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H.R. 5016 — what changed

Department of the Treasury Appropriations Act, 2015

From Reported in House to Engrossed in House. 12 sections amended and 20 added between Reported in House and Engrossed in House.

Sec. 109

changed None of funds made available by this Act to the Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes, documentation requirements, and policies issued by the Chief Financial Officer, Human Capital Office, and Agency-Wide Shared Services as a result of the recommendations in the report published on May 31, 2013, by the Treasury Inspector General for Tax Administration entitled “Review of the August 2010 Small Business/Self-Employed Division's Conference in Anaheim, California” (Reference Number 2013-10-037).2013–10–037).

Sec. 127

(a)
The Secretary of the Treasury and the Secretary of Homeland Security shall provide a joint report not later than 90 days after the enactment of this Act regarding travel pursuant to sections 515.560(a)(1), 515.560(c)(4)(i), and 515.561 of title 31, Code of Federal Regulations.
(b)
changed Such report shall include, for each fiscal year beginning with 2007 under the aforementioned category of travel:travel—
(1)
number of travelers; average duration of stay for each trip;
(2)
changed average amount of U.S. United States dollars spent per traveler;
(3)
number of return trips per year; and
(4)
changed total sum of U.S. United States dollars spent collectively in each fiscal year.

Sec. 129

changed None of the funds appropriated or otherwise made available in this Act may be obligated or expended to provide for the enforcement of any rule, regulation, policy, or guideline implemented pursuant to the Department of the Treasury Guidance for U.S. United States Positions on MDBs Engaging with Developing Countries on Coal-Fired Power Generation dated October 29, 2013, when enforcement of such rule, regulation, policy, or guideline would prohibit, or have the effect of prohibiting, the carrying out of any coal-fired or other power-generation project the purpose of which is to increase exports of goods and services from the United States or prevent the loss of jobs from the United States.

Sec. 204

changed None of the funds made available by this Act may be used to pay the salaries and expenses of any officer or employee of the Executive Office of the President to prepare or implement an Executive Order order that contravenes existing law.

Sec. 205

(a)
changed During fiscal year 2015, any Executive Order order issued by the President shall include a statement from the Director of the Office of Management and Budget on the budgetary impact of the Executive Order.order.
(b)
Any such statement shall include—
(1)
a narrative summary of the costs and revenue impacts of such order on the Federal Government;
(2)
the impact on mandatory and discretionary obligations and outlays, listed by Federal agency, for each year in the 5-fiscal year period beginning in fiscal year 2015; and
(3)
the impact on revenues of the Federal Government over the 5-fiscal year period beginning in fiscal year 2015.
(c)
changed If an Executive Order order is issued during fiscal year 2015 due to a national emergency, the Director of the Office of Management and Budget may issue the statement required by subsection (a) not later than 15 days after the date that the Executive Order order is issued.

Sec. 619

(a)
(1)
Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space must consult with the General Services Administration before issuing a solicitation for offers of new leases or construction contracts, and in the case of succeeding leases, before entering into negotiations with the current lessor.
(2)
renumbered was (1)(2) Any such agency with authority to enter into an emergency lease may do so during any period declared by the President to require emergency leasing authority with respect to such agency.
(b)
renumbered was (2) For purposes of this section, the term “Executive agency covered by this Act” means any Executive agency provided funds by this Act, but does not include the General Services Administration or the United States Postal Service.

Sec. 632

Section 716 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8305) is amended—

(1)
in subsection (b)—
(A)
in paragraph (2)(B), by striking “insured depository institution” and inserting “covered depository institution”; and
(B)
by adding at the end the following:

“(3) Covered depository institution—The term covered depository institution means—

“(A) an insured depository institution, as that term is defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and

“(B) a United States uninsured branch or agency of a foreign bank.”

(2)
in subsection (c)—
(A)
in the heading for such subsection, by striking “insured” and inserting “covered”;
(B)
by striking “an insured” and inserting “a covered”;
(C)
by striking “such insured” and inserting “such covered”; and
(D)
changed by striking “or savings and loan holding company” and inserting “savings and loan holding company, or foreign banking organization (as such term is defined under Regulation K of the Board of Governors of the Federal Reserve System (12 C.F.R. CFR 211.21(o)))”;
(3)
by amending subsection (d) to read as follows:

“(d) Only bona fide hedging and traditional bank activities permitted

“(1) In general—The prohibition in subsection (a) shall not apply to any covered depository institution that limits its swap and security-based swap activities to the following:

“(A) Hedging and other similar risk mitigation activities—Hedging and other similar risk mitigating activities directly related to the covered depository institution's activities.

