money laundering activities.

(ii) L

IMITATION

.—Nothing in clause (i) may be con-

strued as modifying or limiting the authority of the

Bureau to exercise any—

(I) examination or enforcement powers authority

under this title with respect to a covered person

or service provider engaging in an activity de-

scribed in subparagraph (A)(ix); or

(II) powers authorized by this title to prescribe

rules, issue orders, or take other actions under

any enumerated consumer law or law for which

the authorities are transferred under subtitle F or

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XCLUSIONS

.—The term ‘‘financial product or serv-

ice’’ does not include—

(i) the business of insurance; or

(ii) electronic conduit services.

(16) F

OREIGN EXCHANGE

.—The term ‘‘foreign exchange’’

means the exchange, for compensation, of currency of the

United States or of a foreign government for currency of an-

other government.

(17) I

NSURED CREDIT UNION

.—The term ‘‘insured credit

union’’ has the same meaning as in section 101 of the Federal

Credit Union Act (12 U.S.C. 1752).

(18) P

AYMENT INSTRUMENT

.—The term ‘‘payment instru-

ment’’ means a check, draft, warrant, money order, traveler’s

check, electronic instrument, or other instrument, payment of

funds, or monetary value (other than currency).

(19) P

ERSON

.—The term ‘‘person’’ means an individual, part-

nership, company, corporation, association (incorporated or un-

incorporated), trust, estate, cooperative organization, or other

entity.

(20) P

ERSON REGULATED BY THE COMMODITY FUTURES TRAD

ING COMMISSION

.—The term ‘‘person regulated by the Com-

modity Futures Trading Commission’’ means any person that

is registered, or required by statute or regulation to be reg-

istered, with the Commodity Futures Trading Commission, but

only to the extent that the activities of such person are subject

to the jurisdiction of the Commodity Futures Trading Commis-

sion under the Commodity Exchange Act.

(21) P

ERSON REGULATED BY THE COMMISSION

.—The term

‘‘person regulated by the Commission’’ means a person who

is—

(A) a broker or dealer that is required to be registered

under the Securities Exchange Act of 1934;

(B) an investment adviser that is registered under the

Investment Advisers Act of 1940;

istered under the Investment Company Act of 1940, and

any company that has elected to be regulated as a busi-

ness development company under that Act;

(D) a national securities exchange that is required to be

registered under the Securities Exchange Act of 1934;

(E) a transfer agent that is required to be registered

under the Securities Exchange Act of 1934;

(F) a clearing corporation that is required to be reg-

istered under the Securities Exchange Act of 1934;

(G) any self-regulatory organization that is required to

be registered with the Commission;

(H) any nationally recognized statistical rating organiza-

tion that is required to be registered with the Commission;

(I) any securities information processor that is required

to be registered with the Commission;

(J) any municipal securities dealer that is required to be

registered with the Commission;

(K) any other person that is required to be registered

with the Commission under the Securities Exchange Act of

1934; and

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(L) any employee, agent, or contractor acting on behalf

of, registered with, or providing services to, any person de-

scribed in any of subparagraphs (A) through (K), but only

to the extent that any person described in any of subpara-

graphs (A) through (K), or the employee, agent, or con-

tractor of such person, acts in a regulated capacity.

(22) P

ERSON REGULATED BY A STATE INSURANCE REGU

LATOR

.—The term ‘‘person regulated by a State insurance regu-

lator’’ means any person that is engaged in the business of in-

surance and subject to regulation by any State insurance regu-

lator, but only to the extent that such person acts in such ca-

pacity.

(23) P

ERSON THAT PERFORMS INCOME TAX PREPARATION AC

TIVITIES FOR CONSUMERS

.—The term ‘‘person that performs in-

come tax preparation activities for consumers’’ means—

(A) any tax return preparer (as defined in section

7701(a)(36) of the Internal Revenue Code of 1986), regard-

less of whether compensated, but only to the extent that

the person acts in such capacity;

(B) any person regulated by the Secretary under section

330 of title 31, United States Code, but only to the extent

that the person acts in such capacity; and

purposes of section 7216 of the Internal Revenue Code of

1986), but only to the extent that the person acts in such

capacity.

(24) P

RUDENTIAL REGULATOR

.—The term ‘‘prudential regu-

lator’’ means—

(A) in the case of an insured depository institution or de-

pository institution holding company (as defined in section

3 of the Federal Deposit Insurance Act), or subsidiary of

such institution or company, the appropriate Federal

banking agency, as that term is defined in section 3 of the

Federal Deposit Insurance Act; and

(B) in the case of an insured credit union, the National

Credit Union Administration.

(25) R

ELATED PERSON

.—The term ‘‘related person’’—

(A) shall apply only with respect to a covered person

that is not a bank holding company (as that term is de-

fined in section 2 of the Bank Holding Company Act of

1956), credit union, or depository institution;

(B) shall be deemed to mean a covered person for all

purposes of any provision of Federal consumer financial

law; and

(i) any director, officer, or employee charged with

managerial responsibility for, or controlling share-

holder of, or agent for, such covered person;

(ii) any shareholder, consultant, joint venture part-

ner, or other person, as determined by the Bureau (by

rule or on a case-by-case basis) who materially partici-

pates in the conduct of the affairs of such covered per-

son; and

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(iii) any independent contractor (including any attor-

ney, appraiser, or accountant) who knowingly or reck-

lessly participates in any—

(I) violation of any provision of law or regula-

tion; or

(II) breach of a fiduciary duty.

(26) S

ERVICE PROVIDER

.—

(A) I

N GENERAL

.—The term ‘‘service provider’’ means any

person that provides a material service to a covered person

in connection with the offering or provision by such cov-

ered person of a consumer financial product or service, in-

cluding a person that—

(i) participates in designing, operating, or maintain-

ing the consumer financial product or service; or

(ii) processes transactions relating to the consumer

financial product or service (other than unknowingly

or incidentally transmitting or processing financial

data in a manner that such data is undifferentiated

from other types of data of the same form as the per-

son transmits or processes).

(B) E

XCEPTIONS

.—The term ‘‘service provider’’ does not

include a person solely by virtue of such person offering or

providing to a covered person—

(i) a support service of a type provided to businesses

generally or a similar ministerial service; or

(ii) time or space for an advertisement for a con-

sumer financial product or service through print,

newspaper, or electronic media.

ULE OF CONSTRUCTION

.—A person that is a service

provider shall be deemed to be a covered person to the ex-

tent that such person engages in the offering or provision

of its own consumer financial product or service.

(27) S

TATE

.—The term ‘‘State’’ means any State, territory, or

possession of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, Guam, American Samoa, or the

United States Virgin Islands or any federally recognized In-

dian tribe, as defined by the Secretary of the Interior under

section 104(a) of the Federally Recognized Indian Tribe List

Act of 1994 (25 U.S.C. 479a-1(a)).

(28) S

TORED VALUE

.—

(A) I

N GENERAL

.—The term ‘‘stored value’’ means funds

or monetary value represented in any electronic format,

whether or not specially encrypted, and stored or capable

of storage on electronic media in such a way as to be re-

trievable and transferred electronically, and includes a

prepaid debit card or product, or any other similar prod-

uct, regardless of whether the amount of the funds or mon-

etary value may be increased or reloaded.

(B) E

XCLUSION

.—Notwithstanding subparagraph (A), the

term ‘‘stored value’’ does not include a special purpose card

or certificate, which shall be defined for purposes of this

paragraph as funds or monetary value represented in any

electronic format, whether or not specially encrypted, that

is—

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(i) issued by a merchant, retailer, or other seller of

nonfinancial goods or services;

(ii) redeemable only for transactions with the mer-

chant, retailer, or seller of nonfinancial goods or serv-

ices or with an affiliate of such person, which affiliate

itself is a merchant, retailer, or seller of nonfinancial

goods or services;

(iii) issued in a specified amount that, except in the

case of a card or product used solely for telephone

services, may not be increased or reloaded;

(iv) purchased on a prepaid basis in exchange for

payment; and

(v) honored upon presentation to such merchant, re-

tailer, or seller of nonfinancial goods or services or an

affiliate of such person, which affiliate itself is a mer-

chant, retailer, or seller of nonfinancial goods or serv-

ices, only for any nonfinancial goods or services.

(29) T

RANSMITTING OR EXCHANGING FUNDS

.—The term

‘‘transmitting or exchanging funds’’ means receiving currency,

monetary value, or payment instruments from a consumer for

the purpose of exchanging or transmitting the same by any

means, including transmission by wire, facsimile, electronic

transfer, courier, the Internet, or through bill payment services

or through other businesses that facilitate third-party transfers

within the United States or to or from the United States.

Subtitle A—Bureau of Consumer Financial

Protection

SEC. 1011. ESTABLISHMENT OF THE BUREAU OF CONSUMER FINAN-

CIAL PROTECTION.

(a) B

UREAU

STABLISHED

.—There is established øin the Federal

Reserve System,¿ an øindependent bureau¿ independent agency to

be known as the ‘‘Bureau of Consumer Financial Protection’’, which

shall regulate the offering and provision of consumer financial

products or services under the Federal consumer financial laws.

The Bureau shall be considered an Executive agency, as defined in

section 105 of title 5, United States Code. Except as otherwise pro-

vided expressly by law, all Federal laws dealing with public or Fed-

eral contracts, property, works, officers, employees, budgets, or

funds, including the provisions of chapters 5 and 7 of title 5, shall

apply to the exercise of the powers of the Bureau.

ø(b) D

IRECTOR AND

EPUTY

IRECTOR

.—

ø(1) I

N GENERAL

.—There is established the position of the

Director, who shall serve as the head of the Bureau.

ø(2) A

PPOINTMENT

.—Subject to paragraph (3), the Director

shall be appointed by the President, by and with the advice

and consent of the Senate.

ø(3) Q

UALIFICATION

.—The President shall nominate the Di-

rector from among individuals who are citizens of the United

States.

ø(4) C

OMPENSATION

.—The Director shall be compensated at

the rate prescribed for level II of the Executive Schedule under

section 5313 of title 5, United States Code.

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ø(5) D

EPUTY DIRECTOR

.—There is established the position of

Deputy Director, who shall—

ø(A) be appointed by the Director; and

ø(B) serve as acting Director in the absence or unavail-

ability of the Director.

ø(c) T

ERM

.—

ø(1) I

N GENERAL

.—The Director shall serve for a term of 5

years.

ø(2) E

XPIRATION OF TERM

.—An individual may serve as Di-

rector after the expiration of the term for which appointed,

until a successor has been appointed and qualified.

ø(3) R

EMOVAL FOR CAUSE

.—The President may remove the

Director for inefficiency, neglect of duty, or malfeasance in of-

fice.

ø(d) S

ERVICE

ESTRICTION

.—No Director or Deputy Director may

hold any office, position, or employment in any Federal reserve

bank, Federal home loan bank, covered person, or service provider

during the period of service of such person as Director or Deputy

Director.¿

(b) A

UTHORITY TO

RESCRIBE

EGULATIONS

.—The commission of

the Bureau may prescribe such regulations and issue such orders in

accordance with this title as the Bureau may determine to be nec-

essary for carrying out this title and all other laws within the Bu-

reau’s jurisdiction and shall exercise any authorities granted under

this title and all other laws within the Bureau’s jurisdiction.

OMPOSITION OF THE

OMMISSION

.—

(1) I

N GENERAL

.—The management of the Bureau shall be

vested in a commission, which shall be composed of 5 members

who shall be appointed by the President, by and with the advice

and consent of the Senate, and at least 2 of whom shall have

private sector experience in the provision of consumer financial

products and services.

(2) S

TAGGERING

.—The members of the commission shall serve

staggered terms, which initially shall be established by the

President for terms of 1, 2, 3, 4, and 5 years, respectively.

(3) T

ERMS

.—

(A) I

N GENERAL

.—Except with respect to the initial stag-

gered terms described under paragraph (2), each member of

the commission, including the Chair, shall serve for a term

of 5 years.

(B) R

EMOVAL

.—The President may remove any member

of the commission for inefficiency, neglect of duty, or mal-

feasance in office.

ACANCIES

.—Any member of the commission ap-

pointed to fill a vacancy occurring before the expiration of

the term to which that member’s predecessor was appointed

(including the Chair) shall be appointed only for the re-

mainder of the term.

(D) C

ONTINUATION OF SERVICE

.—Each member of the

commission may continue to serve after the expiration of

the term of office to which that member was appointed

until a successor has been appointed by the President and

confirmed by the Senate, except that a member may not

continue to serve more than 1 year after the date on which

that member’s term would otherwise expire.

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(E) O

THER EMPLOYMENT PROHIBITED

.—No member of the

commission shall engage in any other business, vocation, or

employment.

(d) A

FFILIATION

.—Not more than 3 members of the commission

shall be members of any one political party.

(e) C

HAIR OF THE

OMMISSION

.—

(1) I

NITIAL CHAIR

.—The first member and Chair of the com-

mission shall be the individual serving as Director of the Bu-

reau of Consumer Financial Protection on the day before the

date of the enactment of this subsection. Such individual shall

serve until the President has appointed all 5 members of the

commission in accordance with subsection (c).

(2) S

UBSEQUENT CHAIR

.—Of the 5 members appointed in ac-

cordance with subsection (c), the President shall appoint 1

member to serve as the subsequent Chair of the commission.

(3) A

UTHORITY

.—The Chair shall be the principal executive

officer of the commission, and shall exercise all of the executive

and administrative functions of the commission, including with

respect to—

(A) the appointment and supervision of personnel em-

ployed under the commission (other than personnel em-

ployed regularly and full time in the immediate offices of

members of the commission other than the Chair);

(B) the distribution of business among personnel ap-

pointed and supervised by the Chair and among adminis-

trative units of the commission; and

(4) L

IMITATION

.—In carrying out any of the Chair’s functions

under the provisions of this subsection, the Chair shall be gov-

erned by general policies of the commission and by such regu-

latory decisions, findings, and determinations as the commis-

sion may by law be authorized to make.

(5) R

EQUESTS OR ESTIMATES RELATED TO APPROPRIATIONS

.—

Requests or estimates for regular, supplemental, or deficiency

appropriations on behalf of the commission may not be sub-

mitted by the Chair without the prior approval of the commis-

sion.

(6) D

ESIGNATION

.—The Chair shall be known as both the

‘‘Chair of the commission’’ of the Bureau and the ‘‘Chair of the

Bureau’’.

(f) I

NITIAL

UORUM

STABLISHED

.—For the 6 month period begin-

ning on the date of enactment of this subsection, the first member

and Chair of the commission described under subsection (e)(1) shall

constitute a quorum for the transaction of business until the Presi-

dent has appointed all 5 members of the commission in accordance

with subsection (c). Following such appointment of 5 members, the

quorum requirements of subsection (g) shall apply.

(g) N

MPAIRMENT BY

EASON OF

ACANCIES

.—No vacancy in

the members of the commission after the establishment of an initial

quorum under subsection (f) shall impair the right of the remaining

members of the commission to exercise all the powers of the commis-

sion. Three members of the commission shall constitute a quorum

for the transaction of business, except that if there are only 3 mem-

bers serving on the commission because of vacancies in the commis-

sion, 2 members of the commission shall constitute a quorum for the

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transaction of business. If there are only 2 members serving on the

commission because of vacancies in the commission, 2 members

shall constitute a quorum for the 6-month period beginning on the

date of the vacancy which caused the number of commission mem-

bers to decline to 2.

(h) S

EAL

.—The Bureau shall have an official seal.

(i) C

OMPENSATION

.—

(1) C

HAIR

.—The Chair shall receive compensation at the rate

prescribed for level I of the Executive Schedule under section

5313 of title 5, United States Code.

(2) O

THER MEMBERS OF THE COMMISSION

.—The 4 other mem-

bers of the commission shall each receive compensation at the

rate prescribed for level II of the Executive Schedule under sec-

tion 5314 of title 5, United States Code.

ø(e)¿ (j) O

FFICES

.—The principal office of the Bureau shall be in

the District of Columbia. The øDirector¿ Bureau may establish re-

gional offices of the Bureauø, including in cities in which the Fed-

eral reserve banks, or branches of such banks, are located,¿ in

order to carry out the responsibilities assigned to the Bureau under

the Federal consumer financial laws.

SEC. 1012. EXECUTIVE AND ADMINISTRATIVE POWERS.

(a) P

OWERS OF THE

UREAU

.—The Bureau is authorized to estab-

lish the general policies of the Bureau with respect to all executive

and administrative functions, including—

(1) the establishment of rules for conducting the general

business of the Bureau, in a manner not inconsistent with this

title;

(2) to bind the Bureau and enter into contracts;

(3) directing the establishment and maintenance of divisions

or other offices within the Bureau, in order to carry out the re-

sponsibilities under the Federal consumer financial laws, and

to satisfy the requirements of other applicable law;

(4) to coordinate and oversee the operation of all administra-

tive, enforcement, and research activities of the Bureau;

(5) to adopt and use a seal;

(6) to determine the character of and the necessity for the

obligations and expenditures of the Bureau;

(7) the appointment and supervision of personnel employed

by the Bureau;

(8) the distribution of business among personnel appointed

and supervised by the øDirector¿ Bureau and among adminis-

trative units of the Bureau;

(9) the use and expenditure of funds;

(10) implementing the Federal consumer financial laws

through rules, orders, guidance, interpretations, statements of

policy, examinations, and enforcement actions; and

(11) performing such other functions as may be authorized or

required by law.

(b) D

ELEGATION OF

UTHORITY

.—The øDirector of the Bureau¿

Bureau may delegate to any duly authorized employee, representa-

tive, or agent any power vested in the Bureau by law.

UTONOMY OF THE

UREAU

¿ C

OORDINATION

ITH THE

OARD OF

OVERNORS

.—

ø(1) C

OORDINATION WITH THE BOARD OF GOVERNORS

.—¿ Not-

withstanding any other provision of law applicable to the su-

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160

pervision or examination of persons with respect to Federal

consumer financial laws, the Board of Governors may delegate

to the Bureau the authorities to examine persons subject to the

jurisdiction of the Board of Governors for compliance with the

Federal consumer financial laws.

ø(2) A

UTONOMY

.—Notwithstanding the authorities granted to

the Board of Governors under the Federal Reserve Act, the

Board of Governors may not—

ø(A) intervene in any matter or proceeding before the

Director, including examinations or enforcement actions,

unless otherwise specifically provided by law;

ø(B) appoint, direct, or remove any officer or employee of

the Bureau; or

ø(C) merge or consolidate the Bureau, or any of the func-

tions or responsibilities of the Bureau, with any division or

office of the Board of Governors or the Federal reserve

banks.

ø(3) R

ULES AND ORDERS

.—No rule or order of the Bureau

shall be subject to approval or review by the Board of Gov-

ernors. The Board of Governors may not delay or prevent the

issuance of any rule or order of the Bureau.

ø(4) R

ECOMMENDATIONS AND TESTIMONY

.—No officer or agen-

cy of the United States shall have any authority to require the

Director or any other officer of the Bureau to submit legislative

recommendations, or testimony or comments on legislation, to

any officer or agency of the United States for approval, com-

ments, or review prior to the submission of such recommenda-

tions, testimony, or comments to the Congress, if such rec-

ommendations, testimony, or comments to the Congress in-

clude a statement indicating that the views expressed therein

are those of the Director or such officer, and do not necessarily

reflect the views of the Board of Governors or the President.

ø(5) C

LARIFICATION OF AUTONOMY OF THE BUREAU IN LEGAL

PROCEEDINGS

.—The Bureau shall not be liable under any pro-

vision of law for any action or inaction of the Board of Gov-

ernors, and the Board of Governors shall not be liable under

any provision of law for any action or inaction of the Bureau.¿

SEC. 1013. ADMINISTRATION.

(a) P

ERSONNEL

.—

(1) A

PPOINTMENT

.—

(A) I

N GENERAL

.—The øDirector¿ Bureau may fix the

number of, and appoint and direct, all employees of the

Bureau, in accordance with the applicable provisions of

title 5, United States Code.

(B) E

MPLOYEES OF THE BUREAU

.—The øDirector¿ Bureau

is authorized to employ attorneys, compliance examiners,

compliance supervision analysts, economists, statisticians,

and other employees as may be deemed necessary to con-

duct the business of the Bureau. Unless otherwise pro-

vided expressly by law, any individual appointed under

this section shall be an employee as defined in section

2105 of title 5, United States Code, and subject to the pro-

visions of such title and other laws generally applicable to

the employees of an Executive agency.

AIVER AUTHORITY

.—

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(i) I

N GENERAL

.—In making any appointment under

subparagraph (A), the øDirector¿ Bureau may waive

the requirements of chapter 33 of title 5, United

States Code, and the regulations implementing such

chapter, to the extent necessary to appoint employees

on terms and conditions that are consistent with those

set forth in section 11(1) of the Federal Reserve Act

(12 U.S.C. 248(1)), while providing for—

(I) fair, credible, and transparent methods of es-

tablishing qualification requirements for, recruit-

ment for, and appointments to positions;

(II) fair and open competition and equitable

treatment in the consideration and selection of in-

dividuals to positions;

(III) fair, credible, and transparent methods of

assigning, reassigning, detailing, transferring, and

promoting employees.

(ii) V

ETERANS PREFERENCES

.—In implementing this

subparagraph, the øDirector¿ Bureau shall comply

with the provisions of section 2302(b)(11), regarding

veterans’ preference requirements, in a manner con-

sistent with that in which such provisions are applied

under chapter 33 of title 5, United States Code. The

authority under this subparagraph to waive the re-

quirements of that chapter 33 shall expire 5 years

after the date of enactment of this Act.

(2) C

OMPENSATION

.—Notwithstanding any otherwise applica-

ble provision of title 5, United States Code, concerning com-

pensation, including the provisions of chapter 51 and chapter

53, the following provisions shall apply with respect to employ-

ees of the Bureau:

(A) The rates of basic pay for all employees of the Bu-

reau may be set and adjusted by the øDirector¿ Bureau.

(B) The øDirector¿ Bureau shall at all times provide

compensation (including benefits) to each class of employ-

ees that, at a minimum, are comparable to the compensa-

tion and benefits then being provided by the Board of Gov-

ernors for the corresponding class of employees.

benefits) on terms and conditions that are consistent with

the terms and conditions set forth in section 11(l) of the

Federal Reserve Act (12 U.S.C. 248(l)).

(3) B

UREAU PARTICIPATION IN FEDERAL RESERVE SYSTEM RE

TIREMENT PLAN AND FEDERAL RESERVE SYSTEM THRIFT PLAN

.—

(A) E

MPLOYEE ELECTION

.—Employees appointed to the

Bureau may elect to participate in either—

(i) both the Federal Reserve System Retirement

Plan and the Federal Reserve System Thrift Plan,

under the same terms on which such participation is

offered to employees of the Board of Governors who

participate in such plans and under the terms and

conditions specified under section 1064(i)(1)(C); or

(ii) the Civil Service Retirement System under chap-

ter 83 of title 5, United States Code, or the Federal

Employees Retirement System under chapter 84 of

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title 5, United States Code, if previously covered under

one of those Federal employee retirement systems.

(B) E

LECTION PERIOD

.—Bureau employees shall make an

election under this paragraph not later than 1 year after

the date of appointment by, or transfer under subtitle F to,

the Bureau. Participation in, and benefit accruals under,

any other retirement plan established or maintained by

the Federal Government shall end not later than the date

on which participation in, and benefit accruals under, the

Federal Reserve System Retirement Plan and Federal Re-

serve System Thrift Plan begin.

MPLOYER CONTRIBUTION

.—The Bureau shall pay an

employer contribution to the Federal Reserve System Re-

tirement Plan, in the amount established as an employer

contribution under the Federal Employees Retirement Sys-

tem, as established under chapter 84 of title 5, United

States Code, for each Bureau employee who elects to par-

ticipate in the Federal Reserve System Retirement Plan.

The Bureau shall pay an employer contribution to the Fed-

eral Reserve System Thrift Plan for each Bureau employee

who elects to participate in such plan, as required under

the terms of such plan.

(D) C

ONTROLLED GROUP STATUS

.—The Bureau is the

same employer as the Federal Reserve System (as com-

prised of the Board of Governors and each of the 12 Fed-

eral reserve banks prior to the date of enactment of this

Act) for purposes of subsections (b), (c), (m), and (o) of sec-

tion 414 of the Internal Revenue Code of 1986, (26 U.S.C.

414).

(4) L

ABOR

MANAGEMENT RELATIONS

.—Chapter 71 of title 5,

United States Code, shall apply to the Bureau and the employ-

ees of the Bureau.

(5) A

GENCY OMBUDSMAN

.—

(A) E

STABLISHMENT REQUIRED

.—Not later than 180 days

after the designated transfer date, the Bureau shall ap-

point an ombudsman.

(B) D

UTIES OF OMBUDSMAN

.—The ombudsman appointed

in accordance with subparagraph (A) shall—

(i) act as a liaison between the Bureau and any af-

fected person with respect to any problem that such

party may have in dealing with the Bureau, resulting

from the regulatory activities of the Bureau; and

(ii) assure that safeguards exist to encourage com-

plainants to come forward and preserve confiden-

tiality.

(b) S

PECIFIC

UNCTIONAL

NITS

.—

(1) R

ESEARCH

.—The øDirector¿ Bureau shall establish a unit

whose functions shall include researching, analyzing, and re-

porting on—

(A) developments in markets for consumer financial

products or services, including market areas of alternative

consumer financial products or services with high growth

rates and areas of risk to consumers;

(B) access to fair and affordable credit for traditionally

underserved communities;

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closures and communications regarding consumer financial

products or services;

(D) consumer awareness and understanding of costs,

risks, and benefits of consumer financial products or serv-

ices;

(E) consumer behavior with respect to consumer finan-

cial products or services, including performance on mort-

gage loans; and

(F) experiences of traditionally underserved consumers,

including un-banked and under-banked consumers.

(2) C

OMMUNITY AFFAIRS

.—The øDirector¿ Bureau shall es-

tablish a unit whose functions shall include providing informa-

tion, guidance, and technical assistance regarding the offering

and provision of consumer financial products or services to tra-

ditionally underserved consumers and communities.

(3) C

OLLECTING AND TRACKING COMPLAINTS

.—

(A) I

N GENERAL

.—The øDirector¿ Bureau shall establish

a unit whose functions shall include establishing a single,

toll-free telephone number, a website, and a database or

utilizing an existing database to facilitate the centralized

collection of, monitoring of, and response to consumer com-

plaints regarding consumer financial products or services.

The øDirector¿ Bureau shall coordinate with the Federal

Trade Commission or other Federal agencies to route com-

plaints to such agencies, where appropriate.

(B) R

OUTING CALLS TO STATES

.—To the extent prac-

ticable, State agencies may receive appropriate complaints

from the systems established under subparagraph (A), if—

(i) the State agency system has the functional capac-

ity to receive calls or electronic reports routed by the

Bureau systems;

(ii) the State agency has satisfied any conditions of

participation in the system that the Bureau may es-

tablish, including treatment of personally identifiable

information and sharing of information on complaint

resolution or related compliance procedures and re-

sources; and

(iii) participation by the State agency includes meas-

ures necessary to provide for protection of personally

identifiable information that conform to the standards

for protection of the confidentiality of personally iden-

tifiable information and for data integrity and security

that apply to the Federal agencies described in sub-

paragraph (D).

EPORTS TO THE CONGRESS

.—The øDirector¿ Bureau

shall present an annual report to Congress not later than

March 31 of each year on the complaints received by the

Bureau in the prior year regarding consumer financial

products and services. Such report shall include informa-

tion and analysis about complaint numbers, complaint

types, and, where applicable, information about resolution

of complaints.

(D) D

ATA SHARING REQUIRED

.—To facilitate preparation

of the reports required under subparagraph (C), super-

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164

vision and enforcement activities, and monitoring of the

market for consumer financial products and services, the

Bureau shall share consumer complaint information with

prudential regulators, the Federal Trade Commission,

other Federal agencies, and State agencies, subject to the

standards applicable to Federal agencies for protection of

the confidentiality of personally identifiable information

and for data security and integrity. The prudential regu-

lators, the Federal Trade Commission, and other Federal

agencies shall share data relating to consumer complaints

regarding consumer financial products and services with

the Bureau, subject to the standards applicable to Federal

agencies for protection of confidentiality of personally iden-

tifiable information and for data security and integrity.

FFICE OF

AIR

ENDING AND

QUAL

PPORTUNITY

.—

(1) E

STABLISHMENT

.—The øDirector¿ Bureau shall establish

within the Bureau the Office of Fair Lending and Equal Oppor-

tunity.

(2) F

UNCTIONS

.—The Office of Fair Lending and Equal Op-

portunity shall have such powers and duties as the øDirector¿

Bureau may delegate to the Office, including—

(A) providing oversight and enforcement of Federal laws

intended to ensure the fair, equitable, and nondiscrim-

inatory access to credit for both individuals and commu-

nities that are enforced by the Bureau, including the

Equal Credit Opportunity Act and the Home Mortgage

Disclosure Act;

(B) coordinating fair lending efforts of the Bureau with

other Federal agencies and State regulators, as appro-

priate, to promote consistent, efficient, and effective en-

forcement of Federal fair lending laws;

rights, consumer and community advocates on the pro-

motion of fair lending compliance and education; and

(D) providing annual reports to Congress on the efforts

of the Bureau to fulfill its fair lending mandate.

(3) A

DMINISTRATION OF OFFICE

.—There is established the po-

sition of øAssistant Director of the Bureau for¿ Head of the Of-

fice of Fair Lending and Equal Opportunity, who—

(A) shall be appointed by the øDirector¿ Bureau; and

(B) shall carry out such duties as the øDirector¿ Bureau

may delegate to such øAssistant Director¿ Head of the Of-

fice.

(d) O

FFICE OF

INANCIAL

DUCATION

.—

(1) E

STABLISHMENT

.—The øDirector¿ Bureau shall establish

an Office of Financial Education, which shall be responsible for

developing and implementing initiatives intended to educate

and empower consumers to make better informed financial de-

cisions.

(2) O

THER DUTIES

.—The Office of Financial Education shall

develop and implement a strategy to improve the financial lit-

eracy of consumers that includes measurable goals and objec-

tives, in consultation with the Financial Literacy and Edu-

cation Commission, consistent with the National Strategy for

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165

Financial Literacy, through activities including providing op-

portunities for consumers to access—

(A) financial counseling, including community-based fi-

nancial counseling, where practicable;

(B) information to assist with the evaluation of credit

products and the understanding of credit histories and

scores;

mainstream financial institutions;

(D) activities intended to—

(i) prepare the consumer for educational expenses

and the submission of financial aid applications, and

other major purchases;

(ii) reduce debt; and

(iii) improve the financial situation of the consumer;

(E) assistance in developing long-term savings strate-

gies; and

(F) wealth building and financial services during the

preparation process to claim earned income tax credits and

Federal benefits.

(3) C

OORDINATION

.—The Office of Financial Education shall

coordinate with other units within the Bureau in carrying out

its functions, including—

(A) working with the Community Affairs Office to imple-

ment the strategy to improve financial literacy of con-

sumers; and

(B) working with the research unit established by the

øDirector¿ Bureau to conduct research related to consumer

financial education and counseling.

(4) R

EPORT

.—Not later than 24 months after the designated

transfer date, and annually thereafter, the øDirector¿ Bureau

shall submit a report on its financial literacy activities and

strategy to improve financial literacy of consumers to—

(A) the Committee on Banking, Housing, and Urban Af-

fairs of the Senate; and

(B) the Committee on Financial Services of the House of

Representatives.

(5) M

EMBERSHIP IN FINANCIAL LITERACY AND EDUCATION

COMMISSION

.—Section 513(c)(1) of the Financial Literacy and

Education Improvement Act (20 U.S.C. 9702(c)(1)) is amend-

ed—

(A) in subparagraph (B), by striking ‘‘and’’ at the end;

(B) by redesignating subparagraph (C) as subparagraph

(D); and

new subparagraph:

‘‘(C) the øDirector of the Bureau¿ Bureau of Consumer

Financial Protection; and’’.

(6) C

ONFORMING AMENDMENT

.—Section 513(d) of the Finan-

cial Literacy and Education Improvement Act (20 U.S.C.

9702(d)) is amended by adding at the end the following: ‘‘The

øDirector of the Bureau¿ Bureau of Consumer Financial Pro-

tection shall serve as the Vice Chairman.’’.

(7) S

TUDY AND REPORT ON FINANCIAL LITERACY PROGRAM

.—

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166

(A) I

N GENERAL

.—The Comptroller General of the United

States shall conduct a study to identify—

(i) the feasibility of certification of persons providing

the programs or performing the activities described in

paragraph (2), including recognizing outstanding pro-

grams, and developing guidelines and resources for

community-based practitioners, including—

(I) a potential certification process and stand-

ards for certification;

(II) appropriate certifying entities;

(III) resources required for funding such a proc-

ess; and

(IV) a cost-benefit analysis of such certification;

(ii) technological resources intended to collect, ana-

lyze, evaluate, or promote financial literacy and coun-

seling programs;

(iii) effective methods, tools, and strategies intended

to educate and empower consumers about personal fi-

nance management; and

(iv) recommendations intended to encourage the de-

velopment of programs that effectively improve finan-

cial education outcomes and empower consumers to

make better informed financial decisions based on

findings.

(B) R

EPORT

.—Not later than 1 year after the date of en-

actment of this Act, the Comptroller General of the United

States shall submit a report on the results of the study

conducted under this paragraph to the Committee on

Banking, Housing, and Urban Affairs of the Senate and

the Committee on Financial Services of the House of Rep-

resentatives.

(e) O

FFICE OF

ERVICE

EMBER

FFAIRS

.—

(1) I

N GENERAL

.—The øDirector¿ Bureau shall establish an

Office of Service Member Affairs, which shall be responsible for

developing and implementing initiatives for service members

and their families intended to—

(A) educate and empower service members and their

families to make better informed decisions regarding con-

sumer financial products and services;

(B) coordinate with the unit of the Bureau established

under subsection (b)(3), in order to monitor complaints by

service members and their families and responses to those

complaints by the Bureau or other appropriate Federal or

State agency; and

as appropriate, regarding consumer protection measures

relating to consumer financial products and services of-

fered to, or used by, service members and their families.

(2) C

OORDINATION

.—

(A) R

EGIONAL SERVICES

.—The øDirector¿ Bureau is au-

thorized to assign employees of the Bureau as may be

deemed necessary to conduct the business of the Office of

Service Member Affairs, including by establishing and

maintaining the functions of the Office in regional offices

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167

of the Bureau located near military bases, military treat-

ment facilities, or other similar military facilities.

(B) A

GREEMENTS

.—The øDirector¿ Bureau is authorized

to enter into memoranda of understanding and similar

agreements with the Department of Defense, including any

branch or agency as authorized by the department, in

order to carry out the business of the Office of Service

Member Affairs.

