H.R. 5485 — Reported in House → Engrossed in House

Sec. 110

changed None of the funds made available by this or any other Act may be used to pay the salaries or expenses of any individual to carry out any transfer of funds to the ~~Internal~~ Internal Revenue Service under the Patient Protection and ~~Affordable~~ Affordable Care Act (Public Law 111–148) or the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152).

Sec. 130

(a)

Section 155 of Public Law 111–203 is amended as follows:

(1)

In subsection (b)—

(A)

in paragraph (1)—

(i)

by striking “immediately”; and

(ii)

by inserting “as provided for in appropriation Acts” after “to the Office”;

(B)

by striking paragraph (2); and

(C)

by redesignating paragraph (3) as paragraph (2).

(2)

changed In subsection (d), by striking the heading and inserting ~~“ASSESSMENT SCHEDULE.—”.~~“Assessment Schedule.—”.

(b)

The amendments made by subsection (a) shall take effect on October 1, 2017.

Sec. 506

changed None of the funds made available in this Act or transferred to the Bureau of Consumer Financial Protection pursuant to section 1017 of Public law ~~111-203~~ 111–203 may be used to regulate pre-dispute arbitration agreements (as described in section 1028 of Public Law 111–203) and any regulation finalized by the Bureau to regulate pre-dispute arbitration agreements shall have no legal force or effect until the requirements regarding pre-dispute arbitration specified in the report accompanying this Act under the heading ‘‘Bureau of Consumer Financial Protection,” are fulfilled.

Sec. 632

None of the funds made available by this Act may be used to implement, administer, or enforce the Report and Order on Remand, Declaratory Ruling, and Order in the matter of protecting and promoting the open Internet, adopted by the Federal Communications Commission on February 26, 2015 (FCC 15–24), until the first date on which there has been a final disposition (including the exhaustion of or expiration of the time for any appeals) of all of the following civil actions:

(1)

changed Alamo Broadband Inc. v. Federal Communications Commission, et al., No. ~~15-60201,~~ 15–60201, pending in the United States Court of Appeals for the Fifth Circuit as of the date of the enactment of this Act.

(2)

changed United States Telecom Assoc. v. Federal Communications Commission, et al., No. ~~15-1063,~~ 15–1063, pending in the United States Court of Appeals for the District of Columbia Circuit as of the date of the enactment of this Act.

(3)

changed CenturyLink v. Federal Communications Commission, No. ~~15-1099,~~ 15–1099, pending in the United States Court of Appeals for the District of Columbia Circuit as of the date of the enactment of this Act.

Sec. 634

(a)

changed Effective one year after the date of the enactment of this Act, subtitle B of title IV of Public Law ~~102—281~~ 102–281 is repealed.

(b)

On the day before the date of the repeal under subsection (a), the Secretary of the Treasury shall transfer the amounts in the fund described in section 408(a) of subtitle A of title IV of such Public Law into the general fund of the Treasury.

Sec. 639

changed None of the funds made available by this Act, any other Act, or transferred to the Bureau of Consumer Financial Protection pursuant to section 1017 of the Consumer Financial Protection Act of 2010 may be used to issue or enforce any rule or regulation with respect to payday loans (as described under section 1024(a)(1)(E) of such Act), vehicle title loans, or other similar loans during fiscal year 2017 and the Bureau may not issue or enforce any such rule or regulation after fiscal year 2017 until such time as the Bureau has submitted to Congress a detailed report, after providing for a public comment period of not less than 90 days, ~~that~~ that: (1) analyzes the impact of any such rule or regulation on consumer access to credit, including an analysis of the rule or regulation’s impact on populations that have traditionally had limited access to credit; and (2) identifies existing alternative credit products that are immediately available to existing users of payday loans, vehicle title loans, or other similar loans at the same credit risk profiles and at sufficient levels to fully replace any anticipated potential reduction in current sources of short-term, small-dollar credit as a result of the rule or regulation.