“(B) Non-structured finance swap activities—Acting as a swaps entity for swaps or security-based swaps other than a structured finance swap.

“(C) Certain structured finance swap activities—Acting as a swaps entity for swaps or security-based swaps that are structured finance swaps, if—

“(i) such structured finance swaps are undertaken for hedging or risk management purposes; or

“(ii) each asset-backed security underlying such structured finance swaps is of a credit quality and of a type or category with respect to which the prudential regulators have jointly adopted rules authorizing swap or security-based swap activity by covered depository institutions.

“(2) Definitions—For purposes of this subsection:

“(A) Structured finance swap—The term structured finance swap means a swap or security-based swap based on an asset-backed security (or group or index primarily comprised of asset-backed securities).

“(B) Asset-backed security—The term asset-backed security has the meaning given such term under section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).”

(4)
in subsection (e), by striking “an insured” and inserting “a covered”; and
(5)
in subsection (f)—
(A)
by striking “an insured depository” and inserting “a covered depository”; and
(B)
by striking “the insured depository” each place such term appears and inserting “the covered depository”.

Sec. 706

In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes:

(1)
changed Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13423 (January 24, 2007), including any such programs adopted prior to the effective date of the Executive Order.order.
(2)
Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs.
(3)
Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency.

Sec. 734

During fiscal year 2015, for each employee who—

(1)
changed retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code, Code; or
(2)
retires under any other provision of subchapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as an incentive to separate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management's average unit cost of processing a retirement claim for the preceding fiscal year. Such amounts shall be available until expended to the Office of Personnel Management and shall be deemed to be an administrative expense under section 8348(a)(1)(B) of title 5, United States Code.

Sec. 816

(a)
During fiscal year 2016, during a period in which neither a District of Columbia continuing resolution or a regular District of Columbia appropriation bill is in effect, local funds are appropriated in the amount provided for any project or activity for which local funds are provided in the Fiscal Year 2016 Budget Request Act of 2015 as submitted to Congress (subject to any modifications enacted by the District of Columbia as of the beginning of the period during which this subsection is in effect) at the rate set forth by such Act.
(b)
Appropriations made by subsection (a) shall cease to be available—
(1)
during any period in which a District of Columbia continuing resolution for fiscal year 2016 is in effect; or
(2)
upon the enactment into law of the regular District of Columbia appropriation bill for fiscal year 2016.
(c)
An appropriation made by subsection (a) is provided under the authority and conditions as provided under this Act and shall be available to the extent and in the manner that would be provided by this Act.
(d)
An appropriation made by subsection (a) shall cover all obligations or expenditures incurred for such project or activity during the portion of fiscal year 2016 for which this section applies to such project or activity.
(e)
This section shall not apply to a project or activity during any period of fiscal year 2016 if any other provision of law (other than an authorization of appropriations)—
(1)
changed makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, period; or
(2)
specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period.
(f)
Nothing in this section shall be construed to affect obligations of the government of the District of Columbia mandated by other law.

Sec. 901

(a)
changed No funds appropriated by this Act shall be available to pay for an abortion or the administrative expenses in connection with a multi-State qualified health plan offered under a contract under section 1334 of the Patient Protection and Affordable Care Act (42 USC U.S.C. 18054) which provides any benefits or coverage for abortions.
(b)
The provision of subsection (a) shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.

Sec. 902

changed The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0.$0 (increased by $1,750,000) (increased by $353,000,000) (increased by $788,111,800) (increased by $2,000,000).

Sec. 903

added

added The amount otherwise provided by this Act for “National Security Council and Homeland Security Council—Salaries and Expenses” for the National Security Council is hereby reduced by $4,200,000.

Sec. 904

added

added None of the funds made available by this Act may be used to enter into any contract with an incorporated entity if such entity’s sealed bid or competitive proposal shows that such entity is incorporated or chartered in Bermuda or the Cayman Islands, and such entity’s sealed bid or competitive proposal shows that such entity was previously incorporated in the United States.

Sec. 905

added

added None of the funds made available by this Act may be used to reinstall the Red Mountain sculpture on the plaza of the Hugo Black Courthouse in Birmingham, Alabama.