(3) D

EFINITION

.—As used in this subsection, the term ‘‘serv-

ice member’’ means any member of the United States Armed

Forces and any member of the National Guard or Reserves.

(f) T

IMING

.—The Office of Fair Lending and Equal Opportunity,

the Office of Financial Education, and the Office of Service Member

Affairs shall each be established not later than 1 year after the

designated transfer date.

(g) O

FFICE OF

INANCIAL

ROTECTION FOR

LDER

MERICANS

.—

(1) E

STABLISHMENT

.—Before the end of the 180-day period

beginning on the designated transfer date, the øDirector¿ Bu-

reau shall establish the Office of Financial Protection for Older

Americans, the functions of which shall include activities de-

signed to facilitate the financial literacy of individuals who

have attained the age of 62 years or more (in this subsection,

referred to as ‘‘seniors’’) on protection from unfair, deceptive,

and abusive practices and on current and future financial

choices, including through the dissemination of materials to

seniors on such topics.

(2) øA

SSISTANT DIRECTOR

¿ H

EAD OF THE OFFICE

.—The Office

of Financial Protection for Older Americans (in this subsection

referred to as the ‘‘Office’’) shall be headed by øan assistant di-

rector¿ a Head of the Office of Financial Protection for Older

Americans.

(3) D

UTIES

.—The Office shall—

(A) develop goals for programs that provide seniors fi-

nancial literacy and counseling, including programs that—

(i) help seniors recognize warning signs of unfair,

deceptive, or abusive practices, protect themselves

from such practices;

(ii) provide one-on-one financial counseling on issues

including long-term savings and later-life economic se-

curity; and

(iii) provide personal consumer credit advocacy to re-

spond to consumer problems caused by unfair, decep-

tive, or abusive practices;

(B) monitor certifications or designations of financial ad-

visors who advise seniors and alert the Commission and

State regulators of certifications or designations that are

identified as unfair, deceptive, or abusive;

lishment of the Office, submit to Congress and the Com-

mission any legislative and regulatory recommendations

on the best practices for—

(i) disseminating information regarding the legit-

imacy of certifications of financial advisers who advise

seniors;

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168

(ii) methods in which a senior can identify the finan-

cial advisor most appropriate for the senior’s needs;

and

(iii) methods in which a senior can verify a financial

advisor’s credentials;

(D) conduct research to identify best practices and effec-

tive methods, tools, technology and strategies to educate

and counsel seniors about personal finance management

with a focus on—

(i) protecting themselves from unfair, deceptive, and

abusive practices;

(ii) long-term savings; and

(iii) planning for retirement and long-term care;

(E) coordinate consumer protection efforts of seniors

with other Federal agencies and State regulators, as ap-

propriate, to promote consistent, effective, and efficient en-

forcement; and

(F) work with community organizations, non-profit orga-

nizations, and other entities that are involved with edu-

cating or assisting seniors (including the National Edu-

cation and Resource Center on Women and Retirement

Planning).

(h) A

PPLICATION OF

HAPTER

ITLE

5, U

NITED

TATES

ODE

.—Notwithstanding any provision of chapter 10 of title 5,

United States Code, such chapter shall apply to each advisory com-

mittee of the Bureau and each subcommittee of such an advisory

committee.

SEC. 1014. CONSUMER ADVISORY BOARD.

(a) E

STABLISHMENT

EQUIRED

.—The øDirector¿ Bureau shall es-

tablish a Consumer Advisory Board to advise and consult with the

Bureau in the exercise of its functions under the Federal consumer

financial laws, and to provide information on emerging practices in

the consumer financial products or services industry, including re-

gional trends, concerns, and other relevant information.

(b) M

EMBERSHIP

.—In appointing the members of the Consumer

Advisory Board, the øDirector¿ Bureau shall seek to assemble ex-

perts in consumer protection, financial services, community devel-

opment, fair lending and civil rights, and consumer financial prod-

ucts or services and representatives of depository institutions that

primarily serve underserved communities, and representatives of

communities that have been significantly impacted by higher-

priced mortgage loans, and seek representation of the interests of

covered persons and consumers, without regard to party affiliation.

øNot fewer than 6 members shall be appointed upon the rec-

ommendation of the regional Federal Reserve Bank Presidents, on

a rotating basis.¿ Not fewer than half of all members shall have

private sector experience in the provision of consumer financial

products and services.

EETINGS

.—The Consumer Advisory Board shall meet from

time to time at the call of the øDirector¿ Bureau, but, at a min-

imum, shall meet at least twice in each year.

(d) C

OMPENSATION AND

RAVEL

XPENSES

.—Members of the Con-

sumer Advisory Board who are not full-time employees of the

United States shall—

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169

(1) be entitled to receive compensation at a rate fixed by the

øDirector¿ Bureau while attending meetings of the Consumer

Advisory Board, including travel time; and

(2) be allowed travel expenses, including transportation and

subsistence, while away from their homes or regular places of

business.

* * * * * * *

SEC. 1016. APPEARANCES BEFORE AND REPORTS TO CONGRESS.

(a) A

PPEARANCES

EFORE

ONGRESS

.—The øDirector of the Bu-

reau¿ Chair of the Bureau shall appear before the Committee on

Banking, Housing, and Urban Affairs of the Senate and the Com-

mittee on Financial Services and the Committee on Energy and

Commerce of the House of Representatives at semi-annual hearings

regarding the reports required under subsection (b).

(b) R

EPORTS

EQUIRED

.—The Bureau shall, concurrent with each

semi-annual hearing referred to in subsection (a), prepare and sub-

mit to the President and to the Committee on Banking, Housing,

and Urban Affairs of the Senate and the Committee on Financial

Services and the Committee on Energy and Commerce of the House

of Representatives, a report, beginning with the session following

the designated transfer date. The Bureau may also submit such re-

port to the Committee on Commerce, Science, and Transportation

of the Senate.

ONTENTS

.—The reports required by subsection (b) shall in-

clude—

(1) a discussion of the significant problems faced by con-

sumers in shopping for or obtaining consumer financial prod-

ucts or services;

(2) a justification of the budget request of the previous year;

(3) a list of the significant rules and orders adopted by the

Bureau, as well as other significant initiatives conducted by

the Bureau, during the preceding year and the plan of the Bu-

reau for rules, orders, or other initiatives to be undertaken

during the upcoming period;

(4) an analysis of complaints about consumer financial prod-

ucts or services that the Bureau has received and collected in

its central database on complaints during the preceding year;

(5) a list, with a brief statement of the issues, of the public

supervisory and enforcement actions to which the Bureau was

a party during the preceding year;

(6) the actions taken regarding rules, orders, and supervisory

actions with respect to covered persons which are not credit

unions or depository institutions;

(7) an assessment of significant actions by State attorneys

general or State regulators relating to Federal consumer finan-

cial law;

(8) an analysis of the efforts of the Bureau to fulfill the fair

lending mission of the Bureau; and

(9) an analysis of the efforts of the Bureau to increase work-

force and contracting diversity consistent with the procedures

established by the Office of Minority and Women Inclusion.

* * * * * * *

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SEC. 1017. FUNDING; PENALTIES AND FINES.

(a) øT

RANSFER OF

UNDS

ROM

OARD

OVERNORS

.—¿ B

UDG

, F

INANCIAL

ANAGEMENT

AND

UDIT

.—

ø(1) I

N GENERAL

.—Each year (or quarter of such year), begin-

ning on the designated transfer date, and each quarter there-

after, the Board of Governors shall transfer to the Bureau from

the combined earnings of the Federal Reserve System, the

amount determined by the Director to be reasonably necessary

to carry out the authorities of the Bureau under Federal con-

sumer financial law, taking into account such other sums made

available to the Bureau from the preceding year (or quarter of

such year).

ø(2) F

UNDING CAP

.—

ø(A) I

N GENERAL

.—Notwithstanding paragraph (1), and

in accordance with this paragraph, the amount that shall

be transferred to the Bureau in each fiscal year shall not

exceed a fixed percentage of the total operating expenses

of the Federal Reserve System, as reported in the Annual

Report, 2009, of the Board of Governors, equal to—

ø(i) 10 percent of such expenses in fiscal year 2011;

ø(ii) 11 percent of such expenses in fiscal year 2012;

and

ø(iii) 12 percent of such expenses in fiscal year 2013,

and in each year thereafter.

ø(B) A

DJUSTMENT OF AMOUNT

.—The dollar amount re-

ferred to in subparagraph (A)(iii) shall be adjusted annu-

ally, using the percent increase, if any, in the employment

cost index for total compensation for State and local gov-

ernment workers published by the Federal Government, or

the successor index thereto, for the 12-month period end-

ing on September 30 of the year preceding the transfer.

ø(C) R

EVIEWABILITY

.—Notwithstanding any other provi-

sion in this title, the funds derived from the Federal Re-

serve System pursuant to this subsection shall not be sub-

ject to review by the Committees on Appropriations of the

House of Representatives and the Senate.

ø(3) T

RANSITION PERIOD

.—Beginning on the date of enact-

ment of this Act and until the designated transfer date, the

Board of Governors shall transfer to the Bureau the amount

estimated by the Secretary needed to carry out the authorities

granted to the Bureau under Federal consumer financial law,

from the date of enactment of this Act until the designated

transfer date.¿

ø(4)¿ (1) B

UDGET AND FINANCIAL MANAGEMENT

.—

(A) F

INANCIAL OPERATING PLANS AND FORECASTS

.—The

øDirector¿ Bureau shall provide to the Director of the Of-

fice of Management and Budget copies of the financial op-

erating plans and forecasts of the øDirector¿ Bureau, as

prepared by the øDirector¿ Bureau in the ordinary course

of the operations of the Bureau, and copies of the quarterly

reports of the financial condition and results of operations

of the Bureau, as prepared by the øDirector¿ Bureau in

the ordinary course of the operations of the Bureau.

(B) F

INANCIAL STATEMENTS

.—The Bureau shall prepare

annually a statement of—

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171

(i) assets and liabilities and surplus or deficit;

(ii) income and expenses; and

(iii) sources and application of funds.

INANCIAL MANAGEMENT SYSTEMS

.—The Bureau

shall implement and maintain financial management sys-

tems that comply substantially with Federal financial

management systems requirements and applicable Federal

accounting standards.

(D) A

SSERTION OF INTERNAL CONTROLS

.—The øDirector¿

Bureau shall provide to the Comptroller General of the

United States an assertion as to the effectiveness of the in-

ternal controls that apply to financial reporting by the Bu-

reau, using the standards established in section 3512(c) of

title 31, United States Code.

ø(E) R

ULE OF CONSTRUCTION

.—This subsection may not

be construed as implying any obligation on the part of the

Director to consult with or obtain the consent or approval

of the Director of the Office of Management and Budget

with respect to any report, plan, forecast, or other informa-

tion referred to in subparagraph (A) or any jurisdiction or

oversight over the affairs or operations of the Bureau.

ø(F) F

INANCIAL STATEMENTS

.—The financial statements

of the Bureau shall not be consolidated with the financial

statements of either the Board of Governors or the Federal

Reserve System.¿

ø(5)¿ (2) A

UDIT OF THE BUREAU

.—

(A) I

N GENERAL

.—The Comptroller General shall annu-

ally audit the financial transactions of the Bureau in ac-

cordance with the United States generally accepted gov-

ernment auditing standards, as may be prescribed by the

Comptroller General of the United States. The audit shall

be conducted at the place or places where accounts of the

Bureau are normally kept. The representatives of the Gov-

ernment Accountability Office shall have access to the per-

sonnel and to all books, accounts, documents, papers,

records (including electronic records), reports, files, and all

other papers, automated data, things, or property belong-

ing to or under the control of or used or employed by the

Bureau pertaining to its financial transactions and nec-

essary to facilitate the audit, and such representatives

shall be afforded full facilities for verifying transactions

with the balances or securities held by depositories, fiscal

agents, and custodians. All such books, accounts, docu-

ments, records, reports, files, papers, and property of the

Bureau shall remain in possession and custody of the Bu-

reau. The Comptroller General may obtain and duplicate

any such books, accounts, documents, records, working pa-

pers, automated data and files, or other information rel-

evant to such audit without cost to the Comptroller Gen-

eral, and the right of access of the Comptroller General to

such information shall be enforceable pursuant to section

716(c) of title 31, United States Code.

(B) R

EPORT

.—The Comptroller General shall submit to

the Congress a report of each annual audit conducted

under this subsection. The report to the Congress shall set

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forth the scope of the audit and shall include the state-

ment of assets and liabilities and surplus or deficit, the

statement of income and expenses, the statement of

sources and application of funds, and such comments and

information as may be deemed necessary to inform Con-

gress of the financial operations and condition of the Bu-

reau, together with such recommendations with respect

thereto as the Comptroller General may deem advisable. A

copy of each report shall be furnished to the President and

to the Bureau at the time submitted to the Congress.

SSISTANCE AND COSTS

.—For the purpose of con-

ducting an audit under this subsection, the Comptroller

General may, in the discretion of the Comptroller General,

employ by contract, without regard to section 3709 of the

Revised Statutes of the United States (41 U.S.C. 5), profes-

sional services of firms and organizations of certified pub-

lic accountants for temporary periods or for special pur-

poses. Upon the request of the Comptroller General, the

øDirector of the Bureau¿ Bureau shall transfer to the Gov-

ernment Accountability Office from funds available, the

amount requested by the Comptroller General to cover the

full costs of any audit and report conducted by the Comp-

troller General. The Comptroller General shall credit funds

transferred to the account established for salaries and ex-

penses of the Government Accountability Office, and such

amount shall be available upon receipt and without fiscal

year limitation to cover the full costs of the audit and re-

port.

ø(b) C

ONSUMER

INANCIAL

ROTECTION

UND

.—

ø(1) S

EPARATE FUND IN FEDERAL RESERVE ESTABLISHED

.—

There is established in the Federal Reserve a separate fund, to

be known as the ‘‘Bureau of Consumer Financial Protection

Fund’’ (referred to in this section as the ‘‘Bureau Fund’’). The

Bureau Fund shall be maintained and established at a Federal

reserve bank, in accordance with such requirements as the

Board of Governors may impose.

ø(2) F

UND RECEIPTS

.—All amounts transferred to the Bureau

under subsection (a) shall be deposited into the Bureau Fund.

ø(3) I

NVESTMENT AUTHORITY

.—

ø(A) A

MOUNTS IN BUREAU FUND MAY BE INVESTED

.—The

Bureau may request the Board of Governors to direct the

investment of the portion of the Bureau Fund that is not,

in the judgment of the Bureau, required to meet the cur-

rent needs of the Bureau.

ø(B) E

LIGIBLE INVESTMENTS

.—Investments authorized by

this paragraph shall be made in obligations of the United

States or obligations that are guaranteed as to principal

and interest by the United States, with maturities suitable

to the needs of the Bureau Fund, as determined by the Bu-

reau.

ø(C) I

NTEREST AND PROCEEDS CREDITED

.—The interest

on, and the proceeds from the sale or redemption of, any

obligations held in the Bureau Fund shall be credited to

the Bureau Fund.

ø(c) U

SE OF

UNDS

.—

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ø(1) I

N GENERAL

.—Funds obtained by, transferred to, or

credited to the Bureau Fund shall be immediately available to

the Bureau and under the control of the Director, and shall re-

main available until expended, to pay the expenses of the Bu-

reau in carrying out its duties and responsibilities. The com-

pensation of the Director and other employees of the Bureau

and all other expenses thereof may be paid from, obtained by,

transferred to, or credited to the Bureau Fund under this sec-

tion.

ø(2) F

UNDS THAT ARE NOT GOVERNMENT FUNDS

.—Funds ob-

tained by or transferred to the Bureau Fund shall not be con-

strued to be Government funds or appropriated monies.

ø(3) A

MOUNTS NOT SUBJECT TO APPORTIONMENT

.—Notwith-

standing any other provision of law, amounts in the Bureau

Fund and in the Civil Penalty Fund established under sub-

section (d) shall not be subject to apportionment for purposes

of chapter 15 of title 31, United States Code, or under any

other authority.¿

ø(d)¿ (b) P

ENALTIES AND

INES

.—

(1) E

STABLISHMENT OF VICTIMS RELIEF FUND

.—There is es-

tablished in the Federal Reserve a separate fund, to be known

as the ‘‘Consumer Financial Civil Penalty Fund’’ (referred to in

this section as the ‘‘Civil Penalty Fund’’). The Civil Penalty

Fund shall be maintained and established at a Federal reserve

bank, in accordance with such requirements as the Board of

Governors may impose. If the Bureau obtains a civil penalty

against any person in any judicial or administrative action

under Federal consumer financial laws, the Bureau shall de-

posit into the Civil Penalty Fund, the amount of the penalty

collected.

(2) P

AYMENT TO VICTIMS

.—Amounts in the Civil Penalty

Fund shall be available to the Bureau, without fiscal year limi-

tation, for payments to the victims of activities for which civil

penalties have been imposed under the Federal consumer fi-

nancial laws. To the extent that such victims cannot be located

or such payments are otherwise not practicable, the Bureau

may use such funds for the purpose of consumer education and

financial literacy programs.

ø(e)¿ (c) A

UTHORIZATION OF

PPROPRIATIONS

; A

NNUAL

EPORT

.—

ø(1) D

ETERMINATION REGARDING NEED FOR APPROPRIATED

FUNDS

.—

ø(A) I

N GENERAL

.—The Director is authorized to deter-

mine that sums available to the Bureau under this section

will not be sufficient to carry out the authorities of the Bu-

reau under Federal consumer financial law for the upcom-

ing year.

ø(B) R

EPORT REQUIRED

.—When making a determination

under subparagraph (A), the Director shall prepare a re-

port regarding the funding of the Bureau, including the as-

sets and liabilities of the Bureau, and the extent to which

the funding needs of the Bureau are anticipated to exceed

the level of the amount set forth in subsection (a)(2). The

Director shall submit the report to the President and to

the Committee on Appropriations of the Senate and the

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Committee on Appropriations of the House of Representa-

tives.

ø(2) A

UTHORIZATION OF APPROPRIATIONS

.—If the Director

makes the determination and submits the report pursuant to

paragraph (1), there are hereby authorized to be appropriated

to the Bureau, for the purposes of carrying out the authorities

granted in Federal consumer financial law, $200,000,000 for

each of fiscal years 2010, 2011, 2012, 2013, and 2014.

ø(3) A

PPORTIONMENT

.—Notwithstanding any other provision

of law, the amounts in paragraph (2) shall be subject to appor-

tionment under section 1517 of title 31, United States Code,

and restrictions that generally apply to the use of appropriated

funds in title 31, United States Code, and other laws.¿

(1) A

UTHORIZATION OF APPROPRIATIONS

.—There is authorized

to be appropriated to the Bureau $650,000,000 for fiscal year

2024 to carry out the authorities of the Bureau.

ø(4)¿ (2) A

NNUAL REPORT

.—The øDirector¿ Bureau shall pre-

pare and submit a report, on an annual basis, to the Com-

mittee on Appropriations of the Senate and the Committee on

Appropriations of the House of Representatives regarding the

financial operating plans and forecasts of the øDirector¿ Bu-

reau, the financial condition and results of operations of the

Bureau, and the sources and application of funds of the Bu-

reau, including any funds appropriated in accordance with this

subsection.

* * * * * * *

Subtitle B—General Powers of the Bureau

* * * * * * *

SEC. 1022. RULEMAKING AUTHORITY.

(a) I

ENERAL

.—The Bureau is authorized to exercise its au-

thorities under Federal consumer financial law to administer, en-

force, and otherwise implement the provisions of Federal consumer

financial law.

(b) R

ULEMAKING

, O

RDERS

AND

UIDANCE

.—

(1) G

ENERAL AUTHORITY

.—The øDirector¿ Bureau may pre-

scribe rules and issue orders and guidance, as may be nec-

essary or appropriate to enable the Bureau to administer and

carry out the purposes and objectives of the Federal consumer

financial laws, and to prevent evasions thereof.

(2) S

TANDARDS FOR RULEMAKING

.—In prescribing a rule

under the Federal consumer financial laws—

(A) the Bureau shall consider—

(i) the potential benefits and costs to consumers and

covered persons, including the potential reduction of

access by consumers to consumer financial products or

services resulting from such rule; and

(ii) the impact of proposed rules on covered persons,

as described in section 1026, and the impact on con-

sumers in rural areas;

(B) the Bureau shall consult with the appropriate pru-

dential regulators or other Federal agencies prior to pro-

posing a rule and during the comment process regarding

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consistency with prudential, market, or systemic objectives

administered by such agencies; and

paragraph (B), a prudential regulator provides the Bureau

with a written objection to the proposed rule of the Bureau

or a portion thereof, the Bureau shall include in the adopt-

ing release a description of the objection and the basis for

the Bureau decision, if any, regarding such objection, ex-

cept that nothing in this clause shall be construed as alter-

ing or limiting the procedures under section 1023 that may

apply to any rule prescribed by the Bureau.

(3) E

XEMPTIONS

.—

(A) I

N GENERAL

.—The Bureau, by rule, may condi-

tionally or unconditionally exempt any class of covered

persons, service providers, or consumer financial products

or services, from any provision of this title, or from any

rule issued under this title, as the Bureau determines nec-

essary or appropriate to carry out the purposes and objec-

tives of this title, taking into consideration the factors in

subparagraph (B).

(B) F

ACTORS

.—In issuing an exemption, as permitted

under subparagraph (A), the Bureau shall, as appropriate,

take into consideration—

(i) the total assets of the class of covered persons;

(ii) the volume of transactions involving consumer fi-

nancial products or services in which the class of cov-

ered persons engages; and

(iii) existing provisions of law which are applicable

to the consumer financial product or service and the

extent to which such provisions provide consumers

with adequate protections.

(4) E

XCLUSIVE RULEMAKING AUTHORITY

.—

(A) I

N GENERAL

.—Notwithstanding any other provisions

of Federal law and except as provided in section

1061(b)(5), to the extent that a provision of Federal con-

sumer financial law authorizes the Bureau and another

Federal agency to issue regulations under that provision of

law for purposes of assuring compliance with Federal con-

sumer financial law and any regulations thereunder, the

Bureau shall have the exclusive authority to prescribe

rules subject to those provisions of law.

(B) D

EFERENCE

.—Notwithstanding any power granted to

any Federal agency or to the Council under this title, and

subject to section 1061(b)(5)(E), the deference that a court

affords to the Bureau with respect to a determination by

the Bureau regarding the meaning or interpretation of any

provision of a Federal consumer financial law shall be ap-

plied as if the Bureau were the only agency authorized to

apply, enforce, interpret, or administer the provisions of

such Federal consumer financial law.

ONITORING

.—

(1) I

N GENERAL

.—In order to support its rulemaking and

other functions, the Bureau shall monitor for risks to con-

sumers in the offering or provision of consumer financial prod-

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ucts or services, including developments in markets for such

products or services.

(2) C

ONSIDERATIONS

.—In allocating its resources to perform

the monitoring required by this section, the Bureau may con-

sider, among other factors—

(A) likely risks and costs to consumers associated with

buying or using a type of consumer financial product or

service;

(B) understanding by consumers of the risks of a type of

consumer financial product or service;

vision of a consumer financial product or service, including

the extent to which the law is likely to adequately protect

consumers;

(D) rates of growth in the offering or provision of a con-

sumer financial product or service;

(E) the extent, if any, to which the risks of a consumer

financial product or service may disproportionately affect

traditionally underserved consumers; or

(F) the types, number, and other pertinent characteris-

tics of covered persons that offer or provide the consumer

financial product or service.

(3) S

IGNIFICANT FINDINGS

.—

(A) I

N GENERAL

.—The Bureau shall publish not fewer

than 1 report of significant findings of its monitoring re-

quired by this subsection in each calendar year, beginning

with the first calendar year that begins at least 1 year

after the designated transfer date.

(B) C

ONFIDENTIAL INFORMATION

.—The Bureau may

make public such information obtained by the Bureau

under this section as is in the public interest, through ag-

gregated reports or other appropriate formats designed to

protect confidential information in accordance with para-

graphs (4), (6), (8), and (9).

(4) C

OLLECTION OF INFORMATION

.—

(A) I

N GENERAL

.—In conducting any monitoring or as-

sessment required by this section, the Bureau shall have

the authority to gather information from time to time re-

garding the organization, business conduct, markets, and

activities of covered persons and service providers.

(B) M

ETHODOLOGY

.—In order to gather information de-

scribed in subparagraph (A), the Bureau may—

(i) gather and compile information from a variety of

sources, including examination reports concerning cov-

ered persons or service providers, consumer com-

plaints, voluntary surveys and voluntary interviews of

consumers, surveys and interviews with covered per-

sons and service providers, and review of available

databases; and

(ii) require covered persons and service providers

participating in consumer financial services markets

to file with the Bureau, under oath or otherwise, in

such form and within such reasonable period of time

as the Bureau may prescribe by rule or order, annual

or special reports, or answers in writing to specific

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questions, furnishing information described in para-

graph (4), as necessary for the Bureau to fulfill the

monitoring, assessment, and reporting responsibilities

imposed by Congress.

IMITATION

.—The Bureau may not use its authori-

ties under this paragraph to obtain records from covered

persons and service providers participating in consumer fi-

nancial services markets for purposes of gathering or ana-

lyzing the personally identifiable financial information of

consumers.

(5) L

IMITED INFORMATION GATHERING

.—In order to assess

whether a nondepository is a covered person, as defined in sec-

tion 1002, the Bureau may require such nondepository to file

with the Bureau, under oath or otherwise, in such form and

within such reasonable period of time as the Bureau may pre-

scribe by rule or order, annual or special reports, or answers

in writing to specific questions.

(6) C

ONFIDENTIALITY RULES

.—

(A) R

ULEMAKING

.—The Bureau shall prescribe rules re-

garding the confidential treatment of information obtained

from persons in connection with the exercise of its authori-

ties under Federal consumer financial law.

(B) A

CCESS BY THE BUREAU TO REPORTS OF OTHER REGU

LATORS

.—

(i) E

XAMINATION AND FINANCIAL CONDITION RE

PORTS

.—Upon providing reasonable assurances of con-

fidentiality, the Bureau shall have access to any report

of examination or financial condition made by a pru-

dential regulator or other Federal agency having juris-

diction over a covered person or service provider, and

to all revisions made to any such report.

(ii) P

ROVISION OF OTHER REPORTS TO THE BUREAU

.—

In addition to the reports described in clause (i), a

prudential regulator or other Federal agency having

jurisdiction over a covered person or service provider

may, in its discretion, furnish to the Bureau any other

report or other confidential supervisory information

concerning any insured depository institution, credit

union, or other entity examined by such agency under

authority of any provision of Federal law.

CCESS BY OTHER REGULATORS TO REPORTS OF THE

BUREAU

.—

(i) E

XAMINATION REPORTS

.—Upon providing reason-

able assurances of confidentiality, a prudential regu-

lator, a State regulator, or any other Federal agency

having jurisdiction over a covered person or service

provider shall have access to any report of examina-

tion made by the Bureau with respect to such person,

and to all revisions made to any such report.

(ii) P

ROVISION OF OTHER REPORTS TO OTHER REGU

LATORS

.—In addition to the reports described in clause

(i), the Bureau may, in its discretion, furnish to a pru-

dential regulator or other agency having jurisdiction

over a covered person or service provider any other re-

port or other confidential supervisory information con-

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cerning such person examined by the Bureau under

the authority of any other provision of Federal law.

(7) R

EGISTRATION

.—

(A) I

N GENERAL

.—The Bureau may prescribe rules re-

garding registration requirements applicable to a covered

person, other than an insured depository institution, in-

sured credit union, or related person.

(B) R

EGISTRATION INFORMATION

.—Subject to rules pre-

scribed by the Bureau, the Bureau may publicly disclose

registration information to facilitate the ability of con-

sumers to identify covered persons that are registered with

the Bureau.

ONSULTATION WITH STATE AGENCIES

.—In developing

and implementing registration requirements under this

paragraph, the Bureau shall consult with State agencies

regarding requirements or systems (including coordinated

or combined systems for registration), where appropriate.

(8) P

RIVACY CONSIDERATIONS

.—In collecting information from

any person, publicly releasing information held by the Bureau,

or requiring covered persons to publicly report information, the

Bureau shall take steps to ensure that proprietary, personal,

or confidential consumer information that is protected from

public disclosure under section 552(b) or 552a of title 5, United

States Code, or any other provision of law, is not made public

under this title.

(9) C

ONSUMER PRIVACY

.—

(A) I

N GENERAL

.—The Bureau may not obtain from a

covered person or service provider any personally identifi-

able financial information about a consumer from the fi-

nancial records of the covered person or service provider,

except—

(i) if the financial records are reasonably described

in a request by the Bureau and the consumer provides

written permission for the disclosure of such informa-

tion by the covered person or service provider to the

Bureau; or

(ii) as may be specifically permitted or required

under other applicable provisions of law and in accord-

ance with the Right to Financial Privacy Act of 1978

(12 U.S.C. 3401 et seq.).

(B) T

REATMENT OF COVERED PERSON OR SERVICE PRO

VIDER

.—With respect to the application of any provision of

the Right to Financial Privacy Act of 1978, to a disclosure

by a covered person or service provider subject to this sub-

section, the covered person or service provider shall be

treated as if it were a ‘‘financial institution’’, as defined in

section 1101 of that Act (12 U.S.C. 3401).

(d) A

SSESSMENT OF

IGNIFICANT

ULES

.—

(1) I

N GENERAL

.—The Bureau shall conduct an assessment of

each significant rule or order adopted by the Bureau under

Federal consumer financial law. The assessment shall address,

among other relevant factors, the effectiveness of the rule or

order in meeting the purposes and objectives of this title and

the specific goals stated by the Bureau. The assessment shall

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reflect available evidence and any data that the Bureau rea-

sonably may collect.

(2) R

EPORTS

.—The Bureau shall publish a report of its as-

sessment under this subsection not later than 5 years after the

effective date of the subject rule or order.

(3) P

UBLIC COMMENT REQUIRED

.—Before publishing a report

of its assessment, the Bureau shall invite public comment on

recommendations for modifying, expanding, or eliminating the

newly adopted significant rule or order.

* * * * * * *

SEC. 1024. SUPERVISION OF NONDEPOSITORY COVERED PERSONS.

(a) S

COPE OF

OVERAGE

.—

(1) A

PPLICABILITY

.—Notwithstanding any other provision of

this title, and except as provided in paragraph (3), this section

shall apply to any covered person who—

(A) offers or provides origination, brokerage, or servicing

of loans secured by real estate for use by consumers pri-

marily for personal, family, or household purposes, or loan

modification or foreclosure relief services in connection

with such loans;

(B) is a larger participant of a market for other con-

sumer financial products or services, as defined by rule in

accordance with paragraph (2);

order, after notice to the covered person and a reasonable

opportunity for such covered person to respond, based on

complaints collected through the system under section

1013(b)(3) or information from other sources, that such

covered person is engaging, or has engaged, in conduct

that poses risks to consumers with regard to the offering

or provision of consumer financial products or services;

(D) offers or provides to a consumer any private edu-

cation loan, as defined in section 140 of the Truth in Lend-

ing Act (15 U.S.C. 1650), notwithstanding section

1027(a)(2)(A) and subject to section 1027(a)(2)(C); or

(E) offers or provides to a consumer a payday loan.

(2) R

ULEMAKING TO DEFINE COVERED PERSONS SUBJECT TO

THIS SECTION

.—The Bureau shall consult with the Federal

Trade Commission prior to issuing a rule, in accordance with

paragraph (1)(B), to define covered persons subject to this sec-

tion. The Bureau shall issue its initial rule not later than 1

year after the designated transfer date.

(3) R

ULES OF CONSTRUCTION

.—

(A) C

ERTAIN PERSONS EXCLUDED

.—This section shall not

apply to persons described in section 1025(a) or 1026(a).

(B) A

CTIVITY LEVELS

.—For purposes of computing activ-

ity levels under paragraph (1) or rules issued thereunder,

activities of affiliated companies (other than insured de-

pository institutions or insured credit unions) shall be ag-

gregated.

(b) S

UPERVISION

.—

(1) I

N GENERAL

.—The Bureau shall require reports and con-

duct examinations on a periodic basis of persons described in

subsection (a)(1) for purposes of—

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(A) assessing compliance with the requirements of Fed-

eral consumer financial law;

(B) obtaining information about the activities and com-

pliance systems or procedures of such person; and

markets for consumer financial products and services.

(2) R

ISK

BASED SUPERVISION PROGRAM

.—The Bureau shall

exercise its authority under paragraph (1) in a manner de-

signed to ensure that such exercise, with respect to persons de-

scribed in subsection (a)(1), is based on the assessment by the

Bureau of the risks posed to consumers in the relevant product

markets and geographic markets, and taking into consider-

ation, as applicable—

(A) the asset size of the covered person;

(B) the volume of transactions involving consumer finan-

cial products or services in which the covered person en-

gages;

such consumer financial products or services;

(D) the extent to which such institutions are subject to

oversight by State authorities for consumer protection; and

(E) any other factors that the Bureau determines to be

relevant to a class of covered persons.

(3) C

OORDINATION

.—To minimize regulatory burden, the Bu-

reau shall coordinate its supervisory activities with the super-

visory activities conducted by prudential regulators, the State

bank regulatory authorities, and the State agencies that

licence, supervise, or examine the offering of consumer finan-

cial products or services, including establishing their respective

schedules for examining persons described in subsection (a)(1)

and requirements regarding reports to be submitted by such

persons. The sharing of information with such regulators, au-

thorities, and agencies shall not be construed as waiving, de-

stroying, or otherwise affecting any privilege or confidentiality

such person may claim with respect to such information under

Federal or State law as to any person or entity other than such

Bureau, agency, supervisor, or authority.

(4) U

SE OF EXISTING REPORTS

.—The Bureau shall, to the full-

est extent possible, use—

(A) reports pertaining to persons described in subsection

(a)(1) that have been provided or required to have been

provided to a Federal or State agency; and

(B) information that has been reported publicly.

(5) P

RESERVATION OF AUTHORITY

.—Nothing in this title may

be construed as limiting the authority of the øDirector¿ Bureau

to require reports from persons described in subsection (a)(1),

as permitted under paragraph (1), regarding information

owned or under the control of such person, regardless of

whether such information is maintained, stored, or processed

by another person.

(6) R

EPORTS OF TAX LAW NONCOMPLIANCE

.—The Bureau shall

provide the Commissioner of Internal Revenue with any report

of examination or related information identifying possible tax

law noncompliance.

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(7) R

EGISTRATION

RECORDKEEPING AND OTHER REQUIRE

MENTS FOR CERTAIN PERSONS

.—

(A) I

N GENERAL

.—The Bureau shall prescribe rules to fa-

cilitate supervision of persons described in subsection

(a)(1) and assessment and detection of risks to consumers.