Sec. 640

(a)

changed None of the funds made available by this Act shall be used to implement, promulgate, finalize or enforce Executive Order No. 13673, issued July 31, 2014, or to develop any regulation or guidance related thereto, until—

(1)

a study is conducted by the Comptroller General analyzing the impacts of such order on affected Federal agencies’ missions, impacts on the industrial base, and including a cost benefit analysis of implementation of the such order versus potential alternatives; and

(2)

the Secretary of Labor has reviewed the report of the study conducted pursuant to paragraph (1) and certified that the benefits of the order outweigh any associated costs and will not impede agency missions.

(b)

The study to be conducted by the Comptroller General shall be publicly available and shall be submitted to the Committees on Appropriations of the House of Representatives and Senate. The elements of the study shall include an assessment of—

(1)

the estimated costs to each Federal agency or department to implement the Executive order, including the costs of designating labor compliance advisors and any other associated positions or resources needed to support the functions of the labor compliance advisors;

(2)

the effects of the Executive order on the industrial base (including the defense industrial base) and including input from both the Federal agencies (including the Department of Defense) and affected members of the industrial base, including how the order would affect the ability of mission critical contractors to continue to provide goods and services to the Federal Government;

(3)

any private sector capabilities that the agency or department would risk losing access to if the Executive order were implemented as defined in the FAR proposed rule (FAR Case 2014–025; Docket No. 2014–0025) and any related final rule;

(4)

costs to prime contractors and subcontractors associated with complying with the proposed rule or any related final rule, including the costs of having to create new information systems or processes to obtain and manage the data required by the Executive order;

(5)

the effect of the Executive order on Federal acquisition competition and the ability to encourage non-traditional contractors to compete in the Federal market;

(6)

the effect of the Executive order on the ability of the Federal Government to meet statutory small business prime contracting and subcontracting goals, including such goals for minority-owned, women-owned, and service-disabled veteran-owned small businesses;

(7)

the total number of violations (as defined in the proposed Department of Labor guidance) and the number of such violations where a challenge was still pending that would trigger disclosure by potential bidders to a Government solicitation;

(8)

any delays to the procurement process that will result from the implementation of the Executive order;

(9)

alternative approaches to effect the goal of the Executive order, including potential improvements to Government information systems, that could provide greater transparency into labor law compliance without shifting the reporting burden to industry; and

(10)

such other matters as the Comptroller General determines relevant.

Sec. 742

(a)

changed No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: “These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to to: (1) classified ~~information,~~ information; (2) communications to ~~Congress,~~ Congress; (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or ~~safety,~~ safety; or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.”: Provided, That notwithstanding the preceding provision of this section, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law.

(b)

A nondisclosure agreement may continue to be implemented and enforced notwithstanding subsection (a) if it complies with the requirements for such agreement that were in effect when the agreement was entered into.

(c)

No funds appropriated in this or any other Act may be used to implement or enforce any agreement entered into during fiscal year 2014 which does not contain substantially similar language to that required in subsection (a).

Sec. 745

None of the funds made available under this or any other Act may be used to—

(a)

changed implement, administer, carry out, modify, revise, or enforce Executive Order No. 13690, entitled “Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input” (issued January 30, 2015), until such time as each affected agency–—

(1)

publically releases and submits to the appropriate Congressional committees an implementation plan that identifies all specific agency responsibilities and program changes, including an assessment of the near term and long term costs and benefits of the responsibilities and changes identified in such plan and

(2)

changed seeks public comment on any regulation, policy, or guidance to implement Executive Order No. 13690 for not less than 180 days and holds at least one public hearing; or

(b)

changed implement Executive Order No. 13690 in a manner that modifies the non-grant components of the National Flood Insurance Program under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.); or

(c)

changed apply Executive Order No. 13690 or the Federal Flood Risk Management Standard by any component of the Department of Defense, including the Army Corps of Engineers in a way that changes the “floodplain” considered when determining whether or not to issue a permit under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act of March 3, 1899 (chapter 425, 30 Stat. 1151; 33 U.S.C. 403).