Sec. 906

added

added None of the funds made available in this Act may be used to enter into a contract with any person whose disclosures of a proceeding with a disposition listed in section 2313(c)(1) of title 41, United States Code, in the Federal Awardee Performance and Integrity Information System include the term “Fair Labor Standards Act.”.

Sec. 907

added

added None of the funds made available in this Act may be used to modify or rebuild any portion of the White House bowling alley, including using phenolic synthetic material.

Sec. 908

added

added None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by Federal Acquisition Regulation, that the offeror or any of its principals—

(1)
added within a 3-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: (A) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; (B) violation of Federal or State antitrust statutes relating to the submission of offers; or (C) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(2)
added are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above in paragraph (1); or
(3)
added within a 3-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

Sec. 909

added

added None of the funds made available in this Act may be used in contravention of chapter 29, 31, or 33 of title 44, United States Code.

Sec. 910

added

added None of the funds in this Act may be available for the Office of Management and Budget to process or approve an apportionment request that does not include the following phrase: “Apportioned amounts are not available for any position that is held by an employee with respect to whom the President of the Senate or the Speaker of the House of Representatives has certified a statement of facts to a United States attorney under section 104 of the Revised Statutes (2 U.S.C. 194).”.

Sec. 911

added

added None of the funds made available by this Act may be used in contravention of section 6103 of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information).

Sec. 912

added

added None of the funds made available by this Act may be used to lease or purchase new light duty vehicles for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011.

Sec. 913

added

added None of the funds made available by this Act may be used to—

(1)
added designate any nonbank financial company as “too big to fail”;
(2)
added designate any nonbank financial company as a “systemically important financial institution”; or
(3)
added make a determination that material financial distress at a nonbank financial company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of such company, could pose a threat to the financial stability of the United States.

Sec. 914

added

added None of the funds made available in this Act may be used to study, promulgate, draft, review, implement, or enforce any rule pursuant to section 913 of the Dodd-Frank Wall Street Reform and Consumer Protection Act or amendments made by such section.

Sec. 915

added

added None of the funds made available by this Act may be used to pay a performance award under section 5384 of title 5, United States Code, to any employee of the Internal Revenue Service.

Sec. 916

added

added None of the funds made available in this Act may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, or Wisconsin or the District of Columbia, to penalize a financial institution solely because the institution provides financial services to an entity that is a manufacturer, producer, or a person that participates in any business or organized activity that involves handling marijuana or marijuana products and engages in such activity pursuant to a law established by a State or a unit of local government.

Sec. 917

added

added None of the funds made available by this Act may be used by the Internal Revenue Service to create machine-readable materials that are not subject to the safeguards established pursuant to section 3105 of title 44, United States Code.

Sec. 918

added

added None of funds made available by this Act to the Internal Revenue Service may be obligated or expended on conferences.

Sec. 919

added

added None of the funds made available in this Act may be used to provide funds from the Hardest Hit Fund program established by the Secretary of the Treasury under title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) to any State or local government for the purpose of funding pension obligations of such State or local government.

Sec. 920

added

added None of the funds made available in this Act to the Federal Communications Commission may be used, with respect to the States of Alabama, Arkansas, California, Colorado, Florida, Louisiana, Michigan, Minnesota, Missouri, Nebraska, Nevada, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin, to prevent such States from implementing their own State laws with respect to the provision of broadband Internet access service (as defined in section 8.11 of title 47, Code of Federal Regulations) by the State or a municipality or other political subdivision of the State.

Sec. 921

added

added None of the funds made available by this Act may be used by the Consumer Product Safety Commission to finalize, implement, or enforce the proposed rule entitled “Voluntary Remedial Actions and Guidelines for Voluntary Recall Notices” (CPSC Docket No. CPSC–2013–0040).

Sec. 922

added

added None of the funds made available by this Act, including amounts made available under titles IV or VIII, may be used by any authority of the government of the District of Columbia to enforce any provision of the Firearms Registration Amendment Act of 2008 (D.C. Law 17–372), the Inoperable Pistol Amendment Act of 2008 (D.C. Law 17–388), the Firearms Amendment Act of 2012 (D.C. Law 19–170), or the Administrative Disposition for Weapons Offenses Amendment Act of 2012 (D.C. Law 19–295).