(B) R

ECORDKEEPING

.—The Bureau may require a person

described in subsection (a)(1), to generate, provide, or re-

tain records for the purposes of facilitating supervision of

such persons and assessing and detecting risks to con-

sumers.

EQUIREMENTS CONCERNING OBLIGATIONS

.—The Bu-

reau may prescribe rules regarding a person described in

subsection (a)(1), to ensure that such persons are legiti-

mate entities and are able to perform their obligations to

consumers. Such requirements may include background

checks for principals, officers, directors, or key personnel

and bonding or other appropriate financial requirements.

(D) C

ONSULTATION WITH STATE AGENCIES

.—In developing

and implementing requirements under this paragraph, the

Bureau shall consult with State agencies regarding re-

quirements or systems (including coordinated or combined

systems for registration), where appropriate.

NFORCEMENT

UTHORITY

.—

(1) T

HE BUREAU TO HAVE ENFORCEMENT AUTHORITY

.—Except

as provided in paragraph (3) and section 1061, with respect to

any person described in subsection (a)(1), to the extent that

Federal law authorizes the Bureau and another Federal agency

to enforce Federal consumer financial law, the Bureau shall

have exclusive authority to enforce that Federal consumer fi-

nancial law.

(2) R

EFERRAL

.—Any Federal agency authorized to enforce a

Federal consumer financial law described in paragraph (1) may

recommend in writing to the Bureau that the Bureau initiate

an enforcement proceeding, as the Bureau is authorized by

that Federal law or by this title.

(3) C

OORDINATION WITH THE FEDERAL TRADE COMMISSION

.—

(A) I

N GENERAL

.—The Bureau and the Federal Trade

Commission shall negotiate an agreement for coordinating

with respect to enforcement actions by each agency regard-

ing the offering or provision of consumer financial products

or services by any covered person that is described in sub-

section (a)(1), or service providers thereto. The agreement

shall include procedures for notice to the other agency,

where feasible, prior to initiating a civil action to enforce

any Federal law regarding the offering or provision of con-

sumer financial products or services.

(B) C

IVIL ACTIONS

.—Whenever a civil action has been

filed by, or on behalf of, the Bureau or the Federal Trade

Commission for any violation of any provision of Federal

law described in subparagraph (A), or any regulation pre-

scribed under such provision of law—

(i) the other agency may not, during the pendency of

that action, institute a civil action under such provi-

sion of law against any defendant named in the com-

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plaint in such pending action for any violation alleged

in the complaint; and

(ii) the Bureau or the Federal Trade Commission

may intervene as a party in any such action brought

by the other agency, and, upon intervening—

(I) be heard on all matters arising in such en-

forcement action; and

(II) file petitions for appeal in such actions.

GREEMENT TERMS

.—The terms of any agreement

negotiated under subparagraph (A) may modify or super-

sede the provisions of subparagraph (B).

(D) D

EADLINE

.—The agencies shall reach the agreement

required under subparagraph (A) not later than 6 months

after the designated transfer date.

(d) E

XCLUSIVE

ULEMAKING AND

XAMINATION

UTHORITY

.—Not-

withstanding any other provision of Federal law and except as pro-

vided in section 1061, to the extent that Federal law authorizes the

Bureau and another Federal agency to issue regulations or guid-

ance, conduct examinations, or require reports from a person de-

scribed in subsection (a)(1) under such law for purposes of assuring

compliance with Federal consumer financial law and any regula-

tions thereunder, the Bureau shall have the exclusive authority to

prescribe rules, issue guidance, conduct examinations, require re-

ports, or issue exemptions with regard to a person described in sub-

section (a)(1), subject to those provisions of law.

(e) S

ERVICE

ROVIDERS

.—A service provider to a person described

in subsection (a)(1) shall be subject to the authority of the Bureau

under this section, to the same extent as if such service provider

were engaged in a service relationship with a bank, and the Bu-

reau were an appropriate Federal banking agency under section

7(c) of the Bank Service Company Act (12 U.S.C. 1867(c)). In con-

ducting any examination or requiring any report from a service

provider subject to this subsection, the Bureau shall coordinate

with the appropriate prudential regulator, as applicable.

(f) P

RESERVATION OF

ARM

REDIT

DMINISTRATION

UTHOR

ITY

.—No provision of this title may be construed as modifying, lim-

iting, or otherwise affecting the authority of the Farm Credit Ad-

ministration.

SEC. 1025. SUPERVISION OF VERY LARGE BANKS, SAVINGS ASSOCIA-

TIONS, AND CREDIT UNIONS.

(a) S

COPE OF

OVERAGE

.—This section shall apply to any covered

person that is—

(1) an insured depository institution with total assets of

more than $10,000,000,000 and any affiliate thereof; or

(2) an insured credit union with total assets of more than

$10,000,000,000 and any affiliate thereof.

(b) S

UPERVISION

.—

(1) I

N GENERAL

.—The Bureau shall have exclusive authority

to require reports and conduct examinations on a periodic basis

of persons described in subsection (a) for purposes of—

(A) assessing compliance with the requirements of Fed-

eral consumer financial laws;

(B) obtaining information about the activities subject to

such laws and the associated compliance systems or proce-

dures of such persons; and

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sumers and to markets for consumer financial products

and services.

(2) C

OORDINATION

.—To minimize regulatory burden, the Bu-

reau shall coordinate its supervisory activities with the super-

visory activities conducted by prudential regulators and the

State bank regulatory authorities, including consultation re-

garding their respective schedules for examining such persons

described in subsection (a) and requirements regarding reports

to be submitted by such persons.

(3) U

SE OF EXISTING REPORTS

.—The Bureau shall, to the full-

est extent possible, use—

(A) reports pertaining to a person described in sub-

section (a) that have been provided or required to have

been provided to a Federal or State agency; and

(B) information that has been reported publicly.

(4) P

RESERVATION OF AUTHORITY

.—Nothing in this title may

be construed as limiting the authority of the øDirector¿ Bureau

to require reports from a person described in subsection (a), as

permitted under paragraph (1), regarding information owned

or under the control of such person, regardless of whether such

information is maintained, stored, or processed by another per-

son.

(5) R

EPORTS OF TAX LAW NONCOMPLIANCE

.—The Bureau shall

provide the Commissioner of Internal Revenue with any report

of examination or related information identifying possible tax

law noncompliance.

RIMARY

NFORCEMENT

UTHORITY

.—

(1) T

HE BUREAU TO HAVE PRIMARY ENFORCEMENT AUTHOR

ITY

.—To the extent that the Bureau and another Federal agen-

cy are authorized to enforce a Federal consumer financial law,

the Bureau shall have primary authority to enforce that Fed-

eral consumer financial law with respect to any person de-

scribed in subsection (a).

(2) R

EFERRAL

.—Any Federal agency, other than the Federal

Trade Commission, that is authorized to enforce a Federal con-

sumer financial law may recommend, in writing, to the Bureau

that the Bureau initiate an enforcement proceeding with re-

spect to a person described in subsection (a), as the Bureau is

authorized to do by that Federal consumer financial law.

(3) B

ACKUP ENFORCEMENT AUTHORITY OF OTHER FEDERAL

AGENCY

.—If the Bureau does not, before the end of the 120-day

period beginning on the date on which the Bureau receives a

recommendation under paragraph (2), initiate an enforcement

proceeding, the other agency referred to in paragraph (2) may

initiate an enforcement proceeding, including performing follow

up supervisory and support functions incidental thereto, to as-

sure compliance with such proceeding.

(d) S

ERVICE

ROVIDERS

.—A service provider to a person described

in subsection (a) shall be subject to the authority of the Bureau

under this section, to the same extent as if the Bureau were an ap-

propriate Federal banking agency under section 7(c) of the Bank

Service Company Act 12 U.S.C. 1867(c). In conducting any exam-

ination or requiring any report from a service provider subject to

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184

this subsection, the Bureau shall coordinate with the appropriate

prudential regulator.

(e) S

IMULTANEOUS AND

OORDINATED

UPERVISORY

CTION

.—

(1) E

XAMINATIONS

.—A prudential regulator and the Bureau

shall, with respect to each insured depository institution, in-

sured credit union, or other covered person described in sub-

section (a) that is supervised by the prudential regulator and

the Bureau, respectively—

(A) coordinate the scheduling of examinations of the in-

sured depository institution, insured credit union, or other

covered person described in subsection (a);

(B) conduct simultaneous examinations of each insured

depository institution or insured credit union, unless such

institution requests examinations to be conducted sepa-

rately;

other agency and permit the receiving agency a reasonable

opportunity (which shall not be less than a period of 30

days after the date of receipt) to comment on the draft re-

port before such report is made final; and

(D) prior to issuing a final report of examination or tak-

ing supervisory action, take into consideration concerns, if

any, raised in the comments made by the other agency.

(2) C

OORDINATION WITH STATE BANK SUPERVISORS

.—The Bu-

reau shall pursue arrangements and agreements with State

bank supervisors to coordinate examinations, consistent with

paragraph (1).

(3) A

VOIDANCE OF CONFLICT IN SUPERVISION

.—

(A) R

EQUEST

.—If the proposed supervisory determina-

tions of the Bureau and a prudential regulator (in this sec-

tion referred to collectively as the ‘‘agencies’’) are con-

flicting, an insured depository institution, insured credit

union, or other covered person described in subsection (a)

may request the agencies to coordinate and present a joint

statement of coordinated supervisory action.

(B) J

OINT STATEMENT

.—The agencies shall provide a

joint statement under subparagraph (A), not later than 30

days after the date of receipt of the request of the insured

depository institution, credit union, or covered person de-

scribed in subsection (a).

(4) A

PPEALS TO GOVERNING PANEL

.—

(A) I

N GENERAL

.—If the agencies do not resolve the con-

flict or issue a joint statement required by subparagraph

(B), or if either of the agencies takes or attempts to take

any supervisory action relating to the request for the joint

statement without the consent of the other agency, an in-

sured depository institution, insured credit union, or other

covered person described in subsection (a) may institute an

appeal to a governing panel, as provided in this subsection,

not later than 30 days after the expiration of the period

during which a joint statement is required to be filed

under paragraph (3)(B).

(B) C

OMPOSITION OF GOVERNING PANEL

.—The governing

panel for an appeal under this paragraph shall be com-

posed of—

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(i) a representative from the Bureau and a rep-

resentative of the prudential regulator, both of

whom—

(I) have not participated in the material super-

visory determinations under appeal; and

(II) do not directly or indirectly report to the

person who participated materially in the super-

visory determinations under appeal; and

(ii) one individual representative, to be determined

on a rotating basis, from among the Board of Gov-

ernors, the Corporation, the National Credit Union

Administration, and the Office of the Comptroller of

the Currency, other than any agency involved in the

subject dispute.

ONDUCT OF APPEAL

.—In an appeal under this para-

graph—

(i) the insured depository institution, insured credit

union, or other covered person described in subsection

(a)—

(I) shall include in its appeal all the facts and

legal arguments pertaining to the matter; and

(II) may, through counsel, employees, or rep-

resentatives, appear before the governing panel in

person or by telephone; and

(ii) the governing panel—

(I) may request the insured depository institu-

tion, insured credit union, or other covered person

described in subsection (a), the Bureau, or the

prudential regulator to produce additional infor-

mation relevant to the appeal; and

(II) by a majority vote of its members, shall pro-

vide a final determination, in writing, not later

than 30 days after the date of filing of an

informationally complete appeal, or such longer

period as the panel and the insured depository in-

stitution, insured credit union, or other covered

person described in subsection (a) may jointly

agree.

(D) P

UBLIC AVAILABILITY OF DETERMINATIONS

.—A gov-

erning panel shall publish all information contained in a

determination by the governing panel, with appropriate

redactions of information that would be subject to an ex-

emption from disclosure under section 552 of title 5,

United States Code.

(E) P

ROHIBITION AGAINST RETALIATION

.—The Bureau

and the prudential regulators shall prescribe rules to pro-

vide safeguards from retaliation against the insured depos-

itory institution, insured credit union, or other covered

person described in subsection (a) instituting an appeal

under this paragraph, as well as their officers and employ-

ees.

(F) L

IMITATION

.—The process provided in this paragraph

shall not apply to a determination by a prudential regu-

lator to appoint a conservator or receiver for an insured

depository institution or a liquidating agent for an insured

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186

credit union, as the case may be, or a decision to take ac-

tion pursuant to section 38 of the Federal Deposit Insur-

ance Act (12 U.S.C. 1831o) or section 212 of the Federal

Credit Union Act (112 U.S.C. 1790a), as applicable.

(G) E

FFECT ON OTHER AUTHORITY

.—Nothing in this sec-

tion shall modify or limit the authority of the Bureau to

interpret, or take enforcement action under, any Federal

consumer financial law, or the authority of a prudential

regulator to interpret or take enforcement action under

any other provision of Federal law for safety and sound-

ness purposes.

SEC. 1026. OTHER BANKS, SAVINGS ASSOCIATIONS, AND CREDIT

UNIONS.

(a) S

COPE OF

OVERAGE

.—This section shall apply to any covered

person that is—

(1) an insured depository institution with total assets of

$10,000,000,000 or less; or

(2) an insured credit union with total assets of

$10,000,000,000 or less.

(b) R

EPORTS

.—The øDirector¿ Bureau may require reports from

a person described in subsection (a), as necessary to support the

role of the Bureau in implementing Federal consumer financial

law, to support its examination activities under subsection (c), and

to assess and detect risks to consumers and consumer financial

markets.

(1) U

SE OF EXISTING REPORTS

.—The Bureau shall, to the full-

est extent possible, use—

(A) reports pertaining to a person described in sub-

section (a) that have been provided or required to have

been provided to a Federal or State agency; and

(B) information that has been reported publicly.

(2) P

RESERVATION OF AUTHORITY

.—Nothing in this subsection

may be construed as limiting the authority of the øDirector¿

Bureau from requiring from a person described in subsection

(a), as permitted under paragraph (1), information owned or

under the control of such person, regardless of whether such

information is maintained, stored, or processed by another per-

son.

(3) R

EPORTS OF TAX LAW NONCOMPLIANCE

.—The Bureau shall

provide the Commissioner of Internal Revenue with any report

of examination or related information identifying possible tax

law noncompliance.

XAMINATIONS

.—

(1) I

N GENERAL

.—The Bureau may, at its discretion, include

examiners on a sampling basis of the examinations performed

by the prudential regulator to assess compliance with the re-

quirements of Federal consumer financial law of persons de-

scribed in subsection (a).

(2) A

GENCY COORDINATION

.—The prudential regulator shall—

(A) provide all reports, records, and documentation re-

lated to the examination process for any institution in-

cluded in the sample referred to in paragraph (1) to the

Bureau on a timely and continual basis;

(B) involve such Bureau examiner in the entire examina-

tion process for such person; and

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an examination, conduct of the examination, the contents

of the examination report, the designation of matters re-

quiring attention, and examination ratings.

(d) E

NFORCEMENT

.—

(1) I

N GENERAL

.—Except for requiring reports under sub-

section (b), the prudential regulator is authorized to enforce

the requirements of Federal consumer financial laws and, with

respect to a covered person described in subsection (a), shall

have exclusive authority (relative to the Bureau) to enforce

such laws.

(2) C

OORDINATION WITH PRUDENTIAL REGULATOR

.—

(A) R

EFERRAL

.—When the Bureau has reason to believe

that a person described in subsection (a) has engaged in a

material violation of a Federal consumer financial law, the

Bureau shall notify the prudential regulator in writing and

recommend appropriate action to respond.

(B) R

ESPONSE

.—Upon receiving a recommendation under

subparagraph (A), the prudential regulator shall provide a

written response to the Bureau not later than 60 days

thereafter.

(e) S

ERVICE

ROVIDERS

.—A service provider to a substantial

number of persons described in subsection (a) shall be subject to

the authority of the Bureau under section 1025 to the same extent

as if the Bureau were an appropriate Federal bank agency under

section 7(c) of the Bank Service Company Act (12 U.S.C. 1867(c)).

When conducting any examination or requiring any report from a

service provider subject to this subsection, the Bureau shall coordi-

nate with the appropriate prudential regulator.

SEC. 1027. LIMITATIONS ON AUTHORITIES OF THE BUREAU; PRESER-

VATION OF AUTHORITIES.

(a) E

XCLUSION FOR

ERCHANTS

, R

ETAILERS

AND

THER

ELLERS

ONFINANCIAL

OODS OR

ERVICES

.—

(1) S

ALE OR BROKERAGE OF NONFINANCIAL GOOD OR SERV

ICE

.—The Bureau may not exercise any rulemaking, super-

visory, enforcement or other authority under this title with re-

spect to a person who is a merchant, retailer, or seller of any

nonfinancial good or service and is engaged in the sale or bro-

kerage of such nonfinancial good or service, except to the ex-

tent that such person is engaged in offering or providing any

consumer financial product or service, or is otherwise subject

to any enumerated consumer law or any law for which authori-

ties are transferred under subtitle F or H.

(2) O

FFERING OR PROVISION OF CERTAIN CONSUMER FINANCIAL

PRODUCTS OR SERVICES IN CONNECTION WITH THE SALE OR BRO

KERAGE OF NONFINANCIAL GOOD OR SERVICE

.—

(A) I

N GENERAL

.—Except as provided in subparagraph

(B), and subject to subparagraph (C), the Bureau may not

exercise any rulemaking, supervisory, enforcement, or

other authority under this title with respect to a merchant,

retailer, or seller of nonfinancial goods or services, but only

to the extent that such person—

(i) extends credit directly to a consumer, in a case

in which the good or service being provided is not

itself a consumer financial product or service (other

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188

than credit described in this subparagraph), exclu-

sively for the purpose of enabling that consumer to

purchase such nonfinancial good or service directly

from the merchant, retailer, or seller;

(ii) directly, or through an agreement with another

person, collects debt arising from credit extended as

described in clause (i); or

(iii) sells or conveys debt described in clause (i) that

is delinquent or otherwise in default.

(B) A

PPLICABILITY

.—Subparagraph (A) does not apply to

any credit transaction or collection of debt, other than as

described in subparagraph (C)(i), arising from a trans-

action described in subparagraph (A)—

(i) in which the merchant, retailer, or seller of non-

financial goods or services assigns, sells or otherwise

conveys to another person such debt owed by the con-

sumer (except for a sale of debt that is delinquent or

otherwise in default, as described in subparagraph

(A)(iii));

(ii) in which the credit extended significantly ex-

ceeds the market value of the nonfinancial good or

service provided, or the Bureau otherwise finds that

the sale of the nonfinancial good or service is done as

a subterfuge, so as to evade or circumvent the provi-

sions of this title; or

(iii) in which the merchant, retailer, or seller of non-

financial goods or services regularly extends credit and

the credit is subject to a finance charge.

IMITATIONS

.—

(i) I

N GENERAL

.—Notwithstanding subparagraph (B),

subparagraph (A) shall apply with respect to a mer-

chant, retailer, or seller of nonfinancial goods or serv-

ices that is not engaged significantly in offering or pro-

viding consumer financial products or services.

(ii) E

XCEPTION

.—Subparagraph (A) and clause (i) of

this subparagraph do not apply to any merchant, re-

tailer, or seller of nonfinancial goods or services—

(I) if such merchant, retailer, or seller of non-

financial goods or services is engaged in a trans-

action described in subparagraph (B)(i) or (B)(ii);

(II) to the extent that such merchant, retailer,

or seller is subject to any enumerated consumer

law or any law for which authorities are trans-

ferred under subtitle F or H, but the Bureau may

exercise such authority only with respect to that

law.

(D) R

ULES

.—

(i) A

UTHORITY OF OTHER AGENCIES

.—No provision of

this title shall be construed as modifying, limiting, or

superseding the supervisory or enforcement authority

of the Federal Trade Commission or any other agency

(other than the Bureau) with respect to credit ex-

tended, or the collection of debt arising from such ex-

tension, directly by a merchant or retailer to a con-

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189

sumer exclusively for the purpose of enabling that con-

sumer to purchase nonfinancial goods or services di-

rectly from the merchant or retailer.

(ii) S

MALL BUSINESSES

.—A merchant, retailer, or

seller of nonfinancial goods or services that would oth-

erwise be subject to the authority of the Bureau solely

by virtue of the application of subparagraph (B)(iii)

shall be deemed not to be engaged significantly in of-

fering or providing consumer financial products or

services under subparagraph (C)(i), if such person—

(I) only extends credit for the sale of non-

financial goods or services, as described in sub-

paragraph (A)(i);

(II) retains such credit on its own accounts (ex-

cept to sell or convey such debt that is delinquent

or otherwise in default); and

(III) meets the relevant industry size threshold

to be a small business concern, based on annual

receipts, pursuant to section 3 of the Small Busi-

ness Act (15 U.S.C. 632) and the implementing

rules thereunder.

(iii) I

NITIAL YEAR

.—A merchant, retailer, or seller of

nonfinancial goods or services shall be deemed to meet

the relevant industry size threshold described in

clause (ii)(III) during the first year of operations of

that business concern if, during that year, the receipts

of that business concern reasonably are expected to

meet that size threshold.

(iv) O

THER STANDARDS FOR SMALL BUSINESS

.—With

respect to a merchant, retailer, or seller of non-

financial goods or services that is a classified on a

basis other than annual receipts for the purposes of

section 3 of the Small Business Act (15 U.S.C. 632)

and the implementing rules thereunder, such mer-

chant, retailer, or seller shall be deemed to meet the

relevant industry size threshold described in clause

(ii)(III) if such merchant, retailer, or seller meets the

relevant industry size threshold to be a small business

concern based on the number of employees, or other

such applicable measure, established under that Act.

(E) E

XCEPTION FROM STATE ENFORCEMENT

.—To the ex-

tent that the Bureau may not exercise authority under this

subsection with respect to a merchant, retailer, or seller of

nonfinancial goods or services, no action by a State attor-

ney general or State regulator with respect to a claim

made under this title may be brought under subsection

1042(a), with respect to an activity described in any of

clauses (i) through (iii) of subparagraph (A) by such mer-

chant, retailer, or seller of nonfinancial goods or services.

(b) E

XCLUSION FOR

EAL

STATE

ROKERAGE

CTIVITIES

.—

(1) R

EAL ESTATE BROKERAGE ACTIVITIES EXCLUDED

.—Without

limiting subsection (a), and except as permitted in paragraph

(2), the Bureau may not exercise any rulemaking, supervisory,

enforcement, or other authority under this title with respect to

a person that is licensed or registered as a real estate broker

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190

or real estate agent, in accordance with State law, to the ex-

tent that such person—

(A) acts as a real estate agent or broker for a buyer, sell-

er, lessor, or lessee of real property;

(B) brings together parties interested in the sale, pur-

chase, lease, rental, or exchange of real property;

contract relating to the sale, purchase, lease, rental, or ex-

change of real property (other than in connection with the

provision of financing with respect to any such trans-

action); or

(D) offers to engage in any activity, or act in any capac-

ity, described in subparagraph (A), (B), or (C).

(2) D

ESCRIPTION OF ACTIVITIES

.—The Bureau may exercise

rulemaking, supervisory, enforcement, or other authority under

this title with respect to a person described in paragraph (1)

when such person is—

(A) engaged in an activity of offering or providing any

consumer financial product or service, except that the Bu-

reau may exercise such authority only with respect to that

activity; or

(B) otherwise subject to any enumerated consumer law

or any law for which authorities are transferred under

subtitle F or H, but the Bureau may exercise such author-

ity only with respect to that law.

XCLUSION FOR

ANUFACTURED

OME

ETAILERS AND

ULAR

OME

ETAILERS

.—

(1) I

N GENERAL

.—The øDirector¿ Bureau may not exercise

any rulemaking, supervisory, enforcement, or other authority

over a person to the extent that—

(A) such person is not described in paragraph (2); and

(B) such person—

(i) acts as an agent or broker for a buyer or seller

of a manufactured home or a modular home;

(ii) facilitates the purchase by a consumer of a man-

ufactured home or modular home, by negotiating the

purchase price or terms of the sales contract (other

than providing financing with respect to such trans-

action); or

(iii) offers to engage in any activity described in

clause (i) or (ii).

(2) D

ESCRIPTION OF ACTIVITIES

.—A person is described in

this paragraph to the extent that such person is engaged in the

offering or provision of any consumer financial product or serv-

ice or is otherwise subject to any enumerated consumer law or

any law for which authorities are transferred under subtitle F

or H.

(3) D

EFINITIONS

.—For purposes of this subsection, the fol-

lowing definitions shall apply:

(A) M

ANUFACTURED HOME

.—The term ‘‘manufactured

home’’ has the same meaning as in section 603 of the Na-

tional Manufactured Housing Construction and Safety

Standards Act of 1974 (42 U.S.C. 5402).

(B) M

ODULAR HOME

.—The term ‘‘modular home’’ means

a house built in a factory in 2 or more modules that meet

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191

the State or local building codes where the house will be

located, and where such modules are transported to the

building site, installed on foundations, and completed.

(d) E

XCLUSION FOR

CCOUNTANTS AND

REPARERS

.—

(1) I

N GENERAL

.—Except as permitted in paragraph (2), the

Bureau may not exercise any rulemaking, supervisory, enforce-

ment, or other authority over—

(A) any person that is a certified public accountant, per-

mitted to practice as a certified public accounting firm, or

certified or licensed for such purpose by a State, or any in-

dividual who is employed by or holds an ownership inter-

est with respect to a person described in this subpara-

graph, when such person is performing or offering to per-

form—

(i) customary and usual accounting activities, in-

cluding the provision of accounting, tax, advisory, or

other services that are subject to the regulatory au-

thority of a State board of accountancy or a Federal

authority; or

(ii) other services that are incidental to such cus-

tomary and usual accounting activities, to the extent

that such incidental services are not offered or pro-

vided—

(I) by the person separate and apart from such

customary and usual accounting activities; or

(II) to consumers who are not receiving such

customary and usual accounting activities; or

(B) any person, other than a person described in sub-

paragraph (A) that performs income tax preparation activi-

ties for consumers.

(2) D

ESCRIPTION OF ACTIVITIES

.—

(A) I

N GENERAL

.—Paragraph (1) shall not apply to any

person described in paragraph (1)(A) or (1)(B) to the extent

that such person is engaged in any activity which is not

a customary and usual accounting activity described in

paragraph (1)(A) or incidental thereto but which is the of-

fering or provision of any consumer financial product or

service, except to the extent that a person described in

paragraph (1)(A) is engaged in an activity which is a cus-

tomary and usual accounting activity described in para-

graph (1)(A), or incidental thereto.

(B) N

OT A CUSTOMARY AND USUAL ACCOUNTING ACTIV

ITY

.—For purposes of this subsection, extending or

brokering credit is not a customary and usual accounting

activity, or incidental thereto.

ULE OF CONSTRUCTION

.—For purposes of subpara-

graphs (A) and (B), a person described in paragraph (1)(A)

shall not be deemed to be extending credit, if such person

is only extending credit directly to a consumer, exclusively

for the purpose of enabling such consumer to purchase

services described in clause (i) or (ii) of paragraph (1)(A)

directly from such person, and such credit is—

(i) not subject to a finance charge; and

(ii) not payable by written agreement in more than

4 installments.

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(D) O

THER LIMITATIONS

.—Paragraph (1) does not apply

to any person described in paragraph (1)(A) or (1)(B) that

is otherwise subject to any enumerated consumer law or

any law for which authorities are transferred under sub-

title F or H.

(e) E

XCLUSION FOR

RACTICE OF

.—

(1) I

N GENERAL

.—Except as provided under paragraph (2),

the Bureau may not exercise any supervisory or enforcement

authority with respect to an activity engaged in by an attorney

as part of the practice of law under the laws of a State in

which the attorney is licensed to practice law.

(2) R

ULE OF CONSTRUCTION

.—Paragraph (1) shall not be con-

strued so as to limit the exercise by the Bureau of any super-

visory, enforcement, or other authority regarding the offering

or provision of a consumer financial product or service de-

scribed in any subparagraph of section 1002(5)—

(A) that is not offered or provided as part of, or inci-

dental to, the practice of law, occurring exclusively within

the scope of the attorney-client relationship; or

(B) that is otherwise offered or provided by the attorney

in question with respect to any consumer who is not re-

ceiving legal advice or services from the attorney in con-

nection with such financial product or service.

(3) E

XISTING AUTHORITY

.—Paragraph (1) shall not be con-

strued so as to limit the authority of the Bureau with respect

to any attorney, to the extent that such attorney is otherwise

subject to any of the enumerated consumer laws or the au-

thorities transferred under subtitle F or H.

(f) E

XCLUSION FOR

ERSONS

EGULATED BY A

TATE

NSURANCE

EGULATOR

.—

(1) I

N GENERAL

.—No provision of this title shall be construed

as altering, amending, or affecting the authority of any State

insurance regulator to adopt rules, initiate enforcement pro-

ceedings, or take any other action with respect to a person reg-

ulated by a State insurance regulator. Except as provided in

paragraph (2), the Bureau shall have no authority to exercise

any power to enforce this title with respect to a person regu-

lated by a State insurance regulator.

(2) D

ESCRIPTION OF ACTIVITIES

.—Paragraph (1) does not

apply to any person described in such paragraph to the extent

that such person is engaged in the offering or provision of any

consumer financial product or service or is otherwise subject to

any enumerated consumer law or any law for which authorities

are transferred under subtitle F or H.

(3) S

TATE INSURANCE AUTHORITY UNDER GRAMM

LEACH

BLI

LEY

.—Notwithstanding paragraph (2), the Bureau shall not ex-

ercise any authorities that are granted a State insurance au-

thority under section 505(a)(6) of the Gramm-Leach-Bliley Act

with respect to a person regulated by a State insurance author-

ity.

(g) E

XCLUSION FOR

MPLOYEE

ENEFIT AND

OMPENSATION

LANS AND

ERTAIN

THER

RRANGEMENTS

NDER THE

NTERNAL

EVENUE

ODE OF

1986.—

(1) P

RESERVATION OF AUTHORITY OF OTHER AGENCIES

.—No

provision of this title shall be construed as altering, amending,

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or affecting the authority of the Secretary of the Treasury, the

Secretary of Labor, or the Commissioner of Internal Revenue

to adopt regulations, initiate enforcement proceedings, or take

any actions with respect to any specified plan or arrangement.

(2) A

CTIVITIES NOT CONSTITUTING THE OFFERING OR PROVI

SION OF ANY CONSUMER FINANCIAL PRODUCT OR SERVICE

.—For

purposes of this title, a person shall not be treated as having

engaged in the offering or provision of any consumer financial

product or service solely because such person is—

(A) a specified plan or arrangement;

(B) engaged in the activity of establishing or maintain-

ing, for the benefit of employees of such person (or for

members of an employee organization), any specified plan

or arrangement; or

ing a qualified tuition program under section 529(b)(1) of

the Internal Revenue Code of 1986 offered by a State or

other prepaid tuition program offered by a State.

(3) L

IMITATION ON BUREAU AUTHORITY

.—

(A) I

N GENERAL

.—Except as provided under subpara-

graphs (B) and (C), the Bureau may not exercise any rule-

making or enforcement authority with respect to products

or services that relate to any specified plan or arrange-

ment.

(B) B

UREAU ACTION PURSUANT TO AGENCY REQUEST

.—

(i) A

GENCY REQUEST

.—The Secretary and the Sec-

retary of Labor may jointly issue a written request to

the Bureau regarding implementation of appropriate

consumer protection standards under this title with

respect to the provision of services relating to any

specified plan or arrangement.

(ii) A

GENCY RESPONSE

.—In response to a request by

the Bureau, the Secretary and the Secretary of Labor

shall jointly issue a written response, not later than

90 days after receipt of such request, to grant or deny

the request of the Bureau regarding implementation of

appropriate consumer protection standards under this

title with respect to the provision of services relating

to any specified plan or arrangement.

(iii) S

COPE OF BUREAU ACTION

.—Subject to a request

or response pursuant to clause (i) or clause (ii) by the

agencies made under this subparagraph, the Bureau

may exercise rulemaking authority, and may act to en-

force a rule prescribed pursuant to such request or re-

sponse, in accordance with the provisions of this title.

A request or response made by the Secretary and the

Secretary of Labor under this subparagraph shall de-

scribe the basis for, and scope of, appropriate con-

sumer protection standards to be implemented under

this title with respect to the provision of services relat-

ing to any specified plan or arrangement.

ESCRIPTION OF PRODUCTS OR SERVICES

.—To the ex-

tent that a person engaged in providing products or serv-

ices relating to any specified plan or arrangement is sub-

ject to any enumerated consumer law or any law for which

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authorities are transferred under subtitle F or H, subpara-

graph (A) shall not apply with respect to that law.

(4) S

PECIFIED PLAN OR ARRANGEMENT

.—For purposes of this

subsection, the term ‘‘specified plan or arrangement’’ means

any plan, account, or arrangement described in section 220,

223, 401(a), 403(a), 403(b), 408, 408A, 529, 529A, or 530 of the

Internal Revenue Code of 1986, or any employee benefit or

compensation plan or arrangement, including a plan that is

subject to title I of the Employee Retirement Income Security

Act of 1974, or any prepaid tuition program offered by a State.

(h) P

ERSONS

EGULATED BY A

TATE

ECURITIES

OMMISSION

.—

(1) I

N GENERAL

.—No provision of this title shall be construed

as altering, amending, or affecting the authority of any securi-

ties commission (or any agency or office performing like func-

tions) of any State to adopt rules, initiate enforcement pro-

ceedings, or take any other action with respect to a person reg-

ulated by any securities commission (or any agency or office

performing like functions) of any State. Except as permitted in

paragraph (2) and subsection (f), the Bureau shall have no au-

thority to exercise any power to enforce this title with respect

to a person regulated by any securities commission (or any

agency or office performing like functions) of any State, but

only to the extent that the person acts in such regulated capac-

ity.

(2) D

ESCRIPTION OF ACTIVITIES

.—Paragraph (1) shall not

apply to any person to the extent such person is engaged in the

offering or provision of any consumer financial product or serv-

ice, or is otherwise subject to any enumerated consumer law or

any law for which authorities are transferred under subtitle F

or H.

(i) E

XCLUSION FOR

ERSONS

EGULATED BY THE

OMMISSION

.—

(1) I

N GENERAL

.—No provision of this title may be construed

as altering, amending, or affecting the authority of the Com-

mission to adopt rules, initiate enforcement proceedings, or

take any other action with respect to a person regulated by the

Commission. The Bureau shall have no authority to exercise

any power to enforce this title with respect to a person regu-

lated by the Commission.