Sec. 816

(a)

(1)

During fiscal year 2018, during a period in which neither a District of Columbia continuing resolution or a regular District of Columbia appropriation bill is in effect, local funds are appropriated in the amount provided for any project or activity for which local funds are provided in the Act referred to in paragraph (2) (subject to any modifications enacted by the District of Columbia as of the beginning of the period during which this subsection is in effect) at the rate set forth by such Act.

(2)

changed The Act referred to in this paragraph is the Act of the Council of the District of Columbia pursuant to which a proposed budget is approved for fiscal year 2018 which (subject to the requirements of the District of Columbia Home Rule Act) will constitute the local portion of the annual budget for the District of Columbia government for fiscal year 2018 for purposes of section 446 of the District of Columbia Home Rule Act (sec. ~~1-204.46,~~ 1–204.46, D.C. Official Code).

(b)

Appropriations made by subsection (a) shall cease to be available—

(1)

during any period in which a District of Columbia continuing resolution for fiscal year 2018 is in effect; or

(2)

upon the enactment into law of the regular District of Columbia appropriation bill for fiscal year 2018.

(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 2018 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 2018 if any other provision of law (other than an authorization of appropriations)—

(1)

makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or

(2)

specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period.

(f)

Nothing in this section shall be construed to affect obligations of the government of the District of Columbia mandated by other law.

Sec. 1202

added

added None of the funds made available by this Act may be used to enforce the requirements in section 316(b)(4)(D) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118(b)(4)(D)) that the solicitation of contributions from member corporations’ stockholders and executive or administrative personnel, and the families of such stockholders or personnel, by trade associations must be separately and specifically approved by the member corporation involved prior to such solicitation, and that such member corporation does not approve any such solicitation by more than one such trade association in any calendar year.

Sec. 1203

added

added None of the funds made available by this Act may be used to implement, administer, or enforce any of the rules proposed pursuant to section 222 of the Communications Act of 1934 (47 U.S.C. 222) and other statutory provisions in the Notice of Proposed Rulemaking that was adopted by the Federal Communications Commission on March 31, 2016 (FCC 16–39).

Sec. 1204

added

added None of the funds made available by this Act may be used to implement, administer, or enforce a new regulatory action for which the aggregate costs of State, local, and tribal government compliance or private sector compliance, as estimated under section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532), will be $100,000,000 or more.

Sec. 1205

added

added None of the funds made available by this Act may be used with respect to the case Rainey v. Merit Systems Protection Board (United States Court of Appeals for the Federal Circuit; No. 2015–3234, decided on June 7, 2016).

Sec. 1206

added

added None of the funds appropriated by this Act may be used to enforce section 540 of Public Law 110–329 (122 Stat. 3688) or section 538 of Public Law 112–74 (125 Stat. 976; 6 U.S.C. 190 note).

Sec. 1207

added

added None of the funds made available by this Act may be used for the relocation of the Office of Disability Adjudication and Review of the Social Security Administration located at 111 Livingston Street in Brooklyn, New York.

Sec. 1208

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. 1209

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)

added 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)

added violation of Federal or State antitrust statutes relating to the submission of offers; or

(C)

added 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. 1210

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 career appointee within the Senior Executive Service.

Sec. 1211

added

added None of the funds made available in this Act may be used to propose or finalize a regulatory action until January 21, 2017.

Sec. 1212

added

added None of the funds made available by the Act may be used in contravention of, or to implement changes to, section 560.516 of title 31, Code of Federal Regulations, as in effect on June 22, 2016.

Sec. 1213

added

added None of the funds made available in this Act may be used to carry out Operation Choke Point.

Sec. 1214

added

added None of the funds appropriated by this Act may be used to change Selective Service System registration requirements in contravention of section 3 of the Military Selective Service Act (50 U.S.C. 3802).