(2) C

ONSULTATION AND COORDINATION

.—Notwithstanding

paragraph (1), the Commission shall consult and coordinate,

where feasible, with the Bureau with respect to any rule (in-

cluding any advance notice of proposed rulemaking) regarding

an investment product or service that is the same type of prod-

uct as, or that competes directly with, a consumer financial

product or service that is subject to the jurisdiction of the Bu-

reau under this title or under any other law. In carrying out

this paragraph, the agencies shall negotiate an agreement to

establish procedures for such coordination, including proce-

dures for providing advance notice to the Bureau when the

Commission is initiating a rulemaking.

(j) E

XCLUSION FOR

ERSONS

EGULATED BY THE

OMMODITY

TURES

RADING

OMMISSION

.—

(1) I

N GENERAL

.—No provision of this title shall be construed

as altering, amending, or affecting the authority of the Com-

modity Futures Trading Commission to adopt rules, initiate

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enforcement proceedings, or take any other action with respect

to a person regulated by the Commodity Futures Trading Com-

mission. The Bureau shall have no authority to exercise any

power to enforce this title with respect to a person regulated

by the Commodity Futures Trading Commission.

(2) C

ONSULTATION AND COORDINATION

.—Notwithstanding

paragraph (1), the Commodity Futures Trading Commission

shall consult and coordinate with the Bureau with respect to

any rule (including any advance notice of proposed rulemaking)

regarding a product or service that is the same type of product

as, or that competes directly with, a consumer financial prod-

uct or service that is subject to the jurisdiction of the Bureau

under this title or under any other law.

(k) E

XCLUSION FOR

ERSONS

EGULATED BY THE

ARM

REDIT

DMINISTRATION

.—

(1) I

N GENERAL

.—No provision of this title shall be construed

as altering, amending, or affecting the authority of the Farm

Credit Administration to adopt rules, initiate enforcement pro-

ceedings, or take any other action with respect to a person reg-

ulated by the Farm Credit Administration. The Bureau shall

have no authority to exercise any power to enforce this title

with respect to a person regulated by the Farm Credit Admin-

istration.

(2) D

EFINITION

.—For purposes of this subsection, the term

‘‘person regulated by the Farm Credit Administration’’ means

any Farm Credit System institution that is chartered and sub-

ject to the provisions of the Farm Credit Act of 1971 (12 U.S.C.

2001 et seq.).

(l) E

XCLUSION FOR

CTIVITIES

ELATING TO

HARITABLE

TRIBUTIONS

.—

(1) I

N GENERAL

.—The øDirector¿ Bureau and the Bureau

may not exercise any rulemaking, supervisory, enforcement, or

other authority, including authority to order penalties, over

any activities related to the solicitation or making of voluntary

contributions to a tax-exempt organization as recognized by the

Internal Revenue Service, by any agent, volunteer, or rep-

resentative of such organizations to the extent the organiza-

tion, agent, volunteer, or representative thereof is soliciting or

providing advice, information, education, or instruction to any

donor or potential donor relating to a contribution to the orga-

nization.

(2) L

IMITATION

.—The exclusion in paragraph (1) does not

apply to other activities not described in paragraph (1) that are

the offering or provision of any consumer financial product or

service, or are otherwise subject to any enumerated consumer

law or any law for which authorities are transferred under

subtitle F or H.

(m) I

NSURANCE

.—The Bureau may not define as a financial prod-

uct or service, by regulation or otherwise, engaging in the business

of insurance.

(n) L

IMITED

UTHORITY OF THE

UREAU

.—Notwithstanding sub-

sections (a) through (h) and (l), a person subject to or described in

one or more of such provisions—

(1) may be a service provider; and

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(2) may be subject to requests from, or requirements imposed

by, the Bureau regarding information in order to carry out the

responsibilities and functions of the Bureau and in accordance

with section 1022, 1052, or 1053.

(o) N

UTHORITY

MPOSE

SURY

IMIT

.—No provision of this

title shall be construed as conferring authority on the Bureau to es-

tablish a usury limit applicable to an extension of credit offered or

made by a covered person to a consumer, unless explicitly author-

ized by law.

(p) A

TTORNEY

ENERAL

.—No provision of this title, including sec-

tion 1024(c)(1), shall affect the authorities of the Attorney General

under otherwise applicable provisions of law.

(q) S

ECRETARY OF THE

REASURY

.—No provision of this title shall

affect the authorities of the Secretary, including with respect to

prescribing rules, initiating enforcement proceedings, or taking

other actions with respect to a person that performs income tax

preparation activities for consumers.

(r) D

EPOSIT

NSURANCE AND

HARE

NSURANCE

.—Nothing in this

title shall affect the authority of the Corporation under the Federal

Deposit Insurance Act or the National Credit Union Administration

Board under the Federal Credit Union Act as to matters related to

deposit insurance and share insurance, respectively.

(s) F

AIR

OUSING

.—No provision of this title shall be con-

strued as affecting any authority arising under the Fair Housing

Act.

* * * * * * *

Subtitle C—Specific Bureau Authorities

* * * * * * *

SEC. 1035. PRIVATE EDUCATION LOAN OMBUDSMAN.

(a) E

STABLISHMENT

.—The Secretary, in consultation with the

øDirector¿ Bureau, shall designate a Private Education Loan Om-

budsman (in this section referred to as the ‘‘Ombudsman’’) within

the Bureau, to provide timely assistance to borrowers of private

education loans.

(b) P

UBLIC

NFORMATION

.—The Secretary and the øDirector¿ Bu-

reau shall disseminate information about the availability and func-

tions of the Ombudsman to borrowers and potential borrowers, as

well as institutions of higher education, lenders, guaranty agencies,

loan servicers, and other participants in private education student

loan programs.

UNCTIONS OF

MBUDSMAN

.—The Ombudsman designated

under this subsection shall—

(1) in accordance with regulations of the øDirector¿ Bureau,

receive, review, and attempt to resolve informally complaints

from borrowers of loans described in subsection (a), including,

as appropriate, attempts to resolve such complaints in collabo-

ration with the Department of Education and with institutions

of higher education, lenders, guaranty agencies, loan servicers,

and other participants in private education loan programs;

(2) not later than 90 days after the designated transfer date,

establish a memorandum of understanding with the student

loan ombudsman established under section 141(f) of the Higher

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Education Act of 1965 (20 U.S.C. 1018(f)), to ensure coordina-

tion in providing assistance to and serving borrowers seeking

to resolve complaints related to their private education or Fed-

eral student loans;

(3) compile and analyze data on borrower complaints regard-

ing private education loans; and

(4) make appropriate recommendations to the øDirector¿ Bu-

reau, the Secretary, the Secretary of Education, the Committee

on Banking, Housing, and Urban Affairs and the Committee on

Health, Education, Labor, and Pensions of the Senate and the

Committee on Financial Services and the Committee on Edu-

cation and Labor of the House of Representatives.

(d) A

NNUAL

EPORTS

.—

(1) I

N GENERAL

.—The Ombudsman shall prepare an annual

report that describes the activities, and evaluates the effective-

ness of the Ombudsman during the preceding year.

(2) S

UBMISSION

.—The report required by paragraph (1) shall

be submitted on the same date annually to the Secretary, the

Secretary of Education, the Committee on Banking, Housing,

and Urban Affairs and the Committee on Health, Education,

Labor, and Pensions of the Senate and the Committee on Fi-

nancial Services and the Committee on Education and Labor

of the House of Representatives.

(e) D

EFINITIONS

.—For purposes of this section, the terms ‘‘private

education loan’’ and ‘‘institution of higher education’’ have the same

meanings as in section 140 of the Truth in Lending Act (15 U.S.C.

1650).

* * * * * * *

Subtitle F—Transfer of Functions and

Personnel; Transitional Provisions

* * * * * * *

øSEC. 1066. INTERIM AUTHORITY OF THE SECRETARY.

ø(a) I

ENERAL

.—The Secretary is authorized to perform the

functions of the Bureau under this subtitle until the Director of the

Bureau is confirmed by the Senate in accordance with section 1011.

ø(b) I

NTERIM

DMINISTRATIVE

ERVICES BY THE

EPARTMENT OF

THE

REASURY

.—The Department of the Treasury may provide ad-

ministrative services necessary to support the Bureau before the

designated transfer date.¿

* * * * * * *

Subtitle G—Regulatory Improvements

* * * * * * *

SEC. 1079. REVIEW, REPORT, AND PROGRAM WITH RESPECT TO EX-

CHANGE FACILITATORS.

(a) R

EVIEW

.—The øDirector¿ Bureau shall review all Federal

laws and regulations relating to the protection of consumers who

use exchange facilitators for transactions primarily for personal,

family, or household purposes.

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(b) R

EPORT

.—Not later than 1 year after the designated transfer

date, the øDirector¿ Bureau shall submit to Congress a report de-

scribing—

(1) recommendations for legislation to ensure the appropriate

protection of consumers who use exchange facilitators for

transactions primarily for personal, family, or household pur-

poses;

(2) recommendations for updating the regulations of Federal

departments and agencies to ensure the appropriate protection

of such consumers; and

(3) recommendations for regulations to ensure the appro-

priate protection of such consumers.

ROGRAM

.—Not later than 2 years after the date of the sub-

mission of the report under subsection (b), the Bureau shall, con-

sistent with subtitle B, propose regulations or otherwise establish

a program to protect consumers who use exchange facilitators.

(d) E

XCHANGE

ACILITATOR

EFINED

.—In this section, the term

‘‘exchange facilitator’’ means a person that—

(1) facilitates, for a fee, an exchange of like kind property by

entering into an agreement with a taxpayer by which the ex-

change facilitator acquires from the taxpayer the contractual

rights to sell the taxpayer’s relinquished property and trans-

fers a replacement property to the taxpayer as a qualified

intermediary (within the meaning of Treasury Regulations sec-

tion 1.1031(k)-1(g)(4)) or enters into an agreement with the

taxpayer to take title to a property as an exchange accommoda-

tion titleholder (within the meaning of Revenue Procedure

2000-37) or enters into an agreement with a taxpayer to act as

a qualified trustee or qualified escrow holder (within the mean-

ing of Treasury Regulations section 1.1031(k)-1(g)(3));

(2) maintains an office for the purpose of soliciting business

to perform the services described in paragraph (1); or

(3) advertises any of the services described in paragraph (1)

or solicits clients in printed publications, direct mail, television

or radio advertisements, telephone calls, facsimile trans-

missions, or other electronic communications directed to the

general public for purposes of providing any such services.

* * * * * * *

TITLE XIV—MORTGAGE REFORM AND

ANTI-PREDATORY LENDING ACT

SEC. 1400. SHORT TITLE; DESIGNATION AS ENUMERATED CONSUMER

LAW.

(a) S

HORT

ITLE

.—This title may be cited as the ‘‘Mortgage Re-

form and Anti-Predatory Lending Act’’.

(b) D

ESIGNATION AS

NUMERATED

ONSUMER

NDER THE

URVIEW OF THE

UREAU OF

ONSUMER

INANCIAL

ROTECTION

.—

Subtitles A, B, C, and E and sections 1471, 1472, 1475, and 1476,

and the amendments made by such subtitles and sections, shall be

enumerated consumer laws, as defined in section 1002, and come

under the purview of the Bureau of Consumer Financial Protection

for purposes of title X, including the transfer of functions and per-

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199

sonnel under subtitle F of title X and the savings provisions of such

subtitle.

EGULATIONS

; E

FFECTIVE

ATE

.—

(1) R

EGULATIONS

.—The regulations required to be prescribed

under this title or the amendments made by this title shall—

(A) be prescribed in final form before the end of the 18-

month period beginning on the designated transfer date;

and

(B) take effect not later than 12 months after the date

of issuance of the regulations in final form.

(2) E

FFECTIVE DATE ESTABLISHED BY RULE

.—Except as pro-

vided in paragraph (3), a section, or provision thereof, of this

title shall take effect on the date on which the final regulations

implementing such section, or provision, take effect.

(3) E

FFECTIVE DATE

.—A section of this title for which regula-

tions have not been issued on the date that is 18 months after

the designated transfer date shall take effect on such date.

* * * * * * *

Subtitle D—Office of Housing Counseling

* * * * * * *

SEC. 1447. DEFAULT AND FORECLOSURE DATABASE.

(a) E

STABLISHMENT

.—The Secretary of Housing and Urban De-

velopment and the øDirector of the Bureau¿ Chair of the Bureau,

in consultation with the Federal agencies responsible for regulation

of banking and financial institutions involved in residential mort-

gage lending and servicing, shall establish and maintain a data-

base of information on foreclosures and defaults on mortgage loans

for one- to four-unit residential properties and shall make such in-

formation publicly available, subject to subsection (e).

(b) C

ENSUS

RACT

ATA

.—Information in the database may be

collected, aggregated, and made available on a census tract basis.

EQUIREMENTS

.—Information collected and made available

through the database shall include—

(1) the number and percentage of such mortgage loans that

are delinquent by more than 30 days;

(2) the number and percentage of such mortgage loans that

are delinquent by more than 90 days;

(3) the number and percentage of such properties that are

real estate-owned;

(4) number and percentage of such mortgage loans that are

in the foreclosure process;

(5) the number and percentage of such mortgage loans that

have an outstanding principal obligation amount that is great-

er than the value of the property for which the loan was made;

and

(6) such other information as the Secretary of Housing and

Urban Development and the øDirector of the Bureau¿ Chair of

the Bureau consider appropriate.

(d) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall be

construed to encourage discriminatory or unsound allocation of

credit or lending policies or practices.

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(e) P

RIVACY AND

ONFIDENTIALITY

.—In establishing and main-

taining the database described in subsection (a), the Secretary of

Housing and Urban Development and the øDirector of the Bureau¿

Chair of the Bureau shall—

(1) be subject to the standards applicable to Federal agencies

for the protection of the confidentiality of personally identifi-

able information and for data security and integrity;

(2) implement the necessary measures to conform to the

standards for data integrity and security described in para-

graph (1); and

(3) collect and make available information under this section,

in accordance with paragraphs (5) and (6) of section 1022(c)

and the rules prescribed under such paragraphs, in order to

protect privacy and confidentiality.

* * * * * * *

ELECTRONIC FUND TRANSFER ACT

§ 901. Short title

This title may be cited as the ‘‘Electronic Fund Transfer Act’’.

* * * * * * *

SEC. 921. REASONABLE FEES AND RULES FOR PAYMENT CARD TRANS-

ACTIONS.

(a) R

EASONABLE

NTERCHANGE

RANSACTION

EES FOR

LEC

TRONIC

EBIT

RANSACTIONS

.—

(1) R

EGULATORY AUTHORITY OVER INTERCHANGE TRANSACTION

FEES

.—The Board may prescribe regulations, pursuant to sec-

tion 553 of title 5, United States Code, regarding any inter-

change transaction fee that an issuer may receive or charge

with respect to an electronic debit transaction, to implement

this subsection (including related definitions), and to prevent

circumvention or evasion of this subsection.

(2) R

EASONABLE INTERCHANGE TRANSACTION FEES

.—The

amount of any interchange transaction fee that an issuer may

receive or charge with respect to an electronic debit transaction

shall be reasonable and proportional to the cost incurred by the

issuer with respect to the transaction.

(3) R

ULEMAKING REQUIRED

.—

(A) I

N GENERAL

.—The Board shall prescribe regulations

in final form not later than 9 months after the date of en-

actment of the Consumer Financial Protection Act of 2010,

to establish standards for assessing whether the amount of

any interchange transaction fee described in paragraph (2)

is reasonable and proportional to the cost incurred by the

issuer with respect to the transaction.

(B) I

NFORMATION COLLECTION

.—The Board may require

any issuer (or agent of an issuer) or payment card network

to provide the Board with such information as may be nec-

essary to carry out the provisions of this subsection and

the Board, in issuing rules under subparagraph (A) and on

at least a bi-annual basis thereafter, shall disclose such

aggregate or summary information concerning the costs in-

curred, and interchange transaction fees charged or re-

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ceived, by issuers or payment card networks in connection

with the authorization, clearance or settlement of elec-

tronic debit transactions as the Board considers appro-

priate and in the public interest.

(4) C

ONSIDERATIONS

;

CONSULTATION

.—In prescribing regula-

tions under paragraph (3)(A), the Board shall—

(A) consider the functional similarity between—

(i) electronic debit transactions; and

(ii) checking transactions that are required within

the Federal Reserve bank system to clear at par;

(B) distinguish between—

(i) the incremental cost incurred by an issuer for the

role of the issuer in the authorization, clearance, or

settlement of a particular electronic debit transaction,

which cost shall be considered under paragraph (2);

and

(ii) other costs incurred by an issuer which are not

specific to a particular electronic debit transaction,

which costs shall not be considered under paragraph

(2); and

Currency, the Board of Directors of the Federal Deposit In-

surance Corporation, the Director of the Office of Thrift

Supervision, the National Credit Union Administration

Board, the Administrator of the Small Business Adminis-

tration, and the øDirector of the Bureau of Consumer Fi-

nancial Protection¿ Chair of the Bureau of Consumer Fi-

nancial Protection.

(5) A

DJUSTMENTS TO INTERCHANGE TRANSACTION FEES FOR

FRAUD PREVENTION COSTS

.—

(A) A

DJUSTMENTS

.—The Board may allow for an adjust-

ment to the fee amount received or charged by an issuer

under paragraph (2), if—

(i) such adjustment is reasonably necessary to make

allowance for costs incurred by the issuer in pre-

venting fraud in relation to electronic debit trans-

actions involving that issuer; and

(ii) the issuer complies with the fraud-related stand-

ards established by the Board under subparagraph

(B), which standards shall—

(I) be designed to ensure that any fraud-related

adjustment of the issuer is limited to the amount

described in clause (i) and takes into account any

fraud-related reimbursements (including amounts

from charge-backs) received from consumers, mer-

chants, or payment card networks in relation to

electronic debit transactions involving the issuer;

and

(II) require issuers to take effective steps to re-

duce the occurrence of, and costs from, fraud in

relation to electronic debit transactions, including

through the development and implementation of

cost-effective fraud prevention technology.

(B) R

ULEMAKING REQUIRED

.—

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(i) I

N GENERAL

.—The Board shall prescribe regula-

tions in final form not later than 9 months after the

date of enactment of the Consumer Financial Protec-

tion Act of 2010, to establish standards for making ad-

justments under this paragraph.

(ii) F

ACTORS FOR CONSIDERATION

.—In issuing the

standards and prescribing regulations under this para-

graph, the Board shall consider—

(I) the nature, type, and occurrence of fraud in

electronic debit transactions;

(II) the extent to which the occurrence of fraud

depends on whether authorization in an electronic

debit transaction is based on signature, PIN, or

other means;

(III) the available and economical means by

which fraud on electronic debit transactions may

be reduced;

(IV) the fraud prevention and data security

costs expended by each party involved in elec-

tronic debit transactions (including consumers,

persons who accept debit cards as a form of pay-

ment, financial institutions, retailers and payment

card networks);

(V) the costs of fraudulent transactions absorbed

by each party involved in such transactions (in-

cluding consumers, persons who accept debit cards

as a form of payment, financial institutions, retail-

ers and payment card networks);

(VI) the extent to which interchange transaction

fees have in the past reduced or increased incen-

tives for parties involved in electronic debit trans-

actions to reduce fraud on such transactions; and

(VII) such other factors as the Board considers

appropriate.

(6) E

XEMPTION FOR SMALL ISSUERS

.—

(A) I

N GENERAL

.—This subsection shall not apply to any

issuer that, together with its affiliates, has assets of less

than $10,000,000,000, and the Board shall exempt such

issuers from regulations prescribed under paragraph

(3)(A).

(B) D

EFINITION

.—For purposes of this paragraph, the

term ‘‘issuer’’ shall be limited to the person holding the

asset account that is debited through an electronic debit

transaction.

(7) E

XEMPTION FOR GOVERNMENT

ADMINISTERED PAYMENT

PROGRAMS AND RELOADABLE PREPAID CARDS

.—

(A) I

N GENERAL

.—This subsection shall not apply to an

interchange transaction fee charged or received with re-

spect to an electronic debit transaction in which a person

uses—

(i) a debit card or general-use prepaid card that has

been provided to a person pursuant to a Federal, State

or local government-administered payment program,

in which the person may only use the debit card or

general-use prepaid card to transfer or debit funds,

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monetary value, or other assets that have been pro-

vided pursuant to such program; or

(ii) a plastic card, payment code, or device that is—

(I) linked to funds, monetary value, or assets

which are purchased or loaded on a prepaid basis;

(II) not issued or approved for use to access or

debit any account held by or for the benefit of the

card holder (other than a subaccount or other

method of recording or tracking funds purchased

or loaded on the card on a prepaid basis);

(III) redeemable at multiple, unaffiliated mer-

chants or service providers, or automated teller

machines;

(IV) used to transfer or debit funds, monetary

value, or other assets; and

(V) reloadable and not marketed or labeled as a

gift card or gift certificate.

(B) E

XCEPTION

.—Notwithstanding subparagraph (A),

after the end of the 1-year period beginning on the effec-

tive date provided in paragraph (9), this subsection shall

apply to an interchange transaction fee charged or re-

ceived with respect to an electronic debit transaction de-

scribed in subparagraph (A)(i) in which a person uses a

general-use prepaid card, or an electronic debit transaction

described in subparagraph (A)(ii), if any of the following

fees may be charged to a person with respect to the card:

(i) A fee for an overdraft, including a shortage of

funds or a transaction processed for an amount ex-

ceeding the account balance.

(ii) A fee imposed by the issuer for the first with-

drawal per month from an automated teller machine

that is part of the issuer’s designated automated teller

machine network.

EFINITION

.—For purposes of subparagraph (B), the

term ‘‘designated automated teller machine network’’

means either—

(i) all automated teller machines identified in the

name of the issuer; or

(ii) any network of automated teller machines iden-

tified by the issuer that provides reasonable and con-

venient access to the issuer’s customers.

(D) R

EPORTING

.—Beginning 12 months after the date of

enactment of the Consumer Financial Protection Act of

2010, the Board shall annually provide a report to the

Congress regarding —

(i) the prevalence of the use of general-use prepaid

cards in Federal, State or local government-adminis-

tered payment programs; and

(ii) the interchange transaction fees and cardholder

fees charged with respect to the use of such general-

use prepaid cards.

(8) R

EGULATORY AUTHORITY OVER NETWORK FEES

.—

(A) I

N GENERAL

.—The Board may prescribe regulations,

pursuant to section 553 of title 5, United States Code, re-

garding any network fee.

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(B) L

IMITATION

.—The authority under subparagraph (A)

to prescribe regulations shall be limited to regulations to

ensure that—

(i) a network fee is not used to directly or indirectly

compensate an issuer with respect to an electronic

debit transaction; and

(ii) a network fee is not used to circumvent or evade

the restrictions of this subsection and regulations pre-

scribed under such subsection.

ULEMAKING REQUIRED

.—The Board shall prescribe

regulations in final form before the end of the 9-month pe-

riod beginning on the date of the enactment of the Con-

sumer Financial Protection Act of 2010, to carry out the

authorities provided under subparagraph (A).

(9) E

FFECTIVE DATE

.—This subsection shall take effect at the

end of the 12-month period beginning on the date of the enact-

ment of the Consumer Financial Protection Act of 2010.

(b) L

IMITATION ON

AYMENT

ARD

ETWORK

ESTRICTIONS

.—

(1) P

ROHIBITIONS AGAINST EXCLUSIVITY ARRANGEMENTS

.—

(A) N

O EXCLUSIVE NETWORK

.—The Board shall, before

the end of the 1-year period beginning on the date of the

enactment of the Consumer Financial Protection Act of

2010, prescribe regulations providing that an issuer or

payment card network shall not directly or through any

agent, processor, or licensed member of a payment card

network, by contract, requirement, condition, penalty, or

otherwise, restrict the number of payment card networks

on which an electronic debit transaction may be processed

to—

(i) 1 such network; or

(ii) 2 or more such networks which are owned, con-

trolled, or otherwise operated by—

(I) affiliated persons; or

(II) networks affiliated with such issuer.

(B) N

O ROUTING RESTRICTIONS

.—The Board shall, before

the end of the 1-year period beginning on the date of the

enactment of the Consumer Financial Protection Act of

2010, prescribe regulations providing that an issuer or

payment card network shall not, directly or through any

agent, processor, or licensed member of the network, by

contract, requirement, condition, penalty, or otherwise, in-

hibit the ability of any person who accepts debit cards for

payments to direct the routing of electronic debit trans-

actions for processing over any payment card network that

may process such transactions.

(2) L

IMITATION ON RESTRICTIONS ON OFFERING DISCOUNTS

FOR USE OF A FORM OF PAYMENT

.—

(A) I

N GENERAL

.—A payment card network shall not, di-

rectly or through any agent, processor, or licensed member

of the network, by contract, requirement, condition, pen-

alty, or otherwise, inhibit the ability of any person to pro-

vide a discount or in-kind incentive for payment by the use

of cash, checks, debit cards, or credit cards to the extent

that—

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(i) in the case of a discount or in-kind incentive for

payment by the use of debit cards, the discount or in-

kind incentive does not differentiate on the basis of

the issuer or the payment card network;

(ii) in the case of a discount or in-kind incentive for

payment by the use of credit cards, the discount or in-

kind incentive does not differentiate on the basis of

the issuer or the payment card network; and

(iii) to the extent required by Federal law and appli-

cable State law, such discount or in-kind incentive is

offered to all prospective buyers and disclosed clearly

and conspicuously.

(B) L

AWFUL DISCOUNTS

.—For purposes of this para-

graph, the network may not penalize any person for the

providing of a discount that is in compliance with Federal

law and applicable State law.

(3) L

IMITATION ON RESTRICTIONS ON SETTING TRANSACTION

MINIMUMS OR MAXIMUMS

.—

(A) I

N GENERAL

.—A payment card network shall not, di-

rectly or through any agent, processor, or licensed member

of the network, by contract, requirement, condition, pen-

alty, or otherwise, inhibit the ability—

(i) of any person to set a minimum dollar value for

the acceptance by that person of credit cards, to the

extent that —

(I) such minimum dollar value does not differen-

tiate between issuers or between payment card

networks; and

(II) such minimum dollar value does not exceed

$10.00; or

(ii) of any Federal agency or institution of higher

education to set a maximum dollar value for the ac-

ceptance by that Federal agency or institution of high-

er education of credit cards, to the extent that such

maximum dollar value does not differentiate between

issuers or between payment card networks.

(B) I

NCREASE IN MINIMUM DOLLAR AMOUNT

.—The Board

may, by regulation prescribed pursuant to section 553 of

title 5, United States Code, increase the amount of the dol-

lar value listed in subparagraph (A)(i)(II).

(4) R

ULE OF CONSTRUCTION

:.—No provision of this subsection

shall be construed to authorize any person—

(A) to discriminate between debit cards within a pay-

ment card network on the basis of the issuer that issued

the debit card; or

(B) to discriminate between credit cards within a pay-

ment card network on the basis of the issuer that issued

the credit card.

EFINITIONS

.—For purposes of this section, the following defi-

nitions shall apply:

(1) A

FFILIATE

.—The term ‘‘affiliate’’ means any company that

controls, is controlled by, or is under common control with an-

other company.

(2) D

EBIT CARD

.—The term ‘‘debit card’’—

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(A) means any card, or other payment code or device,

issued or approved for use through a payment card net-

work to debit an asset account (regardless of the purpose

for which the account is established), whether authoriza-

tion is based on signature, PIN, or other means;

(B) includes a general-use prepaid card, as that term is

defined in section 915(a)(2)(A); and

(3) C

REDIT CARD

.—The term ‘‘credit card’’ has the same

meaning as in section 103 of the Truth in Lending Act.

(4) D

ISCOUNT

.—The term ‘‘discount’’—

(A) means a reduction made from the price that cus-

tomers are informed is the regular price; and

(B) does not include any means of increasing the price

that customers are informed is the regular price.

(5) E

LECTRONIC DEBIT TRANSACTION

.—The term ‘‘electronic

debit transaction’’ means a transaction in which a person uses

a debit card.

(6) F

EDERAL AGENCY

.—The term ‘‘Federal agency’’ means—

(A) an agency (as defined in section 101 of title 31,

United States Code); and

(B) a Government corporation (as defined in section 103

of title 5, United States Code).

(7) I

NSTITUTION OF HIGHER EDUCATION

.—The term ‘‘institu-

tion of higher education’’ has the same meaning as in 101 and

102 of the Higher Education Act of 1965 (20 U.S.C. 1001,

1002).

(8) I

NTERCHANGE TRANSACTION FEE

.—The term ‘‘interchange

transaction fee’’ means any fee established, charged or received

by a payment card network for the purpose of compensating an

issuer for its involvement in an electronic debit transaction.

(9) I

SSUER

.—The term ‘‘issuer’’ means any person who issues

a debit card, or credit card, or the agent of such person with

respect to such card.

(10) N

ETWORK FEE

.—The term ‘‘network fee’’ means any fee

charged and received by a payment card network with respect

to an electronic debit transaction, other than an interchange

transaction fee.

(11) P

AYMENT CARD NETWORK

.—The term ‘‘payment card net-

work’’ means an entity that directly, or through licensed mem-

bers, processors, or agents, provides the proprietary services,

infrastructure, and software that route information and data to

conduct debit card or credit card transaction authorization,

clearance, and settlement, and that a person uses in order to

accept as a form of payment a brand of debit card, credit card

or other device that may be used to carry out debit or credit

transactions.

(d) E

NFORCEMENT

.—

(1) I

N GENERAL

.—Compliance with the requirements imposed

under this section shall be enforced under section 918.

(2) E

XCEPTION

.—Sections 916 and 917 shall not apply with

respect to this section or the requirements imposed pursuant

to this section.

* * * * * * *

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EXPEDITED FUNDS AVAILABILITY ACT

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Expedited Funds Availability Act’’.

* * * * * * *

SEC. 603. EXPEDITED FUNDS AVAILABILITY SCHEDULES.

(a) N

EXT

USINESS

VAILABILITY

ERTAIN

EPOSITS

.—

(1) C

ASH DEPOSITS

;

WIRE TRANSFERS

.—Except as provided in

subsection (e) and in section 604, in any case in which—

(A) any cash is deposited in an account at a receiving de-

pository institution staffed by individuals employed by

such institution, or

(B) funds are received by a depository institution by wire

transfer for deposit in an account at such institution,

such cash or funds shall be available for withdrawal not later

than the business day after the business day on which such

cash is deposited or such funds are received for deposit.

(2) G

OVERNMENT CHECKS

;

CERTAIN OTHER CHECKS

.—Funds

deposited in an account at a depository institution by check

shall be available for withdrawal not later than the business

day after the business day on which such funds are deposited

in the case of—

(A) a check which—

(i) is drawn on the Treasury of the United States;

and

(ii) is endorsed only by the person to whom it was

issued.

(B) a check which—

(i) is drawn by a State;

(ii) is deposited in a receiving depository institution

which is located in such State and is staffed by indi-

viduals employed by such institution;

(iii) is deposited with a special deposit slip which in-

dicates it is a check drawn by a State; and

(iv) is endorsed only by the person to whom it was

issued;

(i) is drawn by a unit of general local government;

(ii) is deposited in a receiving depository institution

which is located in the same State as such unit of gen-

eral local government and is staffed by individuals em-

ployed by such institution;

(iii) is deposited with a special deposit slip which in-

dicates it is a check drawn by a unit of general local

government; and

(iv) is endorsed only by the person to whom it was

issued;

(D) the first $200 deposited by check or checks on any

one business day;

(E) a check deposited in a branch of a depository institu-

tion and drawn on the same or another branch of the same

depository institution if both such branches are located in

the same State or the same check processing region;

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(F) a cashier’s check, certified check, teller’s check, or de-

pository check which—

(i) is deposited in a receiving depository institution

which is staffed by individuals employed by such insti-

tution;

(ii) is deposited with a special deposit slip which in-

dicates it is a cashier’s check, certified check, teller’s

check, or depository check, as the case may be; and

(iii) is endorsed only by the person to whom it was

issued.

(b) P

ERMANENT

CHEDULE

.—

(1) A

VAILABILITY OF FUNDS DEPOSITED BY LOCAL CHECKS

.—

Subject to paragraph (3) of this subsection, subsections (a)(2),

(d), and (e) of this section, and section 604, not more than 1

business day shall intervene between the business day on

which funds are deposited in an account at a depository insti-

tution by a check drawn on a local originating depository insti-

tution and the business day on which the funds involved are

available for withdrawal.

(2) A

VAILABILITY OF FUNDS DEPOSITED BY NONLOCAL

CHECKS

.—Subject to paragraph (3) of this subsection, sub-

sections (a)(2), (d), and (e) of this section, and section 604, not

more than 4 business days shall intervene between the busi-

ness day on which funds are deposited in an account at a de-

pository institution by a check drawn on a nonlocal originating

depository institution and the business day on which such

funds are available for withdrawal.

(3) T

IME PERIOD ADJUSTMENTS FOR CASH WITHDRAWAL OF

CERTAIN CHECKS

.—

(A) I

N GENERAL

.—Except as provided in subparagraph

(B), funds deposited in an account in a depository institu-

tion by check (other than a check described in subsection

(a)(2)) shall be available for cash withdrawal not later

than the business day after the business day on which

such funds otherwise are available under paragraph (1) or

(2).

(B) 5

CASH AVAILABILITY

.—Not more than $400 (or

the maximum amount allowable in the case of a with-

drawal from an automated teller machine but not more

than $400) of funds deposited by one or more checks to

which this paragraph applies shall be available for cash

withdrawal not later than 5 o’clock post meridian of the

business day on which such funds are available under

paragraph (1) or (2). If funds deposited by checks described

in both paragraph (1) and paragraph (2) become available

for cash withdrawal under this paragraph on the same

business day, the limitation contained in this subpara-

graph shall apply to the aggregate amount of such funds.

AVAILABILITY

.—Any amount available for with-

drawal under this paragraph shall be in addition to the

amount available under subsection (a)(2)(D).

(4) A

PPLICABILITY

.—This subsection shall apply with respect

to funds deposited by check in an account at a depository insti-

tution on or after September 1, 1990, except that the Board

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209

may, by regulation, make this subsection or any part of this

subsection applicable earlier than September 1, 1990.

EMPORARY

CHEDULE

.—

(1) A

VAILABILITY OF LOCAL CHECKS

.—

(A) I

N GENERAL

.—Subject to subparagraph (B) of this

paragraph, subsections (a)(2), (d), and (e) of this section,

and section 604, not more than 2 business days shall inter-

vene between the business day on which funds are depos-

ited in an account at a depository institution by a check

drawn on a local originating depository institution and the

business day on which such funds are available for with-

drawal.

(B) T

IME PERIOD ADJUSTMENT FOR CASH WITHDRAWAL OF

CERTAIN CHECKS

.—

(i) I

N GENERAL

.—Except as provided in clause (ii),

funds deposited in an account in a depository institu-

tion by check drawn on a local depository institution

that is not a participant in the same check clearing-

house association as the receiving depository institu-

tion (other than a check described in subsection (a)(2))

shall be available for cash withdrawal not later than

the business day after the business day on which such

funds otherwise are available under subparagraph (A).

(ii) 5

CASH AVAILABILITY

.—Not more than $400

(or the maximum amount allowable in the case of a

withdrawal from an automated teller machine but not

more than $400) of funds deposited by one or more

checks to which this subparagraph applies shall be

available for cash withdrawal not later than 5 o’clock

post meridian of the business day on which such funds

are available under subparagraph (A).

(iii) $200

AVAILABILITY

.—Any amount available for with-

drawal under this subparagraph shall be in addition to the

amount available under subsection (a)(2)(D).

(2) A

VAILABILITY OF NONLOCAL CHECKS

.—Subject to sub-

sections (a)(2), (d), and (e) of this section and section 604, not

more than 6 business days shall intervene between the busi-

ness day on which funds are deposited in an account at a de-

pository institution by a check drawn on a nonlocal originating

depository institution and the business day on which such

funds are available for withdrawal.

(3) A

PPLICABILITY

.—This subsection shall apply with respect

to funds deposited by check in an account at a depository insti-

tution after August 31, 1988, and before September 1, 1990,

except as may be otherwise provided under subsection (b)(4).

(d) T

IME

ERIOD

DJUSTMENTS

.—

(1) R

EDUCTION GENERALLY

.—Notwithstanding any other pro-

vision of law, the Board, jointly with the øDirector of the Bu-

reau¿ Bureau of Consumer Financial Protection, shall, by regu-

lation, reduce the time periods established under subsections

(b), (c), and (e) to as short a time as possible and equal to the

period of time achievable under the improved check clearing

system for a receiving depository institution to reasonably ex-

pect to learn of the nonpayment of most items for each cat-

egory of checks.

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(2) E

XTENSION FOR CERTAIN DEPOSITS IN NONCONTIGUOUS

STATES OR TERRITORIES

.—Notwithstanding any other provision

of law, any time period established under subsection (b), (c), or

(e) shall be extended by 1 business day in the case of any de-

posit which is both—

(A) deposited in an account at a depository institution

which is located in Alaska, Hawaii, Puerto Rico, American

Samoa, the Commonwealth of the Northern Mariana Is-

lands, Guam, or the Virgin Islands; and

(B) deposited by a check drawn on an originating deposi-

tory institution which is not located in the same State,

commonwealth, or territory as the receiving depository in-

stitution.

(e) D

EPOSITS AT AN

ATM.—

(1) N

ONPROPRIETARY ATM

.—

(A) I

N GENERAL

.—Not more than 4 business days shall

intervene between the business day a deposit described in

subparagraph (B) is made at a nonproprietary automated

teller machine (for deposit in an account at a depository

institution) and the business day on which funds from

such deposit are available for withdrawal.

(B) D

EPOSITS DESCRIBED IN THIS PARAGRAPH

.—A deposit

is described in this subparagraph if it is—

(i) a cash deposit;

(ii) a deposit made by a check described in sub-

section (a)(2);

(iii) a deposit made by a check drawn on a local orig-

inating depository institution (other than a check de-

scribed in subsection (a)(2)); or

(iv) a deposit made by a check drawn on a nonlocal

originating depository institution (other than a check

described in subsection (a)(2)).

(2) P

ROPRIETARY ATM

—

TEMPORARY AND PERMANENT SCHED

ULES

.—The provisions of subsections (a), (b), and (c) shall

apply with respect to any funds deposited at a proprietary

auto- mated teller machine for deposit in an account at a de-

pository institution.

(3) S

TUDY AND REPORT ON ATM

’

.—The Board shall, either di-

rectly or through the Consumer Advisory Council, establish

and maintain a dialogue with depository institutions and their

suppliers on the computer software and hardware available for

use by automated teller machines, and shall, not later than

September 1 of each of the first 3 calendar years beginning

after the date of the enactment of this title, report to the Con-

gress regarding such software and hardware and regarding the

potential for improving the processing of automated teller ma-

chine deposits.

(f) C

HECK

ETURN

; N

OTICE OF

ONPAYMENT

.—No provision of

this section shall be construed as requiring that, with respect to all

checks deposited in a receiving depository institution—

(1) such checks be physically returned to such depository in-

stitution; or

(2) any notice of nonpayment of any such check be given to

such depository institution within the times set forth in sub-

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211

section (a), (b), (c), or (e) or in the regulations issued under any

such subsection.

SEC. 604. SAFEGUARD EXCEPTIONS.

(a) N

CCOUNTS

.—Notwithstanding section 603, in the case of

any account established at a depository institution by a new deposi-

tor, the following provisions shall apply with respect to any deposit

in such account during the 30-day period (or such shorter period

as the Board, jointly with the øDirector of the Bureau¿ Bureau of

Consumer Financial Protection, may establish) beginning on the

date such account is established—

(1) N

EXT BUSINESS DAY AVAILABILITY OF CASH AND CERTAIN

ITEMS

.—Except as provided in paragraph (3), in the case of—

(A) any cash deposited in such account;

(B) any funds received by such depository institution by

wire transfer for deposit in such account;

check, certified check, teller’s check, depository check, or

traveler’s check; and

(D) any funds deposited by a government check which is

described in subparagraph (A), (B), or (C) of section

603(a)(2),

such cash or funds shall be available for withdrawal on the

business day after the business day on which such cash or

funds are deposited or, in the case of a wire transfer, on the

business day after the business day on which such funds are

received for deposit.

(2) A

VAILABILITY OF OTHER ITEMS

.—In the case of any funds

deposited in such account by a check (other than a check de-

scribed in subparagraph (C) or (D) of paragraph (1)), the avail-

ability for withdrawal of such funds shall not be subject to the

provisions of section 603(b), 603(c), or paragraphs (1) of section

603(e).

(3) L

IMITATION RELATING TO CERTAIN CHECKS IN EXCESS OF

000

.—In the case of funds deposited in such account during

such period by checks described in subparagraph (C) or (D) of

paragraph (1) the aggregate amount of which exceeds $5,000—

(A) paragraph (1) shall apply only with respect to the

first $5,000 of such aggregate amount; and

(B) not more than 8 business days shall intervene be-

tween the business day on which any such funds are de-

posited and the business day on which such excess amount

shall be available for withdrawal.

(b) L

ARGE OR

EDEPOSITED

HECKS

; R

EPEATED

VERDRAFTS

.—

The Board, jointly with the øDirector of the Bureau¿ Bureau of

Consumer Financial Protection, may, by regulation, establish rea-

sonable exceptions to any time limitation established under sub-

section (a)(2), (b), (c), or (e) of section 603 for—

(1) the amount of deposits by one or more checks that ex-

ceeds the amount of $5,000 in any one day;

(2) checks that have been returned unpaid and redeposited;

and

(3) deposit accounts which have been overdrawn repeatedly.

EASONABLE

AUSE

XCEPTION

.—

(1) I

N GENERAL

.—In accordance with regulations which the

Board, jointly with the øDirector of the Bureau¿ Bureau of

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Consumer Financial Protection, shall prescribe, subsections

(a)(2), (b), (c), and (e) of section 603 shall not apply with re-

spect to any check deposited in an account at a depository in-

stitution if the receiving depository institution has reasonable

cause to believe that the check is uncollectible from the origi-

nating depository institution. For purposes of the preceding

sentence, reasonable cause to believe requires the existence of

facts which would cause a well-grounded belief in the mind of

a reasonable person. Such reasons shall be included in the no-

tice required under sub- section (f).

(2) B

ASIS FOR DETERMINATION

.—No determination under this

subsection may be based on any class of checks or persons.

(3) O

VERDRAFT FEES

.—If the receiving depository institution

determines that a check deposited in an account is a check de-

scribed in paragraph (1), the receiving depository institution

shall not assess any fee for any subsequent overdraft with re-

spect to such account, if—

(A) the depositor was not provided with the written no-

tice required under subsection (f) (with respect to such de-

termination) at the time the deposit was made;

(B) the overdraft would not have occurred but for the

fact that the funds so deposited are not available; and

nating depository institution.

(4) C

OMPLIANCE

.—Each agency referred to in section 610(a)

shall monitor compliance with the requirements of this sub-

section in each regular examination of a depository institution

and shall describe in each report to the Congress the extent to

which this subsection is being complied with. For the purpose

of this paragraph, each depository institution shall retain a

record of each notice provided under subsection (f) as a result

of the application of this subsection.

(d) E

MERGENCY

ONDITIONS

.—Subject to such regulations as the

Board, jointly with the øDirector of the Bureau¿ Bureau of Con-

sumer Financial Protection, may prescribe, subsections (a)(2), (b),

(c), and (e) of section 603 shall not apply to funds deposited by

check in any receiving depository institution in the case of—

(1) any interruption of communication facilities;

(2) suspension of payments by another depository institution;

(3) any war; or

(4) any emergency condition beyond the control of the receiv-

ing depository institution,

if the receiving depository institution exercises such diligence as

the circumstances require.

(e) P

REVENTION OF

RAUD

OSSES

.—

(1) I

N GENERAL

.—The Board, jointly with the øDirector of the

Bureau¿ Bureau of Consumer Financial Protection, may, by

regulation or order, suspend the applicability of this title, or

any portion thereof, to any classification of checks if the Board,

jointly with the øDirector of the Bureau¿ Bureau of Consumer

Financial Protection, determines that—

(A) depository institutions are experiencing an unaccept-

able level of losses due to check-related fraud, and

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(B) suspension of this title, or such portion of this title,

with regard to the classification of checks involved in such

fraud is necessary to diminish the volume of such fraud.

(2) S

UNSET PROVISION

.—No regulation prescribed or order

issued under paragraph (1) shall remain in effect for more

than 45 days (excluding Saturdays, Sundays, legal holidays, or

any day either House of Congress is not in session).

(3) R

EPORT TO CONGRESS

.—

(A) N

OTICE OF EACH SUSPENSION

.—Within 10 days of

prescribing any regulation or issuing any order under

paragraph (1), the Board, jointly with the øDirector of the

Bureau¿ Bureau of Consumer Financial Protection, shall

transmit a report of such action to the Committee on

Banking, Finance and Urban Affairs of the House of Rep-

resentatives and the Committee on Banking, Housing, and

Urban Affairs of the Senate.

(B) C

ONTENTS OF REPORT

.—Each report under subpara-

graph (A) shall contain—

(i) the specific reason for prescribing the regulation

or issuing the order;

(ii) evidence considered by the Board, jointly with

the øDirector of the Bureau¿ Bureau of Consumer Fi-

nancial Protection, in making the determination under

paragraph (1) with respect to such regulation or order;

and

(iii) specific examples of the check-related fraud giv-

ing rise to such regulation or order.

(f) N

OTICE OF

XCEPTION

; A

VAILABILITY

ITHIN

EASONABLE

IME

.—

(1) I

N GENERAL

.—If any exception contained in this section

(other than subsection (a)) applies with respect to funds depos-

ited in an account at a depository institution—

(A) the depository institution shall provide notice in the

manner provided in paragraph (2) of—

(i) the time period within which the funds shall be

made available for withdrawal; and

(ii) the reason the exception was invoked; and

(B) except where other time periods are specifically pro-

vided in this title, the availability of the funds deposited

shall be governed by the policy of the receiving depository

institution, but shall not exceed a reasonable period of

time as determined by the Board, jointly with the øDirec-

tor of the Bureau¿ Bureau of Consumer Financial Protec-

tion.

(2) T

IME FOR NOTICE

.—The notice required under paragraph

(1)(A) with respect to a deposit to which an exception contained

in this section applies shall be made by the time provided in

the following subparagraphs:

(A) In the case of a deposit made in person by the de-

positor at the receiving depository institution, the deposi-

tory institution shall immediately provide such notice in

writing to the depositor.

(B) In the case of any other deposit (other than a deposit

described in subparagraph (C)), the receiving depository

institution shall mail the notice to the depositor not later

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than the close of the next business day following the busi-

ness day on which the deposit is received.

applies, notice shall be provided by the depository institu-

tion in accordance with regulations of the Board, jointly

with the øDirector of the Bureau¿ Bureau of Consumer Fi-

nancial Protection.

(D) In the case of a deposit to which subsection (b)(1) or

(b)(2) applies, the depository institution may, for noncon-

sumer accounts and other classes of accounts, as defined

by the Board, that generally have a large number of such

deposits, provide notice at or before the time it first deter-

mines that the subsection applies.

(E) In the case of a deposit to which subsection (b)(3) ap-

plies, the depository institution may, subject to regulations

of the Board, provide notice at the beginning of each time

period it determines that the subsection applies. In addi-

tion to the requirements contained in paragraph (1)(A), the

notice shall specify the time period for which the exception

will apply.

(3) S

UBSEQUENT DETERMINATIONS

.—If the facts upon which

the determination of the applicability of an exception contained

in subsection (b) or (c) to any deposit only become known to the

receiving depository institution after the time notice is re-

quired under paragraph (2) with respect to such deposit, the

depository institution shall mail such notice to the depositor as

soon as practicable, but not later than the first business day

following the day such facts become known to the depository

institution.

SEC. 605. DISCLOSURE OF FUNDS AVAILABILITY

POLICIES.

(a) N

OTICE FOR

CCOUNTS

.—Before an account is opened at

a depository institution, the depository institution shall provide

written notice to the potential customer of the specific policy of

such depository institution with respect to when a customer may

withdraw funds deposited into the customer’s account.

(b) P

REPRINTED

EPOSIT

LIPS

.—All preprinted deposit slips that

a depository institution furnishes to its customers shall contain a

summary notice, as prescribed by the Board, jointly with the øDi-

rector of the Bureau¿ Bureau of Consumer Financial Protection, in

regulations, that deposited items may not be available for imme-

diate withdrawal.

AILING OF

OTICE

.—

(1) F

IRST MAILING AFTER ENACTMENT

.—In the first regularly

scheduled mailing to customers occurring after the effective

date of this section, but not more than 60 days after such effec-

tive date, each depository institution shall send a written no-

tice containing the specific policy of such depository institution

with respect to when a customer may withdraw funds depos-

ited into such customer’s account, unless the depository institu-

tion has provided a disclosure which meets the requirements

of this section before such effective date.

(2) S

UBSEQUENT CHANGES

.—A depository institution shall

send a written notice to customers at least 30 days before im-

plementing any change to the depository institution’s policy

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with respect to when customers may withdraw funds deposited

into consumer accounts, except that any change which expe-

dites the availability of such funds shall be disclosed not later

than 30 days after implementation.

(3) U

PON REQUEST

.—Upon the request of any person, a de-

pository institution shall provide or send such person a written

notice containing the specific policy of such depository institu-

tion with respect to when a customer may withdraw funds de-

posited into a customer’s account.

(d) P

OSTING OF

OTICE

.—

(1) S

PECIFIC NOTICE AT MANNED TELLER STATIONS

.—Each de-

pository institution shall post, in a conspicuous place in each

location where deposits are accepted by individuals employed

by such depository institution, a specific notice which describes

the time periods applicable to the availability of funds depos-

ited in a consumer account.

(2) G

ENERAL NOTICE AT AUTOMATED TELLER MACHINES

.—In

the case of any automated teller machine at which any funds

are received for deposit in an account at any depository institu-

tion, the Board, jointly with the øDirector of the Bureau¿ Bu-

reau of Consumer Financial Protection, shall prescribe, by reg-

ulations, that the owner or operator of such automated teller

machine shall post or provide a general notice that funds de-

posited in such machine may not be immediately available for

withdrawal.

(e) N

OTICE OF

NTEREST

AYMENT

OLICY

.—If a depository insti-

tution described in section 606(b) begins the accrual of interest or

dividends at a later date than the date described in section 606(a)

with respect to all funds, including cash, deposited in an interest-

bearing account at such depository institution, any notice required

to be provided under subsections (a) and (c) shall contain a written

description of the time at which such depository institution begins

to accrue interest or dividends on such funds.

(f) M

ODEL

ISCLOSURE

ORMS

.—

(1) P

REPARED BY BOARD AND BUREAU

.—The Board, jointly

with the øDirector of the Bureau¿ Bureau of Consumer Finan-

cial Protection, shall publish model disclosure forms and

clauses for common transactions to facilitate compliance with

the disclosure requirements of this section and to aid cus-

tomers by utilizing readily understandable language.

(2) U

SE OF FORMS TO ACHIEVE COMPLIANCE

.—A depository in-

stitution shall be deemed to be in compliance with the require-

ments of this section if such institution—

(A) uses any appropriate model form or clause as pub-

lished by the Board, jointly with the øDirector of the Bu-

reau¿ Bureau of Consumer Financial Protection,, or

(B) uses any such model form or clause and changes

such form or clause by—

(i) deleting any information which is not required by

this title; or

(ii) rearranging the format.

(3) V

OLUNTARY USE

.—Nothing in this title requires the use

of any such model form or clause prescribed by the Board,

jointly with the øDirector of the Bureau¿ Bureau of Consumer

Financial Protection, under this subsection.

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(4) N

OTICE AND COMMENT

.—Model disclosure forms and

clauses shall be adopted by the Board, jointly with the øDirec-

tor of the Bureau¿ Bureau of Consumer Financial Protection,

only after notice duly given in the Federal Register and an op-

portunity for public comment in accordance with section 553 of

title 5, United States Code.

* * * * * * *

SEC. 609. REGULATIONS AND REPORTS BY BOARD.

(a) I

ENERAL

.—After notice and opportunity to submit com-

ment in accordance with section 553(c) of title 5, United States

Code, the Board, jointly with the øDirector of the Bureau¿ Bureau

of Consumer Financial Protection, shall prescribe regulations—

(1) to carry out the provisions of this title;

(2) to prevent the circumvention or evasion of such provi-

sions; and

(3) to facilitate compliance with such provisions.

(b) R

EGULATIONS

ELATING TO

MPROVEMENT OF

HECK

ROC

ESSING

YSTEM

.—In order to improve the check processing system,

the Board shall consider (among other proposals) requiring, by reg-

ulation, that—

(1) depository institutions be charged based upon notification

that a check or similar instrument will be presented for pay-

ment;

(2) the Federal Reserve banks and depository institutions

provide for check truncation;

(3) depository institutions be provided incentives to return

items promptly to the depository institution of first deposit;

(4) the Federal Reserve banks and depository institutions

take such actions as are necessary to automate the process of

returning unpaid checks,

(5) each depository institution and Federal Reserve bank—

(A) place its endorsement, and other notations specified

in regulations of the Board, on checks in the positions

specified in such regulations; and

(B) take such actions as are necessary to—

(i) automate the process of reading endorsements;

and

(ii) eliminate unnecessary endorsements;

(6) within one business day after an originating depository

institution is presented a check (for more than such minimum

amount as the Board may prescribe)—

(A) such originating depository institution determine

whether it will pay such check; and

(B) if such originating depository institution determines

that it will not pay such check, such originating depository

institution directly notify the receiving depository institu-

tion of such determination;

(7) regardless of where a check is cleared initially, all re-

turned checks be eligible to be returned through the Federal

Reserve System;

(8) Federal Reserve banks and depository institutions par-

ticipate in the development and implementation of an elec-

tronic clearinghouse process to the extent the Board deter-

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217

mines, pursuant to the study under subsection (f), that such a

process is feasible; and

(9) originating depository institutions be permitted to return

unpaid checks directly to, and obtain reimbursement for such

checks directly from, the receiving depository institution.

EGULATORY

ESPONSIBILITY OF

OARD FOR

AYMENT

TEM

.—

(1) R

ESPONSIBILITY FOR PAYMENT SYSTEM

.—In order to carry

out the provisions of this title, the Board of Governors of the

Federal Reserve System shall have the responsibility to regu-

late—

(A) any aspect of the payment system, including the re-

ceipt, payment, collection, or clearing of checks; and

(B) any related function of the payment system with re-

spect to checks.

(2) R

EGULATIONS

.—The Board shall prescribe such regula-

tions as it may determine to be appropriate to carry out its re-

sponsibility under paragraph (1).

(d) R

EPORTS

.—

(1) I

MPLEMENTATION PROGRESS REPORTS

.—

(A) R

EQUIRED REPORTS

.—The Board shall transmit a re-

port to both Houses of the Congress not later than 18, 30,

and 48 months after the date of the enactment of this title.

(B) C

ONTENTS OF REPORT

.—Each such report shall de-

scribe—

(i) the actions taken and progress made by the

Board to implement the schedules established in sec-

tion 603, and

(ii) the impact of this title on consumers and deposi-

tory institutions.

(2) E

VALUATION OF TEMPORARY SCHEDULE REPORT

.—

(A) R

EPORT REQUIRED

.—The Board shall transmit a re-

port to both Houses of the Congress not later than 2 years

after the date of the enactment of this title regarding the

effects the temporary schedule established under section

603(c) have had on depository institutions and the public.

(B) C

ONTENTS OF REPORT

.—Such report shall also assess

the potential impact the implementation of the schedule

established in section 603(b) will have on depository insti-

tutions and the public, including an estimate of the risks

to and losses of depository institutions and the benefits to

consumers. Such report shall also contain such rec-

ommendations for legislative or administrative action as

the Board may determine to be necessary.

(3) C

OMPTROLLER GENERAL EVALUATION REPORT

.—Not later

than 6 months after section 603(b) takes effect, the Comp-

troller General of the United States shall transmit a report to

the Congress evaluating the implementation and administra-

tion of this title.

(e) C

ONSULTATIONS

.—In prescribing regulations under sub-

sections (a) and (b), the Board and the øDirector of the Bureau¿

Bureau of Consumer Financial Protection, in the case of subsection

(a), and the Board, in the case of subsection (b), shall consult with

the Comptroller of the Currency, the Board of Directors of the Fed-

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eral Deposit Insurance Corporation, and the National Credit Union

Administration Board.

(f) E

LECTRONIC

LEARINGHOUSE

TUDY

.—

(1) S

TUDY REQUIRED

.—The Board shall study the feasibility

of modernizing and accelerating the check payment system

through the development of an electronic clearinghouse process

utilizing existing telecommunications technology to avoid the

necessity of actual presentment of the paper instrument to a

payor institution before such institution is charged for the

item.

(2) C

ONSULTATION

;

FACTORS TO BE STUDIED

.—In connection

with the study required under paragraph (1), the Board shall—

(A) consult with appropriate experts in telecommuni-

cations technology; and

(B) consider all practical and legal impediments to the

development of an electronic clearinghouse process.

(3) R

EPORT REQUIRED

.—The Board shall report its conclu-

sions to the Congress within 9 months of the date of the enact-

ment of this title.

* * * * * * *

FEDERAL DEPOSIT INSURANCE ACT

* * * * * * *

SEC. 2. MANAGEMENT.

(a) B

OARD OF

IRECTORS

.—

(1) I

N GENERAL

.—The management of the Corporation shall

be vested in a Board of Directors consisting of 5 members—

(A) 1 of whom shall be the Comptroller of the Currency;

(B) 1 of whom shall be the øDirector of the Consumer Fi-

nancial Protection Bureau¿ Chair of the Bureau of Con-

sumer Financial Protection; and

and with the advice and consent of the Senate, from

among individuals who are citizens of the United States,

1 of whom shall have State bank supervisory experience.

(2) P

OLITICAL AFFILIATION

.—After February 28, 1993, not

more than 3 of the members of the Board of Directors may be

members of the same political party.

(b) C

HAIRPERSON AND

ICE

HAIRPERSON

.—

(1) C

HAIRPERSON

.—1 of the appointed members shall be des-

ignated by the President, by and with the advice and consent

of the Senate, to serve as Chairperson of the Board of Directors

for a term of 5 years.

(2) V

ICE CHAIRPERSON

.—1 of the appointed members shall be

designated by the President, by and with the advice and con-

sent of the Senate, to serve as Vice Chairperson of the Board

of Directors.

(3) A

CTING CHAIRPERSON

.—In the event of a vacancy in the

position of Chairperson of the Board of Directors or during the

absence or disability of the Chairperson, the Vice Chairperson

shall act as Chairperson.

ERMS

.—

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(1) A

PPOINTED MEMBERS

.—Each appointed member shall be

appointed for a term of 6 years.

(2) I

NTERIM APPOINTMENTS

.—Any member appointed to fill a

vacancy occurring before the expiration of the term for which

such member’s predecessor was appointed shall be appointed

only for the remainder of such term.

(3) C

ONTINUATION OF SERVICE

.—The Chairperson, Vice

Chairperson, and each appointed member may continue to

serve after the expiration of the term of office to which such

member was appointed until a successor has been appointed

and qualified.

(d) V

ACANCY

.—

(1) I

N GENERAL

.—Any vacancy on the Board of Directors

shall be filled in the manner in which the original appointment

was made.

(2) A

CTING OFFICIALS MAY SERVE

.—In the event of a vacancy

in the office of the Comptroller of the Currency or the office of

øDirector of the Consumer Financial Protection Bureau¿ Chair

of the Bureau of Consumer Financial Protection and pending

the appointment of a successor, or during the absence or dis-

ability of the Comptroller of the Currency or the øDirector of

the Consumer Financial Protection Bureau¿ Chair of the Bu-

reau of Consumer Financial Protection, the acting Comptroller

of the Currency or the acting øDirector of the Consumer Finan-

cial Protection Bureau¿ Chair of the Bureau of Consumer Fi-

nancial Protection, as the case may be, shall be a member of

the Board of Directors in the place of the Comptroller or Direc-

tor.

(e) I

NELIGIBILITY FOR

THER

FFICES

.—

(1) P

OSTSERVICE RESTRICTION

.—

(A) I

N GENERAL

.—No member of the Board of Directors

may hold any office, position, or employment in any in-

sured depository institution or any depository institution

holding company during—

(i) the time such member is in office; and

(ii) the 2-year period beginning on the date such

member ceases to serve on the Board of Directors.

(B) E

XCEPTION FOR MEMBERS WHO SERVE FULL TERM

.—

The limitation contained in subparagraph (A)(ii) shall not

apply to any member who has ceased to serve on the

Board of Directors after serving the full term for which

such member was appointed.

(2) R

ESTRICTION DURING SERVICE

.—No member of the Board

of Directors may—

(A) be an officer or director of any insured depository in-

stitution, depository institution holding company, Federal

Reserve bank, or Federal home loan bank; or

(B) hold stock in any insured depository institution or

depository institution holding company.

(3) C

ERTIFICATION

.—Upon taking office, each member of the

Board of Directors shall certify under oath that such member

has complied with this subsection and such certification shall

be filed with the secretary of the Board of Directors.

(f) S

TATUS OF

MPLOYEES

.—

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(1) I

N GENERAL

.—A director, member, officer, or employee of

the Corporation has no liability under the Securities Act of

1933 with respect to any claim arising out of or resulting from

any act or omission by such person within the scope of such

person’s employment in connection with any transaction in-

volving the disposition of assets (or any interests in any assets

or any obligations backed by any assets) by the Corporation.

This subsection shall not be construed to limit personal liabil-

ity for criminal acts or omissions, willful or malicious mis-

conduct, acts or omissions for private gain, or any other acts

or omissions outside the scope of such person’s employment.

(2) D

EFINITION

.—For purposes of this subsection, the term

‘‘employee of the Corporation’’ includes any employee of the Of-

fice of the Comptroller of the Currency or of the Consumer Fi-

nancial Protection Bureau who serves as a deputy or assistant

to a member of the Board of Directors of the Corporation in

connection with activities of the Corporation.

(3) E

FFECT ON OTHER LAW

.—This subsection does not affect—

(A) any other immunities and protections that may be

available to such person under applicable law with respect

to such transactions, or

(B) any other right or remedy against the Corporation,

against the United States under applicable law, or against

any person other than a person described in paragraph (1)

participating in such transactions.

This subsection shall not be construed to limit or alter in any

way the immunities that are available under applicable law for

Federal officials and employees not described in this sub-

section.

* * * * * * *

FEDERAL FINANCIAL INSTITUTIONS EXAMINATION

COUNCIL ACT OF 1978

* * * * * * *

TITLE X—FEDERAL FINANCIAL INSTITUTIONS

EXAMINATION COUNCIL

* * * * * * *

ESTABLISHMENT OF THE COUNCIL

. 1004. (a) There is established the Financial Institutions Ex-

amination Council which shall consist of—

(1) the Comptroller of the Currency,

(2) the Chairman of the Board of Directors of the Federal De-

posit Insurance Corporation,

(3) a Governor of the Board of Governors of the Federal Re-

serve System designated by the Chairman of the Board,

(4) the øDirector of the Consumer Financial Protection Bu-

reau¿ Chair of the Bureau of Consumer Financial Protection,

(5) the Chairman of the National Credit Union Administra-

tion Board, and

(6) the Chairman of the State Liaison Committee.

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(b) The members of the Council shall select the first chairman of

the Council. Thereafter the chairmanship shall rotate among the

members of the Council.

(d) The members of the Council may, from time to time, des-

ignate other officers or employees of their respective agencies to

carry out their duties on the Council.

(e) Each member of the Council shall serve without additional

compensation but shall be entitled to reasonable expenses incurred

in carrying out his official duties a such a member.

* * * * * * *

FINANCIAL LITERACY AND EDUCATION IMPROVEMENT

ACT

* * * * * * *

TITLE V—FINANCIAL LITERACY AND

EDUCATION IMPROVEMENT

* * * * * * *

SEC. 513. ESTABLISHMENT OF FINANCIAL LITERACY AND EDUCATION

COMMISSION.

(a) I

ENERAL

.—There is established a commission to be known

as the ‘‘Financial Literacy and Education Commission’’.

(b) P

URPOSE

.—The Commission shall serve to improve the finan-

cial literacy and education of persons in the United States through

development of a national strategy to promote financial literacy

and education.

EMBERSHIP

.—

(1) C

OMPOSITION

.—The Commission shall be composed of—

(A) the Secretary of the Treasury;

(B) the respective head of each of the Federal banking

agencies (as defined in section 3 of the Federal Deposit In-

surance Act), the National Credit Union Administration,

the Securities and Exchange Commission, each of the De-

partments of Education, Agriculture, Defense, Health and

Human Services, Housing and Urban Development, Labor,

and Veterans Affairs, the Federal Trade Commission, the

General Services Administration, the Small Business Ad-

ministration, the Social Security Administration, the Com-

modity Futures Trading Commission, and the Office of

Personnel Management;

nancial Protection; and

(D) at the discretion of the President, not more than 5

individuals appointed by the President from among the ad-

ministrative heads of any other Federal agencies, depart-

ments, or other Federal Government entities, whom the

President determines to be engaged in a serious effort to

improve financial literacy and education.

(2) A

LTERNATES

.—Each member of the Commission may des-

ignate an alternate if the member is unable to attend a meet-

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ing of the Commission. Such alternate shall be an individual

who exercises significant decisionmaking authority.

(d) C

HAIRPERSON

.—The Secretary of the Treasury shall serve as

the Chairperson. The øDirector¿ Chair of the Bureau of Consumer

Financial Protection shall serve as the Vice Chairman.

(e) M

EETINGS

.—The Commission shall hold, at the call of the

Chairperson, at least 1 meeting every 4 months. All such meetings

shall be open to the public. The Commission may hold, at the call

of the Chairperson, such other meetings as the Chairperson sees fit

to carry out this title.

(f) Q

UORUM

.—A majority of the members of the Commission shall

constitute a quorum, but a lesser number of members may hold

hearings.

(g) I

NITIAL

EETING

.—The Commission shall hold its first meet-

ing not later than 60 days after the date of enactment of this Act.

* * * * * * *

HOME MORTGAGE DISCLOSURE ACT OF 1975

TITLE III—HOME MORTGAGE DISCLOSURE

* * * * * * *

SEC. 307. COMPLIANCE IMPROVEMENT METHODS.

(a) I

ENERAL

.—

(1) C

ONSULTATION REQUIRED

.—The øDirector of the Bureau

of Consumer Financial Protection¿ Bureau of Consumer Finan-

cial Protection, with the assistance of the Secretary, the Direc-

tor of the Bureau of the Census, the Board of Governors of the

Federal Reserve System, the Federal Deposit Insurance Cor-

poration, and such other persons as the Bureau deems appro-

priate, shall develop or assist in the improvement of, methods

of matching addresses and census tracts to facilitate compli-

ance by depository institutions in as economical a manner as

possible with the requirements of this title.

(2) A

UTHORIZATION OF APPROPRIATIONS

.—There are author-

ized to be appropriated, such sums as may be necessary to

carry out this subsection.

(3) C

ONTRACTING AUTHORITY

.—The øDirector of the Bureau

of Consumer Financial Protection¿ Bureau of Consumer Finan-

cial Protection is authorized to utilize, contract with, act

through, or compensate any person or agency in order to carry

out this subsection.

(b) R

ECOMMENDATIONS TO

ONGRESS

.—The øDirector of the Bu-

reau of Consumer Financial Protection¿ Bureau of Consumer Fi-

nancial Protection shall recommend to the Committee on Banking,

Housing, and Urban Affairs of the Senate and the Committee on

Financial Services of the House of Representatives, such additional

legislation as the øDirector of the Bureau of Consumer Financial

Protection¿ Bureau of Consumer Financial Protection deems appro-

priate to carry out the purpose of this title.

* * * * * * *

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INTERSTATE LAND SALES FULL DISCLOSURE ACT

* * * * * * *

TITLE XIV—INTERSTATE LAND SALES

SHORT TITLE

. 1401. This title may be cited as the ‘‘Interstate Land Sales

Full Disclosure Act.’’

DEFINITIONS

. 1402. For the purposes of this title, the term—

ø(1) ‘‘Director’’ means the Director of the Bureau of Con-

sumer Financial Protection;¿

ø(2)¿ (1) ‘‘person’’ means an individual, or an unincorporated

organization, partnership, association, corporation, trust, or es-

tate;

ø(3)¿ (2) ‘‘subdivision’’ means any land which is located in

any State or in a foreign country and is divided or is proposed

to be divided into lots, whether contiguous or not, for the pur-

pose of sale or lease as part of a common promotional plan;

ø(4)¿ (3) ‘‘common promotional plan’’ means a plan, under-

taken by a single developer or a group of developers acting in

concert, to offer lots for sale or lease; where such land is of-

fered for sale by such a developer or group of developers acting

in concert, and such land is contiguous or is known, des-

ignated, or advertised as a common unit or by a common name,

such land shall be presumed, without regard to the number of

lots covered by each individual offering, as being offered for

sale or lease as part of a common promotional plan;

ø(5)¿ (4) ‘‘developer’’ means any person who, directly or indi-

rectly, sells or leases, or offers to sell or lease, or advertises for

sale or lease any lots in a subdivision;

ø(6)¿ (5) ‘‘agent’’ means any person who represents, or acts

for or on behalf of, a developer in selling or leasing, or offering

to sell or lease, any lot or lots in a subdivision; but shall not

include an attorney at law whose representation or another

person consists solely of rendering legal services;

ø(7)¿ (6) ‘‘blanket encumbrance’’ means a trust deed, mort-

gage, judgment, or any other lien or encumbrance, including an

option or contract to sell or a trust agreement, affecting a sub-

division or affecting more than one lot offered within a subdivi-

sion, except that such term shall not include any lien or other

encumbrance arising as the result of the imposition of any tax

assessment by any public authority;

ø(8)¿ (7) ‘‘interstate commerce’’ means trade or commerce

among the several states or between any foreign country and

any state;

ø(9)¿ (8) ‘‘State’’ includes the several States, the District of

Columbia, the Commonwealth of Puerto Rico, and the terri-

tories and possessions of the United States;

ø(10)¿ (9) ‘‘purchaser’’ means an actual or prospective pur-

chaser or lessee of any lot in a subdivision;

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ø(11)¿ (10) ‘‘offer’’ includes any inducement, solicitation, or

attempt to encourage a person to acquire a lot in a subdivision;

and

ø(12)¿ (11) ‘‘Bureau’’ means the Bureau of Consumer Finan-

cial Protection.