Sec. 1215

added

added None of the funds made available by this Act may be used by the Securities and Exchange Commission to propose, issue, implement, administer, or enforce any requirement that a solicitation of a proxy, consent, or authorization to vote a security of an issuer in an election of members of the board of directors of the issuer be made using a single ballot or card that lists both individuals nominated by (or on behalf of) the issuer and individuals nominated by (or on behalf of) other proponents and permits the person granting the proxy, consent, or authorization to select from among individuals in both groups.

Sec. 1216

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. 1217

added

added None of the funds made available by this Act may be used in contravention of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).

Sec. 1218

added

added None of the funds made available by this Act may be used by the Bureau of Consumer Financial Protection to implement, administer, or enforce any guidance with respect to indirect auto lending.

Sec. 1219

added

added None of the funds made available by this Act may be used to implement, administer, or enforce a rule issued pursuant to section 13(p) of the Securities Exchange Act of 1934.

Sec. 1220

added

added None of the funds made available by this Act may be used the Securities and Exchange Commission to finalize, implement, administer, or enforce pay ratio disclosure rules, including the final rule titled “Pay Ratio Disclosure”, published Aug. 18, 2015 (80 Fed. Reg. 50103).

Sec. 1221

added

added None of the funds made available to the Department of Treasury by this Act may be used to issue a license pursuant to any Office of Foreign Assets Control (OFAC) memo regarding Section 5.1.1 of Annex II to the Joint Comprehensive Plan of Action of July 14, 2015 (JCPOA), including the January 16, 2016, OFAC memo titled, “Statement of Licensing Policy For Activities Related to the Export Or Re-Export to Iran of Commercial Passenger Aircraft and Related Parts and Services” and any other OFAC memo of the same substance.

Sec. 1222

added

added None of the funds made available by this Act may be used to authorize a transaction by a United States financial institution (as defined under section 561.309 of title 31, Code of Federal Regulations) that is ordinarily incident to the export or re-export of a commercial passenger aircraft to the Islamic Republic of Iran.

Sec. 1223

added

added None of the funds made available by this Act may be used to pay final judgments, awards, compromise settlements, or interest and costs specified in the judgments to Iran using amounts appropriated under section 1304 of title 31, United States Code, or interest from amounts appropriated under such section.

Sec. 1224

added

added None of the funds made available by this Act may be used by the Secretary of the Treasury to modify regulations that prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the Secretary finds knowingly engages in any activity described in subparagraphs (A), (B), (C), (D), or (E) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111–195; 22 U.S.C. 8513(c)(2)).

Sec. 1225

added

added None of the funds made available by this Act may be used by the Bureau of Consumer Financial Protection to commence any administrative adjudication or civil action under section 1053 of the Consumer Financial Protection Act of 2010 more than 3 years after the date of discovery of the violation to which the adjudication or action relates.

Sec. 1226

added

added None of the funds made available by this Act (including title IV and title VIII) may be used to carry out the Reproductive Health Non-Discrimination Amendment Act of 2014 (D.C. Law 20–261) or to implement any rule or regulation promulgated to carry out such Act.

Sec. 1227

added

added None of the funds made available by this Act may be used to finalize, implement, administer, or enforce the proposed rule entitled “Voluntary Remedial Actions and Guidelines for Voluntary Recall Notices” published by the Consumer Product Safety Commission in the Federal Register on November 21, 2013 (78 Fed. Reg. 69793).

Sec. 1228

added

added None of the funds made available by this Act may be used to implement, administer, enforce, or codify into regulation, the guidance relating to “Commission Guidance Regarding Disclosure Related to Climate Change”, affecting parts 211, 231, and 249 of title 17, Code of Federal Regulations (as described in Commission Release Nos. 33–9106; 34–61469; FR–82).

Sec. 1229

added

added None of the funds appropriated or otherwise made available in this Act may be used to revise any policy or directive relating to hiring preferences for veterans.

Sec. 1230

added

added None of the funds made available by this Act may be used by the Bureau of Consumer Financial Protection for a contract for consumer awareness and engagement tools and resources communication.

H.R. 5485 — what changed