EXEMPTIONS

. 1403. (a) Unless the method of disposition is adopted for the

purpose of evasion of this title, the provisions of this title shall not

apply to—

(1) the sale or lease of lots in a subdivision containing less

than twenty-five lots;

(2) the sale or lease of any improved land on which there is

a residential, commercial, condominium, or industrial building,

or the sale or lease of land under a contract obligating the sell-

er or lessor to erect such a building thereon within a period of

two years;

(3) the sale of evidences of indebtedness secured by a mort-

gage or deed of trust on real estate;

(4) the sale of securities issued by a real estate investment

trust;

(5) the sale or lease of real estate by any government or gov-

ernment agency;

(6) the sale or lease of cemetery lots;

(7) the sale or lease of lots to any person who acquires such

lots for the purpose of engaging in the business of constructing

residential, commercial, or industrial buildings or for the pur-

pose of resale or lease of such lots to persons engaged in such

business; or

(8) the sale or lease of real estate which is zoned by the ap-

propriate governmental authority for industrial or commercial

development or which is restricted to such use by a declaration

of covenants, conditions, and restrictions which has been re-

corded in the official records of the city or county in which such

real estate is located, when—

(A) local authorities have approved access from such real

estate to a public street or highway;

(B) the purchaser or lessee of such real estate is a duly

organized corporation, partnership, trust, or business enti-

ty engaged in commercial or industrial business;

resented in the transaction of sale or lease by a represent-

ative of its own selection;

(D) the purchaser or lessee of such real estate affirms in

writing to the seller or lessor that it either (i) is pur-

chasing or leasing such real estate substantially for its

own use, or (ii) has a binding commitment to sell, lease,

or sublease such real estate to an entity which meets the

requirements of subparagraph (B), is engaged in commer-

cial or industrial business, and is not affiliated with the

seller, lessor, or agent thereof; and

(E) a policy of title insurance or a title opinion is issued

in connection with the transaction showing that title to the

real estate purchased or leased is vested in the seller or

lessor, subject only to such exceptions as may be approved

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in writing by such purchaser or the lessee prior to recorda-

tion of the instrument of conveyance or execution of the

lease, but (i) nothing herein shall be construed as requir-

ing the recordation of a lease, and (ii) any purchaser or

lessee may waive, in writing in a separate document, the

requirement of this subparagraph that a policy of title in-

surance or title opinion be issued in connection with the

transaction.

(b) Unless the method of disposition is adopted for the purpose

of evasion of this title, the provisions requiring registration and

disclosure (as specified in section 1404(a)(1) and sections 1405

through 1408) shall not apply to—

(1) the sale or lease of lots in a subdivision containing fewer

than one hundred lots which are not exempt under subsection

(a);

(2) the sale or lease of lots in a subdivision if, within the

twelve-month period commencing on the date of the first sale

or lease of a lot in such subdivision after the effective date of

this subsection or on such other date within that twelve-month

period as the øDirector¿ Bureau may prescribe, not more than

twelve lots are sold or leased, and the sale or lease of the first

twelve lots in such subdivision in any subsequent twelve-

month period, if not more than twelve lots have been sold or

leased in any preceding twelve-month period after the effective

date of this subsection;

(3) the sale or lease of lots in a subdivision if each noncontig-

uous part of such subdivision contains not more than twenty

lots, and if the purchaser or lessee (or spouse thereof) has

made a personal, on-the-lot inspection of the lot purchased or

leased, prior to signing of the contract or agreement to pur-

chase or lease;

(4) the sale or lease of lots in a subdivision in which each of

the lots is at least twenty acres (inclusive of easements for in-

gress and egress or public utilities);

(5) the sale or lease of a lot which is located within a munici-

pality or county where a unit of local government specifies

minimum standards for the development of subdivision lots

taking place within its boundaries, when—

(A)(i) the subdivision meets all local codes and stand-

ards, and (ii) each lot is either zoned for single family resi-

dences or, in the absence of a zoning ordinance, is limited

exclusively to single family residences;

(B)(i) the lot is situated on a paved street or highway

which has been built to standards applicable to streets and

highways maintained by the unit of local government in

which the subdivision is located and is acceptable to such

unit, or, where such street or highway is not complete, a

bond or other surety acceptable to the municipality or

county in the full amount of the cost of completing such

street or highway has been posted to assure completion to

such standards, and (ii) the unit of local government or a

homeowners association has accepted or is obligated to ac-

cept the responsibility of maintaining such street or high-

way, except that, in any case in which a homeowners asso-

ciation has accepted or is obligated to accept such responsi-

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bility, a good faith written estimate of the cost of carrying

out such responsibility over the first ten years of owner-

ship or lease is provided to the purchaser or lessee prior

to the signing of the contract or agreement to purchase or

lease;

disposal, and electricity have been extended to the lot or

the unit of local government is obligated to install such fa-

cilities within one hundred and eighty days, and, for sub-

divisions which do not have a central water or sewage dis-

posal system, rather than installation of water or sewer fa-

cilities, there must be assurances that an adequate potable

water supply is available year-round and that the lot is ap-

proved for the installation of a septic tank;

(D) the contract of sale requires delivery of a warranty

deed (or, where such deed is not commonly used in the ju-

risdiction where the lot is located, a deed or grant which

warrants that the grantor has not conveyed the lot to an-

other person and that the lot is free from encumbrances

made by the grantor or any other person claiming by,

through, or under him) to the purchaser within one hun-

dred and eighty days after the signing of the sales con-

tract;

(E) at the time of closing, a title insurance binder or a

title opinion reflecting the condition of the title shall be in

existence and issued or presented to the purchaser or les-

see showing that, subject only to such exceptions as may

be approved in writing by the purchaser or lessee at the

time of closing, marketable title to the lot is vested in the

seller or lessor;

(F) the purchaser or lessee (or spouse thereof) has made

a personal, on-the-lot inspection of the lot purchased or

leased, prior to signing of the contract or agreement to

purchase or lease; and

(G) there are no offers, by direct mail or telephone solici-

tation, of gifts, trips, dinners, or other such promotional

techniques to induce prospective purchasers or lessees to

visit the subdivision or to purchase or lease a lot;

(6) the sale or lease of a lot, if a mobile home is to be erected

or placed thereon as a residence, where the lot is sold as a

homesite by one party and the home by another, under con-

tracts that obligate such sellers to perform, contingent upon

the other seller carrying out its obligations so that a completed

mobile home will be erected or placed on the completed home-

site within a period of two years, and provide for all funds re-

ceived by the sellers to be deposited in escrow accounts (con-

trolled by parties independent of the sellers) until the trans-

actions are completed, and further provide that such funds

shall be released to the buyer on demand without prejudice if

the land with the mobile home erected or placed thereon is not

conveyed within such two-year period. Such homesite must

conform to all local codes and standards for mobile home sub-

divisions, if any, must provide potable water, sanitary sewage

disposal, electricity, access by roads, the purchaser must re-

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ceive marketable title to the lot, and where common facilities

are to be provided, they must be completed or fully funded;

(7)(A) the sale or lease of real estate by a developer who is

engaged in a sales operation which is intrastate in nature. For

purposes of this exemption, a lot may be sold only if—

(i) the lot is free and clear of all liens, encumberances,

and adverse claims;

(ii) the purchaser or lessee (or spouse thereof) has made

a personal on-the-lot inspection of the lot to be purchased

or leased;

(iii) each purchase or lease agreement contains—

(I) a clear and specific statement describing a good

faith estimate of the year of completion of, and the

party responsible for, providing and maintaining the

roads, water facilities, sewer facilities and any existing

or promised amenities; and

(II) a nonwaivable provision specifying that the con-

tract or agreement may be revoked at the option of the

purchaser or lessee until midnight of the seventh day

following the signing of such contract or agreement or

until such later time as may be required pursuant to

applicable State laws; and

(iv) the purchaser or lessee has, prior to the time the

contract or lease is entered into, acknowledged in writing

the receipt of a written statement by the developer con-

taining good faith estimates of the cost of providing elec-

tric, water, sewage, gas, and telephone service to such a

lot.

(B) As used in subparagraph (A)(i) of this paragraph, the

terms ‘‘liens’’, ‘‘encumbrances’’, and ‘‘adverse claims’’ do not in-

clude United States land patents and similar Federal grants or

reservations, property reservations which land developers com-

monly convey or dedicate to local bodies or public utilities for

the purpose of bringing public services to the land being devel-

oped, taxes and assessments imposed by a State, by any other

public body having authority to assess and tax property, or by

a property owners’ association, which, under applicable State

or local law, constitute liens on the property before they are

due and payable or beneficial property restrictions which

would be enforceable by other lot owners or lessees in the sub-

division, if—

(i) the developer, prior to the time the contract of sale

or lease is entered into, has furnished each purchaser or

lessee with a statement setting forth in descriptive and

concise terms all such liens, reservations, taxes, assess-

ments and restrictions which are applicable to the lot to be

purchased or leased; and

(ii) receipt of such statement has been acknowledged in

writing by the purchaser or lessee.

‘‘intrastate in nature’’ if the developer is subject to the laws of

the State in which the land is located, and each lot in the sub-

division, other than those which are exempt under section

1403(a), (b)(6), or (b)(8), is sold or leased to residents of the

State in which the land is located;

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(8) the sale or lease of a lot in a subdivision containing fewer

than three hundred lots if—

(A) the principal residence of the purchaser or lessee is

within the same standard metropolitan statistical area, as

defined by the Office of Management and Budget, as the

lot purchased or leased;

(B) the lot is free and clear of liens (such as mortgages,

deeds of trust, tax liens, mechanics liens, or judgments) at

the time of the signing of the contract or agreement and

until a deed is delivered to the purchaser or the lease ex-

pires. As used in this subparagraph, the term ‘‘liens’’ does

not include (i) United States land patents and similar Fed-

eral grants or reservations, (ii) property reservations

which lands developers commonly convey or dedicate to

local bodies or public utilities for the purpose of bringing

public services to the land being developed, (iii) taxes and

assessments imposed by a State, by any other public body

having authority to assess and tax property, or by a prop-

erty owners’ association, which, under applicable State or

local law, constitute liens on the property before they are

due and payable or beneficial property restrictions which

would be enforceable by other lot owners or lessees in the

subdivision, or (iv) other interests described in regulations

prescribed by the øDirector¿ Bureau;

a personal on-the-lot inspection of the lot to be purchased

or leased;

(D) each purchase or lease agreement contains (i) a clear

and specific statement describing a good faith estimate of

the year of completion of and the party responsible for pro-

viding and maintaining the roads, water facilities sewer fa-

cilities and any existing or promised amenities; and (ii) a

non waivable provision specifying that the contract or

agreement may be revoked at the option of the purchaser

or lessee until midnight of the seventh day following the

signing of such contract or agreement or until such later

time as may be required pursuant to applicable State laws;

(E) the purchaser or lessee has, prior to the time the

contract or lease is entered into, acknowledged in writing

receipt of a written statement by the developer setting

forth (i) in descriptive and concise terms all liens, reserva-

tions, taxes, assessments, beneficial property restrictions

which would be enforceable by other lot owners or lessees

in the subdivision, and adverse claims which are applica-

ble to the lot to be purchased or leased, and (ii) good faith

estimates of the cost of providing electric, water, sewer,

gas, and telephone service to such lot;

(F) the developer executes and supplies to the purchaser

a written instrument designating a person within the

State of residence of the purchaser as his agent for service

of process and acknowledging that the developer submits

to the legal jurisdiction of the State in which the pur-

chaser or lessee resides; and

(G) the developer executes a written affirmation to the

effect that he has complied with the provisions of this

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paragraph, such affirmation to be given on a form provided

by the øDirector¿ Bureau, which shall include the fol-

lowing: the name and address of the developer; the name

and address of the purchaser or lessee; a legal description

of the lot; and affirmation that the provisions of this para-

graph have been complied with; a statement that the de-

veloper submits to the jurisdiction of this title with regard

to the sale of lease; and the signature of the developer; or

(9) the sale or lease of a condominium unit that is not ex-

empt under subsection (a).

rules and regulations issued by øhim¿ the Bureau, exempt from

any of the provisions of this title any subdivision or any lots in a

subdivision, if øhe¿ the Bureau finds that the enforcement of this

title with respect to such subdivision or lots is not necessary in the

public interest and for the protection of purchasers by reason of the

small amount involved or the limited character of the public offer-

ing.

(d) For purposes of subsection (b), the term ‘‘condominium unit’’

means a unit of residential or commercial property to be designated

for separate ownership pursuant to a condominium plan or declara-

tion provided that upon conveyance—

(1) the owner of such unit will have sole ownership of the

unit and an undivided interest in the common elements appur-

tenant to the unit; and

(2) the unit will be an improved lot.

* * * * * * *

REGISTRATION OF SUBDIVISIONS

. 1405. (a) A subdivision may be registered by filing with the

øDirector¿ Bureau a statement of record, meeting the requirements

of this title and such rules and regulations as may be prescribed

by the øDirector¿ Bureau in furtherance of the provisions of this

title. A statement of record shall be deemed effective only as to the

lots specified therein.

(b) At the time of filing a statement of record, or any amendment

thereto, the developer shall pay to the øDirector¿ Bureau a fee, not

in excess of $1,000, in accordance with a schedule to be fixed by

the regulations of the øDirector¿ Bureau, which fees may be used

by the øDirector¿ Bureau to cover all or part of the cost of ren-

dering services under this title, and such expenses as are paid from

such fees shall be considered non-administrative.

record, or of an amendment thereto, shall be deemed to have taken

place upon the receipt thereof, accompanied by payment of the fee

required by subsection (b).

(d) The information contained in or filed with any statement of

record shall be made available to the public under such regulations

as the øDirector¿ Bureau may prescribe and copies thereof shall be

furnished to every applicant at such reasonable charge as the øDi-

rector¿ Bureau may prescribe.

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INFORMATION REQUIRED IN STATEMENT OF RECORD

. 1406. The statement of record shall contain the information

and be accompanied by the documents specified hereinafter in this

section—

(1) the name and address of each person having an interest

in the lots in the subdivision to be covered by the statement

of record and the extent of such interest;

(2) a legal description of, and a statement of the total area

included in, the subdivision and a statement of the topography

thereof, together with a map showing the division proposed

and the dimensions of the lots to be covered by the statement

of record and their relation to existing streets and roads;

(3) a statement of the condition of the title to the land com-

prising the subdivision, including all encumbrances and deed

restrictions and convenants applicable thereto;

(4) a statement of the general terms and conditions, includ-

ing the range of selling prices or rents at which it is proposed

to dispose of the lots in the subdivision;

(5) a statement of the present condition of access to the sub-

division, the existence of any unusual conditions relating to

noise or safety which affect the subdivision and are known to

the developer, the availability of sewage disposal facilities and

other public utilities (including water, electricity, gas and tele-

phone facilities) in the subdivision, the proximity in miles to

the subdivision to nearby municipalities, and the nature of any

improvements to be installed by the developer and his esti-

mated schedule for completion;

(6) in the case of any subdivision or portion thereof against

which there exists a blanket encumbrance, a statement of the

consequences for an individual purchaser of a failure, by the

person or persons bound, to fulfill obligations under the instru-

ment or instruments creating such encumbrance and the steps,

if any, taken to protect the purchaser in such eventuality;

(7)(A) copy of its articles of incorporation, with all amend-

ments thereto, if the developer is a corporation; (B) copies of

all instruments by which the trust is created or declared, if the

developer is a trust; (C) copies of its articles of partnership or

association and all other papers pertaining to its organization,

if the developer is a partnership, unincorporated association,

joint stock company, or any other form of organization; and (D)

if the purported holder of legal title is a person other than de-

veloper, copies of the above documents for such person;

(8) copies of the deed or other instrument establishing title

to the subdivision in the developer or other person and copies

of any instrument creating a lien or encumbrance upon the

title of developer or other person or copies of the opinion or

opinions of counsel in respect to the title to the subdivision in

the developer or other person or copies of the title insurance

policy guaranteeing such title;

(9) copies of all forms of conveyance to be used in selling or

leasing lots to purchasers;

(10) copies of instruments creating easements or other re-

strictions;

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(11) such certified and uncertified financial statements of the

developer as the øDirector¿ Bureau may require; and

(12) such other information and such other documents and

certifications as the øDirector¿ Bureau may require as being

reasonably necessary or appropriate for the protection of pur-

chasers.

TAKING EFFECT OF STATEMENTS OF RECORD AND AMENDMENTS

THERETO

. 1407. (a) Except as hereinafter provided, the effective date

of a statement of record, or any amendment thereto, shall be the

thirtieth day after the filing thereof or such earlier date as the øDi-

rector¿ Bureau may determine, having due regard to the public in-

terest and the protection of purchaser. If any amendment to any

such statement is filed prior to the effective date of the statement,

the statement shall be deemed to have been filed when such

amendment was filed; except that such an amendment filed with

the consent of the Secertary, or filed pursuant to an order of the

øDirector¿ Bureau, shall be treated as being filed as of the date of

the filing of the statement of record. When a developer records ad-

ditional lands to be offered for disposition, he may consolidate the

subsequent statement of record with any earlier recording offering

subdivided land for disposition under the same promotional plan.

At the time of consolidation the developer shall include in the con-

solidated statement of record any material changes in the informa-

tion contained in the earlier statement.

(b) If it appears to the øDirector¿ Bureau that a statement of

record, or any amendment thereto, is on its face incomplete or inac-

curate in any material respect, the øDirector¿ Bureau shall so ad-

vise the developer within a reasonable time after the filing of the

statement or the amendment, but prior to the date the statement

or amendment would otherwise be effective. Such notification shall

serve to suspend the effective date of the statement or the amend-

ment until thirty days after the developer files such additional in-

formation as the øDirector¿ Bureau shall require. Any developer,

upon receipt of such notice, may request a hearing, and such hear-

ing shall be held within twenty days of receipt of such request by

the øDirector¿ Bureau.

or record, a change shall occur affecting any material fact required

to be contained in the statement, the developer shall promptly file

an amendment thereto. Upon receipt of any such amendment, the

øDirector¿ Bureau may, if øhe¿ the Bureau determines such action

to be necessary or appropriate in the public interest or for the pro-

tection of purchasers, suspend the statement of record until the

amendment becomes effective.

(d) If it appears to the øDirector¿ Bureau at any time that a

statement of record, which is in effect, includes any untrue state-

ment of a material fact or omits to state any material fact required

to be stated therein or necessary to make the statements therein

not misleading, the øDirector¿ Bureau may, after notice, and after

opportunity for hearing (at a time fixed by the øDirector¿ Bureau)

within fifteen days after such notice, issue an order suspending the

statement of record. When such statement has been amended in ac-

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cordance with such order, the øDirector¿ Bureau shall so declare

and thereupon the order shall cease to be effective.

(e) The øDirector¿ Bureau is hereby empowered to make an ex-

amination in any case to determine whether an order should issue

under subsection (d). In making such examination, the øDirector or

anyone designated by him¿ Bureau shall have access to and may

demand the production of any books and papers of, and many ad-

minister oaths and affirmations to and examine, the developer, any

agents, or any other person, in respect of any matter relevant to

the examination. If the developer or any agents shall fail to cooper-

ate, or shall obstruct or refuse to permit the making of an examina-

tion, such conduct shall be proper ground for the issuance of an

order suspending the statement of record.

(f) Any notice required under this section shall be sent to or

served on the developer or his authorized agent.

INFORMATION REQUIRED IN PROPERTY REPORT

. 1408. (a) A property report relating to the lots in a subdivi-

sion shall contain such of the information contained in the state-

ment of record, and any amendments thereto, as the øDirector¿

Bureau may deem necessary, but need not include the documents

referred to in paragraphs (7) to (11), inclusive, of section 1406. A

property report shall also contain such other information as the

øDirector¿ Bureau may by rules or regulations require as being

necessary or appropriate in the public interest or for the protection

of purchasers.

(b) The property report shall not be used for any promotional

purposes before the statement of record becomes effective and then

only if it is used in its entirety. No person may advertise or rep-

resent that the øDirector¿ Bureau approves or recommends the

subdivision or the sale or lease of lots therein. No portion of the

property report shall be underscored, italicized, or printed in larg-

er, or bolder type than the balance of the statement unless the øDi-

rector¿ Bureau requires or permits it.

CERTIFICATION OF SUBSTANTIALLY EQUIVALENT STATE LAW

. 1409. (a)(1) A State shall be certified if the øDirector¿ Bu-

reau determines—

(A) that, when taken as a whole, the laws and regulations

of the State applicable to the sale or lease of lots not exempt

under section 1403 require the seller or lessor of such lots to

disclose information which is at least substantially equivalent

to the information required to be disclosed by section 1408; and

(B) that the State’s administration of such laws and regula-

tions provides, to the maximum extent practicable, that such

information is accurate.

(2) In the case of any State which is not certified under para-

graph (1), such State shall be certified if the øDirector¿ Bureau de-

termines—

(A) that when taken as a whole, the laws and regulations of

the State applicable to the sale or lease of lots not exempt

under section 1403 provide sufficient protection for purchasers

and lessees with respect to the matters for which information

is required to be disclosed by section 1408 but which is not re-

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quired to be disclosed by such State’s laws and regulations;

and

(B) that the State’s administration of such laws and regula-

tions provides, to the maximum extent practicable, that (i) in-

formation required to be disclosed by such laws and regula-

tions is accurate, and (ii) sufficient protection for purchasers

and lessees is made available with respect to the matters for

which information is not required to be disclosed.

(3) Any State requesting certification must agree to accept a

property report covering land located in another certified State but

offered for sale or lease in the State requesting certification if the

property report has been approved by the other certified State.

Such property report shall be the only property report required by

the State with respect to the sale or lease of such land.

(b) After the øDirector¿ Bureau has certified a State under sub-

section (a), the øDirector¿ Bureau shall accept for filing under sec-

tions 1405 through 1408 (and declare effective as the Federal state-

ment of record and property report which shall be used in all

States in which the lots are offered for sale or lease) disclosure ma-

terials found acceptable, and any related documentation required,

by State authorities in connection with the sale or lease of lots lo-

cated within the State. The øDirector¿ Bureau may accept for such

filing, and declare effective as the Federal statement of record and

property report, such materials and documentation found accept-

able by the State in connection with the sale or lease of lots located

outside that State. Nothing in this subsection shall preclude the

øDirector¿ Bureau from exercising the authority conferred by sub-

sections (d) and (e) of section 1407.

ant to subsection (a), the øDirector¿ Bureau shall notify the State

in writing of the changes in State law, regulation, or administra-

tion that are needed in order to obtain certification.

(d) The øDirector¿ Bureau shall periodically review the laws and

regulations, and the administration thereof, of States certified

under subsection (a), and may withdraw such certification upon a

determination that such laws, regulations, and the administration

thereof, taken as a whole, no longer meet the requirements of sub-

section (a).

(e) Nothing in this title may be construed to prevent or limit the

authority of any State or local government to enact and enforce

with regard to the sale of land any law, ordinance, or code not in

conflict with this title. In administering this title, the øDirector¿

Bureau shall cooperate with State authorities charged with the re-

sponsibility of regulating the sale or lease of lots which are subject

to this title.

* * * * * * *

COURT REVIEW OF ORDERS

. 1411. (a) Any person, aggrieved by an order or determina-

tion of the øDirector¿ Bureau issued after a hearing, may obtain

a review of such order or determination in the court of appeals of

the United States, within any circuit wherein such person resides

or has his principal place of business, or in the United States Court

of Appeals for the District of Columbia, by filing in such court,

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within sixty days after the entry of such order or determination, a

written petition praying that the order or determination of the øDi-

rector¿ Bureau be modified or be set aside in whole or in part. A

copy of such petition shall be forthwith transmitted by the clerk of

the court to the øDirector¿ Bureau, and thereupon the øDirector¿

Bureau shall file in the court the record upon which the order or

determination complained of was entered, as provided in section

2112 of title 28, United States Code. No objection to an order or

determination of the øDirector¿ Bureau shall be considered by the

court unless such objection shall have been urged before the øDi-

rector¿ Bureau. The finding of the øDirector¿ Bureau as to the

facts, if supported by substantial evidence, shall be conclusive. If

either party shall apply to the court for leave to adduce additional

evidence, and shall show to the satisfaction of the court that such

additional evidence is material and that there were reasonable

grounds for failure to adduce such evidence in the hearing before

the øDirector¿ Bureau, the court may order such additional evi-

dence to be taken before the øDirector¿ Bureau and to be adduced

upon a hearing in such manner and upon such terms and condi-

tions as to the court may seem proper. The øDirector¿ Bureau may

modify øhis findings¿ the findings of the Bureau as to the facts by

reason of the additional evidence so taken, and shall file such

modified or new findings, which, if supported by substantial evi-

dence, shall be conclusive, and øhis recommendation¿ the rec-

ommendation of the Bureau, if any, for the modification or setting

aside of the original order. Upon the filing of such petition, the ju-

risdiction of the court shall be exclusive and its judgment and de-

cree, affirming, modifying, or setting aside, in whole or in part, any

order of the øDirector¿ Bureau, shall be final, subject to review by

the Supreme Court of the United States upon certiorari or certifi-

cation as provided in section 1254 of title 28, United States Code.

(b) The commencement of proceedings under subsection (a) shall

not, unless specifically ordered by the court, operate as a stay of

the Secretary’s order.

* * * * * * *

CONTRARY STIPULATION VOID

. 1413. Any condition, stipulation, or provision binding any

person acquiring any lot in a subdivision to waive compliance with

any provision of this title of the rules and regulations of the øDirec-

tor¿ Bureau shall be void.

* * * * * * *

INVESTIGATIONS

INJUNCTIONS

AND PROSECUTION OF OFFENSES

. 1415. (a) Whenever it shall appear to the øDirector¿ Bureau

that any person is engaged or about to engage in any acts or prac-

tices which constitute or will constitute a violation of the provisions

of this title, or of any rule or regulation prescribed pursuant there-

to, øhe may, in his discretion,¿ the Bureau may, in the discretion

of the Bureau, bring an action in any district court of the United

States, or the United States District Court for the District of Co-

lumbia to enjoin such acts or practices, and, upon a proper show-

ing, a permanent or temporary injunction or restraining order shall

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be granted without bond. The øDirector¿ Bureau may transmit

such evidence as may be available concerning such acts or practices

to the Attorney General who may, in his discretion, institute the

appropriate criminal proceedings under this title.

(b) The øDirector¿ Bureau may, øin his discretion¿ in the discre-

tion of the Bureau, make such investigations as øhe deems¿ the Bu-

reau determines necessary to determine whether any person has

violated or is about to violate any provision of this title or any rule

or regulation prescribed pursuant thereto, and may require or per-

mit any person to file with him a statement in writing, under oath

or otherwise as the øDirector¿ Bureau shall determine, as to all the

facts and circumstances concerning the matter to be investigated.

The øDirector¿ Bureau is authorized, øin his discretion¿ in the dis-

cretion of the Bureau, to publish information concerning any such

violations, and to investigate any facts, conditions, practices, or

matters which øhe may deem¿ the Bureau may determine nec-

essary or proper to aid in the enforcement of the provisions of this

title, in the prescribing of rules and regulations thereunder or in

securing information to service as a basis for recommending further

legislation concerning the matters to which this title relates.

ceeding under this title, øthe Director, or any officer designated by

him,¿ the Bureau is empowered to administer oaths and affirma-

tions, subpena witnesses, compel their attendance, take evidence,

and require the production of any books, papers, correspondence,

memorandums, or other records which the øDirector¿ Bureau

deems relevant or material to the inquiry. Such attendance of wit-

nesses and the production of any such records may be required

from any place in the United States or any State at any designated

place of hearing.

(d) In case of contumacy by, or refusal to obey a subpena issued

to, any person, the øDirector¿ Bureau may invoke the aid of any

court of the United States within the jurisdiction of which such in-

vestigation or proceeding is carried on, or where such person re-

sides or carries on business, in requiring the attendance and testi-

mony of witnesses and the production of books, papers, correspond-

ence, memorandums, and other records and documents. And such

court may issue an order requiring such person to appear before

the øDirector¿ Bureau or any officer designated by the øDirector¿

Bureau, there to produce records, if so ordered, or to give testimony

touching the matter under investigation or in question; and any

failure to obey such order of the court may be punished by such

court as a contempt thereof. All process in any such case may be

served in the judicial district whereof such person is an inhabitant

or wherever he may be found.

ADMINISTRATION

. 1416. (a) The authority and responsibility for administering

this title shall be in the øDirector of the Bureau of Consumer Fi-

nancial Protection who may delegate any of his¿ Bureau of Con-

sumer Financial Protection, which may delegate any functions, du-

ties, and powers to employees of the Bureau of Consumer Financial

Protection or to boards of such employees including functions, du-

ties, and powers with respect to investigating, hearing, deter-

mining, ordering, or otherwise acting as to any work, business, or

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matter under this title. The persons to whom such delegations are

made with respect to hearing functions, duties, and powers shall be

appointed and shall serve in the Bureau in compliance with sec-

tions 3105, 3344, 5372, and 7521 of title 5 of the United States

Code. The øDirector¿ Bureau shall by rule prescribed such rights

of appeal from the decisions of øhis administrative¿ administrative

law judges to other administrative law judges or to other officers

in the Bureau, to boards of officers or to øhimself¿ the commission

of the Bureau, as shall be apropriate and in accordance with law.

(b) All hearings shall be public and appropriate records thereof

shall be kept, and any order issued after such hearing shall be

based on the record made in such hearing which shall be conducted

in accordance with provisions of subchapter II of chapter 5, and

chapter 7, of title 5, United States Code.

to rulemaking or adjudication under this title in accordance with

the provisions of chapter 5 of title 5, United States Code. Notice

shall be given of any adverse action or final disposition and such

notice and the entry of any order shall be accompanied by a written

statement of supporting facts and legal authority.

UNLAWFUL REPRESENTATIONS

. 1417. The fact that a statement of record with respect to a

subdivision has been filed or is in effect shall not be deemed a find-

ing by the øDirector¿ Bureau that the statement of record is true

and accurate on its face, or be held to mean the øDirector¿ Bureau

has in any way passed upon the merits of, or given approval to,

such subdivision. It shall be unlawful to make, or cause to be

made, to any prospective purchaser any representation contrary to

the foregoing.

* * * * * * *

CIVIL MONEY PENALTIES

. 1418a. (a) I

ENERAL

.—

(1) A

UTHORITY

.—Whenever any person knowingly and mate-

rially violates any of the provisions of this title or any rule,

regulation, or order issued under this title, the øDirector¿ Bu-

reau may impose a civil money penalty on such person in ac-

cordance with the provisions of this section. The penalty shall

be in addition to any other available civil remedy or any avail-

able criminal penalty, and may be imposed whether or not the

øDirector¿ Bureau imposes other administrative sanctions.

(2) A

MOUNT OF PENALTY

.—The amount of the penalty, as de-

termined by the øDirector¿ Bureau, may not exceed $1,000 for

each violation, except that the maximum penalty for all viola-

tions by a particular person during any 1–year period shall not

exceed $1,000,000. Each violation of this title, or any rule, reg-

ulation, or order issued under this title, shall constitute a sepa-

rate violation with respect to each sale or lease or offer to sell

or lease. In the case of a continuing violation, as determined

by the øDirector¿ Bureau, each day shall constitute a separate

violation.

(b) A

GENCY

ROCEDURES

.—

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(1) E

STABLISHMENT

.—The øDirector¿ Bureau shall establish

standards and procedures governing the imposition of civil

money penalties under subsection (a). The standards and pro-

cedures—

(A) shall provide for the imposition of a penalty only

after a person has been given an opportunity for a hearing

on the record; and

(B) may provide for review by the øDirector¿ Bureau of

any determination or order, or interlocutory ruling, arising

from a hearing.

(2) F

INAL ORDERS

.—If no hearing is requested within 15 days

of receipt of the notice of opportunity for hearing, the imposi-

tion of the penalty shall constitute a final and unappealable

determination. If the øDirector¿ Bureau reviews the deter-

mination or order, the øDirector¿ Bureau may affirm, modify,

or reverse that determination or order. If the øDirector¿ Bu-

reau does not review the determination or order within 90 days

of the issuance of the determination or order, the determina-

tion or order shall be final.

(3) F

ACTORS IN DETERMINING AMOUNT OF PENALTY

.—In deter-

mining the amount of a penalty under subsection (a), consider-

ation shall be given to such factors as the gravity of the of-

fense, any history of prior offenses (including offenses occur-

ring before enactment of this section), ability to pay the pen-

alty, injury to the public, benefits received, deterrence of future

violations, and such other factors as the øDirector¿ Bureau

may determine in regulations to be appropriate.

(4) R

EVIEWABILITY OF IMPOSITION OF PENALTY

.—The øSec-

retary’s determination¿ determination of the Bureau or order

imposing a penalty under subsection (a) shall not be subject to

review, except as provided in subsection (c).

UDICIAL

EVIEW OF

GENCY

ETERMINATION

.—

(1) I

ENERAL

.—After exhausting all administrative rem-

edies established by the øDirector¿ Bureau under subsection

(b)(1), a person aggrieved by a final order of the øDirector¿ Bu-

reau assessing a penalty under this section may seek judicial

review pursuant to section 1411.

(2) O

RDER TO PAY PENALTY

.—Notwithstanding any other pro-

vision of law, in any such review, the court shall have the

power to order payment of the penalty imposed by the øDirec-

tor¿ Bureau.

(d) A

CTION TO

OLLECT

ENALTY

.—If any person fails to comply

with the determination or order of the øDirector¿ Bureau imposing

a civil money penalty under subsection (a), after the determination

or order is no longer subject to review as provided by subsections

(b) and (c), the øDirector¿ Bureau may request the Attorney Gen-

eral of the United States to bring an action in any appropriate

United States district court to obtain a monetary judgment against

the person and such other relief as may be available. The monetary

judgment may, in the discretion of the court, include any attorneys

fees and other expenses incurred by the United States in connec-

tion with the action. In an action under this subsection, the valid-

ity and appropriateness of the Secretary’s determination or order

imposing the penalty shall not be subject to review.

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(e) S

ETTLEMENT BY

IRECTOR

.—The øDirector¿ Bureau may com-

promise, modify, or remit any civil money penalty which may be,

or has been, imposed under this section.

(f) D

EFINITION OF

NOWINGLY

.—The term ‘‘knowingly’’ means

having actual knowledge of or acting with deliberate ignorance of

or reckless disregard for the prohibitions under this section.

(g) R

EGULATIONS

.—The øDirector¿ Bureau shall issue such regu-

lations as the øDirector¿ Bureau deems appropriate to implement

this section.

(h) U

SE OF

ENALTIES FOR

DMINISTRATION

.—Civil money pen-

alties collected under this section shall be paid to the øDirector¿

Bureau and, upon approval in an appropriation Act, may be used

by the øDirector¿ Bureau to cover all or part of the cost of ren-

dering services under this title.

. 1419. The øDirector¿ Bureau shall have authority from time

to time to make, issue, amend, and rescind such rules and regula-

tions and such orders as are necessary or appropriate to the exer-

cise of the functions and powers conferred upon him elsewhere in

this title. For the purpose of his rules and regulations, the øDirec-

tor¿ Bureau may classify persons and matters within his jurisdic-

tion and prescribe different requirements for different classes of

persons or matters.

JURISDICTION OF OFFENSES AND SUITS

. 1420. The district courts of the United States, the United

States courts of any territory, and the United States District Court

for the District of Columbia shall have jurisdiction of offenses and

violations under this title and under the this title and under the

rules and regulations prescribed by the øDirector¿ Bureau pursu-

ant thereto, and concurrent with State courts, of all suits in equity

and actions at law brought to enforce any liability or duty created

by this title. Any such suit or action may be brought to enforce any

liability or duty created by this title. Any such suit or action may

be brought in the district where the defendant is found or is an in-

habitant or transacts business, or in the district where the offer or

sale took place, if the defendant participated therein, and process

in such cases may be served in any other district of which the de-

fendant is an inhabitant or wherever the defendant may be found.

Judgments and decrees so rendered shall be subject to review as

provided in sections 1254 and 1291 of title 28, United State Code.

No case arising under this title and brought in any State court of

competent jurisdiction shall be removed to any court of the United

States, except where the United States or any officer or employee

of the United States in his official capacity is a party. No costs

shall be assessed for or against the øDirector¿ Bureau in any pro-

ceeding under this title brought by or against him in the Supreme

Court or such other courts.

* * * * * * *

REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974

* * * * * * *

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HOME BUYING INFORMATION BOOKLETS

. 5. (a) P

REPARATION AND

ISTRIBUTION

.—øThe Director of

the Bureau of Consumer Financial Protection (hereafter in this sec-

tion referred to as the ‘‘Director’’)¿ The Bureau of Consumer Finan-

cial Protection (hereafter in this section referred to as the ‘‘Bureau’’)

shall prepare, at least once every 5 years, a booklet to help con-

sumers applying for federally related mortgage loans to understand

the nature and costs of real estate settlement services. The øDirec-

tor¿ Bureau shall prepare the booklet in various languages and cul-

tural styles, as the øDirector¿ Bureau determines to be appro-

priate, so that the booklet is understandable and accessible to

homebuyers of different ethnic and cultural backgrounds. The øDi-

rector¿ Bureau shall distribute such booklets to all lenders that

make federally related mortgage loans. The øDirector¿ Bureau

shall also distribute to such lenders lists, organized by location, of

homeownership counselors certified under section 106(e) of the

Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(e))

for use in complying with the requirement under subsection (c) of

this section.

(b) C

ONTENTS

.—Each booklet shall be in such form and detail as

the øDirector¿ Bureau shall prescribe and, in addition to such

other information as the øDirector¿ Bureau may provide, shall in-

clude in plain and understandable language the following informa-

tion:

(1) A description and explanation of the nature and purpose

of the costs incident to a real estate settlement or a federally

related mortgage loan. The description and explanation shall

provide general information about the mortgage process as well

as specific information concerning, at a minimum—

(A) balloon payments;

(B) prepayment penalties;

(D) the trade-off between closing costs and the interest

rate over the life of the loan.

(2) An explanation and sample of the uniform settlement

statement required by section 4.

(3) A list and explanation of lending practices, including

those prohibited by the Truth in Lending Act or other applica-

ble Federal law, and of other unfair practices and unreasonable

or unnecessary charges to be avoided by the prospective buyer

with respect to a real estate settlement.

(4) A list and explanation of questions a consumer obtaining

a federally related mortgage loan should ask regarding the

loan, including whether the consumer will have the ability to

repay the loan, whether the consumer sufficiently shopped for

the loan, whether the loan terms include prepayment penalties

or balloon payments, and whether the loan will benefit the bor-

rower.

(5) An explanation of the right of rescission as to certain

transactions provided by sections 125 and 129 of the Truth in

Lending Act.

(6) A brief explanation of the nature of a variable rate mort-

gage and a reference to the booklet entitled ‘‘Consumer Hand-

book on Adjustable Rate Mortgages’’, published by the øDirec-

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tor¿ Bureau, or to any suitable substitute of such booklet that

the øDirector¿ Bureau may subsequently adopt pursuant to

such section.

(7) A brief explanation of the nature of a home equity line

of credit and a reference to the pamphlet required to be pro-

vided under section 127A of the Truth in Lending Act.

(8) Information about homeownership counseling services

made available pursuant to section 106(a)(4) of the Housing

and Urban Development Act of 1968 (12 U.S.C. 1701x(a)(4)), a

recommendation that the consumer use such services, and no-

tification that a list of certified providers of homeownership

counseling in the area, and their contact information, is avail-

able.

(9) An explanation of the nature and purpose of escrow ac-

counts when used in connection with loans secured by residen-

tial real estate and the requirements under section 10 of this

Act regarding such accounts.

(10) An explanation of the choices available to buyers of resi-

dential real estate in selecting persons to provide necessary

services incidental to a real estate settlement.

(11) An explanation of a consumer’s responsibilities, liabil-

ities, and obligations in a mortgage transaction.

(12) An explanation of the nature and purpose of real estate

appraisals, including the difference between an appraisal and

a home inspection.

(13) Notice that the Office of Housing of the Bureau of Con-

sumer Financial Protection has made publicly available a bro-

chure regarding loan fraud and a World Wide Web address and

toll-free telephone number for obtaining the brochure.

(14) An explanation of flood insurance and the availability of

flood insurance under the National Flood Insurance Program

or from a private insurance company, whether or not the real

estate is located in an area having special flood hazards, and

the following statement: ‘‘Although you may not be required to

maintain flood insurance on all structures, you may still wish

to do so, and your mortgage lender may still require you to do

so to protect the collateral securing the mortgage. If you choose

to not maintain flood insurance on a structure, and it floods,

you are responsible for all flood losses relating to that struc-

ture.’’.

The booklet prepared pursuant to this section shall take into con-

sideration differences in real estate settlement procedures that may

exist among the several States and territories of the United States

and among separate political subdivisions within the same State

and territory.

mate of the amount or range of charges for specific settlement serv-

ices the borrower is likely to incur in connection with the settle-

ment as prescribed by the Bureau. Each lender shall also include

with the booklet a reasonably complete or updated list of homeown-

ership counselors who are certified pursuant to section 106(e) of the

Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(e))

and located in the area of the lender.

(d) Each lender referred to in subsection (a) shall provide the

booklet described in such subsection to each person from whom it

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241

receives or for whom it prepares a written application to borrow

money to finance the purchase of residential real estate. The lender

shall provide the booklet in the version that is most appropriate for

the person receiving it. Such booklet shall be provided by delivering

it or placing it in the mail not later than 3 business days after the

lender receives the application, but no booklet need be provided if

the lender denies the application for credit before the end of the 3-

day period.

(e) Booklets may be printed and distributed by lenders if their

form and content are approved by the Bureau as meeting the re-

quirements of subsection (b) of this section.

* * * * * * *

S.A.F.E. MORTGAGE LICENSING ACT OF 2008

TITLE V—S.A.F.E. MORTGAGE

LICENSING ACT

SEC. 1501. SHORT TITLE.

This title may be cited as the ‘‘Secure and Fair Enforcement for

Mortgage Licensing Act of 2008’’ or ‘‘S.A.F.E. Mortgage Licensing

Act of 2008’’.

* * * * * * *

SEC. 1503. DEFINITIONS.

For purposes of this title, the following definitions shall apply:

(1) B

UREAU

.—The term ‘‘Bureau’’ means the Bureau of Con-

sumer Financial Protection.

(2) F

EDERAL BANKING AGENCY

.—The term ‘‘Federal banking

agency’’ means the Board of Governors of the Federal Reserve

System, the Office of the Comptroller of the Currency, the Na-

tional Credit Union Administration, and the Federal Deposit

Insurance Corporation.

(3) D

EPOSITORY INSTITUTION

.—The term ‘‘depository institu-

tion’’ has the same meaning as in section 3 of the Federal De-

posit Insurance Act, and includes any credit union.

(4) L

OAN ORIGINATOR

.—

(A) I

N GENERAL

.—The term ‘‘loan originator’’—

(i) means an individual who—

(I) takes a residential mortgage loan applica-

tion; and

(II) offers or negotiates terms of a residential

mortgage loan for compensation or gain;

(ii) does not include any individual who is not other-

wise described in clause (i) and who performs purely

administrative or clerical tasks on behalf of a person

who is described in any such clause;

(iii) does not include a person or entity that only

performs real estate brokerage activities and is li-

censed or registered in accordance with applicable

State law, unless the person or entity is compensated

by a lender, a mortgage broker, or other loan origi-

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nator or by any agent of such lender, mortgage broker,

or other loan originator; and

(iv) does not include a person or entity solely in-

volved in extensions of credit relating to timeshare

plans, as that term is defined in section 101(53D) of

title 11, United States Code.

(B) O

THER DEFINITIONS RELATING TO LOAN ORIGI

NATOR

.—For purposes of this subsection, an individual ‘‘as-

sists a consumer in obtaining or applying to obtain a resi-

dential mortgage loan’’ by, among other things, advising on

loan terms (including rates, fees, other costs), preparing

loan packages, or collecting information on behalf of the

consumer with regard to a residential mortgage loan.

DMINISTRATIVE OR CLERICAL TASKS

.—The term ‘‘ad-

ministrative or clerical tasks’’ means the receipt, collection,

and distribution of information common for the processing

or underwriting of a loan in the mortgage industry and

communication with a consumer to obtain information nec-

essary for the processing or underwriting of a residential

mortgage loan.

(D) R

EAL ESTATE BROKERAGE ACTIVITY DEFINED

.—The

term ‘‘real estate brokerage activity’’ means any activity

that involves offering or providing real estate brokerage

services to the public, including—

(i) acting as a real estate agent or real estate broker

for a buyer, seller, lessor, or lessee of real property;

(ii) bringing together parties interested in the sale,

purchase, lease, rental, or exchange of real property;

(iii) negotiating, on behalf of any party, any portion

of a contract relating to the sale, purchase, lease, rent-

al, or exchange of real property (other than in connec-

tion with providing financing with respect to any such

transaction);

(iv) engaging in any activity for which a person en-

gaged in the activity is required to be registered or li-

censed as a real estate agent or real estate broker

under any applicable law; and

(v) offering to engage in any activity, or act in any

capacity, described in clause (i), (ii), (iii), or (iv).

(5) L

OAN PROCESSOR OR UNDERWRITER

.—

(A) I

N GENERAL

.—The term ‘‘loan processor or under-

writer’’ means an individual who performs clerical or sup-

port duties at the direction of and subject to the super-

vision and instruction of—

(i) a State-licensed loan originator; or

(ii) a registered loan originator.

(B) C

LERICAL OR SUPPORT DUTIES

.—For purposes of sub-

paragraph (A), the term ‘‘clerical or support duties’’ may

include—

(i) the receipt, collection, distribution, and analysis

of information common for the processing or under-

writing of a residential mortgage loan; and

(ii) communicating with a consumer to obtain the in-

formation necessary for the processing or underwriting

of a loan, to the extent that such communication does

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not include offering or negotiating loan rates or terms,

or counseling consumers about residential mortgage

loan rates or terms.

(6) N

ATIONWIDE MORTGAGE LICENSING SYSTEM AND REG

ISTRY

.—The term ‘‘Nationwide Mortgage Licensing System and

Registry’’ means a mortgage licensing system developed and

maintained by the Conference of State Bank Supervisors and

the American Association of Residential Mortgage Regulators

for the State licensing and registration of State-licensed loan

originators and the registration of registered loan originators

or any system established by the øDirector¿ Bureau of Con-

sumer Financial Protection under section 1509.

(7) N

ONTRADITIONAL MORTGAGE PRODUCT

.—The term ‘‘non-

traditional mortgage product’’ means any mortgage product

other than a 30-year fixed rate mortgage.

(8) R

EGISTERED LOAN ORIGINATOR

.—The term ‘‘registered

loan originator’’ means any individual who—

(A) meets the definition of loan originator and is an em-

ployee of—

(i) a depository institution;

(ii) a subsidiary that is—

(I) owned and controlled by a depository institu-

tion; and

(II) regulated by a Federal banking agency; or

(iii) an institution regulated by the Farm Credit Ad-

ministration; and

(B) is registered with, and maintains a unique identifier

through, the Nationwide Mortgage Licensing System and

Registry.

(9) R

ESIDENTIAL MORTGAGE LOAN

.—The term ‘‘residential

mortgage loan’’ means any loan primarily for personal, family,

or household use that is secured by a mortgage, deed of trust,

or other equivalent consensual security interest on a dwelling

(as defined in section 103(v) of the Truth in Lending Act) or

residential real estate upon which is constructed or intended to

be constructed a dwelling (as so defined).

ø(10) D

IRECTOR

.—The term ‘‘Director’’ means the Director of

the Bureau of Consumer Financial Protection.¿

(11) S

TATE

.—The term ‘‘State’’ means any State of the

United States, the District of Columbia, any territory of the

United States, Puerto Rico, Guam, American Samoa, the Trust

Territory of the Pacific Islands, the Virgin Islands, and the

Northern Mariana Islands.

(12) S

TATE

LICENSED LOAN ORIGINATOR

.—The term ‘‘State-li-

censed loan originator’’ means any individual who—

(A) is a loan originator;

(B) is not an employee of—

(i) a depository institution;

(ii) a subsidiary that is—

(I) owned and controlled by a depository institu-

tion; and

(II) regulated by a Federal banking agency; or

(iii) an institution regulated by the Farm Credit Ad-

ministration; and

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244

Consumer Financial Protection under section 1508 and

registered as a loan originator with, and maintains a

unique identifier through, the Nationwide Mortgage Li-

censing System and Registry.

(13) U

NIQUE IDENTIFIER

.—

(A) I

N GENERAL

.—The term ‘‘unique identifier’’ means a

number or other identifier that—

(i) permanently identifies a loan originator;

(ii) is assigned by protocols established by the Na-

tionwide Mortgage Licensing System and Registry and

the Bureau to facilitate electronic tracking of loan

originators and uniform identification of, and public

access to, the employment history of and the publicly

adjudicated disciplinary and enforcement actions

against loan originators; and

(iii) shall not be used for purposes other than those

set forth under this title.

(B) R

ESPONSIBILITY OF STATES

.—To the greatest extent

possible and to accomplish the purpose of this title, States

shall use unique identifiers in lieu of social security num-

bers.

* * * * * * *

SEC. 1508. BUREAU OF CONSUMER FINANCIAL PROTECTION BACKUP

AUTHORITY TO ESTABLISH LOAN ORIGINATOR LICENS-

ING SYSTEM.

(a) B

ACKUP

ICENSING

YSTEM

.—If, by the end of the 1-year pe-

riod, or the 2-year period in the case of a State whose legislature

meets only biennially, beginning on the date of the enactment of

this title or at any time thereafter, the øDirector¿ Bureau of Con-

sumer Financial Protection determines that a State does not have

in place by law or regulation a system for licensing and registering

loan originators that meets the requirements of sections 1505 and

1506 and subsection (d) of this section, or does not participate in

the Nationwide Mortgage Licensing System and Registry, the øDi-

rector¿ Bureau of Consumer Financial Protection shall provide for

the establishment and maintenance of a system for the licensing

and registration by the øDirector¿ Bureau of Consumer Financial

Protection of loan originators operating in such State as State-li-

censed loan originators.

(b) L

ICENSING AND

EGISTRATION

EQUIREMENTS

.—The system

established by the øDirector¿ Bureau of Consumer Financial Pro-

tection under subsection (a) for any State shall meet the require-

ments of sections 1505 and 1506 for State-licensed loan originators.

NIQUE

DENTIFIER

.—The øDirector¿ Bureau of Consumer Fi-

nancial Protection shall coordinate with the Nationwide Mortgage

Licensing System and Registry to establish protocols for assigning

a unique identifier to each loan originator licensed by the øDirec-

tor¿ Bureau of Consumer Financial Protection as a State-licensed

loan originator that will facilitate electronic tracking and uniform

identification of, and public access to, the employment history of

and the publicly adjudicated disciplinary and enforcement actions

against loan originators.

(d) S

TATE

ICENSING

EQUIREMENTS

.—For purposes of this

section, the law in effect in a State meets the requirements of this

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245

subsection if the øDirector¿ Bureau of Consumer Financial Protec-

tion determines the law satisfies the following minimum require-

ments:

(1) A State loan originator supervisory authority is main-

tained to provide effective supervision and enforcement of such

law, including the suspension, termination, or nonrenewal of a

license for a violation of State or Federal law.

(2) The State loan originator supervisory authority ensures

that all State-licensed loan originators operating in the State

are registered with Nationwide Mortgage Licensing System

and Registry.

(3) The State loan originator supervisory authority is re-

quired to regularly report violations of such law, as well as en-

forcement actions and other relevant information, to the Na-

tionwide Mortgage Licensing System and Registry.

(4) The State loan originator supervisory authority has a

process in place for challenging information contained in the

Nationwide Mortgage Licensing System and Registry.

(5) The State loan originator supervisory authority has es-

tablished a mechanism to assess civil money penalties for indi-

viduals acting as mortgage originators in their State without

a valid license or registration.

(6) The State loan originator supervisory authority has es-

tablished minimum net worth or surety bonding requirements

that reflect the dollar amount of loans originated by a residen-

tial mortgage loan originator, or has established a recovery

fund paid into by the loan originators.

(e) T

EMPORARY

XTENSION OF

ERIOD

.—The øDirector¿ Bureau

of Consumer Financial Protection may extend, by not more than 24

months, the 1-year or 2-year period, as the case may be, referred

to in subsection (a) for the licensing of loan originators in any State

under a State licensing law that meets the requirements of sections

1505 and 1506 and subsection (d) if the øDirector¿ Bureau of Con-

sumer Financial Protection determines that such State is making

a good faith effort to establish a State licensing law that meets

such requirements, license mortgage originators under such law,

and register such originators with the Nationwide Mortgage Li-

censing System and Registry.

(f) R

EGULATION

UTHORITY

.—

(1) I

N GENERAL

.—The Bureau is authorized to promulgate

regulations setting minimum net worth or surety bond require-

ments for residential mortgage loan originators and minimum

requirements for recovery funds paid into by loan originators.

(2) C

ONSIDERATIONS

.—In issuing regulations under para-

graph (1), the Bureau shall take into account the need to pro-

vide originators adequate incentives to originate affordable and

sustainable mortgage loans, as well as the need to ensure a

competitive origination market that maximizes consumer ac-

cess to affordable and sustainable mortgage loans.

SEC. 1509. BACKUP AUTHORITY TO ESTABLISH A NATIONWIDE MORT-

GAGE LICENSING AND REGISTRY SYSTEM.

If at any time the øDirector¿ Bureau of Consumer Financial Pro-

tection determines that the Nationwide Mortgage Licensing System

and Registry is failing to meet the requirements and purposes of

this title for a comprehensive licensing, supervisory, and tracking

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246

system for loan originators, the øDirector¿ Bureau of Consumer Fi-

nancial Protection shall establish and maintain such a system to

carry out the purposes of this title and the effective registration

and regulation of loan originators.

* * * * * * *

SEC. 1512. CONFIDENTIALITY OF INFORMATION.

(a) S

YSTEM

ONFIDENTIALITY

.—Except as otherwise provided in

this section, any requirement under Federal or State law regarding

the privacy or confidentiality of any information or material pro-

vided to the Nationwide Mortgage Licensing System and Registry

or a system established by the øDirector¿ Bureau of Consumer Fi-

nancial Protection under section 1509, and any privilege arising

under Federal or State law (including the rules of any Federal or

State court) with respect to such information or material, shall con-

tinue to apply to such information or material after the information

or material has been disclosed to the system. Such information and

material may be shared with all State and Federal regulatory offi-

cials with mortgage or financial services industry oversight author-

ity without the loss of privilege or the loss of confidentiality protec-

tions provided by Federal and State laws.

(b) N

ONAPPLICABILITY OF

ERTAIN

EQUIREMENTS

.—Information

or material that is subject to a privilege or confidentiality under

subsection (a) shall not be subject to—

(1) disclosure under any Federal or State law governing the

disclosure to the public of information held by an officer or an

agency of the Federal Government or the respective State; or

(2) subpoena or discovery, or admission into evidence, in any

private civil action or administrative process, unless with re-

spect to any privilege held by the Nationwide Mortgage Licens-

ing System and Registry or the øDirector¿ Bureau of Consumer

Financial Protection with respect to such information or mate-

rial, the person to whom such information or material pertains

waives, in whole or in part, in the discretion of such person,

that privilege.

OORDINATION

ITH

THER

.—Any State law, including

any State open record law, relating to the disclosure of confidential

supervisory information or any information or material described

in subsection (a) that is inconsistent with subsection (a) shall be

superseded by the requirements of such provision to the extent

State law provides less confidentiality or a weaker privilege.

(d) P

UBLIC

CCESS TO

NFORMATION

.—This section shall not

apply with respect to the information or material relating to the

employment history of, and publicly adjudicated disciplinary and

enforcement actions against, loan originators that is included in

Nationwide Mortgage Licensing System and Registry for access by

the public.

SEC. 1513. LIABILITY PROVISIONS.

The Bureau, any State official or agency, or any organization

serving as the administrator of the Nationwide Mortgage Licensing

System and Registry or a system established by the øDirector¿ Bu-

reau of Consumer Financial Protection under section 1509, or any

officer or employee of any such entity, shall not be subject to any

civil action or proceeding for monetary damages by reason of the

good faith action or omission of any officer or employee of any such

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entity, while acting within the scope of office or employment, relat-

ing to the collection, furnishing, or dissemination of information

concerning persons who—

(1) have applied, are applying, or are licensed or registered

through the Nationwide Mortgage Licensing System and Reg-

istry; and

(2) work in an industry with respect to which persons were

licensed or registered through the Nationwide Mortgage Li-

censing System and Registry on the date of enactment of the

Economic Growth, Regulatory Relief, and Consumer Protection

Act.

SEC. 1514. ENFORCEMENT BY THE BUREAU.

(a) S

UMMONS

UTHORITY

.—The øDirector¿ Bureau of Consumer

Financial Protection may—

(1) examine any books, papers, records, or other data of any

loan originator operating in any State which is subject to a li-

censing system established by the øDirector¿ Bureau of Con-

sumer Financial Protection under section 1508; and

(2) summon any loan originator referred to in paragraph (1)

or any person having possession, custody, or care of the reports

and records relating to such loan originator, to appear before

the øDirector¿ Bureau of Consumer Financial Protection or any

delegate of the øDirector¿ Bureau of Consumer Financial Pro-

tection at a time and place named in the summons and to

produce such books, papers, records, or other data, and to give

testimony, under oath, as may be relevant or material to an in-

vestigation of such loan originator for compliance with the re-

quirements of this title.

(b) E

XAMINATION

UTHORITY

.—

(1) I

N GENERAL

.—If the øDirector¿ Bureau of Consumer Fi-

nancial Protection establishes a licensing system under section

1508 for any State, the øDirector¿ Bureau of Consumer Finan-

cial Protection shall appoint examiners for the purposes of ad-

ministering such section.

(2) P

OWER TO EXAMINE

.—Any examiner appointed under

paragraph (1) shall have power, on behalf of the øDirector¿

Bureau of Consumer Financial Protection, to make any exam-

ination of any loan originator operating in any State which is

subject to a licensing system established by the øDirector¿ Bu-

reau of Consumer Financial Protection under section 1508

whenever the øDirector¿ Bureau of Consumer Financial Protec-

tion determines an examination of any loan originator is nec-

essary to determine the compliance by the originator with this

title.

(3) R

EPORT OF EXAMINATION

.—Each examiner appointed

under paragraph (1) shall make a full and detailed report of

examination of any loan originator examined to the øDirector¿

Bureau of Consumer Financial Protection.

(4) A

DMINISTRATION OF OATHS AND AFFIRMATIONS

;

EVI

DENCE

.—In connection with examinations of loan originators

operating in any State which is subject to a licensing system

established by the øDirector¿ Bureau of Consumer Financial

Protection under section 1508, or with other types of investiga-

tions to determine compliance with applicable law and regula-

tions, the øDirector¿ Bureau of Consumer Financial Protection

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248

and examiners appointed by the øDirector¿ Bureau of Con-

sumer Financial Protection may administer oaths and affirma-

tions and examine and take and preserve testimony under oath

as to any matter in respect to the affairs of any such loan origi-

nator.

(5) A

SSESSMENTS

.—The cost of conducting any examination

of any loan originator operating in any State which is subject

to a licensing system established by the øDirector¿ Bureau of

Consumer Financial Protection under section 1508 shall be as-

sessed by the øDirector¿ Bureau of Consumer Financial Protec-

tion against the loan originator to meet the Secretary’s ex-

penses in carrying out such examination.

EASE AND

ESIST

ROCEEDING

.—

(1) A

UTHORITY OF

DIRECTOR

BUREAU OF CONSUMER FINAN

CIAL PROTECTION

.—If the øDirector¿ Bureau of Consumer Fi-

nancial Protection finds, after notice and opportunity for hear-

ing, that any person is violating, has violated, or is about to

violate any provision of this title, or any regulation thereunder,

with respect to a State which is subject to a licensing system

established by the øDirector¿ Bureau of Consumer Financial

Protection under section 1508, the øDirector¿ Bureau of Con-

sumer Financial Protection may publish such findings and

enter an order requiring such person, and any other person

that is, was, or would be a cause of the violation, due to an act

or omission the person knew or should have known would con-

tribute to such violation, to cease and desist from committing

or causing such violation and any future violation of the same

provision, rule, or regulation. Such order may, in addition to

requiring a person to cease and desist from committing or

causing a violation, require such person to comply, or to take

steps to effect compliance, with such provision or regulation,

upon such terms and conditions and within such time as the

øDirector¿ Bureau of Consumer Financial Protection may

specify in such order. Any such order may, as the øDirector¿

Bureau of Consumer Financial Protection deems appropriate,

require future compliance or steps to effect future compliance,

either permanently or for such period of time as the øDirector¿

Bureau of Consumer Financial Protection may specify, with

such provision or regulation with respect to any loan origi-

nator.

(2) H

EARING

.—The notice instituting proceedings pursuant to

paragraph (1) shall fix a hearing date not earlier than 30 days

nor later than 60 days after service of the notice unless an ear-

lier or a later date is set by the øDirector¿ Bureau of Consumer

Financial Protection with the consent of any respondent so

served.

(3) T

EMPORARY ORDER

.—Whenever the øDirector¿ Bureau of

Consumer Financial Protection determines that the alleged vio-

lation or threatened violation specified in the notice instituting

proceedings pursuant to paragraph (1), or the continuation

thereof, is likely to result in significant dissipation or conver-

sion of assets, significant harm to consumers, or substantial

harm to the public interest prior to the completion of the pro-

ceedings, the øDirector¿ Bureau of Consumer Financial Protec-

tion may enter a temporary order requiring the respondent to

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249

cease and desist from the violation or threatened violation and

to take such action to prevent the violation or threatened viola-

tion and to prevent dissipation or conversion of assets, signifi-

cant harm to consumers, or substantial harm to the public in-

terest as the øDirector¿ Bureau of Consumer Financial Protec-

tion deems appropriate pending completion of such pro-

ceedings. Such an order shall be entered only after notice and

opportunity for a hearing, unless the øDirector¿ Bureau of

Consumer Financial Protection determines that notice and

hearing prior to entry would be impracticable or contrary to

the public interest. A temporary order shall become effective

upon service upon the respondent and, unless set aside, lim-

ited, or suspended by the øDirector¿ Bureau of Consumer Fi-

nancial Protection or a court of competent jurisdiction, shall re-

main effective and enforceable pending the completion of the

proceedings.

(4) R

EVIEW OF TEMPORARY ORDERS

.—

(A) R

EVIEW BY

DIRECTOR

BUREAU OF CONSUMER FINAN

CIAL PROTECTION

.—At any time after the respondent has

been served with a temporary cease and desist order pur-

suant to paragraph (3), the respondent may apply to the

øDirector¿ Bureau of Consumer Financial Protection to

have the order set aside, limited, or suspended. If the re-

spondent has been served with a temporary cease and de-

sist order entered without a prior hearing before the øDi-

rector¿ Bureau of Consumer Financial Protection, the re-

spondent may, within 10 days after the date on which the

order was served, request a hearing on such application

and the øDirector¿ Bureau of Consumer Financial Protec-

tion shall hold a hearing and render a decision on such ap-

plication at the earliest possible time.

(B) J

UDICIAL REVIEW

.—Within—

(i) 10 days after the date the respondent was served

with a temporary cease and desist order entered with

a prior hearing before the øDirector¿ Bureau of Con-

sumer Financial Protection; or

(ii) 10 days after the øDirector¿ Bureau of Consumer

Financial Protection renders a decision on an applica-

tion and hearing under paragraph (1), with respect to

any temporary cease and desist order entered without

a prior hearing before the øDirector¿ Bureau of Con-

sumer Financial Protection,

the respondent may apply to the United States district

court for the district in which the respondent resides or

has its principal place of business, or for the District of Co-

lumbia, for an order setting aside, limiting, or suspending

the effectiveness or enforcement of the order, and the court

shall have jurisdiction to enter such an order. A respond-

ent served with a temporary cease and desist order en-

tered without a prior hearing before the øDirector¿ Bureau

of Consumer Financial Protection may not apply to the

court except after hearing and decision by the øDirector¿

Bureau of Consumer Financial Protection on the respond-

ent’s application under subparagraph (A).

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250

O AUTOMATIC STAY OF TEMPORARY ORDER

.—The

commencement of proceedings under subparagraph (B)

shall not, unless specifically ordered by the court, operate

as a stay of the Secretary’s order.

(5) A

UTHORITY OF THE

DIRECTOR

BUREAU OF CONSUMER FI

NANCIAL PROTECTION

TO PROHIBIT PERSONS FROM SERVING AS

LOAN ORIGINATORS

.—In any cease and desist proceeding under

paragraph (1), the øDirector¿ Bureau of Consumer Financial

Protection may issue an order to prohibit, conditionally or un-

conditionally, and permanently or for such period of time as

the øDirector¿ Bureau of Consumer Financial Protection shall

determine, any person who has violated this title or regula-

tions thereunder, from acting as a loan originator if the con-

duct of that person demonstrates unfitness to serve as a loan

originator.

(d) A

UTHORITY OF THE

øD

IRECTOR

¿ B

UREAU OF

ONSUMER

NANCIAL

ROTECTION

SSESS

ONEY

ENALTIES

.—

(1) I

N GENERAL

.—The øDirector¿ Bureau of Consumer Finan-

cial Protection may impose a civil penalty on a loan originator

operating in any State which is subject to a licensing system

established by the øDirector¿ Bureau of Consumer Financial

Protection under section 1508, if the øDirector¿ Bureau of Con-

sumer Financial Protection finds, on the record after notice and

opportunity for hearing, that such loan originator has violated

or failed to comply with any requirement of this title or any

regulation prescribed by the øDirector¿ Bureau of Consumer

Financial Protection under this title or order issued under sub-

section (c).

(2) M

AXIMUM AMOUNT OF PENALTY

.—The maximum amount

of penalty for each act or omission described in paragraph (1)

shall be $25,000.

* * * * * * *

SEC. 1516. REPORTS AND RECOMMENDATIONS TO CONGRESS.

(a) A

NNUAL

EPORTS

.—Not later than 1 year after the date of en-

actment of this title, and annually thereafter, the øDirector¿ Bu-

reau of Consumer Financial Protection shall submit a report to

Congress on the effectiveness of the provisions of this title, includ-

ing legislative recommendations, if any, for strengthening con-

sumer protections, enhancing examination standards, streamlining

communication between all stakeholders involved in residential

mortgage loan origination and processing, and establishing per-

formance based bonding requirements for mortgage originators or

institutions that employ such brokers.

(b) L

EGISLATIVE

ECOMMENDATIONS

.—Not later than 6 months

after the date of enactment of this title, the øDirector¿ Bureau of

Consumer Financial Protection shall make recommendations to

Congress on legislative reforms to the Real Estate Settlement Pro-

cedures Act of 1974, that the øDirector¿ Bureau of Consumer Fi-

nancial Protection deems appropriate to promote more transparent

disclosures, allowing consumers to better shop and compare mort-

gage loan terms and settlement costs.

SEC. 1517. STUDY AND REPORTS ON DEFAULTS AND FORECLOSURES.

(a) S

TUDY

EQUIRED

.—The øDirector¿ Bureau of Consumer Fi-

nancial Protection shall conduct an extensive study of the root

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causes of default and foreclosure of home loans, using as much em-

pirical data as is available.

(b) P

RELIMINARY

EPORT TO

ONGRESS

.—Not later than 6

months after the date of enactment of this title, the øDirector¿ Bu-

reau of Consumer Financial Protection shall submit to Congress a

preliminary report regarding the study required by this section.

INAL

EPORT TO

ONGRESS

.—Not later than 12 months after

the date of enactment of this title, the øDirector¿ Bureau of Con-

sumer Financial Protection shall submit to Congress a final report

regarding the results of the study required by this section, which

shall include any recommended legislation relating to the study,

and recommendations for best practices and for a process to pro-

vide targeted assistance to populations with the highest risk of po-

tential default or foreclosure.

TITLE 44, UNITED STATES CODE

* * * * * * *

CHAPTER 35—COORDINATION OF FEDERAL

INFORMATION POLICY

SUBCHAPTER I—FEDERAL INFORMATION POLICY

* * * * * * *

§ 3513. Director review of agency activities; reporting; agen-

cy response

(a) In consultation with the Administrator of General Services,

the Archivist of the United States, the Director of the National In-

stitute of Standards and Technology, and the Director of the Office

of Personnel Management, the Director shall periodically review se-

lected agency information resources management activities to as-

certain the efficiency and effectiveness of such activities to improve

agency performance and the accomplishment of agency missions.

(b) Each agency having an activity reviewed under subsection (a)

shall, within 60 days after receipt of a report on the review, provide

a written plan to the Director describing steps (including mile-

stones) to—

(1) be taken to address information resources management

problems identified in the report; and

(2) improve agency performance and the accomplishment of

agency missions.

OMPARABLE

REATMENT

.—Notwithstanding any other provi-

sion of law, the Director shall treat or review a rule or order pre-

scribed or proposed by the øDirector of the¿ Bureau of Consumer

Financial Protection on the same terms and conditions as apply to

any rule or order prescribed or proposed by the Board of Governors

of the Federal Reserve System.

* * * * * * *

DISTRICT OF COLUMBIA HOME RULE ACT

* * * * * * *

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TITLE VI—RESERVATION OF CONGRESSIONAL AUTHORITY

* * * * * * *

LIMITATIONS ON THE COUNCIL

. 602. (a) The Council shall have no authority to pass any act

contrary to the provisions of this Act except as specifically provided

in this Act, or to—

(1) impose any tax on property of the United States or any

of the several States;

(2) lend the public credit for support of any private under-

taking;

(3) enact any act, or enact any act to amend or repeal any

Act of Congress, which concerns the functions or property of

the United States or which is not restricted in its application

exclusively in or to the District;

(4) enact any act, resolution, or rule with respect to any pro-

vision of title 11 of the District of Columbia Code (relating to

organization and jurisdiction of the District of Columbia

courts);

(5) impose any tax on the whole or any portion of the per-

sonal income, either directly or at the source thereof, of any in-

dividual not a resident of the District (the terms ‘‘individual’’

and ‘‘resident’’ to be understood for the purposes of this para-

graph as they are defined in section 4 of title I of the District

of Columbia Income and Franchise Tax Act of 1947);

(6) enact any act, resolution, or rule which permits the build-

ing of any structure within the District of Columbia in excess

of the height limitations contained in section 5 of the Act of

June 1, 1910 (D.C. Code, sec. 5–405), and in effect on the date

of enactment of this Act;

(7) enact any act, resolution, or regulation with respect to

the Commission of Mental Health;

(8) enact any act or regulation relating to the United States

District Court for the District of Columbia or any other court

of the United States in the District other than the District

courts, or relating to the duties or powers of the United States

attorney or the United States Marshal for the District of Co-

lumbia;

(9) enact any act, resolution, or rule with respect to any pro-

vision of title 23 of the District of Columbia Code (relating to

criminal procedure), or with respect to any provision of any law

codified in title 22 or 24 of the District of Columbia Code (re-

lating to crimes and treatment of prisoners), or with respect to

any criminal offense pertaining to articles subject to regulation

under chapter 32 of title 22 of the District of Columbia Code,

during the forty-eight full calendar months immediately fol-

lowing the day on which the members of the Council first elect-

ed pursuant to this Act take office; øor¿

(10) enact any act, resolution, or rule with respect to the Dis-

trict of Columbia Financial Responsibility and Management

Assistance Authority established under section 101(a) of the

District of Columbia Financial Responsibility and Management

Assistance Act of 1995ø.¿; or;

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(11) enact any act, resolution, rule, regulation, guidance, or

other law to permit any person to carry out any activity, or to

reduce the penalties imposed with respect to any activity, to

which subsection (a) of section 3 of the Assisted Suicide Fund-

ing Restriction Act of 1997 (42 U.S.C. 14402) applies (taking

into consideration subsection (b) of such section).

(b) Nothing in this Act shall be construed as vesting in the Dis-

trict government any greater authority over the National Zoological

Park, the National Guard of the District of Columbia, the Wash-

ington Aqueduct, the National Capital Planning Commission, or,

except as otherwise specifically provided in this Act, over any Fed-

eral agency, than was vested in the Commissioner prior to the ef-

fective date of title IV of this Act.

(c)(1) Except acts of the Council which are submitted to the

President in accordance with the Budget and Accounting Act, 1921,

any act which the Council determines according to section 412(a),

should take effect immediately because of emergency cir-

cumstances, and acts proposing amendments to title IV of this Act

and except as provided in section 462(c) and section 472(d)(1), the

Chairman of the Council shall transmit to the Speaker of the

House of Representatives, and the President of the Senate a copy

of each act passed by the Council and signed by the Mayor, or ve-

toed by the Mayor and repassed by two-thirds of the Council

present and voting, each act passed by the Council and allowed to

become effective by the Mayor without his signature, and each ini-

tiated act and act subject to referendum which has been ratified by

a majority of the registered qualified electors voting on the initia-

tive or referendum. Except as provided in paragraph (2), such act

shall take effect upon the expiration of the 30-calendar-day period

(excluding Saturdays, Sundays, and holidays, and any day on

which neither House is in session because of an adjournment sine

die, a recess of more than three days, or an adjournment of more

than three days) beginning on the day such act is transmitted by

the Chairman to the Speaker of the House of Representatives and

the President of the Senate, or upon the date prescribed by such

act, whichever is later, unless during such 30-day period, there has

been enacted into law a joint resolution disapproving such act. In

any case in which any such joint resolution disapproving such an

act has, within such 30-day period, passed both Houses of Congress

and has been transmitted to the President, such resolution, upon

becoming law, subsequent to the expiration of such 30-day period,

shall be deemed to have repealed such act, as of the date such reso-

lution becomes law. The provisions of section 604, except sub-

sections (d), (e), and (f) of such section, shall apply with respect to

any joint resolution disapproving any act pursuant to this para-

graph.

(2) In the case of any such Act transmitted by the Chairman with

respect to any Act codified in title 22, 23, or 24 of the District of

Columbia Code, such act shall take effect at the end of the 60-day

period beginning on the day such act is transmitted by the Chair-

man to the Speaker of the House of Representatives and the Presi-

dent of the Senate unless, during such 60-day period, there has

been enacted into law a joint resolution disapproving such act. In

any case in which any such joint resolution disapproving such an

act has, within such 60-day period, passed both Houses of Congress

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and has been transmitted to the President, such resolution, upon

becoming law subsequent to the expiration of such 60-day period

shall be deemed to have repealed such act, as of the date such reso-

lution becomes law. The provisions of section 604, relating to an ex-

pedited procedure for consideration of joint resolutions, shall apply

to a joint resolution disapproving such Act as specified in this para-

graph.

(3) The Council shall submit with each Act transmitted under

this subsection an estimate of the costs which will be incurred by

the District of Columbia as a result of the enactment of the Act in

each of the first 4 fiscal years for which the Act is in effect, to-

gether with a statement of the basis for such estimate.

* * * * * * *

DISTRICT OF COLUMBIA OFFICIAL CODE

* * * * * * *

TITLE 7—HUMAN HEALTH CARE AND

SAFETY

* * * * * * *

øCHAPTER 6B—PHYSICIAN ASSISTED DEATH

ø§ 7–661.01. Definitions

øFor the purposes of this chapter, the term:

ø(1) ‘‘Attending physician’’ shall have the same meaning as

provided in § 7-621(1); provided, that the attending physician’s

practice shall not be primarily or solely composed of patients

requesting a covered medication.

ø(2) ‘‘Capable’’ means that, in the opinion of a court or the

patient’s attending physician, consulting physician, psychia-

trist, or psychologist, a patient has the ability to make and

communicate health care decisions to health care providers.

ø(3) ‘‘Consulting physician’’ means a physician who is quali-

fied by specialty or experience to make a professional diagnosis

and prognosis regarding the patient’s disease and who is will-

ing to participate in the provision of a covered medication to

a qualified patient in accordance with this chapter.

ø(4) ‘‘Counseling’’ means one or more consultations as nec-

essary between a District licensed psychiatrist or psychologist

and a patient for the purpose of determining that the patient

is capable and not suffering from a psychiatric or psychological

disorder or depression causing impaired judgment.

ø(5) ‘‘Covered medication’’ means a medication prescribed

pursuant to this chapter for the purpose of ending a person’s

life in a humane and peaceful manner.

ø(6) ‘‘Department’’ means the Department of Health.

ø(7) ‘‘Health care facility’’ means a hospital or long-term care

facility.

ø(8) ‘‘Health care provider’’ means a person, partnership, cor-

poration, facility, or institution that is licensed, certified, or au-

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thorized under District law to administer health care or dis-

pense medication in the ordinary course of business or practice

of a profession.

ø(9) ‘‘Hospital’’ shall have the same meaning as provided in

§ 44-501(a)(1).

ø(10) ‘‘Informed decision’’ means a decision by a qualified pa-

tient to request and obtain a prescription for a covered medica-

tion that is based on an appreciation of the relevant facts and

is made after being fully informed by the attending physician

of:

ø(A) His or her medical diagnosis;

ø(B) His or her prognosis;

ø(C) The potential risks associated with taking the cov-

ered medication;

ø(D) The probable results of taking the covered medica-

tion; and

ø(E) Feasible alternatives to taking the covered medica-

tion, including comfort care, hospice care, and pain control.

ø(11) ‘‘Long-term care facility’’ means a nursing home or

community residence facility, as defined by § 44-501(a)(3) and

(4), or an assisted living residence, as defined by § 44-

102.01(4).

ø(12) ‘‘Medically confirmed’’ means the medical opinion of the

attending physician has been confirmed by a consulting physi-

cian who has examined the patient and the patient’s relevant

medical records.

ø(13) ‘‘Patient’’ means a person who has attained 18 years of

age, resides in the District of Columbia, and is under the care

of a physician.

ø(14) ‘‘Physician’’ shall have the same meaning as provided

in § 7-621(4).

ø(15) ‘‘Qualified patient’’ means a patient who:

ø(A) Has been determined to be capable; and

ø(B) Satisfies the requirements of this chapter in order

to obtain a prescription for a covered medication.

ø(16) ‘‘Terminal disease’’ means an incurable and irreversible

disease that has been medically confirmed and will, within rea-

sonable medical judgment, result in death within 6 months.

ø§ 7–661.02. Requests for a covered medication

ø(a) To request a covered medication, a patient shall:

ø(1) Make 2 oral requests, separated by at least 15 days, to

an attending physician.

ø(2) Submit a written request, signed and dated by the pa-

tient, to the attending physician before the patient makes his

or her 2nd oral request and at least 48 hours before a covered

medication may be prescribed or dispensed.

ø(b)(1) A written request made pursuant to subsection (a)(2) of

this section shall be witnessed by at least 2 individuals who, in the

presence of the patient, attest to the best of their knowledge and

belief that the patient is capable, acting voluntarily, and is not

being unduly influenced to sign the request.

ø(2) If the patient is a patient in a long-term care facility at the

time the written request is made under subsection (a)(2) of this sec-

tion, one of the witnesses shall be an individual designated by the

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facility who has met the qualifications specified in the Depart-

ment’s regulations.

ø(3) One of the witnesses shall be a person who is not:

ø(A) A relative of the patient by blood, marriage, or adoption;

ø(B) At the time the request is signed, entitled to any por-

tion of the estate of the qualified patient upon death under any

will or by operation of law; or

ø(C) An owner, operator, or employee of a health care facility

where the qualified patient is receiving medical treatment or

is a resident.

ø(4) The patient’s attending physician at the time of the request

shall not be a witness.

ø(c) A written request made pursuant to subsection (a)(2) of this

section shall be in substantially the following form:

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ø§ 7–661.03. Responsibilities of the attending physician

ø(a) Upon receiving a written request for a covered medication

pursuant to § 7-661.02(a)(2), the attending physician shall:

ø(1) Determine that the patient:

ø(A) Has a terminal disease;

ø(B) Is capable;

ø(C) Has made the request voluntarily; and

ø(D) Is a resident of the District of Columbia;

ø(2) Inform the patient of:

ø(A) His or her medical diagnosis;

ø(B) His or her prognosis;

ø(C) The potential risks associated with taking a covered

medication;

ø(D) The probable result of taking a covered medication;

and

ø(E) The feasible alternatives to taking a covered medi-

cation, including comfort care, hospice care, and pain con-

trol;

ø(3) Refer the patient to a consulting physician;

ø(4) Refer the patient to counseling if appropriate, pursuant

to § 7-661.04;

ø(5) Inform the patient of the availability of supportive coun-

seling to address the range of possible psychological and emo-

tional stress involved with the end stages of life;

ø(6) Recommend that the patient notify next of kin, friends,

and spiritual advisor, if applicable, of his or her decision to re-

quest a covered medication;

ø(7) Counsel the patient about the importance of having an-

other person present when the patient takes a covered medica-

tion and of not taking a covered medication in a public place;

ø(8) Inform the patient that he or she has an opportunity to

rescind a request for a covered medication at any time and in

any manner;

ø(9) Verify, immediately before writing the prescription for a

covered medication, that the patient is making an informed de-

cision; and

ø(10) Fulfill the medical record documentation requirements

of § 7-661.06.

ø(b) If a consulting physician receives a referral for a patient

from an attending physician pursuant to subsection (a)(3) of this

section, the consulting physician shall:

ø(1) Examine the patient and his or her relevant medical

records to confirm, in writing, the attending physician’s diag-

nosis that the patient is suffering from a terminal disease;

ø(2) Verify, in writing, to the attending physician that the

patient:

ø(A) Is capable;

ø(B) Is acting voluntarily; and

ø(C) Has made an informed decision; and

ø(3) Refer the patient to counseling if appropriate, pursuant

to § 7-661.04.

ø§ 7–661.04. Counseling referral

ø(a) If, in the opinion of the attending physician or the consulting

physician, a patient may be suffering from a psychiatric or psycho-

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logical disorder or depression causing impaired judgment, either

physician shall refer the patient to counseling.

ø(b) No covered medication shall be prescribed until the patient

receives counseling and the psychiatrist or psychologist performing

the counseling determines that the patient is not suffering from a

psychiatric or psychological disorder or depression causing im-

paired judgment.

ø§ 7–661.05. Dispensing a covered medication and reporting

requirements

ø(a) An attending physician may not prescribe or dispense a cov-

ered medication, unless:

ø(1) The patient has satisfied the requirements of §§ 7-

661.02 and 7-661.04, if applicable;

ø(2) The attending physician has satisfied the requirements

of §§ 7-661.03 and 7-661.04, if applicable; and

ø(3) The attending physician has offered the patient an op-

portunity to rescind his or her request for a covered medication

immediately before prescribing or dispensing the covered medi-

cation.

ø(b) After the attending physician ensures that the requirements

provided in subsection (a) of this section have been met, the attend-

ing physician may:

ø(1) Dispense a covered medication, including ancillary medi-

cations intended to minimize the patient’s discomfort, directly

to the qualified patient; provided, that the attending physician

is authorized to do so in § 48-903.02 and has a current Drug

Enforcement Administration certificate issued pursuant to 21

C.F.R. § 1301.35; or

ø(2) After a qualified patient completes the form under § 7-

661.02(c):

ø(A) Contact a pharmacist and inform the pharmacist of

the prescription for a covered medication; and

ø(B) Deliver the written prescription for a covered medi-

cation personally, or by telephone, facsimile, or electroni-

cally to the pharmacist.

ø(c) Upon receiving a written prescription for a covered medica-

tion by an attending physician under subsection (b)(2) of this sec-

tion, the pharmacist may dispense the covered medication to the

following:

ø(A) The patient;

ø(B) The attending physician; or

ø(C) An expressly identified agent designated by the quali-

fied patient, with the designation communicated to the phar-

macist by the patient verbally or in writing.

ø(d) A pharmacist, upon dispensing a covered medication under

subsection (c) of this section, shall immediately notify the attending

physician that the covered medication was dispensed.

ø(e) Within 30 days after a health care provider dispenses a cov-

ered medication, the attending physician shall file with the Depart-

ment a copy of the information required by § 7-661.06 on a form

created by the Department.

ø(f) Within 30 days after a patient ingests a covered medication,

or as soon as practicable after the a health care provider is made

aware of a patient’s death resulting from ingesting the covered

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medication, the health care provider shall notify the Department of

a patient’s death.

ø(g) Notwithstanding any other provision of law, the attending

physician may sign the patient’s death certificate.

ø(h) The cause of death listed on a death certificate shall identify

the qualified patient’s underlying medical condition consistent with

the International Classification of Diseases without reference to the

fact that the qualified patient ingested a covered medication.

ø(i)(1) The Office of the Chief Medical Examiner shall review

each death involving a qualified patient who ingests a covered

medication and, if warranted by the review, may conduct an inves-

tigation.

ø(2) The review required by paragraph (1) of this subsection shall

not constitute an inquiry for the purposes of § 7-211; provided, that

an investigation authorized by paragraph (1) of this subsection

shall constitute an inquiry for the purposes of Chapter 2 of this

title.

ø§ 7–661.06. Medical record documentation requirements

ø(a) The attending physician shall document and file in the med-

ical record of the patient requesting a covered medication:

ø(1) All oral requests by a patient for a covered medication;

ø(2) All written requests by a patient for a covered medica-

tion;

ø(3) The attending physician’s:

ø(A) Diagnosis and prognosis of the patient;

ø(B) Determination that the patient is a District resi-

dent and is capable, acting voluntarily, and has made an

informed decision when requesting a covered medication;

ø(C) Offer to the patient to rescind his or her request for

a covered medication before the patient makes his or her

second oral request;

ø(D) Notation that all requirements under this chapter

have been met; and

ø(E) Notation regarding all steps taken to carry out the

patient’s request for a covered medication, including a no-

tation of the covered medication prescribed;

ø(4) The consulting physician’s:

ø(A) Diagnosis and prognosis of the patient;

ø(B) Verification that the patient is capable, acting vol-

untarily, and has made an informed decision when re-

questing a covered medication; and

ø(5) If a patient is referred to counseling pursuant to § 7-

661.04, a report by the psychiatrist or psychologist of the out-

come and determinations made during counseling.

ø§ 7–661.07. Reporting requirements

ø(a) Beginning one year after February 18, 2017, and on an an-

nual basis thereafter, the Department shall review the records

maintained under § 7-661.06 for the purpose of gathering data and

ensuring compliance with this chapter.

ø(b) The Department shall generate and make available to the

public an annual statistical report of information collected pursu-

ant to subsection (a) of this section. The report shall include:

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ø(1) The number of qualified patients for whom a prescrip-

tion for a covered medication was written;

ø(2) The number of known qualified patients who died each

year for whom a prescription for a covered medication was

written, and the cause of death of those patients;

ø(3) The number of known deaths in the District from using

a covered medication;

ø(4) The number of physicians who wrote prescriptions for a

covered medication; and

ø(5) Of the qualified patients who died due to using a cov-

ered medication, demographic percentages organized by the fol-

lowing characteristics:

ø(A) Age at death;

ø(B) Education level, if known;

ø(C) Race;

ø(D) Sex;

ø(E) Type of insurance, including whether or not they

had insurance, if known; and

ø(F) Terminal disease.

ø§ 7–661.08. Effect on construction of wills and contracts

ø(a) A provision in a contract, will, or other agreement executed

on or after February 18, 2017, whether written or oral, is not valid

if the provision would affect whether a person may make or rescind

a request for a covered medication.

ø(b) An obligation owing under any contract, will, or other agree-

ment executed on or after February 18, 2017 may not be condi-

tioned or affected by a person making or rescinding a request for

a covered medication.

ø§ 7–661.09. Insurance and annuity policies

ø(a) The sale, procurement, or issuance of any life, health, acci-

dent insurance, annuity policy, employment benefits, or the rate

charged for any policy may not be conditioned upon or affected by

the making or rescinding of a qualified patient’s request for a cov-

ered medication.

ø(b) A qualified patient’s act of ingesting a covered medication

shall not have an effect upon a life, health, accident insurance, an-

nuity policy, or employment benefits.

ø(c) Nothing in this section shall be construed to limit the ability

of an insurance or annuity provider from investigating a claim for

benefits for a death.

ø§ 7–661.10. Health care provider participation; notification;

permissible sanctions

ø(a) No health care provider shall be obligated under this chap-

ter, by contract, or otherwise, to participate in the provision of a

covered medication to a qualified patient.

ø(b) If a health care provider is unable or unwilling to carry out

a patient’s request for a covered medication under this chapter and

the patient transfers his or her care to a new health care provider,

the prior health care provider shall transfer, upon request of the

patient, a copy of the patient’s relevant medical records to the new

health care provider.

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ø(c) A health care provider may prohibit any other health care

provider that it employs or contracts with from providing a covered

medication under this chapter on the prohibiting health care pro-

vider’s premises; provided, that the prohibiting health care pro-

vider has notified the health care provider of this policy before the

employee or contractor has provided a covered medication.

ø(d) Notwithstanding § 7-661.11, if, before a covered medication

has been provided, the prohibiting health care provider has notified

the sanctioned health care provider that it prohibits providing a

covered medication under this chapter, the prohibiting health care

provider may impose the following sanctions:

ø(1) Loss of privileges, loss of membership, or other sanction

pursuant to the prohibiting health care provider’s medical staff

bylaws, policies, and procedures, if the sanctioned health care

provider is a member of the prohibiting health care provider’s

medical staff and participates under this chapter while on staff

on the premises of the prohibiting health care provider’s health

care facility;

ø(2) Termination of the lease or other property contract or

other nonmonetary remedies provided under the lease or prop-

erty contract, not including loss or restriction of medical staff

privileges or exclusion from a provider panel, if the sanctioned

health care provider participates under this chapter while on

the premises of a prohibiting health care provider’s health care

facility or on the property that is owned by or under the direct

control of the prohibiting health care provider;

ø(3) Termination of an employment contract or other non-

monetary remedies provided by contract if the sanctioned

health care provider participates under this chapter in the

course and scope of the sanctioned health care provider’s duties

as an employee or independent contractor of the prohibiting

health care provider; or

ø(4) Any other sanctions and penalties in accordance with

the prohibiting health care provider’s policies and practices;

provided, that no sanctions or penalties shall be imposed under

this paragraph without a procedure for contesting the sections

and penalties.

ø(e) Nothing in this section shall be construed to prevent:

ø(1) A health care provider from participating under this

chapter while acting outside the course and scope of the health

care provider’s duties as an employee or independent con-

tractor of the prohibiting health care provider;

ø(2) A patient from contracting with his or her attending

physician and consulting physician to act outside the course

and scope of the health care provider’s duties as an employee

or independent contractor of the prohibiting health care pro-

vider;

ø(3) A health care provider from making an initial deter-

mination pursuant to the standard of care that a patient has

a terminal disease and informing him or her of the medical

prognosis;

ø(4) A health care provider from providing information about

this chapter upon the request of the patient; or

ø(5) A health care provider from providing a patient, upon

request, with a referral to another health care provider.

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ø(f) Sanctions issued pursuant to subsection (d) of this section

are not reportable under § 3-1205.13(a)(4)(C).

ø§ 7–661.11. Immunities, liabilities, and exceptions

ø(a) Except as provided in § 7-661.10, no person shall be subject

to civil or criminal liability or professional disciplinary action for:

ø(1) Participating in good faith compliance with this chapter;

ø(2) Refusing to participate in providing a covered medica-

tion under this chapter; or

ø(3) Being present when a qualified patient takes a covered

medication.

ø(b) Nothing in this chapter shall be interpreted to lower the ap-

plicable standard of care for the attending physician, consulting

physician, psychiatrist, psychologist, or other health care provider

participating in this chapter.

ø(c) No request by a patient for a covered medication made in

good-faith compliance with the provisions of this chapter shall pro-

vide the basis for the appointment of a guardian or conservator.

ø§ 7–661.12. Claims by district government for costs incurred

øIf the District government incurs costs resulting from the death

of a qualified patient ingesting a covered medication pursuant to

this chapter in a public place, the District government shall have

a claim against the estate of the qualified patient to recover such

costs and reasonable attorney fees related to enforcing the claim.

ø§ 7–661.13. Penalties

ø(a) A person who, without authorization of the patient, willfully

alters or forges a request for a covered medication or conceals or

destroys a rescission of a request for a covered medication with the

intent or effect of causing the patient’s death is punishable as a

Class A felony.

ø(b) A person who, without authorization of the patient, willfully

coerces or exerts undue influence on a patient to request or ingest

a covered medication with the intent or effect of causing the pa-

tient’s death is punishable as a Class A felony.

ø§ 7–661.14. Rules

ø(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title

2, shall issue rules to:

ø(1) Develop the form to collect the medical record informa-

tion required by § 7-661.06;

ø(2) Facilitate the collection of the medical record informa-

tion required by § 7-661.06; and

ø(3) Provide for the return of and safe disposal of unused

covered medications.

ø(b) The Mayor, pursuant to subchapter I of Chapter 5 of Title

2, may issue rules to implement the provisions of this chapter, in-

cluding rules to:

ø(1) Specify the recommended methods by which a qualified

patient, who so desires, may notify first responders of his or

her intent to ingest a covered medication; and

ø(2) Establish training opportunities for the medical commu-

nity to learn about the use of covered medications by qualified

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263

patients seeking to die in a humane and peaceful manner, in-

cluding best practices for prescribing the covered medication.

ø§ 7–661.15. Construction

ø(a) Nothing in this chapter may be construed to authorize a

physician or any other person to end a patient’s life by lethal injec-

tion, mercy killing, active euthanasia, or any other method or medi-

cation not authorized under this chapter.

ø(b) Actions taken in accordance with this chapter do not con-

stitute suicide, assisted suicide, mercy killing, or homicide.

ø(c) Nothing in this chapter shall be construed to authorize a

qualified patient to ingest a covered medication in a public place.

ø§ 7–661.16. Freedom of information act exemption

øThe information collected by the Department pursuant to this

chapter shall not be a public record and may not be made available

for inspection by the public under subchapter II of Chapter 5 of

Title 2, or any other law.¿

* * * * * * *

TITLE 16. PARTICULAR ACTIONS,

PROCEEDINGS AND MATTERS.

* * * * * * *

CHAPTER 55. STRATEGIC LAWSUITS AGAINST PUBLIC

PARTICIPATION.

* * * * * * *

ø§ 16–5505. Exemptions

ø(a) This chapter shall not apply to:

ø(1) Any claim for relief brought against a person primarily

engaged in the business of selling or leasing goods or services,

if the statement or conduct from which the claim arises is:

ø(A) A representation of fact made for the purpose of

promoting, securing, or completing sales or leases of, or

commercial transactions in, the person’s goods or services;

and

ø(B) The intended audience is an actual or potential

buyer or customer; and

ø(2) Any claim brought by the District government, including

District public charter schools.

ø(b) Subsection (a)(2) of this section shall apply:

ø(1) As of March 31, 2011; and

ø(2) To any claims pending as of November 8. 2021.¿

§ 16–5505. Exemptions

This chapter shall not apply to any claim for relief brought

against a person primarily engaged in the business of selling or

leasing goods or services, if the statement or conduct from which the

claim arises is:

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(1) A representation of fact made for the purpose of pro-

moting, securing, or completing sales or leases of, or commercial

transactions in, the person’s goods or services; and

(2) The intended audience is an actual or potential buyer or

customer.

* * * * * * *

SECTION 3014 OF THE SCHOLORSHIPS FOR

OPPORTUNITY AND RESULTS ACT

SEC. 3014. AUTHORIZATION OF APPROPRIATIONS.

(a) I

ENERAL

.—There are authorized to be appropriated

$60,000,000 for fiscal year 2012 and for each fiscal year through

fiscal year ø2023¿ 2027, of which—

(1) øone-third¿ one-half shall be made available to carry out

the opportunity scholarship program under this division for

each fiscal year;

(2) øone-third¿ one-sixth shall be made available to carry out

section 3004(b)(1) for each fiscal year; and

(3) one-third shall be made available to carry out section

3004(b)(2) for each fiscal year.

(b) A

PPORTIONMENT

.—If the total amount of funds appropriated

under subsection (a) for a fiscal year does not equal $60,000,000,

the funds shall be apportioned in the manner described in sub-

section (a) for such fiscal year.

VAILABILITY

.—Amounts appropriated under subsection (a)(1),

including amounts appropriated and available under such sub-

section before the date of enactment of the SOAR Funding Avail-

ability Act, shall remain available until expended.

(d) E

FFECTIVE DATE

.—The amendments made by this section

shall take effect on the date of enactment of this section.

COMPARATIVE STATEMENT OF NEW BUDGET

(OBLIGATIONAL) AUTHORITY

The following table provides a detailed summary, for each De-

partment and agency, comparing the amounts recommended in the

bill with amounts enacted for fiscal year 2023 and budget esti-

mates presented for fiscal year 2024.

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(285)

DISSENTING VIEWS

The Financial Services and General Government (FSGG) bill

funds critical programs that impact the lives of every American in

their capacity as consumers, as investors, and as taxpayers. The

bill’s jurisdiction covers a diverse range of agencies including those

that provide oversight and regulation of the financial and tele-

communications industries, manage government buildings and in-

frastructure projects, and oversee the federal workforce. In addi-

tion, funding in this bill supports the operations of the White

House, the Federal Judiciary, and the District of Columbia.

We appreciate Chairman Womack’s efforts in assembling the Fis-

cal Year (FY) 2024 FSGG bill. We were pleased to cooperate with

the Chairman to identify areas of common ground. However, the

overwhelming share of funding decisions and policy provisions in

this bill reflect an unprecedented degree of focus on partisan prior-

ities from the Majority’s side.

The bill’s FY 2024 allocation is $11.3 billion, 58 percent below

the 2023 level and 64 percent below the President’s budget request.

President Biden, Speaker McCarthy, and 314 House Members

came together to enact a law to address the deficit. Now that

agreement is not being honored because of a small but willful mi-

nority. The bill breaks this agreement by rescinding over $13 bil-

lion in funding from the Inflation Reduction Act.

Perhaps the most egregious cut in this bill targets the IRS and

its enforcement abilities. For decades, the IRS has been severely

under-funded. This funding supports IRS revenue agents with the

expertise necessary to conduct complex, high-income audits. Less

funding means fewer agents. Meanwhile, the number of tax returns

filed, and the GDP have both increased. These reckless budget and

staffing cuts have caused the number of IRS audits on the wealthi-

est Americans to plummet.

Instead of addressing this problem, this legislation exacerbates it

with a cut to IRS enforcement, protecting high-earners and cor-

porations. Such a drastic cut has severe consequences for our gov-

ernment to collect the owed taxes it needs to serve the people. Cut-

ting enforcement funding reduces revenue and increases the debt.

The result is the same as simply reducing taxes on wealthy Ameri-

cans—a cause Republicans have also championed. Republicans

claim to be the party of fiscal responsibility. This legislation is a

dereliction of that responsibility.

Other Treasury Department functions that are key to national

security—the Financial Crimes Enforcement Network and the of-

fice of Terrorism and Financial Intelligence are also irresponsibly

cut. We hear a great deal from the other side of the aisle talk about

wanting to be ‘‘tough on China’’ and yet, the bill includes no fund-

ing for the Administration’s efforts to restrict outbound investment

in countries that threaten our national security.

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This bill makes it harder to enforce the law by imposing irre-

sponsible cuts on key regulatory agencies and resources. That in-

cludes the Federal Trade Commission (FTC), the Securities Ex-

change Commission (SEC), the Consumer Financial Protection Bu-

reau, the Consumer Products Safety Commission, the Federal Com-

munications Commission (FCC), and DC’s Emergency Planning and

Security Costs account. In doing so, this bill leaves Americans vul-

nerable to a variety of threats—from fraud and scams to dangerous

products that can harm and even kill adults and children.

Additionally, the bill doesn’t provide any funding for Election As-

sistance Commission Election Security Grants, making our elec-

tions more vulnerable to interference and tampering, about which

Republicans have been so outspoken.

Another particularly irresponsible cut targets the General Serv-

ices Administration (GSA), which functions as the Federal Govern-

ment’s developer and landlord. This includes no funding for the

Technology Modernization Fund or the Electric Vehicles Fund.

The bill provides no funding for a much-needed consolidation and

modernization for the headquarters of the Federal Bureau Inves-

tigations (FBI). The current FBI headquarters is in such disrepair

that it constitutes a national security threat by preventing FBI em-

ployees from having access to necessary and secure facilities to do

their important work protecting our nation. This project has been

years in the making, and this lack of funding stalls the nation in

addressing this urgently needed infrastructure improvement. Each

year that project is delayed costs taxpayers $268 million dollars

and undermines FBI’s mission and the safety of its employees.

Cuts to the Small Business Administration would cut off assist-

ance and resources that help small businesses start, grow, and

compete. At a time when our economy is returning following pan-

demic business closures, this reduction is especially irresponsible.

The bill contains numerous harmful riders on a wide range of

topics. They prohibit the government from improving diversity and

equality, limit our ability to combat climate change, further under-

mine FTC and SEC consumer protections, restrict reproductive

health-care access, and interfere with the home rule authority of

the District of Columbia.

The Committee adopted several additional outrageous amend-

ments that would significantly further weaken the SEC, FTC, out-

bound investment review at Treasury, and home rule in the Dis-

trict of Columbia. One amendment adopted would permit concealed

carry of firearms in the District of Columbia and on public trans-

portation.

In an effort to improve the bill, Rep. Pocan offered an amend-

ment to strike a provision that would prohibit the IRS from devel-

oping a free electronic filing software for all Americans.

Rep. Torres offered an amendment to strike these harmful provi-

sions and protect a woman’s right to make legal and private health

choices without government interference. By opposing adoption of

this amendment, the Republican Majority continued its hypocritical

allegiance to limited government, until it concerns a women’s right

to choose.

Rep. Aguilar offered an amendment, which was not adopted, to

make sure that Dreamers, certain non-criminal immigrants that

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entered the country as children and remain without U.S. citizen-

ship, can lend their talents to the Federal workforce.

These poison-pill riders are utterly unnecessary and make com-

pleting the appropriations process much more difficult.

In a rare instance of bipartisanship, Committee Members on both

sides of the aisle united to defeat an amendment which would have

rescinded all the unobligated funding for the new consolidated FBI

Headquarters.

All across the bill, these unwise cuts will reduce the ability of the

government to effectively protect consumers and investors and in-

vestigate tax cheats and collect revenues. Overall, the proposed

spending reductions are not fiscally responsible since they will ac-

tually increase costs in the future through reduced revenue and di-

minished enforcement. As a consequence, we are gravely concerned

that the bill fails to make the necessary investments to confront

the challenges facing this nation. Of equal concern are the reckless

and ill-advised policy riders that do not belong on an appropria-

tions bill. Many of these provisions threaten to impose even greater

damage to the nation’s democratic principles and core financial in-

frastructure.

OSA

L. D

AURO

TENY

H. H

OYER

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